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LIVE STOCK SHIPMENTS BY WEIGHT.

A change in the rule by which live cattle are shipped in carloads by the 100 pounds, instead of by a fixed price by car, is not unlawful. Abiel Leonard v. Chicago & Alton Railroad Company, 3d Inst. Com., 241.

THROUGH RATES COMPARED WITH LOCAL RATES.

Through rates are not required to be made on a mileage basis, nor local rates to correspond with the divisions of a joint through rate over the same line.

When rates on the line of a carrier are on their face disproportionate or relatively unequal, the burden is on the carrier to justify them when challenged. Henry McMorran and Edmund B. Harrington v. Grand Trunk Railway et al., 3d Inst. Com., 252.

WATER COMPETITION.

The defense of water competition from Chicago and the lake shipping points to seaboard points as a justification for an otherwise unjustifiable discrimination in rate between corn and its direct products, from Indianapolis to seaboard points, was held to be untenable owing to the situation of Indianapolis. Harvey Bates v. Pennsylvania Railroad Company, 3d Inst. Com., 435.

CONTINUOUS CARRIAGE.

Continuous carriage may be at a less rate than the sum of the locals. Property billed from one station to another, with privilege of unloading at an intermediate station, to be reloaded at the volition of the shipper, is not a through shipment as against competitors. Chicago, Rock Island & Pacific Railway Company v. Chicago & Alton Railway Company, 3d Inst. Com., 450.

PARTY RATE TICKETS.

Passenger excursion rates are required to be published according to the provisions of section 6 of the act to regulate commerce.

Party rate tickets are not commutation tickets, and when party rates are lower than contemporaneous rates for single passengers they constitute discrimination and are illegal. Pittsburg, Cincinnati & St. Louis Railway Company v. Baltimore & Ohio Railway Compay, 3d Inst. Com., 465.

CARLOAD CLASSIFICATION.

A classification of freight designating different classes for carload quantities and for less than carload quantities for transportation at a lower rate

in carloads than in less than carloads is not in contravention of the act to regulate commerce. The public interests are subserved by carload classification of property that, on account of the volume transported to reach markets or supply the demands of trade throughout the county, legitimately or usually moves in such quantities. F. B. Thurber et al. v. New York Central Railroad Company et al., 3d Inst. Com., 473.

COMMUTATION TICKETS.

It is not unlawful to refuse to refund to a party holding commutation ticket cash fare collected from such party when he did not have his ticket with him. Geo. D. Sedman v. Richmond & Danville Railroad Company, 3d Inst. Com., 512.

LOCAL BUSINESS ON LEASED LINES.

The duty of a railroad company operating its own road does not apply to a company that has only a running privilege for through trains to reach points on its own line. D. S. Alford v. Chicago, Rock Island Pacific Railway Company, 3d Inst. Com., 519.

ALL RAIL ROUTES AND RAIL AND WATER RATES.

The proportion of one carrier in a through rate upon a long haul often is, and frequently well may be, considerably less than its local rate for hauling the same freight over its own line, without there being any unjust discrimination.

When questions involve rates upon cotton by all rail lines to northern mills and Atlantic ports, upon through rates and a long haul on the one hand and on the other the local rates to a near port upon a short haul, such questions can only be disposed of on broad lines. New Orleans Cotton Exchange v. Illinois Central Railway Co. et al., 3d Inst Com., 534.

SLEEPING AND PRIVATE CARS.

Where a carrier has by an arrangement with one car company procured a sufficient supply of sleeping and excursion cars for all the business of its lines, it cannot be forced to haul excursion cars of other private companies over its track. The Worcester Excursion Car Co. v. Pennsylvania Railroad Co., 3d Inst. Com., 577.

STATE AND INTER-STATE CARRIERS.

When a state carrier engages in inter-state commerce it becomes a national instrumentality for the purposes of such commerce, and is subject to regula

tions prescribed by the national authority. Bennett D. Mattingly v. Pennsylvania Railroad Co., 3d Inst. Com., 592.

FREE CARTAGE AND RATES.

If free cartage at a station has the effect to reduce a rate below the charge at another station near the point of shipment, it is unlawful. Mary O. Stern et al. v. Detroit, Grand Haven & M. R'y Co., 3d Inst. Com., 613.

THROUGH RATES.

Through rates are the subject of agreement among carriers making up through lines, and one of the features of such rates usually is that each carrier receiving the freight pays the charges upon of the carrier delivering it. F. W. Clark, Gen'l Freight Agent Seaboard Air Line, 3d Inst. Com., 649.

DISCRIMINATION.

Where a carrier, by its published general tariffs, charges the general public from and to all points upon a large portion of its lines certain rates upon a class of freight, and at the same time publishes and puts into force a special tariff, by which it charges a class of persons less than half it charges the general public, is a violation of the act to regulate commerce. Charles Elvey v. Illinois Central Railroad Company, 3d Inst. Com., 652.

SHIPPERS MAY NAME ROUTE.

When a shipper of freight gives direction to the freight agent of the initial carrier at the point of shipment, the particular route by which the freight shall be shipped to destination, it is the duty of the agent to make such notations on the way bill as will reasonably and properly carry the freight by such particular route to destination. J. B. Pankey v. Richmond & Danville Railroad Company et al., 3d Inst. Com., 658.

APPENDIX A.

STATUTES RELATING TO RAILWAYS,

AND NOTES OF DECISIONS THEREUNDER.

PREPARED BY EMLIN MCCLAIN,

Chancellor of the Law Department of the State University, and Compiler of McClain's Annotated Code and McClain's Iowa Digest.

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