The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Τόμος 2

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Baker, Voorhis & Company, 1911 - 1517 σελίδες
 

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Περιεχόμενα

Personal requirements 840 Perishable freight
717
Business needs of the country
718
Priority of accepted business
719
Assignment of Available Facilities 843 Right to assign facilities
720
Separate accommodations
721
Changing accommodations
722
Insistence upon the unit of service
723
Choice of facilities 848 Separation based upon race
725
Fair Apportionment of Service 850 Duty not to discriminate
728
Serving applicants in rotation
730
Proration of limited supply
731
Distribution of cars to stations
732
No part of the system given preference
733
Apportionment of cars to shippers
734
Basis of prorating cars
735
Private facilities considered in the apportionment
736
CHAPTER XXV
739
Extra charge when fare is paid on train 888 No opportunity to obtain ticket
740
Publication of regulations
741
Changing regulations
743
Waiver of regulations 865 Essential elements of valid regulations
746
Proper enforcement of regulations
747
Topic B Regulations Governing the Service
749
Regulations for limiting the service 868 Regulations relating to acceptance
750
Reasonable conditions of performing service
751
Establishment of stopping places
752
Delivery districts
753
Timetables
755
Waiting rooms
757
Office hours
759
Proper baggage
760
Unusual baggage
762
Regulation of Patrons Conduct 877 Regulations requiring prepayment
764
Regulations to prevent escape from payment
766
Personal behavior of patron
768
Bringing dangerous things prohibited
769
Restriction of patrons position
770
Passengers forbidden upon platforms
771
Regulations governing the supply
772
Use made of equipment
773
Regulations Relating to Tickets 885 Ticket may be made indispensable
774
Failure to produce ticket
775
Ticket agents mistake
779
Mistakes of the conductors
782
Argument for the passenger
783
Argument for the carrier
784
LIABILITY FOR DEFAULT CHAPTER XXVI
786
Reasonable time allowed for performance
789
Special circumstances calling for haste
790
Adherence to schedule time
791
Topic B Deviation from the Undertaking
793
Usual course of performing service 906 Performance in unauthorized manner 907 Transportation over wrong route
795
Essential change by deviation
796
Excuses for Default in Performing Service 909 Natural forces
797
Governmental authority
798
Violent intervention
799
Interruption by strike
800
Interference of patron
801
Press of business
803
Liability Consequent upon Default 915 Delay must be negligent
804
Loss directly caused by delay
805
Loss merely concurrent with delay
806
Extreme liability according to other authorities
808
Negligence contributing to the catastrophe
809
PROTECTION OWED DURING PERFORMANCE
813
FAILURE IN THE UNDERTAKING
840
Topic B Abnormal Liability Rigidly Confined
849
The service must be public 969 The service must be upon a public basis 970 Service undertaken gratuitously 971 Compensation included in the whol...
856
Liability of gas companies 983 Liability of electric companies
862
CHAPTER XXLX
874
Topic B Limitation of Exceptional Liability a Insurer
883
Limitation of valuation generally permitted
899
TERMINATION OF SERVICE
912
Whether Delivery Is Properly Made
934
RESTRICTION OF CHARGES
947
Relation of the particular rate to the whole schedule
957
Rates unreasonable in themselves
958
Value of the service 1074 What the traffic will bear
959
Making rates compared with levying taxes
960
Service of unusual value
961
Subsequent development of the carriers liability
962
Average cost always modified
963
CHAPTER XXXII
965
Cost of Reproduction as the Basil i 1107 The Minnesota rule 1108 The Federal courts opposed 1109 Explanation of the California decisions
966
Argument for the rule of total investment
967
What is the actual cost 1084 Cost enhanced by fraudulent contract
969
Plant built unnecessarily large
970
Plant adapted for a larger population
971
Construction now thought unwise
972
Proportion of plant not now utilized 1089 Equipment long since superseded
974
Capital sunk in past operations
975
Topic B Outstanding Capitalization
976
Normal capitalization outstanding unconclusive 1092 The problem of watered stock
977
Abandonment of par values
978
Bonded indebtedness beyond actual value 1095 Stock issues based upon surplus earnings
979
Securities issued upon reorganization
980
State scrutiny of the issue of securities
981
Existing capitalization hardly excessive
982
Present Value as the Constitutional Basis 1099 Protection of present values
983
Original cost as affecting present value
984
Value as a going concern
985
Whether return allowed on such value
986
Factors disregarded by the reproduction rule
994
Abandonment of the investment test impolitic
995
Two principles still persist
996
CHAPTER XXXIII
997
Interest upon bonds protected
1009
Dividends upon stock protected
1010
Current rate of return
1011
Reasonable profits sufficiently safe
1012
Unreasonable profits not protected 1136 Business profit now recognized
1013
Greater profit for better service
1014
Character of the Enterprise 1138 Larger returns in risky enterprises
1015
Public service has its peculiar risks
1016
CHAPTER XXXIV
1020
Constituent companies operated under separate charters
1021
Salaries paid to officials
1022
Expenditures to get business
1023
Current taxes
1024
Outstanding loans
1025
Topic B Expenditures on the Plant 1158 Expense of maintaining equipment
1027
Losses due to accident
1028
Betterments considered as maintenance
1029
