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 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).

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 considered. 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.
Id. (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 Case, 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.,

DAMAGES-Continued.

Findings definitely set forth in original report herein, 19 I. C. C., 333, and decision
awarding reparation on certain shipments of yellow-pine lumber, affirmed.
Louisiana Central Lumber Co. v. C., B. & Q. R. R. Co., 38.
Freight charges paid in first instance by consignee, but charged back to com-
plainants by deduction from invoices. Reparation awarded. Id. (39).
Question of alleged damages resulting from nonfulfillment of a contract is one for
determination by the courts. Picher Lead Co. v. St. L. & S. F. R. R. Co.,
45 (46).
Order awarding reparation due on account of damages resulting from through
charges higher than aggregate of intermediates will be entered upon receipt of
verified statement. McCaull-Dinsmore Co. v. M. P. Ry. Co., 69 (71).
Rates found unreasonable, but reparation is denied for want of proof following the
Griffing case, 32 I. C. C., 283. Ice Rates to Long Branch, 73 (76).

Awarded on account of unreasonable rates. Nitro Powder Co. v. West Shore
R. R. Co., 77 (79); Imperial Valley Cotton Co. v. S. P. Co., 215 (219); Sloss-
Sheffield Steel & Iron Co. v. L. & N. R. R. Co., 460 (463).

Denied on low-grade cedar logs moving under unreasonable rates. Nebraska
Bridge Supply & Lumber Co. v. N., C. & St. L. Ry., 86 (89).

Awarded on low-grade cedar logs moving at joint rates in excess of aggregate of
intermediate rates. Nebraska Bridge Supply & Lumber Co. v. A. G. S. R. R.
Co., 90 (93).

Lumber rates which violate the aggregate of intermediates rule will not be passed
upon here, and no basis is shown for awarding reparation. Yellow Pine Sash,
Door & Blind Mfrs. Asso. v. S. Ry. Co., 150 (156).

Reparation awarded on corn moving at combination rates from Iowa and Nebraska,
via Minneapolis, to California instead of the joint through rate, except cars as
to which the requirement of surrender of inbound expense bills of initial lines
was not complied with. Van Dusen Harrington Co. v. C., M. & St. P. Ry. Co.,
172 (174).

Denied because only a revision of classification is involved and there is no proof
of damage. National Asso. of Tanners v. L. V. R. R. Co., 175 (178).
Reparation was not awarded in case 4678, 25 I. C. C., 277, and under the circum-
stances will not be awarded herein. Lebanon Commercial Club v, L. & N.
R. R. Co., 204 (214).

DEALER.

A carrier which is also a dealer and is in possession of a public franchise has
opportunity to use its great power as a common carrier to discriminate against
certain shippers with whom it is a competitor. Rates for Transportation of
Anthracite Coal, 220 (254).

DELIVERY. See TERMINAL DELIVERY.

DEMURRAGE.

It does not clearly appear that the accrual of 615 days' debits in excess of credits,
under an average demurrage agreement, resulted from defendant's failure to
make track extension, and demurrage charges held properly assessed. Picher
Lead Co. v. St. L. & S. F. R. R. Co., 45.

DENSITY OF TRAFFIC. See also TONNAGE.

Present relatively heavy density of traffic on the Kansas City Southern has had
no influence on general level of rates from Oklahoma to Kansas City. Oklahoma
Cottonseed Crushers Asso. v. M., K. & T. Ry. Co., 94 (106).

Relative density of all traffic hauled by representative eastern and western roads
for year ended June 30, 1914. 1915 Western Rate Advance Case, 497 (607).

DEPARTMENT OF AGRICULTURE.

Statistics with respect to live stock taken from reports of. 1915 Western Rate
Advance Case, 497 (580).

DEPARTMENT OF JUSTICE.

Facts called to attention of. Rates for Transportation of Anthracite Coal, 220
(241, 243).

DEPRECIATION.

Table 10 indicating degree to which operating ratio may have been increased by
reason of accounting as regards depreciation. 1915 Western Rate Advance
Case, 497 (519).

DEPRESSION. See also PROSPERITY.

At Chattanooga is perhaps no greater than at Memphis and other lumber manu-
facturing centers. Chattanooga Log Rates, 163 (168).

Of business conditions at New Orleans on account of war. Coal and Coke Rates
in the Southeast, 187 (193).

Carriers' credit no more depressed relatively than credit of industry generally.
1915 Western Rate Advance Case, 497 (532, 533).

DETENTION OF CARS. See Car Detention; EQUIPMENT.

DIFFERENTIALS.

To Winchester and L. & E. Junction, Ky., a differential of 1 cent in favor of
Superior, Ohio, and Fordwick, Va., authorized. Lehigh Portland Cement Co.
v. B. & O. S. W. R. R. Co., 14 (21).

Existing between Morgantown and the Pittsburgh and Clarksburg districts in
class rates on glass articles shall not be exceeded in making any readjustment.
Athens Glass Co. v. B. & O. R. R. Co., 22 (26).

Rates from East St. Louis to southeastern and Carolina territories are made on
basis of a fixed arbitrary of 2 cents over local rates from Cairo or Evansville,
which in turn are made 4 cents over Memphis. Rates on Grain Milled in Tran-
sit, 27 (28).

