COMMON CARRIERS—Continued.

4. Operation.

See also "RATES;" "RULES AND REGULATIONS;" "SERVICE AND
FACILITIES," and other specific headings.

Compensation of, a payment in nature of a tax, n. [5], p. 9.
Power to make reasonable charge as implied from power to
carry, n. [9], p. 10.

Statutes requiring furnishing of facilities by, declaratory of
common law, n. [1], p. 175.

Compelling performance of duty to transport, n. [3], pp. 176,
177.

Effect of unprecendented rush of business on duty to furnish
accommodations for transportation, n. [7], p. 179..

Duty to receive and transport passengers, and freight, n.
[11], pp. 181-183.

Extent to which carrier holds itself out to public as affecting
duty to transport, n. [12], pp. 183, 184.

Remedy against, for failure to transport, n. [51], pp. 184,

185.

Refrigeration part of service which carriers must render, n.
[18], pp. 186-188.

Duty to furnish passengers with seats, n. [17], p. 186.

Duty to furnish facilities for loading and unloading live-
stock, n. [18], p. 187.

Determination as to fulfillment of duty to furnish facilities,
n. [19], pp. 188, 189.

Exoneration from obligations as carriers, n. [20], pp. 189,

190.

Must file copies of transportation agreements with other car-
riers, § 30, subd. 2, p. 246.

Whether bound by acts of agents in giving rates, n. [8], p.

257.

Rights and duties as to routing of shipments, n. [21], pp.
327-329.

Embargo, n. [22], p. 329.

Duty as to transportation, handling and delivery of livestock,
n. [26], pp. 331-333.

Not required to permit other carriers to use tracks or termi-
als, 35, pp. 358, 359.

Not bound to undertake transportation beyond own lines, n.
[8], p. 364.

Duty to deliver goods to connecting carriers, n. [8], p. 364.
Liability for failure to perform public duties, n. [1], pp.
444, 445.

Duty to deliver goods transported, n. [13], p. 184.

Duty to deliver goods within reasonable time, n. [29], pp. 435, 436.

Power of commission to regulate conduct of business in general, n. [14], pp. 487-490.

Regulation of method of operation, practices, etc., n. [30], pp. 501, 502.

Duty of, as to method of operation, n. [5], p. 553.

Powers of commissions to order changes, repairs or improvements, § 50, p. 547.

Improvements by, to be encouraged, n. [6], p. 553.

Need not permit erection of elevators on premises, n. [7], p. 553.

Non-performance of functions, n. [14], pp. 586, 587.

Carriers may procure equipment by leasing, n. [6], p. 179.
Duty to furnish safe machinery and appliances, n. [8], p. 180.
Charter provisions allowing connections with other lines, n.
[15], pp. 369, 370.

COMMON LAW.

Statutes declaratory of, how construed, n. [31a], p. 24.

Statutes relative to furnishing of facilities declaratory of, n. [1], p. 175.

Statutes forbidding discriminations in rates, declaratory of, n. [22], p. 262.

Long and short haul rule did not exist at, n. [4], p. 379.

COMMUTATION TICKETS.

Issuance of, § 33, pp. 343, 344.

Rights and duties as to issuance of, n. [57], pp. 281, 282.

COMPANY.

Included in term "corporation," § 2, subd. c, p. 32.

When included in term "street railroad corporation," § 2, subd. g, p. 33.

When included in term "railroad corporation," § 2, subd. h, p. 33. When included in term " gas corporation," § 2, subd. j, p. 33. When included in term "electrical corporation," § 2, subd. k, p. COMPENSATION.

See also, "CHARGES;" "FARES;" "RATES."

Of carriers a payment in the nature of a tax, n. [5], p. 9.

Right to receive, as implied from power to carry, n. [9], p. 10.
Of commissioners and subordinate officers, § 13, p. 81.
Of witnesses, § 19, subd. 1, p. 92.

33.

COMPETITION.

As justification for discriminations:

Whether competition may be considered, n. [37], pp. 270, 271;
n. [10], pp. 317, 318.

When competition exists, n. [38], p. 271.

What competition justifies disparities in rates, n. [39], pp. 271,
272.

Extent to which competition justifies, n. [40], pp. 272, 273.
As justification for violations of long and short haul rule, n. [14],
[16], pp. 382, 383; n. [31], pp. 389–392.

What competition is justification of violations of long and short haul
rule, n. [32], pp. 392, 393.

Whether a justification of violations of long and short haul rule, a
question of fact, n. [34], p. 394.

May be considered in rate making, n. [67], p. 536.

COMPETITIVE AND NONCOMPETITIVE POINTS.

No discrimination between, in distributing cars in case of shortage,
§ 37, subd. 1, pp. 397, 398.

COMPLAINANT.

See also, "PARTIES."

Absence of injury to, as justifying discriminations in rates, n. [7],
p. 256.

As to disparities between through and local rates must be affected
thereby, n. [75], p. 300.

Only person or locality discriminated against may be, n. [3], p.
314.

Who may be, on investigations before commission, n. [2], pp. 461,
462.

May be required to give bond, n. [13], p. 468.