Replacement considered as repair 1162 Renewal of equipment to offset depreciation
1030
Permanent improvements should not be annual charge
1031
New construction should be charged to capital account
1032
A liberal policy desirable
1033
Amortization Requirements J 1166 Depreciation now generally allowed
1034
Full allowance still begrudged
1035
Refusal to allow depreciation
1036
Fund to repair depreciation
1037
Capitalization of past depreciation
1038
Payments into sinking fund
1040
Sinking fund for municipal bonds
1041
Amortization of franchise rights Topic D Operations of Consolidated Properties 1174 Complications in case of systems
1042
System generally taken as a whole
1044
Unprofitable portions of the line not considered
1045
Expenditures for different parts apportioned
1046
Rent of leased portions
1047
If rental becomes unjustifiable
1048
CHAPTER XXXV
1049
Economic Principles Affecting Rate Making 1220 Law of decreasing costs
1050
Allocation of joint costs
1053
Apportionment between interstate and intrastate business
1054
Apportionment of total expense
1056
Basis of the distribution
1057
Proportionate share of different classes
1058
Average rate per unit of service
1059
Recognition of the tonmile cost basis
1060
Tonmile cost basis not oppressive
1061
Authorities permitting disproportionate rates
1062
Authorities opposed to disproportion
1064
Topic B Factors Modifying Average Cost I 1203 Cost of service insufficient in itself
1065
Current theories as to relative rates
1066
Amount of service asked as a factor
1067
Local business peculiarly expensive
1068
Special conditions affecting cost
1069
Circumstances of particular service
1070
The Niagara Bridge Case 1219 These cases apparently distinguishable
1079
Exceptions to law of decreasing cost
1081
Competition as a factor
1082
Policy for permitting competitive rates
1084
Necessary limitation upon these principles
1085
Equalization of commercial advantage
1086
Argument against preferential rates
1087
Conclusion as to proportional rate 1228 Conflicting theories still persist
1088
CHAPTER XXXVI
1090
Basis upon which charges may be made 1242 Establishment of the unit of charge
1099
Methods of computing freights 1244 Different basis in supply services
1100
Requiring metering not discrimination
1101
Query as to the flat rate
1102
Justification of the minimum charge
1103
Principle applicable in all public service 1249 Unit must be reasonable
1104
Reasonableness of the period fixed
1105
Minimum rate distinguished from equipment charge
1106
Initial unit distinguished from repeat unit Topic C The Journey the Unit i 1253 The journey is a single entire unit
1108
Ticket good only for through transportation
1109
Two partial fares for a single journey 1257 Part of journey completed before fare collection
1110
Resumption of journey by ejected passenger
1111
Passenger expelled at a regular station
1112
Change of destination during the journey
1113
Second journey on same train 1262 No separate charge for a part of the transit
1114
The Shipment the Unit
1115
PREVENTION OF DISCRIMI NATION CHAPTER XXXVII
1122
PROHIBITION OF DISCRIMINATION 1280 The rule against discrimination Topic A Development of the Rule 1281 Evolution of the rule
1123
No law originally against discrimination as such
1124
Later rule against unreasonable differences
1126
Special rates may not be discriminatory
1127
Exclusiveness once held indispensable 1286 Discrimination as evidence of unreasonable rates
1128
Complainant charged more than regular rates
1129
Others charged less than regular rates
1131
Outright discrimination universally condemned
1132
Modern law against all discrimination
1134
Necessity for the rule against discrimination
1135
Discrimination inconsistent with public duty
1136
Explanation of this policy
1140
Decisions inconsistent with this policy
1141
Continuing contracts no justification
1142
Whether contracts are different 1299 Rule not limited to discrimination between competitors 1300 Rule universal in public service
1145
Giving free passes discrimination
1146
Statutory exceptions usually made
1147
Reductions for charitable purposes
1149
Concessions for government business
1150
Reductions for general classes
1151
CHAPTER XXXVIII
1154
Competitive conditions no justification
1156
Concessions to get outside business
1157
Rebating to get business illegal
1158
Competitive rates for through business
1159
Topic B Concessions to Large Customers 1318 Whether concessions may be made to large customers
1161
Unreasonable differences universally forbidden
1162
Reasonable differences sometimes permitted
1163
Authority for such differentials
1164
Prevelant doctrine against such concessions 1323 Services to large and small customers practically identical 1324 Company need never grant such re...
1167
Rebates to Exclusive Customers 1325 Whether exclusive policies may be adopted
1168
Such discriminations foster monopolies
1169
Those who use rival line charged more than usual
1170
Lower rates to exclusive customers sometimes permitted
1171
Comparison of these decisions 1330 Customers contracting for large amounts
1173
Customers under exclusive contract to give business
1174
Concessions for Special Kinds of Business 5 1332 Different rates for service differently employed
1175
Such rates allowed by some cases
1176
Repudiation of this doctrine
1177
Supply put to different uses 1336 Discrimination in such supply
1178
Commodities carried of different character
1179
Supply under different conditions
1180
JUSTIFIABLE DIFFERENCES 1340 Propriety of proportionate rates Topic A Actual Differences in Total Costs 1341 Extent of the rule against disc...