Rates on cement in carloads from Cape Girardeau, Mo., to southern Arkansas, not
at least 3 cents lower than from St. Louis, and to defined points in Louisiana,
Mississippi, Kentucky, and Tennessee, not at least 2 cents lower, found unjustly
discriminatory. Cape Girardeau Portland Cement Co. v. St. L. & S. F. R. R.
Co., 109 (115, 122, 130).

Complainants failed to prove what reasonable differentials between rates on lumber
and building material would be, and question will be disposed of in Docket
8131. Yellow Pine Sash, Door & Blind Mfrs. Asso. v. S. Ry. Co., 150 (156).
The record affords no basis for determining a reasonable differential for walnut
over common lumber, nor any other basis for condemning the differential
assailed. Des Moines Saw Mill Co. v. M. & St. L. R. R. Co., 182 (183).
Rate on walnut lumber from Des Moines to named Atlantic ports for export must
not exceed by more than 2 cents the rate from Kansas City. Id. (186).
Rates from other Alabama groups taking rates higher or lower than group 3 should
be constructed usual differentials over or under rates authorized from group
3. Coal and Coke Rates in the Southeast, 187 (202).

By increasing rates on coal to New Orleans and not increasing rates on coke, the
differential of coke over coal is narrowed from 50 to 35 cents. Id. (203).
Rate on cottonseed hulls is generally the same as, or a differential of 24 to 5 cents
under, cottonseed meal and cake rates. Imperial Valley Cotton Co. v. S. P.
Co., 215 (218).

Differentials or relation of rates as between Alabama and Tennessee furnaces,
which existed prior to October 1, 1914, shall be maintained. Sloss-Sheffield
Steel & Iron Co. v. L. & N. R. R. Co., 460 (462).

DIFFERENTIALS-Continued.

The common differential from Gulf ports on imported brewers' rice is 3 cents under
the import rate from Baltimore to St. Louis. 1915 Western Rate Advance Case,
497 (614).

Import rates from Gulf ports have been differentially adjusted to those from
Atlantic ports since 1908. Id. (621).

Rates on fruits and vegetables to points in central freight association and trunk
line territories are made on basis of arbitraries over East St. Louis. Id. (624).
Maximum differential in favor of all-water or rail-and-water routes is 3 cents per
100 pounds. Steamer Lines on Chesapeake Bay, 692 (699).
DIRECTORS. See also INterlocking DIRECTORATES.

Number of directors of each of initial anthracite carriers as of June 30, 1913.
Appendix. Rates for Transportation of Anthracite Coal, 220 (298).

Number of directors of each of the affiliated coal companies as of June 30, 1913.
Appendix. Id. (301).

DISCRIMINATION.

As between car-float and lighter service, presumption is raised that an allowance
for one and not the other, freight rates being equal, would constitute unjust
discrimination. Lighterage and Storage Regulations at New York, 47 (62–63).
Furnishing financial aid, etc., to coal company constitutes unlawful discrimina-
tion against other shippers who are competitors. Rates for Transportation of
Anthracite Coal, 220 (240).

Practice of according an interline movement by means of trackage arrangements
and free transportation to junction points of coal production exchanged by
carrier controlled coal companies is unlawful and discriminatory in its worst
sense, since the discrimination results to the benefit of the carriers. Id. (289).
DISTANCE. See also GROUP RATES.

Table of rates on cottonseed products in Kansas, Missouri, and Oklahoma for
distances from 100 to 700 miles. Oklahoma Cottonseed Crushers Asso. v.
M., K. & T. Ry. Co., 94 (102).

As a rule, rates for short distances are graded and rates for longer distances blan-
keted. Id. (107).

Since the advantage in distance which St. Louis has over Hannibal is recognized
in lower rates from St. Louis, Cape Girardeau is entitled to lower rates than St.
Louis unless countervailing conditions exist. Cape Girardeau Portland Cement
Co. v. St. L. & S. F. R. R. Co., 109 (119).

It is contended that rates prescribed in 30 I. C. C., 36, increase disproportionately
as distance increases, contrary to the general rule. Original order modified.
Chattanooga Log Rates, 163 (165, 171).

To Memphis from various coal fields. Coal and Coke Rates in the Southeast, 187
(195).

Distances from Louisville and Cincinnati to Springfield, between various points
in central Kentucky, between Cincinnati and central Kentucky points, and
from Cincinnati to certain points in Indiana shown. Lebanon Commercial
Club v. L. & N. R. R. Co., 204 (206, 207).

El Centro and Calexico, Cal., to El Paso and Galveston, Tex. Imperial Valley
Cotton Co. v. S. P. Co., 215.

Total distance a commodity is hauled is a very important factor in rate making.
Rates for Transportation of Anthracite Coal, 220 (261).

Distances from Europe, Asia, and Africa to Gulf ports average approximately 50
per cent in excess of distances to Atlantic ports. 1915 Western Rate Advance
Case, 497 (620-621).

On basis of distance several of proposed Texas rates on cotton piece goods might
be justified, but others are apparently indefensible. Id. (640).