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COMPARATIVE RATES—Continued.

No basis shown for lower rates on walnut dimension lumber, pieces, than on

walnut lumber. Id. (185). Comparisons of carload rates, domestic and export, on other commodities with

rates on cottonseed meal and cake. Imperial Valley Cotton Co. v. S. P. Co.,

215 (217, 218). Except in the northwest, where comparatively little coarse grain is raised, coai se

grains usually take lower rates than wheat. 1915 Western Rate Advance Case,

497 (567). Particular instances mentioned where rates on grain products vary from grain

rates and from each other. Id. (567-568). A rate that applies to one commodity only is hardly comparable with a rate under

which two different commodities move. Id. (573). Table comparing earnings on live stock and various other commodities, 1914.

(Six lines.) Id. (587). No uniform relation between packing-house product rates and rates on fresh meat.

Id. (596). Rates on hides when applied as proportionals to the southeast should not exceed

proportional rates on packing-house products. Id. (598). Rates on hides higher than on packing-house products not justified. Id. (602). Coke loads lighter than coal, and there is no transportation reason why rates

thereon should be lower than on coal. Id. (610). Rates on domestic brewers' rice compared with rates on malt, corn, grits, and

other commodities. Id. (612–613). Few articles are comparable to broom corn from a transportation viewpoint.

Id. (617). COMPETITION. See also MEASURE OP RATES. IN GENERAL: The competition of markets, of producers, and of rival carriers, especially by

water, has resulted in a freight-rate system which can not be assumed to be so adjusted that rates effective result in earnings proportioned nicely to respective

costs involved. 1915 Western Rate Advance Case, 497 (562). COMMERCIAL: Has been pressed too far in territory involved and differences in distances have

been too much ignored. Former decision adhered to. Cape Girardeau Port

land Cement Co. v. St. L. & S. F. R. R. Co., 109 (115). Appears to be more responsible for 7-cent rate from St. Louis and Louisville to

Paducah. Id. (122). Controlling influence upon rates from Cape Girardeau, Mitchell, La Salle, St.

Louis, and Hannibal, water competition being immaterial. Id. (125). CROSS-COUNTRY: At intermediate points on the Kentucky Central and Cincinnati Southern between

Louisville, Cincinnati and Lexington. Lebanon Commercial Club v. L. &

N. R. R. Co., 204 (209). MARKET: The chief competition of mills at Lawrenceburg, Ind., comes from St. Louis mills.

Rates on Grain Milled in Transit, 27 (31). Commón logs can not be utilized in making pencil slats and do not compete with

cedar for that purpose. Nebraska Bridge Supply & Lumber Co. v. N., C. &

St. L. Ry., 86 (88). Low-grade cedar logs do not compete with other varieties of logs and lumber.

Nebraska Bridge Supply & Lumber Co. v. A. G. S. R. R. Co., 90 (93). Cottonseed cake, meal, and hulls are competitive with corn for live-stock feeding

purposes. Oklahoma Cottonseed Crushers Asso. v. M., K. & T. Ry. Co., 94 (102).

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COMPETITION_Continued.
MARKET—Continued.
Rates on building material to eastern cities said to be affected by competition

from west; on lumber to Ohio River crossings controlled by competition from
southwest which does not affect building material. Yellow Pine Sash, Door &

Blind Mfrs. Asso. v. S. Ry. Co. 150 (154). Competition of local mills and location of Chattanooga with reference to principal

lumber markets exert a potent influence. Chattanooga Log Rates, 163 (170). Merchants at Springfield are in competition with merchants of Lebanon. Leba

non Commercial Club v. L. & N. R. R. Co., 204 (214). El Centro and Calexico, Cal., meet competition at El Paso and Galveston, Tex.,

from mills in Texas and other States. Imperial Valley Cotton Co. v. S. P. Co.,

215 (217). Percentage contracts enabled carriers to obtain control of coal production of

independent operators and prevent it from being sold in markets in competition with output from their own mines. Rates for Transportation of Anthracite

