The Law of Railroad Rate Regulation: With Special Reference to American Legislation, Τόμος 2

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W.J. Nagel, 1906 - 1285 σελίδες
 

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Partial continuance of regulation to modern times
14
Persistence of principle accompanying change of conditions 13 Application of the principle to commodities in new countries
16
Monopolies established by patents from the crown
17
Grant of franchises in modern times
18
Persistence of the class of public callings
20
Introduction of improved highways by private enterprise 18 Tollbridges and turnpikes as illustrations 19 Canals and waterways as illustrations
22
Early decisions as to gas supply an illustration
25
Early decisions as to waterworks an illustration
26
Cotton press as a modern illustration 24 Stockyards as a modern illustration
27
Conservative and radical views concerning the public services
29
GROWTH OF THE PUBLIC EMPLOYMENTS S 26 Extension of the application of the principle in recent times
30
Growth of the public service companies in late years
31
Grain elevators as an illustration
32
Warehouses as an illustration
34
Associated Press as an illustration
35
Ticker service as an illustration
36
The public services as virtual monopolies
37
Overshadowing importance of the problem of rate regulation
38
Rate regulation at the present time
39
PART I
41
Power of eminent domain
42
Pipe lines as an example
44
Cemeteries as an example
45
Aid from taxation
46
Irrigation canals as an example
47
Grist mills as an example
49
Logdriving corporations as an example
52
Use of the streets 52 Street railways as an example
53
Electrical subways as an example
54
General conclusions relative to special legal privileges
56
VIRTUAL MONOPOLY AS A GROUND OF PUBLIC POSI TION OF THE CARRIER 55 Virtual monopoly the true ground for regulating public c...
57
5i Monopoly due to character of business
58
Water works as an example
59
Natural gas as an example
61
Gas works as an example
62
Electric plants as an example
65
MONOPOLY OF THE ESTABLISHED PLANT S 61 Monopoly due to established plant
67
Telegraph service as an example
68
A RULES OF PRACTICEINTERSTATE COMMERCE
69
Telephone service as an example
70
Sewerage system as an example
72
Docks as an example
74
General conclusions as to virtual monopolies
75
Law governing all public employments the same
76
CHAPTER III
78
Carriage oi goods by servant of a carrier 73 Carriage of passengers by servant of a carrier
81
Carrier must control the thing carried
82
Cattle carried with a drover furnished by the owner 84 Goods taken across a ferry by the owner
93
Goods carried across a bridge 86 Issue of bill of lading without receipt of goods
95
TRANSPORTATION NECESSARY FOR THE CONCEPTION OF CARRIAGE 87 Carrier must undertake transportation
96
Storage hulks not carriers
97
Log drovers not carriers 90 Drovers of cattle not carriers
98
Vehicles leased for carriage
99
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways
100
Chartered accommodations 95 Refrigerator car lines not carriers
101
Sleeping car companies not carriers 97 Forwarding agents not carriers
103
TOPIC F REGULAR BUSINESS 133 Special agreement
106
TOPIC B PRIVATE BUSINESS
109
CASUAL EMPLOYMENT
119
SPECIAL ARRANGEMENTS AS TO THE CARRIAGE
125
TOPIC E EXTENT OF THE PUBLIC PROFESSION
132
Establishment of regular charge 135 Permanent profession
140
General practice
141
CHAPTER V
142
Pass issued for business reasons
145
Carriers services in returning goods compensated
146
Carriage of baggage is compensated
147
Baggage carried without compensation
149
Baggage carried apart from the passenger
151
TOPIC B GRATUITOUS ARRANGEMENTS S 148 Gratuitous carrier liable for negligence
152
Gratuitous passenger
154
Carriage of children and servants
157
Riding by mistake
158
SPECIAL CLASSES OF PERSONS 152 Mail clerks and express messengers
159
Employes of the carrier
160
Persons never accepted in a proper place not passengers 155 Carriage of goods secured by fraud
162
Stealing a ride
163
Riding on invalid ticket
165
Attempt to escape conductors notice
166
CHAPTER VI
171
Wagoners
172
Hoymen 175 Ships
173
Canal boats
174
Steamboats
175
Railways
176
Draymen 180 Transfer companies
178
Express companies
179
Dispatch companies
182
Messenger companies
183
Towboats
184
Ferrymen
186
Stage coaches
187
Hackmen 188 Street railways
189
Passenger elevators
190
Pleasure railways
191
Primary Duties of Common Carriers CHAPTER VII
193
Person desiring shelter merely 204 Person desiring to transact business
196
Sleeping and parlor car subject to similar rule 206 Person demanding incidental services 207 Person assisting or meeting passengers
198
Right involved is that of the passenger
200
TOPIC B TENDER OF COMPENSATION EEQUIEED 210 Payment of fare as condition of receiving 211 What is sufficient tender of fare or freight
203
What denomination of money may be tendered
204
Tender of money refused as counterfeit 214 Tender of fare usually waived by the carrier
206
Goods must be tendered to the carrier at proper time
207
Passengers must enter vehicle at proper time 217 Goods must be tendered properly packed
208
Special freight may require special tender
209
Shipments in bulk should be received under proper conditions
211
Reception of live stock TOPIC D TRANSPORTATION MUST BE DEMANDED AT A PROPER PLACE 221 Tender for carriage must be at the pro...
