Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce

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Baker, Voorhis & Company, 1915 - 1210 halaman
 

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Survival of the common
11
Topic B Persistence of State Regulation 12 Introduction of improved highways
12
The building of turnpikes
13
The era of canal construction
14
The coming of the railways 16 Transportation facilities as a class 17 Alteration in economic conditions
15
Development in the common law 19 Special restrictions in early charters
16
The struggle against encroaching monopoly
17
Conservative and radical views of regulation
18
State Control of Public Utilities
19
Modern Regulation of Public Services 32 Necessary regulation of virtual monopoly
27
Economic conditions at the present time 34 Control of the public services
28
Differentiation of the public service
29
Unity of the public service
30
The modern programme of State control 38 Overshadowing importance of rate regulation
31
Present state of the public service
32
Ultimate limitations upon public employment
33
State control not socialism
34
The Establishment of the Federal Commission 70 The Interstate Commerce Act of 1887
35
CHAPTER II
35
Installation of private switches 82 Regulation of private facilities 83 Power to fix maximum rates 84 Ordering through routes and rates 85 The proble...
36
Development of legislative control
37
Topic A Course of Legislation in England 52 Carriers liability before 1830
38
The Railway and Canal Traffic Act of 1854
39
The Railway and Canal Commission
40
Scope of its powers
41
Increase by later amendments
42
Influence of English legislation
58
Authority of English decisions
59
The Granger rate legislation
60
Topic A Foreign Commerce 112 Foreign carriers 113 Ocean carriers 114 Foreign carriers and discriminations 115 Inland portion of foreign comme...
77
Conflict between Federal and State Jurisdiction 142 Power of Congress to regulate 143 Effect of action by Congress 144 Jurisdiction of State and nat...
78
Scope for State police power
121
CHAPTER IV
123
Public Duty 198 Public obligation the fundamental principle 199 Nature of the public duty 200 Limitations upon the profession 201 Public duty the...
124
Parlor car service 169 Dispatch lines
132
Pipe lines
133
Telegraph lines
134
The Mann Act of 1910
135
Topic B Incidental Services 174 Transfer
136
Wharfage
137
Terminals
139
Switching
141
Lighterage
142
Extent of the jurisdiction
172
Problem of dependent service
174
BOOK II
177
Drayage
179
Loading
180
Refrigeration
181
Elevation
182
Storage
183
Transit privileges
184
Transportation services
185
Who are common carriers
186
Commitment to public service
187
Nature of public profession
188
Extent of the power of regulation
189
Public railroads
190
Private railroads
191
Industrial railways
192
Service of unusual value
200
Bases of Regulation
201
Constitutional limitations upon commission regulation 237 Reasonable rates not necessarily profitable
202
When fair net earnings left
203
Possibility of increase of business
204
Making rates compared with levying taxes
205
Governmental regulation best for all concerned
206
Inherent difficulties of accommodating all tests 243 Conflicting authorities still persist
208
CHAPTER V
209
Provisions of the
210
General principles governing reasonableness
211
Rates must be fair to the company and to the public
212
Limitations within which rates must be made
213
Unreasonable regulation universally forbidden
214
Value of the services constitutes minimum
215
Interests of the companies to be considered
216
Interests of the public to be considered
217
Accommodation of the interests of both sought
218
The complexities of the general problem
219
Reasonableness of the schedule as a whole
220
Tests of the reasonableness of a schedule
221
Many elements to be taken into account
222
Relation of a particular rate to a whole schedule
223
Conclusions as to proportionate rate
224
Company cannot make unreasonable rates
225
Company cannot justify exorbitant profits
226
Topic B Fair Rate of Return 310 Interest upon bonds protected 311 Rates at which governments can borrow no criterion 312 Prevailing rate of intere...