Coal, 220 (231). Concentrators in two groups of States indicated compete in common markets,

and especially in eastern markets. Regulations as to Storage of Dairy Products,

469 (472). The Nashville market could compete only on an equality of rates with the Ohio

River markets. Duncan & Co. v. N., C. & St. L. Ry., 477 (482). As a justification for higher rates on packing-house products, etc. Increase justi

fied only as between certain points on Missouri River. 1915 Western Rate

Advance Case, 497 (590, 601). Clean rice comes into competition with hominy and breakfast foods. Id. (616). The banana rate from Galveston to St. Louis has been fixed largely with reference

to competition of other ports. Id. (624). RAIL AND BOAT LINES: Petitioning rail carriers may compete for traffic with water lines in which they

have an interest operating between Baltimore and the eastern shore. Steamer

Lines on Chesapeake Bay, 692 (695). There is keen competition for traffic with gasoline motor boats and other small

boats between Baltimore and points on the Chester River. Id (700). RAILROAD: Competition as a justification in carrying a relatively low rate from Memphis to

Kansas City does not exist with reference to other points in Arkansas group.

Oklahoma Cottonseed Crushers Asso. v. M., K. & T. Ry. Co., 94 (104). The same carrier competition exists from St. Louis, Cairo, and Memphis to

southern and southwestern Arkansas and northern Louisiana as exists to central and northern Arkansas. Cape Girardeau Portland Cement Co. v. St. L. &

S. F. R. R. Co., 109 (114). Present practice of readjusting aggregate through charges on shipments concen

trated in transit was forced upon many carriers under stress of competition.

Regulations as to Storage of Dairy Products, 469 (471). WATER: Water competition is said to have affected rates to Little Rock and other points

accessible by water. Cape Girardeau Portland Cement Co. v. St. L. & S. F.

R. R. Co., 109 (111, 112). Water competition compels the 9-cent rate from St. Louis to Memphis. Id. (118). Where water competition, actual or potential, depresses and equalizes rates

from St. Louis and Louisville, equal rates from both points may be proper.

Id. (122). Rates on lumber to eastern cities said to be affected by. Yellow Pine Sash,

Door & Blind Mfrs. Asso. v. S. Ry. Co., 150 (154).

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COMPETITION—Continued.
WATER-Continued.
Present rates said to have been established to meet competition of barge lines.

Lumber Rates from Wilson, Ark., to Cincinnati, Ohio, 179 (180).
Carriers can not assert the right to continue rates to river points or junction points

which are lower than competition requires while continuing higher rates to

intermediate points. Coal and Coke Rates in the Southeast, 187 (188).
Rates on coal from Alabama, Illinois, and Kentucky to New Orleans were estab-

lished to meet actual forceful water competition then and still existing. Coal

and Coke Rates in the Southeast, 187 (191).
Competition via barges to Mobile not serious so far as coal for New Orleans is con-

cerned, but is a strong factor in controlling rate to Mobile. Id. (194).
It can not be said that rail lines have not heretofore met the competition of

water carriers at Baton Rouge, La. Id. (201).
While competition of boats on Cumberland River may have been influential in

fixing relationship between Nashville and Ohio River crossings on grain to the
southeast, it is not found to have fixed the measure of rates from any of these

points. Duncan & Co. v. N., C. & St. L. Ry., 477 (481).
Establishment or maintenance of the reshipping or rebilling privilege at Nash-

ville not found to have been compelled by competition of boats on Cumberland

River. Id. (483).
COMPETITIVE CONDITIONS.

Adjustment of rates in central Kentucky is the result of competitive conditions

which carriers now operating in that territory have inherited or have been

unable to control. Lebanon Commercial Club v. L. & N. R. R. Co. 204 (213).
COMPLAINT. See FORMAL COMPLAINT,
CONCENTRATION.

