The Control of Public Utilities, Τόμος 1

Εξώφυλλο
Baker, Voorhis & Company, 1908 - 1149 σελίδες
 

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109
lxix
TABLE OF ABBREVIATIONS
lxxiii
PUBLIC SERVICE COMMISSIONS LAW AND NOTES ARTICLE I
1
2 Scope of regulative power
2
74
4
3 Railroads considered as highways 4 Status of railroads
8
5 Compensation of carrier a payment in the nature of a tax 6 What constitutes a regulation 7 Charter as a contract 8 Franchises as property 9 Rights o...
9
10 Reservation of power to alter or amend charte Need not be expressed in charter 11 Power to amend is continuous
10
12 Effect of reservation 10 12 Effect of reservation 13 14 Power to regulate not dependent on reservation of power to alter or amend charters
11
15 Regulative acts not violative of charter or contract rights
12
16 Exemption from public control Power of legislature
13
17 Necessity for consideration for such grant
14
19 Such grants not favored
16
20 Transferability
17
22 Source and extent of state legislative power
18
23 Presumption of validity of statutes
19
24 Burden of proving invalidity of statutes
21
28 Interpretation governed by legislative intent
22
29 Weight glven to legislatures interpretation of its own powers
23
113
27
114
32
Definitions
33
Public service districts
45
Section
46
31
60
Section
65
Forfeiture for noncompliance with order actions to recover
73
Counsel to the commissions power to appoint assistants
74
Counsel to the commissions duties
80
Certain acts prohibited and defined as grounds for removal
87
2 Extent of visitorial powers
94
Practice before the commissions immunity of witnesses
100
4 A personal privilege 5 When it may be asserted
106
6 Waiver or destruction of privilege 7 To what proceedings applicable
107
8 Production of books and papers
108
9 When witness will be compelled to answer
109
Court proceedings preferences
110
Rehearing before commission effect of application for a rehearing
111
1 When a rehearing will be granted
112
2 When a rehearing will be denied
113
3 When a prior decision will be modified or reversed 4 Right to rehearing
114
Service and effect of order grounds for their suspension or abrogation
115
1 Effect of orders Validity presumed
116
2 Prima facie weight of findings of fact 3 Upon whom binding 4 Suspension by commission
122
5 Judicial review of orders In general
123
6 Acts of administrative tribunals
124
Constitutional questions
125
8 Acts done pursuant to police power
128
8 Duty to furnish safe machinery and appliances
180
21 Sleeping cars considered as cars of carrier
190
37 Whether rates are reasonable
197
38 Statutory rates
199
39 Advances in rates
200
40 What constitutes a reduction in rates 202 40 What constitutes a reduction in rates 41 Whether statements of agents as to rates bind carrier
202
44 Extent of interest of shippers or public in rates
203
47 Mandamus to compel issuance of ticket
204
49 What sum may reasonably be tendered in payment of fare on street cars
205
53 Reparation through Interstate Commerce Commission
207
54 Burden of proof
208
56 Measure of damage
209
59 Transfer statutes How construed generally
211
61 To what roads applicable
212
62 Demand for transfer Rules as to time for making
213
63 Sufficiency
214
67 Time limit on use of transfers
215
70 Good faith of passenger as affecting right to penalty
217
71 Matters in defense
218
72 Actions for penalties
219
73 Effect of repeal of penal statute
220
Switch and sidetrack connections powers of commissions to order their installation or discontinuance
221
1 Duty to furnish switch connections
222
2 Right of shipper to demand sidetrack connections
223
3 Public control
224
6 Objections to installing of switches
225
11 Permit to construct a switch in a public street
226
14 Switching charges
227
1 Power of state to require posting of schedules
229
3 Schedule making power pot legislative
230
7 Form of schedules
231
11 What constitutes sufficient posting and publication
232
12 Excuses for failure to keep schedules posted
233
16 What constitutes notices to shipper of rules for shipment
234
19 Charges for refrigeration
235
22 Basis of rates fixed
236
25 Effect of failure to publish regulations
237
28 Reservation in schedule of right to route goods
238
33 Method in general
239
341 Matters which may be considered
240
35 Classification of specific articles
241
36 Form of classification sheet
243
Changes in schedule notice required power of commissions to allow changes on less notice
244
Concurrence in joint tariffs filing of all contracts agreements or arrangements between any carriers
245
1 Power of railroads to establish through routes and joint rates
247
3 When agreement with shipper for through transportation exists
248
5 Joint tariff must show carriers uniting in making it
249
8 What is proper rate in absence of agreement for joint rates
250
1 Rule of equality
252
2 Discretion of carrier in fixing rates
254
3 Unlawful discrimination defined
255
5 Whether mere making of rate constitutes discrimination
256
8 Carrier bound by acts of agents
257
12 Secrecy of rate not test of lawfulness
258
16 Devices for giving preference
259
Intent of carrier
260
18 Public right not affected by private agreements
261
22 Declaratory of common law
262
23 Construction of terms 262 23 Construction of terms 24 Effect on prior contracts
263
26 Circumstances of each case must determine
264
29 Distance or mileage as factor
265
30 Relations between carrier and shipper relevant
266
33 What constitutes dissimilarity in general
267
34 What difference in circumstances justifies
269
37 Whether competition may be considered
270
38 When competition exists
271
40 Extent to which competition justifies
272
41 What are contemporaneous shipments
273
64 Gross and net weights
287
66 What facts show unjust discrimination
288
67 Foreign and domestic and through and local rates What adjustment carriers may make
296
68 Exaction of local rates on through traffic
299
