moned before the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States.

"All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners, or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the chairman of the Commission."

Sec. 8. That section twenty-one of said act is hereby amended so as to read as follows:

"Sec. 21. That the Commission shall, on or before the first day of December in each year, make a report, which shall be transmitted to Congress, and copies of which shall be distributed as are the other reports transmitted to Congress. This report shall contain such information and data collected by the Commission as may be considered of value in the determination of questions connected with the regulation of commerce, together with such recommendations as to additional legislation relating thereto as the Commission may deem necessary; and the names and compensation of the persons employed by said Commission."

Sec. 9. That section twenty-two of said act is hereby amended so as to read as follows:

"Sec. 22. That nothing in this act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments, or for charitable purposes, or to or from fairs and expositions for exhibition thereat, or the free carriage of destitute and homeless persons transported by charitable societies, and the necessary agents employed in such transportation, or the issuance of mileage, excursion, or commutation passenger tickets; nothing in this act shall be construed to prohibit any common carrier from giving reduced rates to ministers of religion, or to municipal governments for the transportation of indigent persons, or to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of

Soldiers' and Sailors' Orphan Homes including those about to enter and those returning home after discharge, under arrangements with the boards of managers of said homes; nothing in this act shall be construed to prevent railroads from giving free carriage to their own officers and employees, or to prevent the principal officers of any railroad company or companies from exchanging passes or tickets with other railroad companies for their officers and employees; and nothing in this act contained shall in any way abridge or alter the remedies now existing at common law or by statute, but the provisions of this act are in addition to such remedies: Provided, That no pending litigation shall in any way be affected by this act."

Sec. 10. That the circuit and district courts of the United States shall have jurisdiction upon the relation of any person or persons, firm, or corporation, alleging such violation by a common carrier, of any of the provisions of the act to which this is a supplement and all acts amendatory thereof, as prevents the relator from having interstate traffic moved by said common carrier at the same rates as are charged, or upon terms or conditions as favorable as those given by said common carrier for like traffic under similar conditions to any other shipper, to issue a writ or writs of mandamus against said common carrier, commanding such common carrier to move and transport the traffic, or to furnish cars or other facilities for transportation for the party applying for the writ : Provided, That if any question of fact as to the proper compensation to the common carrier for the service to be enforced by the writ is raised by the pleadings, the writ of peremptory mandamus may issue, notwithstanding such question of fact is undetermined, upon such terms as to security, payment of money into the court, or otherwise, as the court may think proper, pending the determination of the question of fact: Provided, That the remedy hereby given by writ of mandamus shall be cumulative, and shall not be held to exclude or interfere with other remedies provided by this act or the act to which it is a supplement.

APPROVED MARCH 2, 1889.

INDEX.

ACT TO REGULATE COMMERCE.

ACT TO AMEND.-Text of, in full, 659.

AMENDMENTS TO, recommended, 508.

CONSTRUCTION OF FIRST SECTION.-Carriers subject to its jurisdiction. Interstate Commerce.

Report of Interstate Commerce Commission, 398.

New Jersey Fruit Exchange v. Central Railroad Company of New Jersey et al., 142.

CONSTRUCTION OF FIRST SECTION.-Reasonable charges.

Martin et al. v. Chicago, Burlington and Quincy R. R. Co. et al., 25. Business Men's Association of the State of Minnesota v. Chicago, St. Paul, Minneapolis and Omaha Ry. Co., 52.

Business Men's Association of the State of Minnesota v. Chicago and Northwestern Ry. Co., 73.

Hurlburt v. Lake Shore and Michigan Southern R'y Co., 122.

Hurlburt v. Pennsylvania R. R. Co., 130.

Parkhurst & Co. v. Pennsylvania R. R. Co. et al., 131.

Nicolai v. Pennsylvania R. R. Co. et al., 131.

Lincoln Board of Trade v. Burlington and Missouri River R. R.

Co., in Neb., et al., 147.

Lincoln Board of Trade v. Missouri Pacific Ry. Co., 155.

In re Chicago, St. Paul and Kansas City Ry. Co., 231.

Howell et al. v. New York, Lake Erie and Western R. R. Co. et al.,

272.

Detroit Board of Trade et al. v. Grand Trunk Ry. of Canada, 315.
In re Tariffs of Transcontinental Lines, 324.

Savery & Co. v. New York Central and Hudson River R. R. Co. et al., 338.

New Orleans Cotton Exchange v. Cincinnati, New Orleans and Texas Pacific Ry. Co. et al., 375.

Rice, Robinson & Witherop v. Western New York and Pennsylvania R. R. Co., 389.

Report of Interstate Commerce Commission, 424.

Myers, Survivor, v. Pennsylvania Co. et al., 573.

Michigan Congress Water Co. v. Chicago and Grand Trunk R'y Co., 594.

Logan et al. v. Chicago and Northwestern Ry. Co., 604.

CONSTRUCTION OF SECOND SECTION.-Unjust discrimination.

Martin v. Southern Pacific Co. et al., 1.

Martin et al. v. Chicago, Burlington and Quincy R. R. Co. et al., 25.

Business Men's Association of the State of Minnesota v. Chicago, St. Paul, Minneapolis and Omaha Ry. Co., 52.

Business Men's Association of the State of Minnesota v. Chicago & Northwestern Ry. Co., 73.

Schofield et al. v. Lake Shore and Michigan Southern R'y Co., 90. Griffee v. Burlington and Missouri River R. R. Co., in Neb., 301. Savery & Co. v. New York Central and Hudson River R. R. Co. et al., 338.

Slater v. Northern Pacific R. R. Co., 359.

