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

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W.J. Nagel, 1906 - 1285 halaman

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Partial continuance of regulation to modern times
11
Persistence of principle accompanying change of conditions
12
Application of the principle to commodities in new countries
13
Monopolies established by patents from the crown
14
Grant of franchises in modern times
15
Persistence of the class of public callings
16
Introduction of improved highways by private enterprise
17
Tollbridges and turnpikes as illustrations
18
Early decisions as to gas supply an illustration
21
Canals and waterways as illustrations
22
Cotton press as a modern illustration
23
Stockyards as a modern illustration
24
Conservative and radical views concerning the public services
25
GROWTH OF THE PUBLIC EMPLOYMENTS 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
45
Irrigation canals as an example
46
Grist mills as an example
47
Bonded warehouses as an example
49
Logdriving corporations as an example
50
Use of the streets
51
Street railways as an example
52
Electrical subways as an example 54 General conclusions relative to special legal privileges
54
VIRTUAL MONOPOLY AS A GROUND OF PUBLIC POSI TION OF THE CARRIER 55 Virtual monopoly the true ground for regulating public c...
57
Monopoly due to character of business 57 Water works as an example 58 Natural gas as an example
58
Gas works as an example
59
Electric plants as an example
60
MONOPOLY OF THE ESTABLISHED PLANT 61 Monopoly due to established plant
67
Telegraph service as an example
68
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
Carrier must undertake transportation
87
Storage hulks not carriers
88
Log drovers not carriers
89
Drovers of cattle not carriers
90
Vehicles leased for carriage
91
Shipper furnishes servants to manage vehicle
92
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways
93
Chartered accommodations
94
Refrigerator car lines not carriers
95
Sleeping car companies not carriers
96
Forwarding agents not carriers
97
PUBLIC PROFESSION OF THE COMMON CARRIER 101 Nature of public profession TOPIC APUBLIC EMPLOYMENT 102 Public profession a...
105
TOPIC F REGULAR BUSINESS 133 Special agreement
106
Tap lines
113
Distinction between public lateral branch and private spur
114
Intermittent employment
115
Shipmaster
116
Railroad not opened for passengers
117
Incidental employmentWagoner
118
Truckman
119
Whether the transaction is upon a public or private basis
120
Special train
121
Special freight trains
122
Private excursion trains
123
Establishment of train on guaranty of an individual
124
To what goods the profession to carry extends
125
Money
126
Cattle
127
Carrier of passengers whether also a carrier of goods
128
Rolling stock
129
Newspapers
130
Other special classes of goods
131
Obligation to carry all goods of a class
132
Establishment of regular charge
134
Permanent profession
135
General practice
136
CHAPTER V
142
Pass issued for business reasons
143
Carriers services in returning goods compensated
144
Carriage of baggage is compensated
145
Baggage carried without compensation
146
Baggage carried apart from the passenger
151
TOPIC BGRATUITOUS ARRANGEMENTS 148 Gratuitous carrier liable for negligence
152
Gratuitous passenger
155
Carriage of children and servants
157
Riding by mistake
158
Mail clerks and express messengers
159
Employes of the carrier
160
TOPIC DCARRIAGE OBTAINED BY MISREPRESENTATION
161
Persons never accepted in a proper place not passengers 155 Carriage of goods secured by fraud
162
Stealing a ride
163
ENUMERATION OF THE COMMON CARRIERS 171 Varieties of common carriers TOPIO ACARRIERS OF GOODS
171
Pack carriers 173 Wagoners
172
Hoymen
174
Ships
175
Canal boats
176
Steamboats
177
Railways
178
Draymen
179
Transfer companies
180
Express companies
181
Dispatch companies
182
Messenger companies
183
Towboats
184
TOPIO BCARRIERS OF PASSENGERS 185 Ferrymen 186 Stage coaches
186
Hackmen
187
Street railways
189
Passenger elevators 190 Pleasure railways
190
PRIMARY DUTIES OF COMMON CARRIERS CHAPTER VII
193
Service owed to certain classes
202
Person desiring shelter merely
203
Person desiring to transact business
204
Sleeping and parlor car subject to similar rule
205
Person demanding incidental services
206
Person assisting or meeting passengers
207
Right involved is that of the passenger
208
Extent of carriers duty to such persons
209
Payment of fare as condition of receiving