213
Extent of carriers route 223 The establishment of stations must be reasonable
214
Establishment of stations by legislation
215
Requirement of stations by the courts conservative view
216
Progressive view of the question of stations
218
Carriers between certain stations only
220
CHAPTER VIII
222
Whether excused from serving by Sunday laws
226
Whether excused from transporting intoxicating liquors for illegal sale 237 Excused from carrying passengers who intend to do illegal acts
227
Exclusion of persons dangerous or annoying to other passengers 239 Violent persons may be excluded
229
Insane persons may be excluded
231
How intoxicated persons must be treated
233
Exclusion of indecent and profane persons 243 Exclusion of persons who bring dangerous or obnoxious articles to the vehicle
236
APPLICANT UNDER DISABILITY 244 How far blind persons may be excluded
237
How sick persons must be treated
239
REFUSAL UPON PERSONAL GROUNDS 246 General obligations to serve
240
24 Refusal to carry because of color or race 248 Refusing distasteful people
241
Refusing on moral grounds
242
CHAPTER IX
244
Right to suspend service TOPIC A PRESS OF BUSINESS 262 Lack of vehicles
245
Sudden press of business 264 When usual business is provided
246
When expected business is not provided for TOPIC B ORDER OF PREFERENCE IN CARRIAGE 266 Order of preference as between different class...
248
Public necessities considered in determining preference 268 No preference justifiable between goods of same nature
250
Order of preference between stations
251
No part of the system should be given preference
252
Order of preference between shippers
253
Apportionment of cars to shippers
254
INTERRUPTION BY STRIKE 273 Refusal to receive because of strike is not justifiable
256
Deficient service not excused by strike
258
WITHDRAWAL FROM THE BUSINESS
262
Whether there is an obligation to operate the whole system 278 Obligation to serve according to charter provisions 279 Service must be continued ac...
265
Partial withdrawal permitted
267
Whether permanent abandonment is permitted 283 Complete abandonment permitted
269
CHAPTER X
271
Carriers must take passengers who come by rival lines
273
Railroads cannot refuse to take freight from those who deal with a rival
274
Competitors have same rights as general public
275
A competitor cannot be refused as a passenger
276
Shipments made by a rival must be taken
277
Rivals cannot demand use of facilities 299 Passenger making use of carriers facilities in his own business
278
Carrier not bound to carry packed parcels
279
PROTECTION OF A COLLATERAL BUSINESS 301 Right to engage in an independent business
280
Carrier discriminating in favor of itself
281
Railroad cutting its own rates for itself
282
Charging its competitors higher relative rates
285
Whether a collateral business is ultra vires
286
Whether collateral businesses should be permitted
287
REGULATION OF RAILROAD RATES IN ACCORD ANCE WITH COMMON LAW PRINCIPLES
291
PART I
293
Tests of the reasonableness of a schedule
296
Many elements to be taken into account
299
Interests of the companies to be considered
300
Interests of the public to be considered
302
Accommodation of the interests of both sought
304
When fair net earnings left notwithstanding reduction of particular rate?
