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TOPIC F-CAR LOAD RATES.
§ 597. Different classification and rating between car load and less than
car load lots.
598. Difference in classification not essential.
599. Minimum carloads.
600. Minimum carload regulations.
601. Mixed carloads.
602. Car loaded by several shippers.
603. Train loads.
TOPIC G-DIFFERENCE IN RATE BETWEEN CLASSES.
§ 604. General principles governing differences between classes.
605. Low grade commodities may be carried at rates relatively low.
606. High grade commodities should not be overcharged relatively.
607. Differences between the classes should not be disproportionate.
608. Principles upon which rates for different commodities should be
made.
609. Reasonableness tested by comparison.
610. Differences between similar commodities ought not to be very slight.
CHAPTER XIX.
LENGTH OF TRANSPORTATION.
§ 621. General standard of comparison the ton mile.
TOPIC A-FACTORS MODIFYING THE TON-MILE RATE.
§ 622. Mileage rate tends to decrease inversely with the distance.
623. Equal mileage rates impractical.
624. Rates are in rough proportion to distance normally.
625. Different cost of service; heavy grades.
626. Competition modifying distance rates.
627. Comparison of through rates and local rates.
628. Difference in charge for carriage in opposite directions.
629. Low back freights justifiable.
630. Creation of a market by preferential rates.
631. Equalizing manufactures in different localities.
632. Passenger fares generally on a mileage basis.
TOPIC B-GROUPING OF STATIONS.
§ 633. The system of grouping.
634. Grouping by reason of competition in the articles transported.
635. Grouping must be reasonable.
636. When uniform rate to a group of stations is justifiable.
637. Basing points established.
638. Basing points justified.
TOPIC C-THROUGH RATES.
§ 639. Carriers may combine in a joint rate.
640. The entire rate must be reasonable.
641. Share of separate carrier as evidence of unfairness of entire rate.
642. Through rate need not be a reduced rate.
643. Through rate may be given although transit is broken.
644. Certain objections to the practice of giving privileges in transit
considered.
645. Rebate on reshipment.
646. A through arrangement necessary to justify such privileges.
647. Dangers in giving privileges in transit.
648. Through passenger accommodations.
TOPIC D.- EXPORT AND IMPORT RATE.
§ 649. Export and import rates considered.
650. Import rates may be regulated by competition.
651. Export rates regulated by competition.
652. Foreign competition justifies only necessary difference in rate.
653. Limitations upon making export and import rates.
CHAPTER XX.
THE RATE AS AN ENTIRETY.
§ 661. Nature of a rate.
TOPIC A-THE UNIT FIXED BY REGULATION.
§ 662. Characteristics of the rate as a regulation.
663. Established classification prima facie reasonable.
664. No presumption from continuance of classification under order of
commission.
665. Publication of change of rate requisite.
§ 666. Classification sheet not varied by contract or representation.
667. Methods of charging in rate making.
668. A minimum rate is justifiable.
669. Where minimum is fixed excess may be charged for.
670. Minimum weights with provision for refund of excess.
TOPIC B-THE JOURNEY THE UNIT IN PASSENGER SERVICE.
§ 671. The journey is a single entire unit.
672. Fare demanded at any point on the journey.
673. Ticket entitles passenger to carriage for a single journey.
674. Passenger cannot take two journeys for a single fare.
675. Passenger cannot pay two partial fares for a single journey.
676. Part of journey completed before collection of fare.
677. Resumption of journey by rejected passenger.
678. Passenger expelled at a regular station.
679. Change of destination during the journey.
680. Second journey on same train.
681. Non-payment of charges for prior carriages.
682. Effect of repudiation upon the applicants rights.
TOPIC C-THE SHIPMENT THE UNIT IN THE CARRIAGE OF GOODS.
§ 683. Maritime freight.
684. Right to compensation by agreement in case of carriage by sea.
685. Right to freight on land.
686. Effect of carriage over a portion of the journey.
687. No freight without delivery.
688. Freight indivisible as a rule.
689. Entire freight when goods arrive damaged.
690. Effect of partial delivery.
691. Lien for entire charge on every part.
692. No lien except for specific charge.
TOPIC D-ADDITIONAL CHARGES FOR SEPARATE PARTS OF THE
SERVICE.
§ 693. General principles as to additional charges.
694. Whether extra charges should be made.
695 Foreign system of itemized charge.
696. Charges for service before carriage is undertaken.
697. Freight should cover the entire carriage.
698. No separate charge for a part of the transit.
699. Charges for services during transportation.
§700. Terminal facilities usually included in the rates.
701. Terminals regarded as connections.
702. Services after carriage is ended.
703. Storage charges.
704. Demurrage of cars.
PART II.
PREVENTION OF DISCRIMINATION.
CHAPTER XXI.
GENERAL PRINCIPLES GOVERNING DISCRIMINATION.
TOPIC A-DIFFERING THEORIES AS TO DISCRIMINATION.
§ 711. Development of the rule against discrimination.
712. Early view that there was no law against discrimination as such.
713. Later rule against unreasonable differences.
714. Outright discrimination now universally condemned.
715. All discrimination forbidden by the better view.
TOPIC B-VIEW THAT NO RULE AGAINST DISCRIMINATION
AS SUCH.
§ 716. Extension of the rule against unreasonable rates.
717. No rule against discrimination as such.
718. Discrimination as evidence of unreasonable rates.
719. Special concessions may be made from established rates.
720. Outright discrimination unreasonable.
721. Undue preferences forbidden.
722. Special rates may not be discriminatory.
723. Exclusiveness of the privilege creates discrimination.
TOPIC C-VIEW THAT DISCRIMINATION ILLEGAL IN ITSELF.
§ 724. Necessity for the rule against discrimination.
725. Evils of discriminations between competitors.
726. Discriminations foster monopolies.
727. Rule forbidding discrimination goes beyond rule beginning rea
sonable rates.
728. Public injury by discriminations in freight rates.
729. Public wrong in giving free passes to passengers.
730. Giving free passes prima facie discrimination.
TOPIC D-WHAT CONSTITUTES DISCRIMINATION.
§ 731. Not all differences are discriminatory.
732. Whether the rule is limited to discrimination between competitors.
733. Whether reductions can be made for benevolent purposes.
734. Whether concessions may be made for special purposes.
735. Whether differences in the conditions of service may be recognized.
736. Differences may be made proportionate to the cost of service.
TITLE I.
DISCRIMINATION BETWEEN PERSONS.
CHAPTER XXII.
ILLEGAL DISCRIMINATION.
§ 741. The same rate for substantially similar services.
TOPIC A-CONCESSIONS TO GET COMPETITIVE BUSINESS.
§ 742. Whether concessions may be made in competition.
743. Competitive conditions do not justify making discriminations.
744. Reductions to get competitive business illegal.
745. Concessions allowed by some cases to get shipments from outlying
territory.
746. Such concessions forbidden by later cases.
747. Shippers making expensive preparations cannot be favored.
748. Additional services performed for certain shippers.
TOPIC B-CONCESSIONS TO LARGE SHIPPERS.
§ 749. Whether concessions may be made to large shippers.
750. Unreasonable differences forbidden by all courts.
751. Reasonable differences permitted by some courts.
752. Prevalent doctrine that no reduction should be allowed.
753. Reductions to large shippers unjust to small shippers.
754. Services to large shippers and to small shippers practically identical.
755. Reductions to passengers in parties.