[REFERENCES ARE TO SECTIONS.]

RATES FOR TRANSPORTATION,

general principles governing reasonableness of rates, 311, 471, 501,
913, 932.

freight rates, instances, 934.

1. Fundamental limitations upon making rates.

[See generally Chapters XVI-XX, and XXVIII.]
company cannot make unreasonable rates, 504.
reasonable rates not necessarily profitable, 505.

cost of service as the basis of rate-making, 471, 507, 924.

each item should bear proportionate share of the burden, 311,
474.

length of haul as a factor affecting a particular rate, 176, 928.
volume of traffic as a factor affecting the particular rate, 478,
927.

value of the service as the basis of rate-making, 480, 925.

making rates compared with levying taxes, 483.

rates may be shown to be unreasonable in themselves, 484, 919.

equalization of advantage as a factor affecting the particular rate,
486.

competition as a factor affecting the particular rate, 488.

proportionate rates desirable, 489.

classification the method of establishing the rate, 490.

all factors enter into the determining of a particular rate, 491.

2. Basing rates upon cost of service.

cost of carriage as a factor affecting particular rate, 474, 507, 924.
law of decreasing costs, 513.

difficulties in dividing joint costs, 508.

rule of proportionality in sharing costs, 512.

special expenditures in moving goods, 511.

special service required, 920.

peculiar expense of the particular service, 456.

divisions built through a difficult territory, 458, 920.

divisions in sparsely populated territory, 459, 920.

local shipments, 460, 929.

3. Rates reasonable in themselves.

external standards of reasonableness, 515.

the carrier is entitled to reasonable compensation, 516.
customary rate presumably reasonable, 917.

current rates for other transportation, 517.

comparison with other rates, 919.

evidence inadmissible unless conditions are similar, 518.
comparison of rates between different localities, 519.
principle applicable to passenger fares, 522.

4. Rates distated by competition.

rates may be made to meet competition, 530

[REFERENCES ARE TO SECTIONS.]

RATES FOR TRANSPORTATION-Continued.

policy for permitting competitive rates, 531.

rates must not be reduced below a remunerative basis, 533.
standard rate among competing lines, 534.

absence of competition does not justify increase in rates, 536.
non-competitive rate must not be extortionate, 855.

competition justifies reduction of rate for longer haul, 853, 986.
5. Rates designed to equalize advantages.

equalization of commercial advantages, 843, 977.
carriers not obliged to equalize disadvantages, 487.

limited operation of the principle of equalization, 538.

justification for equalizing rates, 844.

relative rates adjusted from a commercial standpoint, 539.
business situation considered, 540.

discrimination against a staple industry.

rates should not equalize differences in value, 541.

6. Nature of a rate.

definition of a rate, 661.

a rate as an entirety, 661.

characteristics of the rate as a regulation, 662.

methods of charging in rate-making, 667.

a minimum rate is justifiable, 668.

See REASONABLENESS OF RATES, TRANSPORTATION, FARES FOR PASSENGERS,

FREIGHTS.

REASONABLENESS OF RATES,

general principles governing reasonableness of rates, 311.
1. Schedule of rates as a whole.

[See generally Chapters XI-XV and XXVIII.]
reasonableness of the schedule as a whole, 312.

elements considered in establishing general traffic, 913.

tests of the reasonableness of a schedule, 313.

bearing of tariff as a whole on reasonable rates, 914.

fair return upon the value of the property, 313.

elements are all taken into consideration, 314.

virtual confiscation if rates fixed below a remunerative basis, 315.
possibility of increase of business if rates are lowered, 324.

interests of the public to be considered, 316.

reasonableness or unreasonableness of rates, 318.

2. The particular rates considered separately.

[See generally Chapters XVI-XX and XXVIII.]
reasonableness of the separate rates, 319.

value of the service to the person served, 320.

relation of a particular rate to a whole schedule, 323.
inherent difficulties in accommodating all tests, 325.

See CAPITALIZATION, PERCENTAGE OF RETURNS, RATES, TRANSPORTATION.

[REFERENCES ARE TO SECTIONS.]

REMEDIES IN JUDICIAL COURTS.

provisions of federal statute, 1091-1092.
jurisdiction, 1093.

remedy in equity, 1094.

mandamus, 1095.

action for damages, 1096.

criminal prosecution, 1097.

procedure under Elkins Act, 1098.

enforcement of order of Commission, 1099.

cost of reproducing railway property, 333.

decline in cost of materials, 358.

the cost of constructing to-day, 359.

cost of reproduction does not give the value of the property, 368.

value something in excess of the cost of reproduction, 370.

See BONDS, CAPITALIZATION, COST OF CONSTRUCTION, EARNING CAPACITY,
STOCKS, VALUATION.

classification of, 763.

rates on, 934.

SCHEDULE OF RATES,

provisions of federal statute, 1011.

interpretation of classification sheet, 561.
what rates must be published, 1013-1014.

posting schedules, 1016-1017.

variation from schedule forbidden, 1018-1019.

classification sheet not varied by contract or representation, 666, 1029.
filing of schedules and agreements, 1021-1022.

[REFERENCES ARE TO SECTIONS.]

SCHEDULE OF RATES-Continued.

joint tariffs and schedules, 1023-1026.

form of schedules, 1027-1028.

classification of, 540.

rates on, 934.

SINKING FUND,

bonds should be refunded, not sunk, 434.

sinking fund to pay off bonded indebtedness, 434.

sinking fund for municipal bonds permissible, 435.

amortization of franchises may be provided against, 436.

SKINS,

classification of, 931.

rates on, 934.

SLEEPING CAR COMPANY,

sleeping car company is not a carrier of passengers strictly, 96.

sleeping car company subject to Interstate Commerce Act, 891, 892,

901.

applicants must be accepted when, 205.

railroads discriminating between sleeping car lines, 813.

theft from sleeping passengers, 80.

STAGE COACH,

[REFERENCES ARE TO SECTIONS.]

stage coach a common carrier, 186.

discrimination of stage coaches, 293.
coaches carrying goods, 186.

omnibus line, 180.

STATIONS,

terminal services, 700-754.

tender for carriage must be at the proper place, 221.
service ordinarily only at a regular depot, 221.
establishment of stations by legislation, 224.

the establishment of stations must be reasonable, 223.
stations at places where the public need requires them, 224.
requirement of stations by the courts; conservative view, 225.
progressive view of the question of stations, 226.

not obliged to serve at a point off his line, 222.

whether there may be carriers between certain stations only, 227.
regular freight stations, 218.

station side tracks, 218.

See SWITCHING, TERMINALS.

See PROCEDURE.

STAY OF PROCEEDINGS,

STEAMBOATS,

steamboats are common carriers, 181.

steamship transportation subject to Interstate Commerce Act, 891.

steamship lines owned by railroad, 452.

wharves for connecting steamboats, 820, 821.

STOCK,

classification of, 931.

rates on, 605, 934.

STOCK ISSUES,

amount and market value of stock considered, 337, 340, 347, 352.

fictitious stock which represents no value added to the property, 338,
346, 348, 361, 371.

STOCKYARDS,

duty of owners of stockyards to public, 24.

preferences held permissible, 946.

railroads making special arrangements with stockyards, 818.

stockyards companies as terminal railways, 701.

street railways are common carriers, 188.

street railways subject to Interstate Commerce Act, 901.

depreciation of street railway plants, 350.