250
Allowance for unremunerative betterments
260
Contributions made by the State
261
Current rate of return 315 Fair rate of return 316 Current rate the standard 317 Reasonable profits sufficiently safe
266
Rate of return upon investments in general
267
Public service has its peculiar risks
268
The problem of watered stock
269
Property acquired from surplus earnings
270
Inquiry into foregone profits
271
Existing capitalization hardly excessive
272
Power to set aside a statutory rate
273
Constitutional requirements
274
Original cost as affecting present value
275
Going value
276
Franchise values
277
Purchase value
278
Rate of interest dependent upon safety
279
Tax appraisals
279
Development cost
280
Capitalized rights
281
Governmental valuations
282
Treatment of unearned increment
283
Valuation of utilized realty
284
Rule of the Minnesota courts
285
Methods of Texas Commission
286
The federal courts opposed
287
Explanation of the California decisions
288
Condition of the plant itself
289
What physical reproduction means
290
Identical reproduction
291
Intervening conditions
292
Piecemeal construction
293
Overhead charges
294
Unit prices
295
Cost of building up the business
296
Cost of rolling stock
297
Losses by accident
298
Betterments considered as maintenance
299
Improvement of existing plant
300
Replacement considered as repair
301
Permanent improvements should not be annual charge
302
New construction should be charged to capital
303
New construction not an operating expense
304
Betterment out of income
305
Depreciation Requirements 362 Allowance for depreciation
306
Types of depreciation
307
Authorities refusing to allow depreciation 365 Renewal of equipment to offset depreciation
308
Fund to repair depreciation
310
Capitalization of past depreciation
311
Payments into sinking fund
312
Amortization of franchise rights
313
Operations of Consolidated Properties 8 370 Complications in case of systems
314
Divisions as integral parts of the whole system
315
Unprofitable portions of the line not considered
316
Systems considered as wholes
317
Treatment of branch lines
318
Constituent roads operated under separate charters
319
Rent of leased portions 377 If rental becomes unjustifiable
321
PART IITHE RATES IN PARTICULAR
323
Cost of handling business 410 Proportionate rates always legal 411 Relative reasonableness of rates Topic D Proper Distribution of Costs
324
Salaries paid to officials
344
Rates based upon value Topic A Value as the Basis 432 What the traffic will bear 433 Essential defects in the principle 434 Legal limitations peculiar...
368
Rates should not equalize differences in value 466 Carriers not obliged to equalize disadvantages 467 Protection of natural advantage 468 No right to...
369
Evidence inadmissible unless conditions are similar
389
Comparison of rates between different localities
390
Usual rates govern passenger fares
391
Rates Dictated by Competition 452 Rates may be made to meet competition
392
Competition as a factor in rate making
393
Policy for permitting competitive rates 455 Rates low enough to hold business
394
Reduction below a remunerative basis
395
Standard rate among competing lines
396
Competition not a ground for raising rates
397
Law of decreasing costs
412
Cost of service for different systems
413
Cost of service for different parts of the same system
414
Cost of service estimated from special expenditures
415
Vegetables
442
Lumber
443
Bottled goods
444
Dry goods
445
Difference between commodities
446
Raw material and manufactured products
447
Differences Between Commodities Carried 518 Classification based on the package
448
CLASSIFICATION OF COMMODITIES
449
Shipment in form more convenient for handling
450
Perishable freight
451
Less than usual care required 523 Unusual care in handling required
452
Classification based on volume of business
453
Large volume of traffic in a certain commodity
454
Value of the goods as an element
455
Different classification of coals 528 Bases of comparing values of goods
456
Differing value of some kind of freight
457
Topic E Carload and L C L
458
When difference in classification is required
459
Minimum carloads
460
Minimum carload regulations
461
Mixed carloads
462
Shipment in form permitting greater carload
463
Trainloads 537 Traffic handled in special trains
464
Car loaded by several shippers
465
Commission rulings upon special ratings
466
Car sizes 541 Special equipment not necessary
467
Topic F Difference in Rate Between Classes
468
CHAPTER XII
479
Provisions of the
480
Prevalence of classification
481
The meaning of classification
482
Classification the method of establishing the rate
483
The necessity of a proper classification
484
Classification a convenience in rate fixing
485
History of classification in the United States
486
Uniformity of classification attempted
487
Classification necessarily imperfect
488
Classification not unduly minute
489
Extra class divisions
490
Commodity rates
491
Method of classification
492
Interpretation of the classification sheet
493
Influences determining classification
494
Adjustment of business to established classification
495
Classification according to representations
496
Bases of classifying goods
497
Justification for making classification on railroads
498
Reasonableness of classification requisite
499
A proper rate involves reasonableness of classification
500
Classification not determined by a particular commodity
501
Rates in rough proportion to distance norinally
502
Construction of distance rates
504
Bases of rate structure
506
Different cost of haulage
507
Divisions built through a difficult territory
508
Factors modifying distance rates
509
Comparison of through rates and local rates
511
Carriage in opposite directions
512
Passenger fares generally on mileage basis
513
Grouping must be reasonable
517
Testing reasonableness of grouping
517
Uniform rate to a group of stations
518
Commutation rates for suburban passengers
519
How basing points are established
520
Whether basing points justified
522
Determination of base rate
523
Extent of power over grouping
524
Creation of a market by preferential rates
526
Equalizing manufactures in different localities
527
BOOK III
529
Established Exceptions to Rule 636 Public wrong in giving free passes 637 Passes prima facie discrimination 638 Reductions for general classes 639 ...