210
What is sufficient tender of fare or freight
211
What denomination of money may be tendered
212
Tender of money refused as counterfeit
213
Tender of fare usually waived by the carrier
214
Goods must be tendered to the carrier at proper time
215
Passengers must enter vehicle at proper time
216
Goods must be tendered properly packed
217
Special freight may require special tender
218
Shipments in bulk should be received under proper conditions
219
Reception of live stock TOPIC D TRANSPORTATION MUST BE DEMANDED AT A PROPER PLACE
220
Tender for carriage must be at the proper place
221
Extent of carriers route
222
The establishment of stations must be reasonable
223
Establishment of stations by legislation
224
Requirement of stations by the courts conservative view
225
Progressive view of the question of stations
226
TOPIC CAPPLICANT UNDER DISABILITY
237
How far blind persons may be excluded
244
How sick persons must be treated
245
General obligations to serve
246
Refusal to carry because of color or race
247
Refusing distasteful people
248
Refusing on moral grounds
249
Order of preference as between different classes of goods
266
Public necessities considered in determining preference
267
No preference justifiable between goods of same nature
268
Order of preference between stations
269
No part of the system should be given preference
270
Order of preference between shippers
271
Apportionment of cars to shippers
272
Refusal to receive because of strike is not justifiable
273
Deficient service not excused by strike
274
Refusal to receive because of the violence of the strikers or others
275
How far employers of carriers are bound not to strike
276
Whether there is an obligation to operate the whole system
277
Obligation to serve according to charter provisions
278
Service must be continued according to charter provisions
279
Where no mandatory charter provision
280
Partial withdrawal permitted
281
Whether permanent abandonment is permitted
282
Complete abandonment permitted
283
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
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
TITLE II
313
THEORIES FOR ESTIMATING CAPITAL 331 The various theories suggested 332 Comparison of these theories of capital charge 333 Cost of repr...
319
Power to set aside a statutory rate 352 Constitutional requirements 353 Original cost not necessarily the basis of capitalization 354 Present value may ...
320
CHAPTER XIII
364
Rates fixed must not produce a deficit
382
Some return requisite
383
Adequate return ought to be left
384
Rates may be reduced provided reasonable return is left
385
Reasonableness of return a judicial question
386
Paying dividends dependent upon commercial conditions
397
Recoupment in prosperous times
398
No right to raise rates in prosperous times
399
Creating a fund for payment of uniform dividends
400
Larger returns in risky enterprises
401
Hazards of the business considered
402
Whether the return upon all property should be the same
403
Rate of interest dependent upon the safety of the investment
404
Risk by reason of depreciated security not considered
405
General policy for allowing fair return
406
Amortization of franchises
427
Whether interest on bonds is properly an annual charge
428
Dividends payable not classified as an annual charge
429
CHAPTER XV
430
TOPIC CLEASED LINES 453 Rent of leased roads
443
Branch lines
444
Unprofitable portions of the line not considered
445
Whole systems should be taken together
446
Rates on different parts of same system apportioned
447
Divisions in sparsely populated territory
448
Way stations
449
General requirements may produce particular losses
450
Plant adapted for larger population
451
TOPIC EDIVISION BETWEEN INTERSTATE AND INTRASTATE BUSINESS 463 Alternative theories of apportionment
452
REASONABLENESS OF PARTICULAR Rates CHAPTER XVI
457
Whether State lines are arbitrary
464
Constitutional requirements for division
465
Methods of division
466
Method of estimating cost of service
472
Basis of proportionate rate the tonmile cost
473
Cost of carriage as a factor affecting particular rate
474
Insufficiency of the principle of the cost of service
475
Length of haul as a factor affecting a particular rate
476
Modification of the principle of the length of baul necessary
477
Volume of traffic as a factor affecting the particular rate
478
Limitation upon the law of increasing returns
479
Increased volume of traffic causing increase of cost
480