305
TOPIC B THE PARTICULAR RATES CONSIDERED SEPARATELY
306
Arguments for the radical view
307
Value of the service to the person served
308
The complexities of the general problem
309
Application of both tests necessary
310
Relation of a particular rate to a whole schedule
312
TITLE II
313
Possibility of increase of business if rates are lowered 325 Inherent difficulties in accommodating all tests
314
Governmental regulation for the best inirests of all concerned 327 State of the authority upon the general subject
317
Reasonableness of Schedule as a Whole CHAPTER XII
319
present value as the basis of regulation
320
Comparison of these theories of capital charge 333 Cost of reproduction as a basis
322
Money invested as a basis
323
Outstanding capitalization as a basis 336 Present value as a basis
324
Competition of these different theories
325
TOPIC B THE ORIGINAL COST AS THE BASIS OF REGULATION BY THE COMMON LAW 338 The investment as the capital entitled to return
326
Argument for the rule of total investment
328
What is the actual cost
329
Cost to the public service company enhanced by fraudulent contract
331
Lnwise construction 343 Plant unnecessarily large
332
Portion of plant not yet in
333
Cost of unsuccessful experiments TOPIC C OUTSTANDING CAPITALIZATION INCONCLUSIVE S 346 Watered stock
334
Nominal capitalization inconclusive 348 Stock issues outstanding deceptive
337
Bonded indebtedness beyond present value of security
338
Cost of buying up constituent roads of the present system and converting them to electric roads
339
TOPIC E THE COST OF REPRODUCTION AS THE BASIS OF VALUE
348
TOPIC F FRANCHISE AND GOODWILL WHETHER ENTITLED
354
CHAPTER XIII
364
The rate of return upon investments in general
375
Rates at which governments can borrow no criterion
377
ilore than current rates of interest not secured to bondholders
378
Prevailing rate of interest allowed
379
DIVIDENDS ON STOCK S 393 Reasonable dividends allowed
380
Current rates of return 395 Usual business profit
383
Rate of return dependent upon locality
384
Paying dividends dependent upon commercial conditions 398 Recoupment in prosperous times
386
No right to raise rates in prosperous times 400 Creating a fund for payment of uniform dividends
387
RATE OF BETURN DEPENDENT UPON THE CHARACTER OF THE ENTERPRISE 401 Larger returns in risky enterprises
388
Hazards of the business considered
390
Whether the return upon all property should be the same
391
Rate of interest dependent upon the safety of the investment 405 Risk by reason of depreciated security not considered
394
General policy for allowing fair return
395
CHAPTER XIV
397
Items in cost of performing service
400
Net earnings in general
401
Expense of equipment and maintenance
402
Cost of rolling stock
403
Cost of supplies
404
Salaries of officials
405
Estimating labor cost
406
Taxes
408
Losses by accident
409
Expenditures to get business
410
Unreasonable expenditures
411
Improvident expenditures
412
TOPrc B CONSTRUCTION ACCOUNTS Betterments considered
413
Improvement of existing plant
414
Replacement considered as repair
416
Permanent improvements should not be annual charge
417
DEPRECIATION REQUIREMENTS 8 430 Allowance for depreciation
420
Renewal of equipment to offset depreciation permissible 432 Fund for repairs
422
Authorities refusing to allow depreciation
423
Sinking fund requirement 435 Sinking fund for municipal bonds
425
Amortization of franchises
427
PAYMENTS MADE TO HOLDERS OF SECURITIES 437 Whether interest on bonds is properly an annual charge
428
Dividends payable not classified as an annual charge
429
CHAPTER XV
430
Methods of consolidation
432
Divisions as integral parts of the whole system
433
Branch lines
434
Unprofitable portions of the line not considered
435
Whole systems should be taken together 447 Rates on different parts of same system apportioned
437
System taken as a whole
440
When constituent roads are operated under separate charters 451 Systems considered as wholes
441
When corporations of diverse characters held
442
LEASED LINES 453 Rent of leased roads
443
Rental must be fixed in good faith
444
If rental becomes unjustifiable 456 Betterments of leased roads
445
PECULIAR EXPENSE OF THE PARTICULAR SERVICE S 457 Special circumstances affecting the particular rate
446
Divisions built through a difficult territory
447
Divisions in sparsely populated territory
448
Way stations
449
General requirements may produce particular losses
450
Plant adapted for larger population
451
TOPIC E DIVISION BETWEEN INTERSTATE AND INTRASTATE BUSINESS 463 Alternative theories of apportionment 464 Whether State lines...
