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References are to sections.

"PICKETING" AND "SOLICITING”—

in interstate commerce, 85.

PIERS, REGULATION OF (see REGULATION OF COMMERCE).
PILOTS (see REGULATION OF COMMERCE).

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necessary averments for a cause of action in relation to schedules,
122.

no replication, 272.

in equity cases, 283.

complaint concerning classification against whom made, 272.
necessary averments in action for damages under section 2, 169.
petition to state what under section 7 Anti-Trust Act, 342.
petition to recover penalty must show what, 246.

POLICE POWER (see STATE LEGISLATION, REGULATION OF COMMERCE)-
State not deprived of by regulating power of Congress, 9, 40.
distinguished from regulation of commerce, 35.

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).
extends to reasonable inspection of articles brought from another
State, 9.

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 AND ADVANTAGE (see UNJUST DISCRIMINATION)—
form of immaterial, 187.

preference of locality excused by competition, 175, 176.

between domestic and foreign traffic in import and export rates not
undue, 178.

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-
similar, 187.

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-
erential, 187.

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—
discussed, 3, 56.

no application to interstate commerce, 3.

transportation from United States to Porto Rico not included, 3.
PRELIMINARY INVESTIGATION-

by Commission before filing suit for enforcement of its orders, un-
necessary, 287.

PREPAYMENT (see PAYMENT) —

requirement of one connecting carrier and not of another not un-
just discrimination, 212.

PRESIDENT OF THE UNITED STATES-
power to suspend free importation, 53.

PRESUMPTIONS ((see BURDEN OF PROOF) ——

long continuance of rate presumption of reasonableness, 133, 134.
voluntary reduction presumption of unreasonableness, 134.

PRIMA FACIE CASE-

reports of proceedings before Commission as, 48, 277, 289.
rulings of Commission on unreasonableness as, 132.

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,
193.

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.
failure of proof, effect of, 271.

hearings, 272.

failure of carrier to answer, Commission will proceed, 272.
no replication required, 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.
restraining order may issue without notice, 331.

proceedings by Commission to enjoin violations, 312.
effect on other action, 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.
for recovery of penalty, 245.

relief not given without, 273.

in case asking reparation proof necessary, 279.
PROPORTION-

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).
PUBLICATION UNDER SECTION 6 (see SCHEDULES, SIXTH SECTION)—
joint rates must be duly authorized before published, 129, 239.
effect of publication, 122, 234.

what is sufficient, 237.

contracts and tariffs filed may be considered before Commission
without introduction, 234.

published rate conclusively deemed legal, 235, 310.
enforcibility of unpublished rate, 235.

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.
terminal charges must be, 236.

storage charges must be, 236.

rules and rates of carriage of private cars, 236.
application to import and export rates, 112, 240.

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.
increase of rate, 238.

contract for rate lower than published rate not binding, 234.

PUBLIC CHARGE-

State legislation may exclude persons likely to become, 9.
PUBLIC OPINION-

influence of on construction of Federal Constitution, 63.
PUBLIC SESSIONS (see RULES OF PRACTICE, Rule 1, page 402).

PUNISHMENT-

for refusal to obey injunction or other process, 283.

QUARANTINE LAWS--

of State valid (see REGULATION OF COMMERCE, CONCURRENT JURIS-
DICTION), 34.

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.
Federal review of State regulation, 95.

in interstate commerce, 15.

term "railroad" in section 1 includes all bridges and ferries used
or operated in connection with any railroad, 115.

References are to sections.

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RAILROADS-continued.

but not when operated by the railroad company, 115.

State power of regulation cannot extend to interstate traffic, 41.
State power of regulation may fix a limit of charge, 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.
regulations may be made by railroad respecting reduced rate
ticket, 165.

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).
Railroad Commissions established in States, 41.

RAPID TRANSIT-

warrants higher charge, 136, 155.

RATES (see TICKETS, THROUGH RATES, CHARGES REASONABLE AND JUST,
CARLOAD RATES, CARGO RATES)-

quantity of freight as affecting rates, 148, 153.

wholesale rates in passenger and freight traffic distinguished, 154.
limitation by Federal authority of State power in regulating inter-
state rates, 97.

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.
practical difficulties in the enforcement of, 120.

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.
interests of both the public and owner of property to be considered,
125.

in absence of legislation court must decide, 119.

construction of, by the Federal courts, 125.
capitalization of railroad as basis of rates, 126.

reasonableness of, under section 1 distinguished from preferences
under section 3, 130.

comparison not a basis for determining reasonableness, 133, 138.
fixing of future rate a legislative, not administrative or judicial,
function, 49, 124.

Interstate Commerce Commission no power to fix rates, 47, 123.
effect of Commission's ruling on reasonableness of rates, 132.
question of reasonableness raised by defense in action at law, 96.
question of reasonableness raised by bill in equity, 96.
may be unreasonable because too low as well as too high, 125.
consideration of, in the courts, 138.

immaterial whether railroads combine or act separately, 138.
tax return of railroad officials to establish, 131.

interstate rates bear no comparison to State rates, 139.
reasonableness and proportion, 140, 183.

in comparison of rates, dissimilar circumstances and conditions are
to be considered, 138.

References are to sections.

RATES continued.

rates on lines of rival companies or different branches of same
company properly considered, 138.

increase of rates for purpose of securing traffic under agreement,
unreasonable, 138.

standard of reasonableness considered by the courts not the same
as between carrier and patron, 97.

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
of schedule, 234.

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,
138..

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.
commodity rate for intended settlers only, 208.

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-
cent of reasonablenes, 138.

illustrative rates on different commodities between different points,
142.

REBATES (see UNJUST DISCRIMINATION, PREFERENCE AND ADVANTAGE) —
given to secure business, unlawful, 151.

contracts for, made prior to taking effect of Act unenforcible there-
after, 169.

REGULATION OF COMMERCE—

exclusive jurisdiction of Congress-

distinction between power over interstate and foreign com-
merce and with Indian tribes, 2, 36.

all subjects national in nature or requiring one uniform sys-
tem, 20, 21.

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
that invalidates State laws, 36, 39, 45.

regulation in relation to labor, 78.

beginning of Federal regulation, 39.

commerce may be regulated by inaction of Congress, 21, 35, 36,
39.

unexercised Federal regulating power, 56.

unexercised Federal powers in matters of State legislation,
56, 57.

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-
tinguished, 36.

inaction of Congress means interstate commerce must be free,
35.

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