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62

Courts—Continued.

Page
Stay of proceedings, when additional or different evidence of final

valne received --
Supreme Court-

Appeal from suspension or annulment of Commission's order-- 97
Expediting Act------

99-100
Unjust discrimination, action for damages in-----

31-32
Witnesses may be compelled to attend, and testify-

33
Credit, carrier may extend only under rules prescribed by Commission.-- 14-15
Criminal violations. See Penalty.
Criminating testimony--

29, 33, 91, 92, 93
Cummins Amendment as amended.

67
Customs duties, domestic freight subject to, when passing through foreign
country if no through rate published.-

23
Customs inspectors, free passes--
Damages ;
Accident reports not evidence in suits for.---

20%
Action for
Against Government-aided lines.

166
Caused by violation of Interstate Commerce Act.

29
Recovery, where brought

29
Award of, by Commission, authorized.

:51
Boiler inspection reports not evidence in suits for--

222
Bona fide holder of void security may recover.

72-73
Carrier issuing receipt or bill of lading, shall be liable form------- 67
Civil liability of carriers for, violation of Interstate Commerce Act.. 28
Claimant for, may either complain to Commission or bring suit in a
United States court----

28-29
Claims arising out of Federal control shall be paid out of revolving
fund

124, 136
Complaints filed with Commission by shippers against carriers for,
limitation of action.

51-52
Complaints praying reparation on account of unreasonable rates dur-

ing Federal control.---
Direct, absence of, to complainant not ground for dismissal of .com-

plaint-----
Diversion of traffic contrary to routing instructions---

42-43
Extension of limitation period for filing claims with Commission

where action at law in respect of same charges begun or such
charges collected by carriers--

52
False claims for, by shippers and other persons, penalty---- 30-31
Federal control, jurisdiction of Commission; payment of claims.-- 124, 136
Findings of fact of Commission prima facie evidence in civil suit_- 51
Joint plaintiffs may sue joint defendants in courts on awards by
Commission.

52-53
Misstatement of, or refusal to furnish rates in writing-

25-26
Orders of Commission awarding, courts to enforce_-

51
Overcharge claims
Complaints filed with Commission by shippers to recover, limi-
tation of action..

51-52
Extension of limitation period for filing with Commission where
previously presented to carriers within limited period.

52
Parties jointly and severally liable for, resulting from discrimination. 31-32

124

35

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Damages-Continued.

Pago
Payment of, shipper obtaining, by false means, penalty----

30-31
Pending claims for, not to abate at termination of Federal control.- 124
Proportionately excessive earnings alone not ground for recovery of.. 50
Recovery of, by carrier for
Improper diversion of traffic---

42-43
Use of terminal facilities ---

15-16
Report of Commission shall include finding of fact--

37
Rights of shippers to, not affected by general rule of rate making-- 50
Satisfaction of complaints by payment of, relieves carrier of liability
to extent complained of..

85
Service of process in joint suits for, where made_-

53
Suit against person receiving rebate---

90
Time for filing of claims for-

51-52, 68 69
Daylight Saving Act-----

176-177
Debits and credits arising from equipment rents and joint facility rents-- 44 45
Debts, funded and floating, annual reports of carriers to show-------- 63
Decision, equal division of court under Expediting Act-----

99-100
Decisions of Commission. See Findings of Commission.
Declared value. See Released rates.
Decrees, causes arising out of Federal control shall be paid out of revolv-
ing fund..

124
Deficits :
Ascertainment of carriers', under Federal control..

120-122
During guaranty period.----

130, 131
Partial payments of, authorized to be made where whole amount
can not be definitely ascertained.--

137
Reimbursement of, to carriers during Federal control.

120
Amounts due from carriers to President to be deducted.--- 84 85
Partial payments authorized to be made where whole amount
can not be definitely ascertained..

187
Delivery:

Cause of action as to shipment of property accrues upon, or tender
of

52
Conditions precedent to, under Bills of Lading Act----

153–154
Connecting carriers shall afford proper facilities for-

15
Consignee named in bill of lading or holder of order bill--

153-154
Contrary to routing instructions, liability of carrier.

42 43
Defense for failure to make, where title to goods claimed by
third person.

156
Facilities for, to be afforded by connecting carriers..

15
Liability of carrier, under order bill of lading-

153
Live stock at public stockyards included in transportation under
Interstate Commerce Act--

89
Military traffic to be expedited.---

25
Order bill of lading may be negotiated by ----

159
Order bill of lading when lost, destroyed, or stolen--

155
Order of court as to-----

158
Partial, under order bill of lading-

155
Payment of freight charges required before----

14-15
Rail carrier not liable for export shipments after, to vessel under
United States registry.

79

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Delivery-Continued.

Page
Refusal where some one other than consignee or person in possession
of bill of lading claims title-----

156
Regulation affecting, to be just and reasonable_
Services in connection with, included in term “ transportation
under Interstate Commerce Act----

2-3
Shipper to carrier for transportation, regulations affecting---

4
Unlawful, liability of carriers for.---

154
Wholly within one State, not subject to Interstate Commerce Act.. 2
Depositions :
Appearance and testimony of witnesses may be compelled----

34
Before whom taken ---

34
Commission may order testimony taken by ----

34
False use of, by shippers and other persons, penalty.

30-31
Fees of witnesses and magistrates.

