church government), as workers in Christian Temperance or Y. M. C. A. work, and as brothers of religious orders, are included among those who receive reducedrate transportation. Sisters of charity devoting their entire time to religious work and who habitually wear a garb distinctive of their order are not excluded from the privilege of receiving reduced-rate transportation. A clergyman does not lose his ministerial standing by reason of the fact that he leaves the pastorate for some other field of religious activity.

Returned shipments.-Very often the carriers publish low rates on returned shipments or on second-hand or returned goods. The Commission instituted an inquiry into the legality of tariff rules providing for the application of reduced rates on such returned shipments. Under some of the tariffs these reduced rates applied during any time up to four years. It was held that returnedshipment rates in general should be disapproved, but that reduced rates for the return of freight which has been refused by the consignee at destination may properly be made. In the latter case, the return movement is practically a continuation of the going movement and may for that reason be accorded lower than standard rates. Goods in closed packages may lawfully enjoy return-shipment rates if tendered to the carrier within ten days following delivery. While this concession is a slight departure from legal theory, it is doubtless essential if the rule is to be thoroughly workable.2

The fact that freight has been shipped once and paid one way cannot be taken into consideration in fixing charges for a subsequent transaction. The principle underlying the ordinary transit privilege cannot be relied upon in support of the return-shipment rule. Transit arrangements, in their most common form at least, are

'Reduced Rates on Returned Shipments, 19 I. C. C. 409, 417.

susceptible of defense only upon the theory that the inbound movements are, in fact, parts of a single continuous transaction. While the freight is delayed at the transit point the shipment is merely suspended temporarily, the present intention of the shipper being to forward the goods to their ultimate destination. Once let it be conceded that the inbound and outbound movement are separate and distinct and the impropriety of applying any rates other than the regularly established locals would be self-evident. It is clear that there is no real connection between an outbound shipment today and a returned shipment one year hence. There is no room whatever for the argument that the shipment is suspended during the period intervening between the two transactions, for there is no present intent to accomplish the return movement. It is, therefore, impossible to relate the two services and urge the one as a reason for granting special terms to the other.

'Reduced Rates on Returned Shipments, 19 I. C. C. 409, 417.

SECTION 23

Jurisdiction of United States courts.-Section 23 provides that the district courts of the United States shall have jurisdiction upon the relation of any persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the Act as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ.1

SECTION 24

The Interstate Commerce Commission.-Section 24, which amends Section 11, enlarges the Interstate Commerce Commission to consist of seven members with terms of seven years, each to receive $10,000 compensation annually.

'For further provisions concerning the power of the United States courts, see the District Court Jurisdiction Act, at the end of this treatise.

It will be noted that there are other acts that in some way bear upon the Act to Regulate Commerce. As most of these are not of general interest to traffic men, they will be treated very briefly.

It should be remembered, however, that while some of these acts are not of great importance to traffic men in general, others bear upon particular phases of the handling of traffic, or upon important matters in connection with transportation. This is true particularly of such acts as the Safety Appliance Act and the Hours of Service Act.

1. DISTRICT COURT JURISDICTION ACT

This act abolishes what was known as the commerce court. The commerce court was created in 1910 to take care of appeals from the Interstate Commerce Commission. It was deemed advisable in 1913 to abolish this court and provide that appeals from or a review of the decision the Interstate Commerce Commission should go to the various United States district courts. The act contains certain limitations on the power of the district court by providing that no interlocutory' injunction restraining an order of the Commission shall be granted unless heard by three judges after five days' notice to the Commission. There are also other provisions concerning procedure, which are of interest chiefly to law

yers.

'Temporary.

2. COMPULSORY TESTIMONY ACT

This act provides that no person shall be excused from attending and testifying or from producing books, papers, tariffs, contracts, agreements, and documents, before the Interstate Commerce Commission, or in obedience to the subpoena of the Commission, whether such subpoena be signed or issued by one or more Commissioners, or in any cause or proceeding, criminal or otherwise, based upon or growing out of any alleged violation of the Interstate Commerce Act on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of him, may tend to criminate him or subject him to a penalty or forfeiture. But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he may testify, or produce evidence, documentary or otherwise, before said Commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding. A person, so testifying, however, is not exempt from prosecution and punishment for perjury committed in so testifying.

It further provides that any person who shall neglect or refuse to attend and testify, or to answer any lawful inquiry, or to produce books, papers, tariffs, contracts, agreements, and documents, if it is in his power to do so, in obedience to the subpoena or lawful requirement of the Commission, shall be guilty of an offense and upon conviction thereof by a court of competent jurisdiction, he shall be punished by fine not less than $100, or by imprisonment for not more than one year, or by both such fine and imprisonment.