TOPIC BVALUE OF THE SERVICE AS THE BASIS OF RATE MAKING 481 What the traffic will bear as a factor affecting particular rate
481
Essential defects in the principle of charging what the traffic will bear
482
Making rates compared with levying taxes
483
Rates may be shown to be unreasonable in themselves
484
Adjustment between the claims of the company and the patron
485
Equalization of advantage as a factor affecting the particular rate
486
Carriers not obliged to equalize disadvantages
487
Competition as a factor affecting the particular rate
488
Conclusion as to proportionate rate
489
Classification the method of establishing the particular rate
490
Cost of service 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
External standards of reasonableness 516 The carrier is entitled to reasonable compensation
497
Current rates for other transportation
517
Evidence inadmissible unless conditions are similar
518
Comparison of rates between different localities unjustifiable
519
Discussion of Cotting v Kansas City Stock Yard Company
520
Discussion of Canada Southern Railway v International Bridge Company
521
Principles of usual rates peculiarly applicable to passenger fares
522
TOPIC
523
RATES BASED
523
CHAPTER XVIII
525
Vegetables for table use 572 Perishable articles of food 573 Groceries 574 Articles shipped in glass 575 Forest products 576 Dry goods 577 Compari...
526
TOPIC GDIFFERENCE IN RATE BETWEEN CLASSES 604 General principles governing differences between classes 605 Low grade commodities...
527
UPON VALUE OF SERVICE
535
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 EVALUE OF THE GOODS 590 Value of the goods as an element in determining classification
562
Adjustment of business to established classification
563
Classification according to manufacturers representations
564
Classification of various goods
565
Difference between forcing classification on railroads and justifying
566
Reasonableness tested by comparison
577
CHAPTER XIX
579
EXPORT AND IMPORT RATE 649 Export and import rates considered 650 Import rates may be regulated by competition 651 Export rates regulat...
580
Difference between values justifies difference in classification
591
Different classification of anthracite and bituminous coal
592
Market value rather than intrinsic value
593
Differing value of same kind of freight
594
Low value of goods as reducing classification
595
B FORMS OF PROCEEDINGS INTERSTATE COM
607
CHAPTER XX
610
Effect of carriage over a portion of the journey 687 No freight without delivery 688 Freight indivisible as a rule 689 Entire freight when goods arriv...
611
Equal mileage rates impractical
623
Rates are in rough proportion to distance normally
624
Different cost of service heavy grades
625
Competition modifying distance rates
626
Comparison of through rates and local rates
627
Difference in charge for carriage in opposite directions
628
Low back freights justifiable
629
Creation of a market by preferential rates
630
TO THE SHIPPER
631
Established classification prima facie reasonable
663
No presumption from continuance of classification under order
664
Outright discrimination unreasonable
666
Undue preferences forbidden
667
Special rates may not be discriminatory
668
Provisions of the Statute
677
TITLE I
686
Different rates for goods used for different purposes 763 Such rates allowed by some cases 764 Such differences held illegal discrimination by other ...
687
Whether extra charges should be made
694
Foreign system of itemized charge
695
Charges for service before carriage is undertaken
696
Freight should cover the entire carriage
697
No separate charge for a part of the transit
698
Charges for services during transportation
699
Reductions to large shippers unjust to small shippers
700
CHAPTER XXIII
722
Exclusiveness of the privilege creates discrimination
723
Necessity for the rule against discrimination
724
Evils of discriminations between competitors
725
Discriminations foster monopolies
726
Rule forbidding discrimination goes beyond rule beginning
727
TITLE II
746
TOPIC DCONNECTING CARRIERS 825 Discrimination between connecting carriers 826 Goods requiring further transportation 827 Transportatio...
747
Services to large shippers and to small shippers practically identical
754
Reductions to passengers in parties
755
Shipments in train loads problematical
780
Contracts for regular shipments
781
CHAPTER XXV
785
TOPIC ECOMPETITION AS A FACTOR 854 Competitive rate must be reasonable 855 Noncompetitive rate must not be extortionate 856 Competiti...