530
Principles governing differences between classes
542
Differences in the conditions of service
626
Proportionate differences may be made
627
Rates should not be disproportionate
628
Topic B Shipment in more Convenient Units 720 Differences in the character of the service 721 Shipment in carloads
629
Advantages of carload traffic
630
Permission to mix carloads
631
Lower rates for shipments in bulk
632
Shipments in trainloads problematical
633
Contracts for regular shipments
634
Units in passenger service
635
The basis of the differential
636
Comparison of bulk and package rates Topic C Facilities Furnished by Shippers 730 Terminal facilities furnished by shippers
637
Undue prejudice in granting allowances
638
Unjustifiable differences in rates
639
Concessions to shippers in bulk considered
640
Railroad without tank cars
641
Transportation expenses paid by shipper 736 Rental paid on shippers cars
642
Allowance for cars or facilities furnished
643
Restriction to Scheduled Allowance 738 Extent of statutory restrictions
644
Both rates must be open to
646
Lighterage allowance 741 Elevation charges
647
Concessions to those who deal with the carrier
651
Fostering the interests of the carrier
652
Distance as a factor
653
Inconsistent contracts held unavailing
654
Continuing contracts no justification
655
Whether executed contracts are different
656
Preference in certain services permissible
657
What concessions constitute discrimination
658
Where service of different character
659
Where no public service involved
660
Weight to be given to such evidence 756 Higher rate not necessarily unreasonable
661
Reasonableness of rate per se immaterial under statute Topic B General Principles of Statutory Regulation 758 What discrimination is not unlawful
663
Discrimination which is not undue
665
Interdependence of rates to various localities
666
No vested right in preferential rates
667
Discrimination explained by local circumstances
669
Distance as a factor in rate making
670
Difference between through and local rates
671
Railroad rates tend towards a cost basis 766 Various systems of making distance rates
674
Burden upon the railroad to defend discriminatory rates
675
Topic C What Constitutes Undue Prejudice 768 Provisions against undue prejudice
676
Discrimination resulting from intrastate ratesThe Shreveport case
679
Discrimination by means of rate adjustments
681
Conditions which are not dissimilar
683
Dissimilarity of condition is a question of fact 773 Discrimination against points off the line
686
What constitutes a through line
689
Equalization of economic advantagesEconomic theory
690
Equalization of economic advantagesLegal practice 777 Discrimination against the staple industry of a locality
695
Equalization of values
696
Disproportionate charges inconsistent with public duty
697
Long and Short Haul
698
Classification based upon
704
Personality of shipper
705
Restricting rates to certain purposes
706
When commodities are of different character
707
Rates to certain classes of shippers
708
Special classes of passengers
709
Transit privileges
742
Terminal allowances
743
PART IIPREVENTION OF DISCRIMINATION CHAPTER XVII
749
Provisions of the Act 301 Elements in determining a fair return
750
sil Scope of its policy
751
Long and short haul at common
780
Legal justification of lower longhaul rate
781
Statutory regulation of long and shorthaul rates
782
Through service may be undertaken
790
Joint rates
801
Scope of its policy
811
What rates must be published
812
Effect of scheduling rates
813
Terminal and transit charges
814
Conclusive presumption of legality
829
Of whom filing required
830
Provisions cannot have retroative effect
831
Schedules working changes in rates
832
Invalidity of varied rate
833
Stipulations in bills of lading
834
Limitations of legal obligations
835
Meaning of joint tariff
836
Making and filing jointly
837
CHAPTER XIV
863
Effect of the Carmack Amendment
864
What constitutes connecting service
865
Obligation of initial carrier to take to connection
866
Obligation of second carrier to accept
867
Obligations as to routing
868
Fixing the blame for misrouting
869
Carriers not compelled to bill through
870
Discrimination forbidden where public duty involved
871
Joint rates must be reasonable
872
Limitations upon joint rates
873
Nature of a joint rate
874
Joint rate lower than combination
875
Concurrence of carriers concerned
876
Share of separate carrier as evidence
877
Through rate although transit is broken
878
Policing of transit privileges
879
Proportional rates
880
Export rates
881
Physical connections at common
882
Power to investigate rates Topic A Bases of Commission Regulation 992 Regulation of rates by the State 993 Ways in which power is exercised 994 P...
