[References are to sections] COST AS BASIS OF RATES-Continued costs do not determine rates, 409. cost of service for different systems, 413. cost of service for different parts of the same system, 414. COST OF REPRODUCTION, See CAPITALIZATION. CRIMINAL PROSECUTION, 1. Elements of the crime. what amounts to a rebate, 624. less than the schedule, 625. published rate as an absolute standard, 626. statute provides a complete system, 626. "discrimination" as used in the Elkins Act, 628. devices for concealing preference unavailing, 630. 2. Whether intent is necessary. what intent is necessary, 634. turpitude or moral wrong, 634. rebating must be willful, 634. certain unlawful devices considered, 631. under the Elkins Act, 631. fraudulent schemes or devices, 631. schemes to cover discrimination, 632. criminal proceedings for discrimination, 633. charge under the Elkins Act, 633. See DISCRIMINATION. DEFENSES-Continued [References are to sections]. running of the statute is not barred, 1110. if the complainant fails to appear, 1100. satisfaction of complaint, 1103. See PROCEDURE BEFORE THE COMMISSION. DISCRIMINATION, ILLEGAL, provisions of the Act, 670. barter of transportation forbidden, 649, 650. 1. Concessions to get business. the same rate for substantially similar services, 671. competitive conditions do not justify discriminations, 673. reductions to get competitive business illegal, 674. concessions to get shipments from outlying territory, 675. shippers making expensive preparations, 677. prevalent doctrine against reduction, 684. [References are to sections] DISCRIMINATION, ILLEGAL-Continued reasonable difference sometimes permitted, 683. 2. Concessions to large shippers. additional services performed for certain shippers, 678. services to large and small practically identical, 686. reductions to groups of passengers, 688. special kinds of passenger transportation, 689. 3. Rebates to exclusive shippers. lower rates formerly made to exclusive shippers, 690. shippers who agree to give all their business, 692. consideration of the cost of serving, 693. shippers requiring less service, 694. shippers who agree to furnish large quantities, 695. charging other shippers more than contract rates, 696. previous or subsequent haul, 698. other methods of holding business, 699. such rates formerly allowed, 701. classification based upon use, 704. personality of shipper, 705. restricting rates to certain purposes, 706. when commodities are of different character, 707. rates to certain classes of shippers, 708. what concessions constitute discrimination, 658. rule forbidding personal discrimination, 621. DISCRIMINATION, JUSTIFIABLE, provisions of the Act, 670. 1. Reasonable differences. provisions of the Act, 710. [References are to sections] DISCRIMINATION, JUSTIFIABLE-Continued differences in the character of the service, 720. advantages of carload traffic, 722. permission to mix carloads, 723. lower rates for shipments in bulk, 724. shipments in trainloads problematical, 725. 3. Facilities furnished by shippers. terminal facilities furnished by shippers, 730. transportation expenses paid by shipper, 735. allowance for cars or facilities furnished, 737. 4. Restriction to scheduled allowance. extent of statutory restrictions, 629, 738. both rates must be open to all, 739. lighterage allowance, 740. elevation charges, 741. transit privileges, 742. terminal allowances, 743. allowances for facilities, 744. where service of different character, 659. where no public service involved, 760. See CARLOAD & L. C. L. DISCRIMINATION, LOCALITIES, 1. Discrimination at common law and under statute. provisions of the Act, 750. scope of its principles, 751. locality had no right at common law, 752. statutory regulation of discrimination between localities, 753. lower rate as evidence of unreasonableness of higher, 754. weight to be given to such evidence, 755. higher rate not necessarily unreasonable, 756. reasonableness of rate per se immaterial under statute, 757. 2. General principles of statutory regulation. what discrimination is not unlawful, 758. interdependence of rates to various localities, 760. no vested right in preferential rates, 761. [References are to sections] DISCRIMINATION, LOCALITIES—Continued discrimination explained by local circumstances, 762. difference between through and local rates, 764. various systems of making distance rates, 766. burden upon the railroad to defend discriminatory rates, 767. 3. What constitutes undue prejudice. provisions against undue prejudice, 768. discrimination by means of rate adjustments, 770. conditions which are not dissimilar, 771. dissimilarity of condition is a question of fact, 772. equalization of value, 777. discrimination against the staple industry, 776. relative discrimination inconsistent with public duty, 778. long and short haul at common law, 780. statutory regulations of long and short haul, 781. The Fourth Section Amendment of 1910, 783. general principles governing the Fourth Section, 785. relief from this section, 787. commodity and market competition, 788. conditions justifying relief from the Fourth Section, 790. DISCRIMINATION, PERSONS, provisions of the Act, 610. 1. Successive theories as to discrimination. development of the rule, 611. nothing but reasonableness once required, 612. special concessions from established rates, 617. all discrimination forbidden by the better view, 619. 2. What constitutes statutory discrimination. policy of the Act, 623. |