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
791
Exclusive contracts with private car lines
806
Potential competition
808
Competition artificially removed at the nearer point
809
EXAMINATION OF AMERICAN LEGISLATION
813
The long and short haul clause
831
Elements affecting cost of service at one point
837
TOPIC DCARRIERS SUBJECT TO THE
838
REASONABLE CHARGES AND FACILITIES
841
sonable rates
843
Nominal competition as justifying lower rate for longer haul
859
Stilling of competition by consideration
860
DISCRIMINATIONS BETWEEN PERSONS
869
Provisions of the statute
870
Amendments of 1906
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 BLIKE AND CONTEMPORANEOUS SERVICE 948 Difference in time or place
877
Difference in nature of service TOPIC C SUBSTANTIALLY SIMILAR CIRCUMSTANCES
878
Amendments of 1906
885
DISCRIMINATION BETWEEN LOCALITIES 971 Provisions of the statute 972 Amendments of 1906
888
CHAPTER XXXI
900
Kind oi carrier subject to the
901
Carriage wholly within the State
902
Local carrier taking part in through carriage
903
Pooling
909
CHAPTER XXXII
910
Provisions of the statute
911
Amendments of 1906
913
Bearing of tariff as a whole on reasonable rates
914
Schedule as a whole may throw light on reasonableness of par ticular rate
915
Schedule as a whole important where rate is fixed by public authority
916
Customary rate presumably reasonable
917
General principles
918
Comparison with other rates
919
Special service
920
Incidental charges
921
Conditions
922
Route
923
Cost of service
924
Value of service to shipper
925
Value of goods
926
Amount
927
Distance
928
Through rates
929
TOPIC B POWER TO INVESTIGATE AND MAKE ORDER 1035 Investigation by commission
931
Report of commission
932
Opinion of commission
933
TOPIC CPOWER OVER RATES 1038 Early difference of opinion 1039 Decision of the Supreme Court
934
Indication of basis for proper rate CHAPTER XXXIV
936
PROCEDURE BEFORE THE COMMISSION 1041 Provisions of the Statute
938
How the party may reopen case 1086 New petition may be filed 1087 Reopening a case for rehearing 1088 Form and requisites of petition for rehear...
939
What circumstances can be considered
950
Occupation of passenger or shipper
951
Difference in amount of shipment
952
Discrimination in use of cars
953
What amounts to a rebate
955
Allowance for cars or facilities furnished by the shipper
956
Division of rate with industrial railway
957
Sale and delivery of commodities by a railroad
958
Statutory exceptions not exclusive
959
Carriage for the government
960
Ministers of religion
961
Amendments of 1906
979
Extent of application of the provision
993
Carriage through in same
994
Continuous carriage
995
Discrimination between connecting lines
996
Discrimination in furnishing optional facilities
997
Use of tracks or terminal facilities
998
CHAPTER XIV
1004
What rates must be published
1013
Terminal and refrigerating charges
1014
Rules and regulations
1015
Printing and keeping open to public inspection
1016
Officers and employees
1017
Any variation forbidden
1018
Devices to avoid the section
1019
Rate wars
1020
Purpose of the filing
1021
Presumption of legality
1022
Meaning of joint tariff
1023
Making and filing
1024
Whether routes must be published
1025
Mileage excursion and commutation tickets
1026
Clearness of statement
1027
Necessary fullness of statement
1028
Invalidity of the varied rate
1029
Investigation by the Commission on its own motion
1043
Investigation by order of Congress
1044
Investigation as result of filing new tariff
1045
Procedure on such investigation
1046
Procedure
1047
Parties given opportunity to be heard
1048
Proper parties defendant
1056
Necessary parties defendant
1057
Supervening receivership
1058
One of several joint parties
1059
Parties must have an interest
1060
Intervening parties
1061
Default
1062
Stay of proceedings
1063
Continuance for settlement
1064
Testimony on both sides should be introduced
1065
Acts of Commission need not be proved
1066
Rules of evidence
1067
Privilege against selfcrimination
1068
Production of books and papers
1069
Order to carrier to produce books
1070
Methods of avoiding inconvenience of producing all books