452
Reasonableness of Particular Rates CHAPTER XVI
457
Basis of proportionate rate the tonmile cost
459
Cost of carriage as a factor affecting particular rate
460
Insufficiency of the principle of the cost of service
462
Length of haul as a factor affecting a particular rate
463
Constitutional requirements for division
465
Limitation upon the law of increasing returns
466
Increased volume of traffic causing increase of cost
468
TOPIC B VALUE OF THE SERVICE AS THE BASIS OF RATE MAKING
469
What the traffic will bear as a factor affecting particular rate 482 Essential defects in the principle of charging what the traffic will bear
470
Making rates compared with levying taxes
471
Rates may be shown to be unreasonable in themselves 485 Adjustment between the claims of the company and the patron
474
Equalization of advantage as a factor affecting the particular rate
475
Carriers not obliged to equalize disadvantages
476
Competition as a factor affecting the particular rate
477
Conclusion as to proportionate rate
478
Classification the method of establishing the particular rate 491 All factors enter into the determining of a particular rate
479
CHAPTER XVII
481
TOPIC E RATES DICTATED BY COMPETITION 530 Rates may be made to meet competition
482
Limitations within which rates must be made
483
Unreasonable regulation forbidden
484
Value of the services constitutes maximum limit of charge
485
Company cannot make unreasonable rates
486
Reasonable rates not necessarily profitable
487
Company cannot justify exorbitant profits 507 Application of these principles to passenger fares
488
TOPIC B BASING RATES UPON COST OF SERVICE 508 Difficulties in dividing joint costs
489
Cost of senice different for different railroad systems 510 Cost of service different for different parts of the same system
491
Cost of service estimated from special expenditures in moving goods
492
Rule of proportionality in sharing costs 513 Law of decreasing costs
494
Cost of service a principle applicable to passenger fares
495
RATES REASONABLE IN THEMSELVES 515 External standards of reasonableness 516 The carrier is entitled to reasonable compensation
497
425
498
Evidence inadmissible unless conditions are similar
499
Comparison of rates between different localities unjustifiable 520 Discussion of Cotting v Kansas City Stock Yard Company 521 Discussion of Canad...
501
RATES BASED UPON VALUE OF SERVICE TO THE SHIPPER 523 What the traffic will bear
505
Legal limitations upon this principle necessary 525 Limit of value of service not necessarily limit of charge
506
Traffic will continue to move at unfair rates
508
Worth of the service to the individuals served taken as a whole
509
Cost of obtaining a substitute for the service furnished 529 Charging what the traffic will bear hardly applicable to passenger fares
512
Policy for permitting competitive rates
513
Competitive rates may be made low enough to hold business
514
Rates must not be reduced by competition below a remunerative basis
515
Standard rate among competing lines
516
Competition not a ground for raising rates
517
Absence of competition does not justify increase in rates
518
TOPIC F RATES DESIGNED TO EQUALIZE ADVANTAGES 538 Limited operation of the principle of equalization at
520
Relative rates need not be adjusted from a commercial standpoint 540 Business situation should not be ignored altogether
522
Rates should not equalize differences in value
523
CHAPTER XVIII
525
Vegetables for table use 572 Perishable articles of food
526
General principles governing differences between classes 605 Low grade commodities may be carried at rates relatively low 606 High grade commo...
