APPENDIX. 589 



392. "When rates on the line of a carrier are on their face disproportionate 

 or relatively unequal, the burden is on the carrier to justify them when 

 challenged. 



393. Grain, and grain products, classified alike, are presumptively entitled 

 to equal rates, and if a difference is made by a carrier it assumes the burden of 

 sustaining it by satisfactory' evidence. 



395. A practice has existed on the part of certain carriers of live cattle to 

 make a car-lead rate irrespective of weight, leaving the shipper to load into the 

 car as manv cattle as he pleased and was able to put into it. The carriers sub- 

 stituted for this practice the rule that while naming a car-lot rate they pre- 

 scribed a minimum weight for a car-load, and then charged by the hundred 

 pounds in proportion to" the car-lot rate for any excess over the minimum. 

 Held that this rule was not unlawful. 



414:. A discrimination between the rate on corn and its direct products from 

 a given locality resulting from a reduction of the rate on corn below the rate 

 on its direct products, which subjected persons in that locality engaged in the 

 business of manufacturing corn into its direct products, and of selling the same, 

 to unreasonable prejudice or disadvantage, and was without necessity or 

 advantage to the carrier, or any reason founded on the character or condition 

 of the tralfic. Held to be in violation of section three of the act to regulate 

 commerce, notwithstanding the new rate on corn was open to all persons equally 

 and with equal service. 



420. Classification of freight for transportation purposes is in terms recog- 

 nized by the act to regulate commerce, and is therefore lawful. It is also a 

 valuable convenience both to shippers and carriers. 



421. A classification of freight designating difl'erent classes for car-load 

 quantities for transportation at a lower rate in car-loads than in less than car- 

 loads is not in contravention .of the act to regulate commerce. The circum- 

 stances and conditions of the transportation in respect to the work done by the 

 carrier and the revenue earned are dissimilar, and may justify a reasonable 

 difference in rate. The public interests are subserved by car-load classifica- 

 tions of property that, on account of the volume transported to reach markets 

 or supply the demands of trade throughout the country, legitimately or 

 usually moves in such quantities. 



422. Carriers are not at liberty to classify property as a basis of transporta- 

 tion rates and impose charges for its carriage with exclusive regard to their 

 own interests, but they must respect the interests of those who may have 

 occasion to employ their services and conform their charges to the rules of 

 relative equality and justice which the act prescribes. 



423. Cost of service is an important element in fi.xing transportation charges 

 and entitled to fair consideration, but is not alone controlling nor so applied in 

 practice by carriers, and the value of the service to the property carried is an 

 essential factor to be recogni;?('d in connection with other considerations. The 

 public interests are not to be subordinated to those of carriers, and require 

 proper regard for the value of the service in the apportionment of all charges 

 upon traific. 



424. A difference in rates upon car-loads and less than car-loads of the same 

 merchandise between the same points of carriage so wide as to be destructive to 

 competition between large and small dealers, especially upon articles of general 

 and necessary use, and which, under existing conditions of trade, furnish a large 

 volume of business to carriers, is unjust and violates the provisions and princi- 

 ples of the act. 



42-5. A difference in rate from a solid car-load of one kind of freight from 

 one consignor to one consignee, and a car-load quantity from the same point of 

 shipment'to the .same destination consisting of like freight or freight of like 

 character from more than one consignor to one consignee, or from one consignor 

 to more than one consignee, is not justified by the difference in cost of handling. 



428. It was a regulation of the respondent company, published on its public 

 tariff' schedules filed and posted as required by the act to regulate commerce, 



