Traffic Management

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...and of the term burden of proof will be made plain by the following example. Suppose that a carrier proposes to increase a certain rate from 10 cents per hundred pounds to 15 cents per hundred pounds. It would be the duty of the carrier to produce such evidence as it could to show that the proposed rate was reasonable. In doing this the carrier might show that the proposed rate was no higher than was charged for the transportation of similar trafiic in other cases. The party complaining could then take this testimony and point out to the Commission wherein the evidence was not satisfactory; and might be able to show that the transportation conditions applying in connection with the various rates used in comparison were entirely different from those applying in connection with the proposed rate. On the other hand, if the burden of proof were upon the party who was complaining, the conditions would be reversed and the 'complainant would have to introduce evidence showing cases wherein lower rates than the proposed rates were charged under similar circumstances. The carrier would then attempt to show that transportation conditions were more favorable in connection with the rates used as a comparison than in connection with the proposed rate. It may be said that it is often easier to show the error of someone else's reasoning than to present convincing reasoning ourselves. ' 13. Another portion of Section L5 provides for the establishment of through routes and joint rates, as follows: The Commission may also, after hearing, on a complaint or upon its own initiative without complaint, establish through routes and joint classifications, and may establish joint rates as the maximum to be charged and may prescribe the division of such...