588 APPENDIX. 



323. A railroad company is under special obligation to give reasonable rates 

 for its local business, but there are many influences which may aflect through 

 rates while not bearing upon local rates at all, or, if at all, in less degree. 



324. Through rates are not necessarily illegal which when divided between 

 carriers give them less than their local rates, provided that the through rate 

 itself is not less than some one of the locals, or unjustly discriminating against 

 individuals or localities, or so low as to burden other business with part of the 

 cost of the business upon which it is imposed. 



333. A departure from the rule of equal mileage rates as applied to the 

 several branches of the road is not conclusive that such rates are unlawful, but 

 the burden is on the company making such departure to show its rates to be 

 reasonable when disputed. 



338. A group rate for a particular district upon a commodity for which a 

 large demand exists, and intended to place producei-s in the district upon an 

 equality among themselves and with producers of the same commodity from 

 other districts, all competing in a common market, is not unlawful merely on 

 account of differences in the geographical location of different producers and 

 their respective distances from the market. 



339. Actual undue prejudice or damage of which the rate is the cause must 

 result to the more favorably-situated producers to render a group rate unlawful. 



340. In determining the question of undue prejudice from a rate, distance is 

 onlv one of the factors, and other material facts, such as character and quality 

 of the commodity, cost of production, extent and nature of the competition in 

 the business itself by other transportation lines, and the interests of the pubhc 

 in the use of the commodity and its market cost are to be considered. 



848. Mileage, excursion, or commutation passenger tickets must be offered 

 impartially to all who accept the conditions on which they are issued, and the 

 rates at which they are sold must be published. The general requirements of 

 the act to regulate commeree as amended are as applicable to these classes of 

 tickets as to any others. 



349. Party rates and passengers' car-load rates lower than contemporaneous 

 rates for single passengers constitute discrimination between persons entitled to 

 transportation at equal rates, and are therefore illegal. 



359. The provisions of the act to regulate commerce apply to foreign as 

 well as domestic common carriers engaged in the transportation of passengers or 

 property, for a continuous carriage or shipment, from a place in the United 

 States to'a place in an adjacent foreign country. 



860. The common carriers engaged in such transportation are subject to the 

 provisions of the act in respect to the printing of scliedules of rates, fares, and 

 charges for the traflic they carry, the posting and filing with the Interstate 

 Commerce Commission of copies of such schedules, the notice of advances and 

 reductions, and the maintenance of the rates, fares, and charges established and 

 published and in force at the time. 



362. The carriage of freights can not be prevented from being treated as one 

 continuous carriage from the place of shipment to the place of destination by 

 any means or devices intended to evade any of the provisions of tlie act. 



367. It is a lawful duty that a carrier, like the defendant, owes to the travel- 

 ing public, in carrying out its rule of furnishing separate cars to white and 

 colored passengers on its line engaged in interstate travel, to_ make them equal 

 in comforts, acconnaodation, and equipment, without any discrimination. 



368. It is a lawful duty which a carrier, like the defendent, owes to the 

 traveling public, engaged in interstate travel over its line, to afford the equal 

 protection of the law alike to all such passengers, without regard to race, color, 

 or sex, against undue prejudice and disadvantage from disorderly conduct on 

 the part of other passengers or persons. 



370. When, pending a proceeding begun to test the reasonableness of rates, 

 the rates are reduced and nnide satisfactory to the complainants, the Commission 

 will not consider the question whether the rates before reduction were or were 

 not excessive; that question having by reduction made become purely 

 abstract and speculative. 