73 Effect of nonconsent of connecting carrier to through rate
300
78 Justification
301
81 Actions and proceedings Right of action arising from unlawful discrimination
302
82 Injunctions
303
85 Burden of proof
304
86 Evidence
305
88 Damages
306
90 Elements of the offense
307
92 Necessity for action by commission
308
Unreasonable preference
310
1 Rule of equality
311
2 Legislative control
313
3 Who may complain
314
7 Matters relevant in determining question of undue pref erence
315
Intervention by commission
316
10 Effect of competition
317
11 Delay as discrimination
318
13 Forwarding out of order of receipt
321
16 Consideration of amount shipped
323
19 Extending facilities to express companies
326
20 Preference in grants of right to do business on carriers premises
327
22 Embargo
329
24 Carload shipments and maximum and minimum carload weights
330
26 Transportation handling and delivery of livestock
331
27 Accommodations furnished to negroes
333
28 Switch connections and delivery on sidetracks
334
29 Violations of long and short haul rule as discrimination
335
30 What facts show unjust discrimination or preference 33
336
31 Actions by shipper Right of action
341
32 Complaint
342
Transportation prohibited until publication of schedules rates as fixed to be charged passes prohibited issuance of mileage excursion and commutati...
343
1 Duty to charge published rate
345
2 Effect of special rules and regulations
346
5 When published rate must be tendered
347
8 Recovery of excess charges
348
11 Lawfulness of issuance of passes
349
12 Who are gratuituous passengers 330
350
14 Construction of statutes relative to passes
351
18 Powers and duties of carrier as to issuance of special tickets and mileage
352
19 Compelling issue of special tickets
353
21 Filing and publication of excursion rates
354
False billing classification weighing report of weights etc by carrier or shipper
355
1 Responsibility of carriers
356
7 What practices improper
357
10 Indictment
358
1 Extending of equal rates and facilities to connecting car riers In general
360
3 Contracts for through rates etc
361
4 Wharf and terminal facilities
362
5 Hauling of cars of connecting carrier
363
7 Embargo
364
10 State or federal regulation
367
11 What carriers charged with duty
368
13 Through traffic a matter of contract 369 13 Through traffic a matter of contract 14 Consent of carrier to making of through route or rate
369
16 What constitutes a discrimination between connecting lines
370
18 What are connecting or through lines
371
21 Bill of lading as a facility which may be compelled
372
24 Meaning of term transfer of freight passengers or express matter
373
26 Goods to be forwarded in order of receipt 373 26 Goods to be forwarded in order of receipt 27 Division of joint rates
374
32 Actions for penalties 875
375
36 Whether actual crossing necessary
376
Long and short haul power of commission to authorize less charge for longer than for shorter distance
377
1 Purpose of long and short haul section
378
2 Scope and application of section
379
6 Prohibited acts also an unjust discriminati
380
7 Violation a question of fact
381
12 When relief will be granted
382
15 Facts of each case to control
383
20 Inference arising from disparity between rates
384
23 Burden of justifying charge
385
31 Competition as justification
389
Liability for damage to property in transit duty of carrier
414
410
433
Continuous carriage and breakage of bulk
441
412
442
Provisions Relating to the Powers of the Commis
449
Investigation of accidents notice of happening of accidents
458
Rates and service to be fixed by the commission duty of
474
10
483
Power of commissions to order repairs or changes
547
Uniform system of accounts access to accounts etc for
556
Transfer of franchises or stocks consent of commission
576
Summary proceedings to enforce orders of commissions
598
Section
606
10
616
Inspection of gas and electric meters
632
ARTICLE V
660
Pending actions and proceedings
666
THE INTERSTATE COMMERCE
837
9 As to rates and service
879
10 Judicial restraint of orders In general 11 Grounds for equitable relief 12 When temporary restraining order will be granted 13 When a tempora...
947
94
987
17 Rule where reasonable doubt exists 18 Form and scope of injunction orders 19 Relief from changed conditions 20 Federal interference with ord...
1002
21 Attempts to prevent resort to federal courts 22 Suits against a state 23 Proceedings in state courts
1003
434
1006
24 Diverse citizenship
1012
95
1013
25 Federal question raised 26 Amount in controversy
1026
27 What the U S Supreme Court will review 28 When federal court may enforce order of state com mission
1028
98
1051
440
1056
Section
1057
141
1070
Federal question raised
1071
ARTICLE II
1076
474
1085
477
1094
Provisions Relating to Railroads Street Railroads and Common Carriers
1129
62
1142
Application of Article 148 1 Powers of Interstate Commerce Commission 149 2 What constitutes state or interstate commerce In gen eral 149
1143
4 Switching of cars 152
1148
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Δημοφιλή αποσπάσματα

Σελίδα 862 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof.
Σελίδα 861 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...
Σελίδα 863 - Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and' testify and produce documentary evidence before the Commission, as hereinbefore provided.
Σελίδα 526 - And, in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...
Σελίδα 853 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection...
Σελίδα 861 - Any commissioner may be removed by the President for .inefficiency, neglect of duty, or malfeasance in office.
Σελίδα 862 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.
Σελίδα 861 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed.
Σελίδα 854 - Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...
Σελίδα 858 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation...

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