527
The necessity of classification for convenience in rate fixing
528
The history of classification in the United States 555 Uniformity of classification attempted
529
Classification necessarily imperfect
530
Classification not unduly minute
532
Dry goods
548
Comparison of unlike things
549
Differences between commodities
550
CONVENIENCE IN HANDLING 579 Classification based on nature and size of package
551
Shipment in small packages 581 Shipment in form more convenient for handling
552
Shipment in form permitting greater car load
554
Classification based on volume of business
555
Large volume of traffic in a certain commodity
556
Volume of traffic in general considered 586 Perishable freight
557
Traffic handled in special trains
558
Special equipment not necessary for the traffic
559
Less than usual care required
561
TOPIC E VALUE OF THE GOODS 590 Value of the goods as an element in determining classification
562
Difference between values justifies difference in classification 592 Different classification of anthracite and bituminous coal
563
Market value rather than intrinsic value
564
Differing value of same kind of freight
565
Low value of goods as reducing classification
567
Principles upon which rates for different commodities should be made
576
Reasonableness tested by comparison
577
CHAPTER XIX
579
Equal mileage rates impractical 624 Rates are in rough proportion to distance normally
582
Different cost of service heavy grades
583
Competition modifying distance rates
584
Comparison of through rates and local rates
585
Difference in charge for carriage in opposite directions 629 Low back freights justifiable 630 Creation of a market by preferential rates
587
Equalizing manufactures in different localities
588
Grouping by reason of competition in the articles transported
590
Grouping must be reasonable
591
When uniform rate to a group of stations is justifiable 637 Basing points established
593
J38 Basing points justified
594
Carriers may combine in a joint rate
595
C40 The entire rate must be reasonable
596
Share of separate carrier as evidence of unfairness of entire rate 642 Through rate need not be a reduced rate
597
Through rate may be given although transit is broken
598
Certain objections to the practice of giving privileges in transit considered
599
Rebate on reshipment
600
A through arrangement necessary to justify such privileges 647 Dangers in giving privileges in transit
602
Through passenger accommodations
603
Export and import rates considered 650 Import rates may be regulated by competition
604
Export rates regulated by competition
606
Foreign competition justifies only necessary difference in rate 653 Limitations upon making export and import rates
608
CHAPTER XX
610
Established classification prima facie reasonable
612
No presumption from continuance of classification under order of commission
613
Publication of change of rate requisite
614
Classification aheet not varied by contract or representation 667 Methods of charging in rate making
616
A minimum rate is justifiable
617
Where minimum is fixed excess may be charged
618
Minimum weights with provision for refund of excess
619
The journey is a single entire unit
620
Fare demanded at any point on the journey
621
Ticket entitles passenger to carriage for a single journey 674 Passenger cannot take two journeys for a single fare
622
Passenger cannot pay two partial fares for a single journey
623
Part of journey completed before collection of fare
624
Resumption of journey by rejected passenger
625
Passenger expelled at a regular station
626
Change of destination during the journey
627
Second journey on same train
628
Nonpayment of charges for prior carriages
629
Effect of repudiation upon the applicants rights
630
THE SHIPMENT THE UNIT IN THE CARRIAGE OF GOODS 683 Maritime freight
631
Passenger fares generally on a mileage bas
632
Right to compensation by agreement in case of carriage by sea 685 Right to freight on land 686 Effect of carriage over a portion of the journey
633
No freight without delivery
634
Freight indivisible as a rule
635
Entire freight when goods arrive damaged
636
Effect of partial delivery 691 Lien for entire charge on every part
638
No lien except for specific charge
639
ADDITIONAL CHARGES FOR SEPARATE PARTS OF THE SERVICE 693 General principles as to additional charges 694 Whether extra charges ...
640
Foreign system of itemized charge 696 Charges for service before carriage is undertaken
642
Freight should cover the entire carriage 698 No separate charge for a part of the transit
644
Charges for services during transportation
645
Terminal facilities usually included in the rates
646
Terminals regarded as connections
647
Services after carriage is ended
648
Storage charges
649
Demurrage of cars
650
PART II
652
WHAT CONSTITUTES DISCRIMINATION 731 Not nil differences are discriminatory 732 Whether the rule is limited to discrimination between co...