1181
Differences in the cost
1183
Economies in passenger transportation 1344 Economies in freight transportation
1184
Different charges for different service
1185
Topic B Service in More Convenient Units 5 1348 Shipment in carloads
1187
Shipments made in bulk
1188
Comparison of bulk and package rates
1189
Shipments in train loads
1190
Regular shipments in large units 1353 Units in passenger service
1191
Operating units in supplying service
1192
Such reductions apparently discriminatory Topic C Facilities Furnished by Customers 1356 Terminal facilities furnished by shippers
1194
Transportation expenses paid by shipper 1358 Rental paid for shippers cars
1196
Allowances for facilities closely scrutinized
1197
CHAPTER XL
1205
Evidence of disproportionate charging
1207
Railroad rates not upon a mileage basis
1208
Various systems of making distance rates
1209
Long and short haul 1376 The similar circumstances proviso
1210
Competition as a justification for disproportion
1211
Undue preference
1213
Argument for competitive rates
1214
Competitive rates must not be ruinous
1215
Reconsignment arrangements
1216
Back freights 1383 Equalization of economic advantage
1217
Law against commercial equalization 1385 No obligation to make preferential rates 1386 Due consideration of true differences
1220
Topic B Discrimination Between Services Rendered i 1387 Disproportionate rates for different services
1221
Charging what the traffic will bear 1389 Difference in rate between freight classes
1222
Differences should not be grossly disproportionate 1301 Comparison the basis of the differential
1224
Difference in commodity rates
1225
Rates vary with values 1394 Improper to equalize values
1226
Policy against all discrimination
1227
Relative discrimination inconsistent with public duty
1228
CHAPTER XLI
1230
1431 1432 When rates are confiscatory When fair net earnings left Reasonable rates not necessarily profitable
1231
Power to regulate not a judicial power
1233
Power to regulate not strictly legislative
1234
Power to regulate is administrative
1235
Regulating body presumably reasonable 1406 Duty of the courts to decide reasonableness
1236
Topic B Method of Exercising the Power to RegulaU 1407 Fixing rules by legislation 1408 Delegation of regulating power
1237
Functions of administrative commissions
1238
Action by municipal or other local government
1240
Function of the courts in declaring regulation void 1412 When suit is against State official
1241
Division Between Federal and State Jurisdiction i 1413 What constitutes interstate commerce
1242
Continuous carriage under common control
1243
Continuity of interstate shipment
1244
Carriage wholly within the State
1246
State legislation burdening interstate commerce
1247
Scope for State police power
1248
Effect of action by Congress
1249
Power of Congress to regulate
1250
Impairing Obligation of Contract f 1421 Contract character of charter privileges
1251
Express contractual provision necessary
1252
Conferring powers does not create contract 1424 Contracts made by municipal ordinance
1253
Loss of the privilege
1254
Assignment of the privilege
1255
Topic E Confiscation of Property
1256
The doctrine of the Granger cases 1428 Early modification of the doctrine 1429 Fair return finally protected
1258
Topic F Due Process of Law 1433 Imposition of absolute liability 1434 Requiring service outside employment
1263
Police power unusually extensive
1264
Regulation must not be discriminatory
1265
New limitations upon industrial liberty 1438 Differentiation of the public services
1266
Ultimate regulation of all monopoly
1267
State control not socialism
1268
Regulation of transportation
1273
Unjust discrimination defined and forbidden 3 Undue or unreasonable preference or advantage forbidden
1278
Long and short hand provision 5 Pooling of freights and division of earnings forbidden 6 Printing and posting of schedules
1280
Continuous carriage of freights 8 Liability of common carriers for damages
1284
Election whether to complain to the commission or bring suit 10 Penalties for violations of act by carriers
1285
The Interstate Commerce Commission
1288
Powers and duties of the commission
1289
Complaints to commission
1291
Commission must make reports
1292
Commission may prescribe rates and classifications
1293
Award of damages by commission
1298
16a Commission may grant rehearings
1300
Form of procedure
1301
Organization of the commission 19 Office of the commission
1302
Annual reports to commission
1303
Annual reports of the commission
1307
Persons and property that may be carried free or at reduced rates 23 Jurisdiction of United States courts 24 Constitution of the commission APPENDI...
1309
THE COMMERCE COURT
1311
Interlocutory injunctions restraining enforcement of State statutes
1321
APPENDIX D
1330
FORMS FOR PROCEEDINGS INVOLVING COMMISSIONS
1339
Negligence in not avoiding the catastrophe
1393
Absolute liability the result of deviation
1395
Absolute liability of special contract
1396
Allowances for facilities still permissible
1398
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Σελίδα 959 - 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 1266 - 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 1265 - ... 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 1255 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Σελίδα 1264 - ... the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven 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 1250 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Σελίδα 1265 - 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 1261 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Σελίδα 1301 - ... in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said act to regulate commerce and the acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said act to regulate commerce and the acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced.
Σελίδα 1283 - 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...

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