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[REFERENCES ARE TO SECTIONS.]

DISCRIMINATION BETWEEN PERSONS-Continued.

prohibition by federal statutes, 941-963.
prohibition by state statutes, 1131-1176.

2. What constitutes discrimination.

not all differences are discriminatory, 731.

differences in the conditions under which services are rendered,
943.

if similar circumstances is discrimination, 944.

reductions to get competitive business illegal, 742-745.
additional services performed for certain shippers, 748.
various devices for giving concessions, 786.

device for concealing preference unavailing, 945.

effect of illegality upon contract of carriage, 947.

3. Rebates to exclusive shippers.

whether lower rates may be made to exclusive shippers, 756.
shippers who use rival lines must not be charged more, 757.
whether lower rates may be given to those who ship exclusively,

758.

shippers who agree to give all their business, 759, 781.
concessions to those who deal with the carrier, 790.

regular shipper and transient shipper, 774.

3. Concessions to large shippers.

whether concessions may be made to large shippers, 749.

large shipper should receive no reduction, 749, 952.

shippers who agree to furnish large quantities of freight, 760.
reasonable differences permitted by some courts, 751.

reductions to large shippers unjust to small shippers, 753.

4. Reasonable differences in rates.

when commodities are of different character, 766.

dieffrence in time or place, 948.

difference in time or place, 948.

rates should not be disproportionate, 772.

whether differences in the conditions of service may be recognized,
735.

consideration of the cost of serving, 773.

differences in the character of the service recognized, 775.

when consideration is given for reduction, 789.

whether indefinite considerations can be a basis, 789.

5. Shipment in more convenient units.

shipment in packages, 773, 775.

in casks rather than in cases, 773.
less than car load quantities, 776.
shipment in car loads, 776.
shipment in bulk, 779.

[REFERENCES ARE TO SECTIONS.]

DISCRIMINATION BETWEEN PERSONS-Continued.

shipment in train loads, 780.

contracts for regular shipments, 781.

6. Facilities furnished by shippers.

allowance for facilities furnished by shippers, 781, 956.
terminal facilities furnished by shippers, 782.

transportation expenses paid by shipper, 783.

rental paid on shipper's cars, 784.

difference in rates unjustifiable unless both services are offered,
785.

differences may be made proportionate to the cost of service, 736.
7. Special classes.

emigrants given special rates, 765, 775.

whether concessions may be made for special purposes, 734.

concessions for special kinds of business, 762-768.

concessions to manufacturing establishments, 763.

whether reductions can be made for benevolent purposes, 733.
carriage for governments, 960.

ministers of religion, 961.

officers of railroads, 962.

DISPATCH COMPANIES,

dispatch companies are common carriers, 182.

despatch lines not forwarders, 97, 182.

live stock transportation companies, 808.
expenditures of dispatch lines, 423.

DIVIDENDS,

reasonable dividend on stock, 393, 411, 417.

dividends payable not classified as annual charges, 438.

rate of return upon investments prevailing in business generally, 389.
larger returns in riskier enterprises, 401.

usual business profit, 395.

current rate of return, 394.

creating a fund for payment of uniform dividends, 397, 400.

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EARNING CAPACITY,

the value of a railway held to depend upon what it can earn, 336, 352.
fallacy of this contention, 358.

probable earning capacity, 337, 352.

capacity of the company to earn profits, 362.

future earning capacity, 366.

capitalization of the earnings, 368.

EARTHENWARE,

rates on, 934.

EGGS,

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authority of employees to accept, 104.

carriage of goods by servant of carrier, 72.

carriage of passengers by servant of carrier, 73.

employees accepting passengers on freight trains, 76.
employees of carrier, whether passengers, 153.

employees cannot alter rates, 666.

guests of the servants of the carrier, 160.

engineer accepting passengers on locomotives, 77.

[REFERENCES ARE TO SECTIONS.]

EMPLOYEES-Continued.

invitation to children, 150.

how far employees of carrier are bound not to strike, 276.
riding free by connivance of the conductor, 159.

shipper furnishes servants to manage vehicle, 92.

labor cost in handling traffic, 418.

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EXCUSES FOR REFUSAL TO SERVE,

general principles governing excuses, 231.

1. Illegally involved in serving.

duty not to abet illegality, 232.

no right to exclude unless illegality involved, 233.
where refusal is made necessary by law, 234.

whether excused from serving by Sunday laws, 235.

not bound to transport and deliver intoxicating liquor for illegal
sale, 236.

excused from carrying passengers who intend to do illegal acts,

237.

may exclude gamblers, 237.

2. Protection of others served, 237.

may exclude those with contagious diseases, 238.

exclusion of violent persons, 238.

exclusive of offensive persons, 238.

intoxicated persons may be excluded, 239.
insult of passengers may be prevented, 239.

how intoxicated persons must be treated, 241.
exclusion of indecent and profane persons, 242.
exclusion of dangerous articles to the vehicle, 243.

3. Applicant under disability.

infirm persons, 239.

insane persons may be excluded, 240.

carrier's obligation to the insane man, 240.

how far blind persons may be excluded, 244.

how sick persons must be treated, 245.

4. Refusal upon personal grounds, 245.

"scab" workmen must be taken, 241.

company cannot capriciously discriminate, 246.

[REFERENCES ARE TO SECTIONS.]

EXCUSES FOR REFUSAL TO SERVE-Continued.

refusal to carry because of color or race, 247.

refusing distasteful people, 248.

people annoying to the passengers, 241.

conduct was vulgar and offensive, 249.

refusing on moral grounds, 249.

See CONDITIONS PRECEDENT, JUSTIFICATIONS, PRESS OF BUSINESS, WITH-
DRAWAL FROM SERVICE.

EXPENDITURES,

See CONSTRUCTION ACCOUNTS, OPERATING EXPENSES.

EXPORT AND IMPORT RATE,

export and import rates considered, 649.

limitations upon making export and import rates, 653.

import rates may be regulated by competition, 650.

export rates regulated by competition, 651.

foreign competition justifies only necessary difference, 652.

foreign carriage, 894.

See DISCRIMINATION, LONG AND SHORT HAUL, RATE, TRANSPORTATION,

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express companies are common carriers, 181.

express companies are subject to interstate commerce act, 891, 892,
901.

exclusive contracts between railroads and expresses, 802-805.

express car, 152.

express messengers, 152.

forwarding agents not carriers, 97.

may refuse fish, 125.

may refuse fragile articles, 131.

may refuse packed parcels, 300.

shipments made by rival must be taken, 297.

See COMMON CARRIERS, PUBLIC PROFESSION TO SERVE.

EXTENT OF DUTY TO PUBLIC,

EXTRA CHARGES,

See PROFESSION TO SERVE.

additional charges within interstate commerce acts, 891.
such charges must be included in rate schedules, 1011, 1014.
general principles as to additional charges, 693, 921.
freight should cover the entire carriage usually, 697.

incidental charges, 921.

whether extra charges should be made, 694.

switching privileges, 937.

shunting, 696.

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