653
No rule against discrimination as such
661
Discrimination as evidence of unreasonable rates
662
Special concessions may be made from established rates
664
Outright discrimination unreasonable
666
Undue preferences forbidden
667
Special rates may not be discriminatory
668
Exclusiveness of the privilege creates discrimination TOPIC C VIEW THAT DISCRIMINATION ILLEGAL IN ITSELF
669
Necessity for the rule against discrimination 725 Evils of discriminations between competitors
671
Discriminations foster monopolies
673
Public injury by discriminations in freight rates
675
Public wrong in giving free passes to passengers
676
Giving free passes prima facie discrimination
677
Whether differences in the conditions of service may be recognized
683
Differences may be made proportionate to the cost of service
684
TITLE L
686
Whether concessions may be made in competition
687
Competitive conditions do not justify making discriminations 744 Reductions to get competitive business illegal
689
Concessions allowed by some cases to get shipments from outlying territory
690
Such concessions forbidden by later cases
691
Shippers making expensive preparations cannot be favored
692
Additional services performed for certain shippers
693
Whether concessions may be made to large shippers
694
Unreasonable differences forbidden by all courts
695
Reasonable differences permitted by some courts
697
Prevalent doctrine that no reduction should be allowed 753 Reductions to large shippers unjust to small shippers
700
Services to large shippers and to small shippers practically identical 755 Reductions to passengers in parties
703
Such differences held illegal discrimination by other cases
717
Rates to certain classes of shippers
718
When commodities are of different character
719
Special classes of passengers
720
CHAPTER XXIII
722
TOPIC A REASONABLE DIFFERENCES IN RATES 77J Modification of the rule forbidding different rates 772 Rates should not be disproportionate
723
Consideration of the cost of serving
724
Shippers requiring less service
725
Differences in the character of the service recognized
726
Shipment in car loads
727
Advantages of ear load traffic 778 Permission to mix carloads 779 Lower rates for shipments in bulk
730
Shipments in train loads problematical 781 Contracts for regular shipments
731
OTHER CONSIDERATIONS FOR REDUCTIONS
740
TITLE II
746
i
754
Duty toward hackmen considered 810 Cases permitting discrimination between hackmen
757
Cases forbidding discrimination between hackmen
759
812 Discussion of the duty toward hackmen
760
Hauling sleeping ears
762
Favoring certain eating houses
763
Treating baggage transfer men with equality
765
Granting concessions for private businesses
767
PRIVILEGES AT FREIGHT TERMINALS 817 Special privileges at freight terminals
768
Arrangements with stockyards
769
Contracts with grain elevavtors 820 Access to connecting steamboats
771
No access owed except at wharf stations
772
Rights of compelling draymen 823 Permitting limitation of telephones 824 Fostering monopoly in public services
776
CONNECTING CARRIERS f 825 Discrimination between connecting carriers
777
Goods requiring further transportation
778
Transportation in the same cars
780
Such transportation held obligatory 829 Through traffic agreements
781
Through arrangements compelled
782
CHAPTER XXV
785
Discrimination as evidence that the higher charge is unreasonable
786
Weight to be given to such evidence
787
Lower rate as evidence of unreasonableness of higher
789
Higher rate not necessarily unreasonable
790
What circumstances may be considered 837 Elements affecting cost of service at one point
791
General principles of statutory regulation
792
426
801
EXAMINATION OF AMERICAN LEGISLATION
813
TOPIC B LEGISLATION IN AMERICAN STATES
819
CHAPTER XXX
823
TOPIC E THE RATE REGULATION ACT OF 1906
824
Extension of scope of the Interstate Commerce Act 886 Private switches
826
Private ear lines 888 Dealing by railroads in commodities
828
Rate fixing and court review
829
Through routes and rates
830
INTERPRETATION OF THE INTERSTATE COMMERCE
831
What are States 896 Nature of interstate traffic
835
Termini within a single State route passes through a second State 898 Breaking continuity of interstate shipment
836
End of the interstate transit TOPIC C CONTINUOUS CARRIAGE UNDER COMMON CONTROL 900 Common arrangement
837
TOPIC I CARRIERS SUBJECT TO THE
838
Kind or carrier subject to the act 902 Carriage wholly within the State
839
Local carrier taking part in through carriage
840
CHAPTER XXVIII
841
Schedule as a whole important where rate is fixed by public authority TOPIC B THE PARTICULAR RATE 917 Customary rate presumably reasona...