897
Procedure upon such investigation 1020 Due process of administration 1021 Jealous protection of substantial rights 1022 Constitutional limitations u...
898
Provisions of the
910
Extension of service facilities
911
General obligation to serve
912
Extent of federal supervision
913
Rulings of the Commission
914
Different treatment constitutes discrimination
915
Scope of present jurisdiction
916
Freight embargo as an excuse
917
Carriers discriminating against its rivals
918
Railroad cutting its own rates for itself
919
Not required by original
920
Orders concerning freight delivery
921
Contracts with grain elevators
922
Arrangements with stockyards
923
Service at private sidings
924
Installing switches now under the
925
Basis for ordering switch connection
926
Any discriminatory treatment forbidden
927
Establishment of stations
928
Protection of its terminals
929
Basis of the duty to supply equipment
930
Commission jurisdiction over facilities
931
The obligation treated reasonably
932
Provision of special equipment
933
Demand foreseen although unusual
934
Reasonable time to increase facilities
935
Carriage through in same
936
Provision of cars in through service
937
Discrimination in use of cars
938
Jurisdiction of the Commission
946
Reparation
955
Bases of award by reparation
956
Permanent improvements out of capital
958
Absorbing earnings in improvements
959
960 Apportionment of interstate business
960
Methods of the division
961
Bases of the proportion
962
Apportionment of total expense
963
Inherent difficulties of the problem
964
Comparisons with interstate rates
965
Supremacy of the federal system
966
Discrimination produced by State action
967
The tests of the Supreme Court
968
The inquiries of the Congress
969
The investigations of the Commission
970
Necessity for official valuations
971
Valuation based upon investment
972
Present value the basis of valuation
973
Whether market values should be considered
974
Consideration given to the entrepreneur
975
Details of the present valuation
976
Finality of this valuation
977
Requisites in this regard
983
Complaint by an association
983
Tap lines
984
Basis of its powers
1002
Limitations upon its jurisdiction
1003
Extent of its supervision
1004
Visitorial powers in general
1005
What supervision implies
1006
Status of the Commission
1007
Investigation by the Commission
1008
Limitation of its scope
1009
Investigation by federal Commission
1010
Extent of its powers
1011
Powers of State Commissions
1012
Jurisdiction of the State courts
1013
Admissions by making changes
1013
Privilege against selfcrimination
1014
Adverse interest of witnesses not to be considered
1015
Testimony on both sides should be introduced 1121 Production of books and papers
1016
Burden of establishing case
1017
Burden of justifying advances
1018
CHAPTER XXIV
1021
Sufficiency of averments
1060
Necessary and proper parties
1061
Venue of enforcement suits 1155 Introduction of new evidence
1062
Enforcement Proceedings in the Courts 1156 Functions of the Commission in the enforcement of the
1063
Judicial process in aid of proceedings before the Commission
1065
Judicial action necessary to the enforcement of orders
1067
Parties to enforcement suits
1068
Orders unenforceable because of defects
1069
Power of the courts to modify orders of the Commission 1162 Sufficiency of averments
1071
Recovery on a reparation order of the Commission
1073
Findings of the Commission as evidence
1075
APPENDICES APPENDIX A THE ACT TO REGULATE COMMERCE AS AMENDED
1079
Board of Trade
1089
State Railroad Commission
1090
Intervening parties
1091
Proper parties defendant
1092
APPENDIX B DISTRICT COURT JURISDICTION
1111
APPENDIX C
1114
ELKINS
1116
APPENDIX
1122
Necessary parties defendant
1130
The nature of the Commission
1133
The functions of the Commission
1134
Preliminary action by the Commission necessary
1135
Certain consequences of this doctrine
1136
Appeal from the Commission to the courts
1137
Jurisdiction of the Federal courts
1138
Constitutional and statutory limitations distinguished
1139
Allowances for facilities closely scrutinized 745 Allowances for facilities still permissible
1156
Capitalization outstanding 263 Nominal capitalization 264 Stock issues often deceptive 265 Bonded indebtedness beyond present values 266 Market ...
