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not only wrongful as between complainant and other more favored shippers, but amounts to undue and unreasonable preference by defendant of itself, and that order forbidding further violation of section three of the

statute should issue accordingly. A. L. Artz v. Seaboard Air Line Railway (11 I. C. C. Rep., 458.) 117. Defendants passenger fare from Fernandina, Fla., to Savannah, Ga., 124

miles, is $5, or about 4 cents per mile. A rate of 3 cents per mile is fixed by State authority for fares within the States of Florida and Georgia. Defendant's line between Savannah and Fernandina or Jacksonville is more expensive to maintain than other parts of its system. The freight traffic is light and the local passenger traffic insignificant. A reduction of this interstate passenger fare would not contribute to development of the section or increase materially the passenger business of the line. Reducing the fare to 3 cents per mile would render the earnings of this part of the system less than the average upon the whole system and less than the average of other roads in that part of the country. Held: 1. That ordinarily the through interstate passenger fare should not exceed the sum of local fares, but there is no specific requirement in the regulating statute to that effect, and the only question for determination is whether the fare complained of is unreasonable. 2. That upon all the circumstances of the case the fare in question can not be deemed excessive and the com

plaint must be dismissed. H. Doc. 195, 59–1—9

INDEX TO POINTS DECIDED BY THE COMMISSION DURING

THE YEAR.

[The numbers refer to the corresponding headnotes. For example: The number 6, found under the head of Cost of Carriage in this index, refers to the paragraph of that number in the foregoing statement of Points Decided by the Commission During the Year.]

AGREEMENTS.

(See Through Rates; Pooling of Freight; Preference or Advantage.)

105.

ANTITRUST LAW.

19, 28.

BURDEN OF PROOF.

(See Evidence; Practice.)

44.

CARLOAD RATES.

(See Reasonable Rates.)

108.

CARS.

(See Preference or Advantage; Reasonable Rates; Refrigerator Cars.)

33, 35, 43, 44, 45, 46, 47, 48, 49, 65, 66, 75, 76, 77.

CIRCUMSTANCES AND CONDITIONS.

(See Long and Short Haul Section; Relative Rates; Unjust Discrimination.)

WHAT CONSTITUTE DISSIMILAR.

103.

WHAT DO NOT CONSTITUTE DISSIMILAR.

72.

CLASSIFICATION.

(See Preference or Advantage.)

85, 106.

CLASS AND COMMODITY RATES.

(See Reasonable Rates.)

96.

COAL RATES.

(See Reasonable Rates; Preference or Advantage; Unjust Discrimination.)

11, 12, 47, 48, 49, 73, 103, 104, 105, 113, 114, 115, 116.

COMBINATION RATES.

(See Reasonable Rates.)

58, 64, 72, 73, 74, 117.

COMMERCIAL CONSIDERATIONS.

(See Long and Short Haul Section; Preference or Advantage.)

15, 30.

COMPETITION.

(See Long and Short Haul Section.)
6, 7, 8, 11, 19, 28, 50, 51, 52, 72, 74, 94, 99, 101, 104, 105, 110.

COMPLAINT.

(See Practice.)

27.

CONCESSION OF RELIEF.

5, 93, 95.

COST OF CARRIAGE.

(Operating Expenses; Reasonable Rates.) 6, 16, 21, 25, 27, 30, 32, 34, 35, 99, 105, 117.

COST OF PRODUCTION.

(See Circumstances and Conditions.)

6, 25, 35, 42.

COTTON RATES.

88, 89, 106, 107, 108.

DEMURRAGE.

86.

DIFFERENTIAL RATES.

7, 8, 9, 68, 91, 92, 108.

DISTANCE.

(See Long and Short Haul Section; Through Rates; Reasonable Rates; Preference or

Advantage.)
50, 52, 68.

DIVISION OF THROUGH RATES.

22, 23, 53, 54, 55.

ELKINS LAW.

12.

EVIDENCE.

(See Practice; Burden of Proof.)

45, 67.

EXPORT RATES.

(See Tariffs; Unjust Discrimination.)

68.

FACILITIES OF TRAFFIC.

(See Through Rates; Preference or Advantage; Unjust Discrimination.) 3, 33, 35, 43, 44, 45, 46, 47, 48, 49, 65, 66, 75, 76, 77, 113, 114, 115, 116.

FIFTH SECTION, CONSTRUCTION OF.

(See Pooling of Freight.)
FIRST SECTION, CONSTRUCTION OF.

(See Jurisdiction; Reasonable Rates.)

FOURTH SECTION, CONSTRUCTION OF.

(See Long and Short Haul Section.)

GRAIN RATES.

51, 52, 56, 57, 58, 66, 68, 69, 70, 71, 91, 92, 93.

GROUP RATES.

(See Reasonable Rates.)

27.

HAY RATES.

62, 69, 70, 71.

HOGS AND HOG PRODUCTS.

6.

IMPORT RATES.

68.

JURISDICTION.

113, 114.

LEASE.

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