References are to sections. "PICKETING" AND "SOLICITING”— in interstate commerce, 85. PIERS, REGULATION OF (see REGULATION OF COMMERCE). necessary averments for a cause of action in relation to schedules, no replication, 272. in equity cases, 283. complaint concerning classification against whom made, 272. POLICE POWER (see STATE LEGISLATION, REGULATION OF COMMERCE)- in relation to sale of United States patents, 31. Federal Government as such has none, 4. in relation to inspection of live stock (see INSPECTION LAWS). POOLING (see FIFTH SECTION) — forbidden, 68. cannot be lawfully employed as preventive of rebates, 228. reservation to initial carrier of power to route shipment beyond its own line unlawful, 228. meaning of term "pool," 227. express companies may pool earnings, 230. as defense in injunction, 231. agreements not within the prohibition, 229. meaning of term "freights," 228. "physical" pooling, 227. "money" pooling, 227. POST OFFICES AND POST ROADS- power to establish, 4. POWERS OF GOVERNMENT (see FUNCTIONS OF GOVERNMENT). preference of locality excused by competition, 175, 176. between domestic and foreign traffic in import and export rates not where preference rate exceeds competitive rate, 177. cannot be alleged by town which railroad does not reach, 184. shown by "demurrage," 187. failure to publish rate through to particular town is, 187. failure to allow equal "accessorial service" is, 187. in differential between carload and less than carload, 187. not unjust preference where circumstances and conditions dis- against traffic must involve injury, 201. delay in furnishing cars, 189 (see CAR SERVICE). guarantee to party rate purchaser, arrival at certain time not pref- References are to sections. PREFERANCE AND ADVANTAGE-continued. in denying shipper choice of route, 197. in arbitrary division of territory, 198. in classification, 208. PREFERENCE CLAUSE, IN CONSTITUTION— no application to interstate commerce, 3. transportation from United States to Porto Rico not included, 3. by Commission before filing suit for enforcement of its orders, un- PREPAYMENT (see PAYMENT) — requirement of one connecting carrier and not of another not un- PRESIDENT OF THE UNITED STATES- PRESUMPTIONS ((see BURDEN OF PROOF) —— long continuance of rate presumption of reasonableness, 133, 134. PRIMA FACIE CASE- reports of proceedings before Commission as, 48, 277, 289. PRINTING OF PLEADINGS (see RULES OF PRACTICE, rule 16, page 409). PRIVATE CARS (see CAR SERVICE). PRIVITY OF CONTRACT- none between car owner and shipper where carrier pays mileage, PORTO RICO- not a foreign country, 3. PROCEDURE (see PLEADINGS AND PROOF) — before Commission simple, 271, 272. dilatory proceedings not favored, 271. who may complain, 271. where suit to be filed, 283, 286. leave of court unnecessary in suits against receivers, 271. hearings, 272. failure of carrier to answer, Commission will proceed, 272. hearings orally or on brief, 272. complaints, how and by whom made, 272. how served upon carriers, 270. immaterial that trade organization is unincorporated, 271. in federal review of State regulation of carriers, 96. suit by United States under Anti-Trust Act, 331. proceedings by Commission to enjoin violations, 312. PROOF (see EVIDENCE) — plaintiff must show injury, 245. reasonable time allowed for making, 272. measure of, under Anti-Trust Act, 340. newspaper reports, etc., to show conspiracy, 82. References are to sections. PROOF-continued. plaintiff must show rate unreasonable, 122. in case of unpublished rate, 245. failure of proof, Commission may take charge, 271. relief not given without, 273. in case asking reparation proof necessary, 279. as affecting reasonableness of rates, 140. "PROPORTIONAL TARIFFS”— meaning of term, 195. State Commission no control over, when, 195. PROPOSED FINDINGS (see RULES OF PRACTICE, Rule 14, page 408). what is sufficient, 237. contracts and tariffs filed may be considered before Commission published rate conclusively deemed legal, 235, 310. good defense to action for damages, 121. of joint traffic and through rates, 238. of State rates in connection with interstate, 238. excursion rates must be, 238. schedules need not be duplicated by each company, 237. posting notice that all rates are on file in office not sufficient, 237. storage charges must be, 236. rules and rates of carriage of private cars, 236. of charges for refrigeration in transit, 118. failure to publish when undue preference, 187, 255. failure to publish or observe, a misdemeanor, 310. reduction of rates without filing schedule unlawful, 238. contract for rate lower than published rate not binding, 234. PUBLIC CHARGE- State legislation may exclude persons likely to become, 