1158
Relief from improper classifications 504 Lowgrade commodities 505 Highgrade manufactures Topic C Comparison of Commodilies 506 Elements i...
1160
Plant facilities
1162
Establishment of the power to restrict charges 303 Rates fixed must not produce a deficit
1164
Special circumstances affecting the particular rate
1165
The Fourth Section Amendment of 1910
1170
Testimony compelled in quasijudicial proceedings 1015 Summoning witnesses in general investigations
1173
Order of preference between shippers 941 Where no preference justifiable
1174
Basis of prorating cars 943 Respective requirements compared 944 Cars needed by railroads 945 Private facilities considered in the apportionment
1175
The public services of the present day 23 The effect of natural monopoly
1178
Difficulty of distribution as a factor 25 Scarcity of advantageous sites 26 Limitation of available time
1179
The new long and short haul clause 88 Establishment of through routes 89 Suspension of rate advances 90 The Hadley Commission 91 The Commer...
1182
The Abilene Oil case 95 The Proctor Gamble case 96 The Williamette Valley case 97 The Lemon Rates case 98 The Baltimore Ohio Southwestern ca...
1183
Investigation by the Commission on its own motion 1017 Investigation as a result of filing new tariff
1184
What particulars must be published 839 Rates based upon combinations
1185
Carrier might formerly select route 889 Present scope of the Act 890 Duty to deliver to connections 891 Policy of recent legislation Topic D Compul...
1186
Line haul 197 Intermingled service
1187
Cost of supplies 346 Unreasonable expenditures
1189
Who are parties in interest 1095 Defendants must have an interest 1096 One of several joint parties 1097 Liabilities in through carriage
1190
Adequate return must be left 305 Reasonable return must be left 306 Reasonableness of return a judicial question 307 Reasonable profit upon each tr...
1191
978 Restraint of trade at common law 979 Certain decisions support pooling 980 Pooling forbidden by the Commerce Act 981 Meaning of the Sher...
1192
Who entitled to reparation 1099 As between consignor and consignee
1193
Amount of traffic as a factor 418 Costs of special service 419 Conditions affecting transportation costs 420 Current theories as to relative rates 421 C...
1197
Competition in passenger fares Topic D Rates Designed to Equalize Advantages 462 Operation of the principle of equalization 464 Limitations upon...
1198
Various theories as to rate making
1202
Provisions of the Act 111 Scope of power conferred
1204
Divisions and proportional rates 843 Parties liable to prosecution Topic D Form of Schedules Required 8 844 Clearness of statement 845 Necessary f...
1205
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Halaman 1007 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unlawful...
Halaman 1028 - ... or lawful requirement of the Commission shall be guilty of an offense, and upon conviction thereof by a court of competent jurisdiction shall be punished by...
Halaman 1016 - 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 Commission. Until otherwise provided by law, the Commission may rent suitable offices for its use. The Auditor for the State and Other Departments...
Halaman 1015 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures.
Halaman 1003 - ... state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to .the passenger, shipper, or consignee.
Halaman 20 - 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 that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Halaman 997 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...
Halaman 1036 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Halaman 1001 - 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...
Halaman 818 - That no corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital of another corporation engaged also in commerce, where the effect of such acquisition may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition, or to restrain such commerce in any section or community, or tend to create a monopoly of any line of commerce.

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