1071
Petitioner thus gets all material and proper evidence
1072
Examination of witnesses upon prepared statements
1073
Hearing held where books are kept
1074
Adverse interest of witnesses not to be considered
1075
Rights of parties must be preserved
1076
Presumptions
1077
Burden of proof
1078
Dismissal when order unnecessary
1079
Reparation
1080
Proof of damage required
1081
Conditions of granting reparation
1082
Finding of Commission does not work an estoppel
1083
Difference of parties
1084
OPERATING EXPENSES
1095
Introduction
1100
Alabama
1101
commission
1102
Florida
1103
Georgia
1104
Illinois
1105
Iowa
1106
Kansas
1107
Kentucky
1108
Massachusetts
1109
Minnesota
1110
Mississippi
1111
1112 Missouri
1112
New York
1113
North Carolina
1114
North Dakota
1115
South Carolina
1116
Tennessee
1117
Texas
1118
Vermont
1119
West Virginia
1120
Wisconsin
1121
Conclusion
1122
California
1134
Delaware
1135
Florida
1136
Georgia
1137
Illinois
1138
Indiana
1139
Iowa
1140
Kansas
1141
Kentucky
1142
Louisiana
1143
Massachusetts
1144
Michigan
1145
Minnesota
1146
Mississippi
1147
Missouri
1148
Nebraska
1149
New ampshire
1150
New Mexico
1151
North Carolina
1152
North Dakota
1153
Ohio
1154
Oregon
1155
Pennsylvania
1156
Place of hearing
1157
South Dakota
1158
Tennessee
1159
Texas
1160
1161 Utah
1161
Virginia
1162
Wisconsin
1163
Conclusion
1164
Introduction
1171
Arkansas
1172
California
1173
Connecticut
1174
Florida
1175
Georgia
1176
Illinois
1177
Indiana
1178
Iowa
1179
Kansas
1180
Louisiana
1181
Maine
1182
Massachusetts
1183
Minnesota
1184
Mississippi
1185
Missouri
1186
Nebraska
1187
New Hampshire
1188
Nevada
1189
New Jersey
1190
Ohio
1191
Oregon
1192
Pennsylvania
1193
Rhode Island
1194
South Carolina
1195
South Dakota
1196
Tennessee
1197
Texas
1198
Vermont
1199
Virginia
1200
Wisconsin
1201
Conclusion
1202
California
1236
What the traffic will bear 524 Legal limitations upon this principle necessary 525 Limit of value of service not necessarily limit of charge 526 Traffic...
1239
classification by railroads
1240
Value of the commodity not of the greatest importance
1241
Public injury by discriminations in freight rates 729 Public wrong in giving free passes to passengers 730 Giving free passes prima facie discrimination
1246
Charging what the traffic will bear hardly applicable to passenger fares
1252
Riding on invalid ticket 158 Attempt to escape conductors notice 159 Riding free by connivance of the conductor 160 Guest of servant of the carrier
1253
Florida
1254
Georgia
1255
Illinois
1256
Indiana
1257
Iowa
1258
Kansas
1259
Kentucky
1260
Carrier need not consider competition
1261
Maine
1262
Minnesota
1263
Cost of service to be earned before return on capital 412 Items in cost of performing service 413 Net earnings in general 414 Expense of equipment ...
1264
Missouri
1265
Nebraska
1266
New Hampshire
1267
Refrigerator car lines 808 Live stock transportation companies
1268
North Dakota
1269
South Carolina
1270
Tennessee
1271
All factors enter into the determining of a particular rate
1272
Relation of a particular rate to a whole schedule 324 Possibility of increase of business if rates are lowered 325 Inherent difficulties in accommodatin...
1273
Wisconsin
1274
Washington
1275
Carriers between certain stations only
1276
Not required by original act 936 Switching privileges
1277
Fair rate of return
1284
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Halaman 1135 - 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.
Halaman 1040 - 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...
Halaman 1061 - 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...
Halaman 887 - 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...
Halaman 983 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Halaman 36 - 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.
Halaman 828 - 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.
Halaman 1186 - 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...
Halaman 945 - 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.
Halaman 917 - 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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