Principal assembly or concentration points. Appendix. Rates for Transporta-

tion of Anthracite Coal, 220 (297).
Cancellation of rules providing for readjustment of aggregate charges on ship-

ments concentrated in transit in western territory justified. Regulations as

to Storage of Dairy Products, 469.
CONCESSION. See also LEASE; REBATES.

Application of same fare over longer and more indirect route is a rate concession

to the traveler in favor of that route. The Ogden Gateway Case, 131 (139).
CONFISCATORY RATES.

The maintenance of excessive freight rates confiscates the property of the indi-

vidual operator. Rates for Transportation of Anthracite Coal, 220 (247, 248).
CONGRESS.

Regulatory power of, extends to transportation of foreign commerce within United

States, but jurisdiction of Commission does not. Seymour v. M. L. & T.R. R.

& S. S. Co., 492 (493).
The duty of determining the justice and reasonableness of rates devolved by

law upon the Commission prior to the authorization by Congress of the work of

valuation. 1915 Western Rate Advance Case, 497 (504).
CONSIGNOR AND CONSIGNEE. See REFUND.
CONSTITUTION. See PENNSYLVANIA CONSTITUTION.
CONSTRUCTION. See also PROJECTED Lines.

Unnecessary railway construction and projected railway lines by individual

operators in their efforts to overcome oppressive rates and selling conditions

imposed. Rates for Transportation of Anthracite Coal, 220 (234, 272).
CONSTRUCTION OF STATUTE. See ELKINS ACT.
CONSUMPTION.

New Orleans market consumes on land more than 1,000,000 tons, and supplies to

ships in the harbor some 850,000 tons each year. Coal and Coke Rates in the

Southeast, 187 (188, 189).
Of coal at Memphis aggregates over 1,000,000 tons annually. Id. (195).

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CONTRACTS. See also PERCENTAGE CONTRACTS."

Question of alleged damages resulting from nonfulfillment of a contract for track

extension, whether informal or formal, would be one for determination by the

courts. Picher Lead Co. v. St. L. & S. F. R. R. Co., 45 (46).
Carrier held justified in making refund to consignee named in bill of lading where

uninformed of contract relations between consignor and consignee; but Com-
mission can not adjudicate rights under contract of sale. Ludowici-Celadon

Co. v. F. E. C. Ry. Co., 81 (82).
Contracts under which coal company is absolutely dominated by carrier. Rates

for Transportation of Anthracite Coal, 220 (251).
Contracts between Lehigh Valley Coal Co. and coal sales company. Id. (252).
Contracts by which carrier can be used to extend favors to large shippers. Id.

(253).
CONTRACT RATES.

Can not prevail against legal, published, and filed rates. 209 U. S., 56, 81.

Rates for Transportation of Anthracite Coal, 220 (243).
Special contract rates have been granted on packing-house products, so low that

other carriers in certain instances have preferred to abandon the traffic rather

than meet such rates. 1915 Western Rate Advance Case, 497 (593).
CORRESPONDENCE.

Relative to the establishment of fixed or flat rates on anthracite coal to tidewater.

Rates for Transportation of Anthracite Coal, 220 (228–229).
Letter by president of the N. Y., O. & W. Ry. to President Baer of the Reading

concerning division of market price between producer and transporter. Id.

(232).
Letters of Coal Freight Agent Grier to Second Vice President Jarvis, of the Lehigh

Valley R. R., relative to reduction of coal rates by the Delaware & Hudson Co.

Id. (246–247).
COST OF CONSTRUCTION. See PROPERTY Costs.
COST OF MAINTENANCE. See MAINTENANCE EXPENSES.
COST OF ROAD AND EQUIPMENT. See also INVESTMENT; TABLES.

Table 12, showing net cost of road and equipment and operating income: 1901–

1914. 1915 Western Rate Advance Case, 497 (523).
TABLE 23.—Cost of road and equipment and number of equated traffic units.

(Witness Wettling.) Id. (537).
Chart E.-Equated traffic units and net cost of road and equipment, total and

per mile for Wettling's 41 roads. Id. (538).
TABLE 24.—Cost of road and equipment, equated traffic units, and operating

income, C. & N. W. Ry., C., B. & Q. R. R., and M., K. & T. lines, 1901-1914.

