582 APPENDIX. 



been violated. And in case of complaint for violating the fourth section of the 

 act the burden of proof is on the carrier to justify any departure from the 

 general rule prescribed by the statute by showing that the circumstances and 

 conditions are substantially dissimilar. 



22. That the existence of actual competition, which is of controlling force, 

 in respect to traffic important in amount, may make out the dissimilar circum- 

 stances and conditions entitling the carrier to charge less for the longer than 

 for the shorter haul over the same line in the same direction, the shorter being 

 included in the longer in the following cases : 



I. When the competition is with carriers by water, which are not subject to 

 provisions of the statute. 



II. When the competition is with foreign or other railroads which are not 

 subject to the provisions of the statute. 



III. In rare and peculiar cases of competition between railroads which are 

 subject to the statute, when a strict application of the general rule of the 

 statute would be destructive of legitimate competition. 



23. The Commission further decides that when a greater charge in the 

 aggregate is made for the transportation of passengers or the like kind of 

 property for a shorter than for a longer distance over the same line in the 

 same direction, the shorter being included in the longer distance, it is not suffi- 

 cient justification, therefor, that the traffic which is subjected to such greater 

 charge is way or local traffic, and that which is given the more favorable rates 

 is not. 



24. Nor is it sufficient justification for such greater charge that the short- 

 haul traffic is more expensive to the carrier, unless when the circumstances are 

 such as to make it exceptionally expensive, or the long-haul traffic exception- 

 ally inexpensive, the difference being extraordinary and susceptible of definite 

 proof. 



Nor that the lesser charge on the longer haul has for its motive the 

 encouragement of manufactures or some other branch of industry. 



Nor that it is designed to build up business or trade centers. 



Nor that the lesser charge on the longer haul is merely a continuation 

 of the favorable rates under which trade centers or industrial establish- 

 ments have been built up. 



The fact that long-haul traffic will only bear certain rates is no reason for 

 carrying it for less than cost at the expense of other traffic. 



28. The practice of paying commissions to the agents of other roads on 

 tickets sold over the road of the company paying the same, condemned as 

 demoralizing, and as an improper drain on corporate resources. 



32. Where complaint is made of rates as excessive, the burden is upon 

 complainant to make proof of the fact alleged, and if no proofs are put in by 

 either party the complaint will be dismissed. This held in a case in which the 

 rates were much higher than tliey had at one time been on the same line. 



33. An ofier by a railroad company to give a discount to any consignee 

 who, within a year, shall receive at any one station a specified amount of 

 fi-eight, which offer purports to be made to secure speedy despatch, but it is not 

 conditioned on speedy despatch being made, is void, and if a discount is made 

 to one dealer in pursuance of it, all others will be entitled to alike discount. 



34. If the real consideration of the offer were to secure speedy despatch, it 

 should have been open to all who could accept it, regardless of quantity. 



53, Mileage tickets when issued must be sold impartially to all who apply 

 for them, and on the same terms. 



63. A common carrier of live stock is subject to the legal duty to provide 

 reasonable and proper facilities for receiving and discharging from its cars such 

 live stock as is offered for transportation, free of all except the customary 

 transportation charges. It does not fully discharge this duty by receiving on 

 and discharging from its cars live stock at a depot, access to which must be 

 purchased. 



64. A railroad company as carrier of livestock had undertaken to give to a 