In re Relative Tank and Barrel Rates on Oil, 365.

Rice, Robinson & Witherop v. Western New York and Pennsylvania R. R. Co., 389.

In re Passenger Tariffs and Rate Wars, 513.

Chamber of Commerce of the City of Milwaukee v. Flint and Pere Marquette R. R. Co. et al., 553.

Lippman & Co. v. Illinois Central R. R. Co., 584.

In re Joint Water and Rail Lines, 645.

In re Passenger Tariffs, 649.

CONSTRUCTION OF THIRD SECTION. —Preference or advantage.
Martin v. Southern Pacific Co. et al., 1.

25.

Martin et al. v. Chicago, Burlington and Quincy R. R. Co. et al.,

Scofield et al. v. Lake Shore and Michigan Southern R'y Co., 90.
Hurlburt v. Lake Shore and Michigan Southern R'y Co., 122.
Hurlburt v. Pennsylvania R. R. Co., 130.

Lincoln Board of Trade v. Burlington and Missouri River R. R. Co., in Neb., et al., 147.

Lincoln Board of Trade v. Missouri Pacific R'y Co., 155.
Howell et al. v. New York, Lake Erie and Western et al., 272.
Griffee v. Burlington and Missouri River R. R. Co., in Neb., 301.
Slater v. Northern Pacific R. R. Co., 359.

Detroit Board of Trade et al. v. Grand Trunk R'y of Canada et al., : 315.

In re Tariffs of Transcontinental Lines, 324.

Report of Interstate Commerce Commission, 443.

Rend v. Chicago and Northwestern R'y Co., 540.

In re Petition of the Produce Exchange of Toledo, 588.

Michigan Congress Water Company v. Chicago and Grand Trunk R'y Co., 594.

Logan et al. v. Chicago and Northwestern R'y Co., 604.

Imperial Coal Company et al. v. Pittsburgh and Lake Erie R. R. Co. et al., 618.

CONSTRUCTION OF THIRD SECTION.-Facilities for interchange of traffic.
Kentucky and Indiana Bridge Company v. Louisville and Nashville
R. R. Co., 162.

CONSTRUCTION OF FOURTH SECTION.-Long and short haul clause.
Martin v. Southern Pacific Co. et al., 1.

Business Men's Association v. Chicago, St. Paul, Minneapolis and
Omaha R'y Co., 52.

Lincoln Board of Trade v. Missouri Pacific R'y Co., 155.

In re Chicago, St. Paul and Kansas City R'y Co, 231.

Report of Interstate Commerce Commission, 412.

In re Passenger Tariffs and Rate Wars, 513.

Rend v. Chicago and Northwestern R'y Co., 540.

Logan et al. v. Chicago and Northwestern R'y Co., 604.

Imperial Coal Company et al. v. Pittsburgh and Lake Erie R. R. Co. et al., 618.

CONSTRUCTION OF SIXTH SECTION.-Filing and publication of schedules. In re Tariffs of Transcontinental Lines, 324.

Report of Interstate Commerce Commission, 420.

In re Passenger Tariffs and Rate Wars, 513.

In re Passenger Tariffs, 649.

In re Joint Tariffs, Circular, 656.

CONSTRUCTION OF THIRTEENTH, FOURTEENTH AND FIFTEENTH SECTIONS.
-Complaints and adjudications.

Report of Interstate Commerce Commission, 408.

CONSTRUCTION OF TWENTIETH SECTION.-Annual reports from carriers.
Report of Interstate Commerce Commission, 490.

CONSTRUCTION OF TWENTY-SECOND SECTION.-Mileage, excursion and
commutation tickets.

In re Passenger Tariffs, 649.

Transportation of railroad employés.

Griffee v. Burlington and Missouri River Ry. Co., 301.

MILEAGE, EXCURSION OR COMMUTATION TICKETS.-The general require-
ments of the Act to Regulate Commerce as amended are as applicable
to these classes of tickets as to any others.

In re Passenger Tariffs, 649.

AGENTS.

SEE CARRIERS; COMMISSIONS ON SALE OF TICKETS.

AMENDMENTS.

SEE COMPLAINT.

BITTERS.

Myers, Survivor, v. Pennsylvania Co. et al., 573.

BURDEN OF PROOF.

TO JUSTIFY GREATER CHARGE ON SHORTER HAUL IS ON RAILROAD
COMPANY.

Spartanburg Board of Trade v. Richmond and Danville R. R. Co.
et al., 304.

MILEAGE RATES ON BRANCH LINES.-A departure from the rule of equal
mileage rates as applied to the several branches of a road is not con-
clusive that such rates are unlawful, but the burden is on the
company making such departure to show its rates to be reasonable
when disputed.

Logan et al v. Chicago and Northwestern R'y Co., 604.

SEE PROOF; EVIDENCE.

CARRIERS.

MUST FURNISH ADEQUATE CAR EQUIPMENT.-It is a common law and
charter duty of every railway carrier subject to the Act to Regulate
Commerce to furnish a proper and adequate car equipment for all
the reasonable needs of the business it advertises and undertakes to
do, and if the carrier fails to do this to the wrongful injury of the
shipper it is hable in damages therefor, but the Statute has not
clothed the Interstate Commerce Commission with the jurisdiction
to order the carrier to furnish any particular equipment of cars, or
in fact any cars at all. It is the duty of such carrier to select and
furnish its own equipment of cars, under all the responsibility which
the law requires of it in so vital and important a matter, for the
public has not undertaken to divide responsibility with the carrier
in this respect.

Scofield et al. v. Lake Shore and Michigan Southern Ry. Co., 90.