844
General principles
845
Comparison with other rates
846
Special service 921 Incidental charges
847
Conditions
848
Route 924 Cost of service 925 Value of service to shipper
849
Value of goods 927 Amount
850
Distance 929 Through rates
851
CLASSIFICATION 930 General principles of classification
852
Instances
853
UNREASONABLE RATINO 932 General principles 933 Passenger rates
855
Freight rates instances
856
Not required by original act 936 Switching privileges
868
CHAPTER XXIX
869
What discrimination is forbidden
873
What preference is undue and unreasonable
874
Device for concealing preference unavailing
875
Preference in certain services permissible
876
Effect of illegality on contract of carriage TOPIC B LIKE AND CONTEMPORANEOUS SERVICE 948 Difference in time or place
877
Difference in nature of service TOPIC C SUBSTANTIALLY SIMILAR CIRCUMSTANCES AND CONDITIONS 950 What circumstances can be co...
878
Occupation of passenger or shipper
879
Difference in amount of shipment 953 Discrimination in use of cars
880
Discrimination between commodities
881
What amounts to a rebate 956 Allowance for cars or facilities furnished by the shipper
882
Division of rate with industrial railway 958 Sale and delivery of commodities by a railroad
883
TOPIC E EXCEPTIONS 959 Statutory exceptions not exclusive
885
Carriage for the government 961 Ministers of religion 962 Officers and employees 963 Mileage excursion and commutation tickets
886
DISCRIMINATION BETWEEN LOCALITIES 971 Provisions of the statute 972 Amendments of 1906
888
Distance as a factor in the rate
890
Group rates 976 Difference between through and local rates
891
Equalizing advantages
892
Discrimination against staple industry of a locality 979 Milling or compressing in transit
893
Discrimination in facilities 981 Instances of local discrimination
894
TOPIC B SUBSTANTIALLY SIMILAB CIRCUMSTANCES AND CONDITIONS S 982 Substantial difference of conditions
896
Competition
897
LONG AND SHORT HAUL
898
General principles governing the section 985 Competition 986 Relief from operation of the section
899
CHAPTER XXXI
900
Carriage through in same
903
Continuous carriage 996 Discrimination between connecting lines
904
Discrimination in furnishing optional facilities
905
Use of tracks or terminal facilities
906
Carrier may select connecting line 1001 Establishment of through route by agreement
907
PROHIBITION OF POOLING
908
Pooling
909
CHAPTER XXXII
910
Terminal and refrigerating charges
914
Rules and regulations
915
Printing and keeping open to public inspection 1017 Posting in station
916
TOPIC B VARIATION FROM SCHEDULE 1018 Any variation forbidden 1019 Devices to avoid the section
917
Rate wars TOPIC C FILING OF SCHEDULES AND AGREEMENTS 1021 Purpose of the filing 1022 Presumption of legality
918
JOINT TARIFFS AND SCHEDULES 1023 Meaning of joint tariff
919
Making and filing 1025 Whether routes must be published 1020 Export rates
920
TOPIC E FORM OF SCHEDULES 1027 Clearness of statement 1028 Necessary fullness of statement
921
Invalidity of the varied rate
922
CHAPTER XLI
931
Decision of the Supreme Court
934
PROPER PARTIES S 1051 Person interested as complainant
938
How the party may reopen case 1086 New petition may be filed
939
TOPIC A PROCEEDINGS ON ITS OWN MOTION
950
Complaint by association
955
Board of Trade
956
State Railroad Commission 1055 Complainant not coming with clean hands
957
Proper parties defendant 1057 Necessary parties defendant
958
Supervening receivership 1059 One of several joint parties
959
Parties must have an interest
960
Intervening parties TOPIC D ORDER OF PROCEDURE 1062 Default 1063 Stay of proceedings 1064 Continuance for settlement
961
TOPIC E EVIDENCE AND BURDEN OF PROOF S 1065 Testimony on both sides should be introduced 1066 Acts of Commission need not be prov...