Interest of, relevant in determining as to rate complained of, n.
[58], p. 527.

State commission as, before the Interstate Commerce Commission,
§ 60, p. 615; n., pp. 615, 616.

COMPLAINT.

See also, "PLEADINGS."

To commission setting forth wrongful acts or omissions of carriers,
§ 48, subd. 2, pp. 458, 459.

Order dismissing, in proceeding to investigate wrongful acts or
omissions of carrier, § 48, subd. 3, p. 459.

Grounds for declining to consider, n. [14], pp. 468, 469.

As to quality or price of gas or electricity, who may make, § 71, p.
641.

As to quality or price of gas or electricity, form and signature, § 71,
p. 641.

COMPLETION.

'Of facilities of carrier, issue of stocks, bonds, notes, etc. for, § 55,
pp. 587-589.

Of plant and works, issue of bonds, stocks, etc. by gas or electrical
corporations for, § 69, pp. 636, 637.

COMPRESSION OF COTTON.

Carriers must not discriminate in permitting, n. [18], p. 324.
Power of commission to regulate charges for, n. [12], p. 486.

COMPTROLLER OF NEW YORK STATE.

Audit of salaries and expenses of commission, § 14, pp. 82, 83.
COMPTROLLER OF THE CITY OF NEW YORK.

Audit and payment of expenses and compensation of employees
of commission, § 14, subd. 1, pp. 82, 83.

Issue of revenue bonds by, to provide fund for payment of ex-
penses and compensation of employees of commission, § 14, subd.
1, pp. 82, 83.

CONDITION PRECEDENT.

Publication of rates as, to right to charge, n. [4], p. 346.
CONFIRMATION.

By commission necessary to order of commissioner, § 11, pp. 79, 80.
CONGRESS.

Failure to exercise regulative powers as affecting extent of state
power, n. [11], pp. 162, 163.

CONNECTING CARRIERS.

Crossings with other railroads, see, CROSSINGS AND INTERSECTIONS."
What are connecting or through lines, n. [18], p. 371.

Public control over, n. [9], pp. 364–367.

State or federal regulation, n. [10], pp. 367, 368.

State act compelling transportation by, not regulation of interstate
commerce, n. [16], p. 170.

Construction of statutes and decrees as to, n. [23], [24], pp. 372, 373.
Charter provisions allowing connections, n. [15], pp. 369, 370.
Determination of necessity for switch connection between, n. [19],
p. 371.

Power to establish through routes and joint rates, n. [1], p. 247.
"Through routes" and "through rates" defined, n. [2], p. 247, 248.
Provisions of Act as to, shall not affect establishment of joint rates,
§ 35, pp. 358, 359.

What facts show existence of through routes and through rates, n.
[4], pp. 248, 249.

What is proper through rate in absence of agreement for joint rates,
n. [8], p. 250.

Joint and several responsibility for giving of illegal rates, n. [10],
p. 257; n. [23], p. 330.

What adjustment of through and local rates may be made, n. [67],
pp. 296-298.

Consent of, necessary to making of through route or rate, n. [14],
p. 369.

Through routes and rates matters of contract, n. [13], pp. 368, 369.
Effect of non-consent to through rate, n. [73], p. 300.

Duty to establish joint rates and through routes, n. [12], p. 368.
Justification for refusal to establish joint rates or interchange
traffic, n. [17], pp. 370, 371.

When through routes and rates will be ordered, n. [28], p. 499.
Division of through rates, n. [74], p. 300; n. [27], p. 374; n. [29],
pp. 500, 501.

Rights and duties as to routing of shipments, n. [25], p. 373.
Rights and duties as to continuous carriage, n., p. 443.

Carrier must furnish facilities for interchange of traffic with, § 35,
pp. 358, 359.

Carriers shall receive and haul freight cars of connecting carriers,
§ 35, pp. 358, 359.

Extending of equal rates and facilities to:

Discrimination prohibited, § 35, pp. 358, 359; n. [1], p. 360.
Duty as to, in general, n. [1], p. 360.

Interchange of traffic at junction points, n. [2], pp. 360, 361.
Contracts for through routes, rates, etc., n. [3], pp. 361, 362.
Wharf and terminal facilities, n. [4], pp. 362, 363.

Hauling of cars of connecting lines, n. [5], p. 363.
Prepayment of charges, n. [6], pp. 363, 364.
Embargo, n. [7], p. 364.

What lines charged with duty to extend facilities to, n. [11],
p. 368.

What constitutes a discrimination between, n. [16], p. 370.
May recover damages for discrimination, n. [29], p. 374.
Injunctions to prevent discriminations between, n. [30], p. 374.
Compelling furnishing of bill of lading to, n. [21], p. 372.
Duty of carrier to deliver goods to, n. [8], p. 364.

Not bound to undertake transportation beyond own lines, n. [8], p.
364.

Cannot be compelled to give bill of lading beyond own line, n. [21],
p. 372.

Issuing and honoring of passenger tickets by, n. [22], p. 372.
Goods to be forwarded by, in order of receipt, n. [26], p. 373.