9. influence of on construction of Federal Constitution, 63. PUNISHMENT- for refusal to obey injunction or other process, 283. QUARANTINE LAWS-- of State valid (see REGULATION OF COMMERCE, CONCURRENT JURIS- RAILROADS- carriers for hire, 41. subject to legislative control unless exempt by charter, 41. duty to carry, 41. State rules and regulations respecting, 35, 41, 93. owned by corporations of two States, a corporation of each, 91. in interstate commerce, 15. term "railroad" in section 1 includes all bridges and ferries used References are to sections. RAILROADS-continued. but not when operated by the railroad company, 115. State power of regulation cannot extend to interstate traffic, 41. cannot require exclusive business of shipper, 196. wholly in one State when not subject to the Act, 105. when subject to the Act, 105. State regulation under State Commissions, 91. power of regulation independent of incorporation, 92. regulations may be made by railroads for delivery of freight, 196. governmental regulation of, in England, 42. when not subject to section 20, 301. Government Aided (see ACT JULY 1, 1862). reports of accidents (see ACCIDENT LAW, sec. 1). RAPID TRANSIT- warrants higher charge, 136, 155. RATES (see TICKETS, THROUGH RATES, CHARGES REASONABLE AND JUST, quantity of freight as affecting rates, 148, 153. wholesale rates in passenger and freight traffic distinguished, 154. what is reasonable in the limitation of State authority, 98. character of freight as affecting rate, 131 136. cost of service and needs of shipper as affecting rates, 135. rapid transit as affecting rates, 136, 155. cost of handling as affecting rates, 136. distance as affecting rates, 137. reasonableness of rates question one of fact, 49, 120, 175. no definite standard of, in railroad rates, 99. finding of Commission does not extend to ultimate question of, 49. standard of, under State statutes, 120. standard of, under the Act, 121. what considered in determining, 98. presumption of reasonableness from long continuance, 133, 134. in absence of legislation court must decide, 119. construction of, by the Federal courts, 125. reasonableness of, under section 1 distinguished from preferences comparison not a basis for determining reasonableness, 133, 138. Interstate Commerce Commission no power to fix rates, 47, 123. immaterial whether railroads combine or act separately, 138. interstate rates bear no comparison to State rates, 139. in comparison of rates, dissimilar circumstances and conditions are References are to sections. RATES continued. rates on lines of rival companies or different branches of same increase of rates for purpose of securing traffic under agreement, standard of reasonableness considered by the courts not the same presumption of reasonableness of State imposed rates, 97. rate per ton per mile rule, 128. reduction of rates without consent of connecting carrier or filing three days' notice required, 233, 238. presumption of unreasonableness, 134. over continuous line where no rate established, 238. rates may be reasonable in one part of country and not in another, no connection between rates in opposite directions, 138. filed or participated in, deemed legal (see ELKINS ACT). transfer from rate to another does not determine future rate, 209. rates cannot be apportioned according to milage, 109. share of through rate not measure of reasonable rate, 138. apportionment of through rates to different parts of line as signifi- illustrative rates on different commodities between different points, REBATES (see UNJUST DISCRIMINATION, PREFERENCE AND ADVANTAGE) — contracts for, made prior to taking effect of Act unenforcible there- REGULATION OF COMMERCE— exclusive jurisdiction of Congress- distinction between power over interstate and foreign com- all subjects national in nature or requiring one uniform sys- all interstate shipments, 6. all interstate bridges, 6, 22. release of the Federal regulating power, 52. regulation by the delegation of power, 53. the developing construction of the Federal power, 63. not the exercise, but the existence of the power in Congress regulation in relation to labor, 78. beginning of Federal regulation, 39. commerce may be regulated by inaction of Congress, 21, 35, 36, unexercised Federal regulating power, 56. unexercised Federal powers in matters of State legislation, question for Supreme Court to determine whether State laws abrogated by Act of Congress, 56. regulation by taxing power, 58. prohibition and regulation, 57. regulation of navigation over inland waters, 22. Federal and State courts, jurisdiction of, 44. inaction of Congress in foreign and interstate commerce dis- inaction of Congress means interstate commerce must be free, |