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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. & 0. 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 cxceeded in making any readjustment.

Athens Glass Co. v. B. & 0. 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
DIFFERENTIALS-Continued.

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).

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 porta. 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).

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DISTANCE RATES.

Rates on glass and glassware from Morgantown and competing districts appear to

be made on a distance basis entirely. Athens Glass Co. v. B. & O. R. R. Co.,

22 (25). Promulgation of a distance tariff applicable from all points in Oklahoma blanket

on cottonseed products suggested as a solution of difficulties. Oklahoma Cotton

seed Crushers Asso. v. M., K. & T. Ry. Co., 94 (107). DISTRIBUTION OF TONNAGE. See Tonnage, DISTURBANCE OF ADJUSTMENT.

Commission should not disturb the parity in the rates on grain and grain products

that has long existed, which is not here attacked, and which its beneficiaries have had no opportunity to defend. 1915 Western Rate Advance Case, 497

(577). Increases here proposed on packing-house products would destroy the existing

parity in the rates. Id. (595). DIVIDENDS.

Money taken from treasury of railway company by holding company on account

of dividends to be declared later. Rates for Transportation of Anthracite Coal,

220 (254). Substantial rates of dividends during years 1904 to 1913. Id. (277). A number of coal companies in whose stocks carriers have invested have never

paid to the carriers dividends on their stocks. Id. (283). Dividends paid by respondents during the past 20 years. Appendix. Id. (336). Increasing percentage of bonds to total capital obligations indicate a growing un

willingness to accept prospect of dividends as a sufficient incentive to assume

risks of railroad proprietorship. 1915 Western Rate Advance Case, 497 (540).

Rates of, paid on common stock. Id. (559). DIVISIONS.

Under present basis of, respondent is allowing its southern connections 1 cent more

than appears to be necessary. Rates on Grain Milled in Transit, 27 (30). Carriers failed to agree upon divisions of joint rates fixed by Commission, and upon

petition of the initial line, the Moffat road, divisions are prescribed. Coal Rates

from Oak Hills, Colo., 456. Divisions herein found reasonable for the Moffat road in connection with the Rock

Island should not be used to measure divisions of carriers serving mines at Wal

senburg. Id. (459). Divisions of joint rates on pig iron from Alabama and Tennessee to central freight

association territory between carriers operating north and those south of the Ohio River, prescribed. Sloss-Sheffield Steel & Iron Co. v. L. & N. R. R. Co.

460. Rates on pig iron varied with the price and these fluctuations were reflected in

varying divisions to southern lines. Id. (464, 465). Estimates of divisional percentages should have been based upon hauls via the

direct gateway. Id. (466). Northern lines not entitled to an increase in their divisions, and Five Per Cent case

no warrant therefor. Id. (467, 468). If parties can not agree, they may present matter of divisions to Commission in a

supplementary proceeding. Port Huron & Duluth S. S. Co. v. P. R. R. Co., 475

(476). Petition of tap line for increased divisions denied. The Tap Line Case, 485 (487). Defendants at one time agreed as to divisions of joint rates and should make a bona

fide effort again to reach an agreement. Federal Sugar Refining Co. v. C. R. R. Co. of N. J., 488 (491).

DOCK COAL.

No increases proposed in rates on. 1915 Western Rate Advance Case, 497 (610). DOCKS AND TRESTLES. See LEASE. DOMESTIC RATES.

On brewers’ rice may be increased to an amount equal to increased import rates.

1915 Western Rate Advance Case, 497 (622). DUNNAGE.

Proposed increased charges for staking, wiring, or cleating shipments of lumber,

telegraph poles, etc., justified. Lighterage and Storage Regulations at New

York, 47 (66).
DUTY OF CARRIER. See also FOSTERING COMMERCE.

To afford shipper a reasonable opportunity to deliver freight for shipment, to

transport same with reasonable dispatch and safety, place it in a reasonably accessible place to be received, and afford consignee reasonable time for its

removal. Lighterage and Storage Regulations at New York, 47 (52). EARNING CAPACITY.

Exceptional earning capacity of principal anthracite carriers discussed. Rates for

Transportation of Anthracite Coal, 220 (274). EARNINGS. See also REVENUES.

Car-mile earnings on grain products from East St. Louis are considerably less than

on grain milled in transit at Lawrenceburg, Ind. Rates on Grain Milled in

Transit, 27 (30). Per car on cottonseed meal and cake. Imperial Valley Cotton Co. v. S. P. Co. 215

(217). The large tonnage hauled in the trains produces high earnings per train-mile.

Rates for Transportation of Anthracite Coal, 220 (260). It is apparent that 6 per cent per annum earnings on the whole property of a rail

6 way system of a group of railways such as the Erie lines is unattainable. Id.

(273). Question of setting rates upon a particular description of traffic where the same

rates if carried by all roads would result in essentially different earnings to differ

ent carriers, considered. 1915 Western Rate Advance Case, 497 (560). Statement of rates per gross ton-mile and earnings per car-mile on live stock, in

comparison with other commodities in car lots, on the C., B. & Q. R. R. Id.

(586). Statement showing comparison of earnings on hay under proposed rates with cer

tain other commodities moving between Kansas City and points indicated. Id.

(631). ECONOMIES.

Economies sought to be realized from heavier equipment have in large part been

neutralized by heavier maintenance costs. 1915 Western Rate Advance Case,

497 (515). Economy of operation is promoted by heavier loading, and the whole public

benefits by economies that reduce the cost of transportation. Id. (575). EFFICIENCY.

Railroad properties should be kept in a high state of, and freight rates should be

sufficiently remunerative to permit it. Rates for Transportation of Anthracite

Coal, 220 (283). ELKINS ACT.

Object to prevent favoritism and to place all shippers upon equal terms. Rates

for Transportation of Anthracite Coal, 220 (289). Construction of, relative to transportation of any property in interstate or foreign

commerce. Seymour v. M. L. & T. R. R. & S. S. Co., 492 (493).

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