962
Privilege against selfcrimination
963
Production of books and papers
964
Order to carrier to produce books
966
Methods of avoiding inconvenience of producing all books 1072 Petitioner thus gets all material and proper evidence
967
Examination of witnesses upon prepared statements 1074 Hearing held where books are kept 1075 Adverse interest of witnesses not to be considered
968
Rights of parties must be preserved
969
Presumptions
970
Burden of proof
971
TOPIC F FINDING OF THE COMMISSION 1079 Dismissal when order unnecessary 1080 Reparation
972
Proof of damage required
973
Conditions of granting reparation 1083 Finding of Commission does not work an estoppel
974
Difference of parties
975
Reopening a case for rehearing
977
Form and requisites of petition for rehearing
978
Provisions of the statute 1092 Amendments of 1906
979
Remedy in equity
996
Mandamus
997
Action for damages 1097 Criminal prosecution
998
Procedure under the Elkins
1000
Enforcement of order of the Commission
1001
TITLE II
1004
Alabama 1102 Arkansas
1005
Florida
1006
Georgia 1105 Illinois
1007
Iowa 1107 Kansas
1008
Kentucky 1109 Massachusetts 1110 Minnesota
1009
Mississippi 1112 Missouri
1010
New York
1011
North Carolina 1115 North Dakota 1116 South Carolina 1117 Tennessee 1118 Texas
1012
Vermont
1013
West Virginia 1121 Wisconsin 1122 Conclusion
1014
1148
1015
427
1021
TABLE OF CONTENTS
1027
CHAPTER XXXVIII
1039
CHAPTER XL
1081
STATUTORY PROVISIONS FOR COURT REVIEW 1281 Introduction 1290 Missouri 1282 Alabama 1291 North Carolina 1283 Arkansas 1292 N...
1102
PART II
1119
Power to pass on reasonableness of rates
1121
Power to fix rates 1304 Power to fix rates not a judicial power
1122
Power to fix rates not strictly legislative
1123
Power to fix rates executive or administrative
1124
TOPIC B METHOD OF EXERCISING THE POWER TO FIX RATES 1307 Fixing rates by statute
1125
Legislation must be general
1126
Fixing rates by subordinate body
1127
Fixing rates by municipal or other local government
1128
Fixing rates by inferior courts 1312 Fixing rates by administrative commissions
1129
Duty of the courts to pass on reasonableness of rates
1130
Suit against State official to declare rate void 1316 Function of the courts in declaring rate void
1131
Rate constitutional as to one road not as to another 1318 Statute constitutional in part
1132
Delegation of ratemaking power
1133
Delegation of power without appeal to the courts
1134
Temporary interruption of appeal to the courts
1135
Action of the ratemaking body as evidence of reasonableness 1323 Confusion of the powers of government
1136
Charter of corporation as contract against ratefixing
1137
No contract without express provision 1326 Conferring ordinary powers does not create contract
1138
Contracts made by municipal ordinance
1139
Charter by Congress 1329 Nonuser and waiver of the privilege of exemption
1140
Assignment of privilege of exemption
1141
Unreasonably low rates constitute a taking of property 1332 The doctrine of the Granger Cases
1143
Early modification of the doctrine
1145
The rule finally established
1146
Exceptional rates forbidden
1147
CONSTITUTIONAL POWER OF CONGRESS OVER INTERSTATE RATES
1148
Power to fix rates appears to be given to the Congress 1337 Power to fix rates is inherent in legislative power to regulate carriage 1338 Congress allo...
1149
Power of Congress to fix rates for interstate commerce has been assumed
1150
428
1226
Value of the commodity not of the greatest importance
1241
429
1244
Riding free by connivance of the conductor 160 Guest of servant of the carrier
1253
Methods of division
1258
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Σελίδα 1175 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Σελίδα 1076 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Σελίδα 1097 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith...
Σελίδα 921 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved...
Σελίδα 1019 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Σελίδα 38 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Σελίδα 862 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Σελίδα 1224 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Σελίδα 979 - 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 documentarv evidence before the Commission, as hereinbefore provided.
Σελίδα 951 - 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...

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