34
Filing with Commission.

34
Notice of, contents-----

34
Oath or affirmation of witness required.-

34
Production of, in writing, required.--

34
Reasonable notice must be given opposite party for taking-

34
Subscription to, of witness required.---

34
Testimony of witnesses may be taken by-----

33-34
Witnesses in foreign countries ---

34
Depots, yards and grounds included in term “ railroad" under Interstate
Commerce Act.

2
Depreciation:

Agreement with carriers under Federal control to provide for---- 102–103
Allowances for, to be included in rental charges for equipment and
facilities.-

49-50
Charges to be included in operating expenses, Commission may pre-
scribe.

64
Classes and percentages of, chargeable under operating expenses,

Commission may modify
Cost of reproduction less, valuation report shall show---

58
Other than prescribed by Commission not chargeable to operating
expenses

64-65
Percentage to be charged each class of property----

64
Depression in the agricultural and livestock industries found to exist
(Hoch-Smith Resolution)

86-87
Derailments, carriers to report to Commission, investigation.

207
Destination defined, District Court Jurisdiction Act--
Destitute persons, free passes-

4, 74
Destruction of records :
Commission may permit.

66
Penalty for improper.-

66
Device:

Carrier obtaining or permitting transportation at less than regular
rates, penalty

30
Departure from published tariffs, penalty-

SS
Discrimination resulting from, unlawful.

14
Preventing continuous carriage by, unlawful---

28
Refund or remittance of portion of published rate prohibited.------- 24-25
Shipper obtaining transportation at less than regular rates by, penalty - 30-31

5238o-26-17

64

95

Director:
Bank or corporation, eligibility of, Clayton Antitrust Act.

142
Dividends from funds included in the capital account, unlawful.
Immunity from prosecution, when compelled to testify ---
Interlocking directorates unlawful unless authorized by Commission.
Liability to bona fide holder of void security---

72
Personal benefit to, in disposition of securities, unlawful.
Securities provisions, criminal liability for violation of_.

72-
Unlawful to be, in two or more corporations--

1
Water carriers not to be controlled by railroads through common

directorate
Director General. See Federal control.
Disadvantage, unreasonable or unlawful, forbidden---
Disclosing knowledge as to shipments, when unlawful, penalty--- 43-
Discrimination, unjust:

Against interstate or foreign commerce prohibited.
Between connecting lines forbidden----

1
Commission may prescribe rules and regulations to prevent, in pay-
ment of freight charges---

141
Defined, Interstate Commerce Act.

1
Furnishing cars prohibited..
Lake Erie & Ohio River Ship Canal not to make_-

16€
Maximum or minimum rates may be prescribed by the Commission,
where resulting from state rates---

36
Parties, jointly and severally liable for damages resulting from.-- 31-32
Penalty

29-30
Prices between different purchasers of commodities_

140
Prohibited.

14, 88
Removal, state against interstate or foreign commerce, by order of

Commission prescribing lawful rate, classification, regulation,
or practice---

36
Restraining of, by injunction -

90–91
Shipper inducing carrier into practice of, penalty-

31-32
Special rate, rebate, drawback, or other device---

14
Telegraph lines connecting with Government-aided lines forbidden-- 164
Dismissal of complaint, want of direct damage to complainant not ground- 35
Disputes between carriers and their employees and subordinate of-
ficials.--

--- 138, 180-197
Distribution of cars. See Car service.
Distribution of unrouted traffic between connecting carriers-

15
District Attorneys :
Duty to prosecute for recovery of forfeiture-

53
Duty under-

213

Ash-Pan Act
Boiler Inspection Act--

222
Elkins Act---

91
Hours of Service Act.

211
Interstate Commerce Act

Safety Appliance Acts
Prosecutions by, under direction of Attorney General..
District Court Jurisdiction Act

94
District Courts. See Courts.

33, 53
199. 201

33. 53

56

District of Columbia :

Page
Credit for freight charges may be given-----

15
Separate statement of value of carrier property within.-

60
Diversion of traffic:
Liability of carriers for, contrary to routing instructions-----

42-43
Loss and damage, liability of carriers for, applicable to property
reconsigned or diverted in transit.-

69
Where carrier unable to handle---

9
Dividends :
Amounts paid, annual reports of carriers to show---

63
Declaration of, by carriers under Federal control..

106
Officer or director not to participate in making or paying of, from
funds included in capital account----

73
Payments during Federal control, approval of President.-

106
Reserve fund may be used to pay----

47
Set-off claims between United States and carrier, fixed charges
protected

126
Divisions of Commission:
Authority of.---

56
Authorized

56
Chairman of
Decisions of, subject to rehearing----

57
Orders and decisions of, have same effect as if made by entire Com-
mission----

56
Powers of Commission not impaired by amendment authorizing

57
Secretary and seal of Commission shall be secretary and seal of_

57
Vacancies, how filled.---
Work or functions assigned to------

56
Divisions of rates :
Considerations in determining-

40
Effective February 29, 1920, continue until changed by carriers or
authority of law---

128
Equitable, reasonable, and nonprejudicial where joint rates_.

3
Express carriers, during guaranty period.--

133-131
Pooling of-----

17
Reasonable, as between carriers, Commission may prescribe----

38,40
Retroactive effect of Commission's order-

40
Divulging information by examiners of accounts, penalty--

66
Docks :

Commission may establish physical connections between, of water
carriers and rail lines---

26
Secretary of War, to investigate subject of --

138
Terms of construction and operation, physical connections water
carriers and rail lines, determined by Commission-----

26-27
Documentary evidence. See Evidence.
Documents :

Board of Arbitration may require the production of books, papers,
documents, etc., under Railway Labor Act----

192
Boards of referees under Federal Control Act may require produc-
tion---

105
Carriers', access to be given to Commission.--

65
Financial, Commission may permit destruction of..

66

56

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