Id. (539).
Cost of road and equipment per mile owned, C. & N. W. Ry., C., B. & Q. R. R.,

and M., K. & T. lines. Id. (541).
COST OF SERVICE. See also TRAIN MOVEMENT.

Comparison of, for car-float and lighter service raises presumption that an allow-

ance for one and not the other, freight rates being equal, would constitute
unjust discrimination as between the two classes of service. Lighterage and

Storage Regulations at New York, 47 (62–63).
Operating costs in transporting anthracite coal lower than for most other com-

modities. Rates for Transportation of Anthracite Coal, 220 (261).
Extraordinary expense attributable to transportation of certain commodities must

be considered from standpoint of cost of service and not by adjustments of

average revenue. Id. (262).
Cost of transporting anthracite coal. Cost is generally an important element in

arriving at a judgment with respect to a rate. Id. (263).

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Id.

COST OF SERVICE—Continued.

Commission has frequently held that cost per ton-mile properly decreases as

length of haul increases. Id. (264).
Is but one of several factors to be corsidered. Id. (265).
The large tonnage of anthracite coal loaded in each car tends toward lower trans-

portation costs. Appendix. Id. (347).
Cost of transporting anthracite coal from mines to tidewater, discussed, and

exhibits compiled by Commission's examiners. Appendix. Id. (348).
Tables showing allocated, unallocated, and total costs of transporting anthracite

over lines of Central R. R. Co. of New Jersey, cost of concentration of coal and
distribution of empties, cost of handling at various yards and terminals, cost
of transporting company freight, etc., during November, 1912. Appendix.

(352-362).
Statement showing method of arriving at allocated cost of line haul in trans-

porting anthracite coal from the Wyoming and Lehigh regions to tide (loaded

and empty movement). Appendix. Id. (363).
Cost of switching cars to and from plant of the Alexandria Paper Company con-

sidered in determining reasonable charge. Switching Charges at Alexandria,

Ind., 494 (495).
Carriers in meeting increased costs with increased prices for service are subject

to certain disabilities not similarly encountered by many other industries.

1915 Western Rate Advance Case, 497 (540).
The problem of estimating the cost of transporting specific commodities is at best

in a development stage. Id. (561).
Rate making in the past has not been prosecuted parallel with comparative cost

studies. Id. (561).
It would not appear that the total of special costs incident to the movement of

grain and its products is excessively burdensome. Id. (569).
Cost of transporting products is higher than cost of transporting the grain. Id.

(575).
Increased labor cost of cleaning stock cars and increased cost of train crews con-

sidered. Live Stock Rates from Colorado Points to Omaha, 682 (687).
CREDIT. See also REBATES.

Credit for transportation charges granted to Scranton Coal Co. Appendix. Rates

for Transportation of Anthracite Coal, 220 (326).
Railroad credit as evidenced by interest on their loans has not been relatively

more impaired than credit generally, public or corporate. 1915 Western Rate

Advance Cage, 497 (532).
With growing percentage of property mortgaged, carriers must eventually confront

an increasing difficulty in borrowing with a smaller margin of security. Id.

(534).
Of C. & N. W. Ry., C., B. & Q. R. R., and M., K. & T. lines as a whole has not

suffered an impairment not common to comparable industrial enterprises.

Id. (540).
The relatively equal depression of carriers' credit with credit generally is not
evidence of adequacy or inadequacy of their present net revenues.

Id. (540).
CUSTOM.

Must largely determine the reasonableness of the service at New York; but this

would not apply to a custom that can be shown to be unlawful or outside the

carrier's duty. Lighterage and Storage Regulations at New York, 47 (53).
DAMAGES.

No proof that complainants were damaged by discriminatory rates on glass and

glassware from Morgantown, W. Va. Athens Glass Co. v. B. & O. R. R. Co.,

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