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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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
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
Provisions of the Statute
56
A RULES OF PRACTICE INTERSTATE COMMERCE
69
CHAPTER III
78
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways 94 Chartered accommodations 95 Refrigerator car lines no...
79
CHAPTER IV
105
TOPIC EEXTENT OF THE PUBLIC PROFESSION 125 To what goods the profession to carry extends 126 Money 127 Cattle 128 Carrier of passen...
106
Newspapers
130
Other special classes of goods
138
Obligation to carry all goods of a class
139
CHAPTER V
142
Gratuitous passenger
155
Carriage of children and servants
157
Riding by mistake
158
TOPIC C SPECIAL CLASSES OF PERSONS 152 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
CHAPTER VI
171
Pack carriers 173 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 TOPIC BCARRIERS OF PASSENGERS
186
Stage coaches
187
Hackmen 188 Street railways
189
Passenger elevators
190
Pleasure railways
191
PART II
193
TRANSPORTATION MUST BE DEMANDED AT A PROPER PLACE 221 Tender for carriage must be at the proper place
213
Extent of carriers route
222
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
TOPIC CAPPLICANT 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
Refusal to carry because of color or race 248 Refusing distasteful people
241
Refusing on moral grounds
242
CHAPTER IX
244
CHAPTER X
271
Railroads cannot refuse to take freight from those who deal with a rival
274
TOPIC BAPPLICATION BY A RIVAL FOR SERVICE 295 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
TOPIC CDEMAND BY A RIVAL FOR USE OF FACILITIES 298 Rivals cannot demand use of facilities 299 Passenger making use of carriers facilit...
278
Carrier not bound to carry packed parcels
279
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
PART I
293
Arguments for the radical view
307
B FORMS OF PROCEEDINGS INTERSTATE COM
311
TITLE II
313
REASONABLENESS OF SCHEDULE AS A WHOLE CHAPTER XII
319
TOPIC DPRESENT VALUE AS THE BASIS OF REGULATION BY LEGISLATION 351 Power to set aside a statutory rate 352 Constitutional requi...
320
CHAPTER XIII
364
CHAPTER XIV
397
Cost of supplies
404
Salaries of officials
405
Estimating labor cost
406
Amortization of franchises
427
TOPIC DPAYMENTS 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
Complications in case of systems
431
TOPIC ASYSTEMS OPERATED AS UNITS 442 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
REASONABLENESS OF PARTICULAR RATES CHAPTER XVI
457
CHAPTER XVII
481
TOPIC DRATES BASED UPON VALUE OF SERVICE ΤΟ THE SHIPPER
482
TOPIC FRATES 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
What the traffic will bear
523
Legal limitations upon this principle necessary
523
Limit of value of service not necessarily limit of charge
525
Traffic will continue to move at unfair rates
526
Worth of the service to the individuals served taken as a whole
527
Cost of obtaining a substitute for the service furnished
528
Charging what the traffic will bear hardly applicable to passenger
529
Classification not unduly minute
532
Extra class divisions
533
Commodity rates 560 Method of classification
534
Interpretation of the classification sheet TOPIC BGENERAL PRINCIPLES IN CLASSIFYING 562 Influences determining classification
535
Adjustment of business to established classification
536
Comparison of unlike things
549
Differences between commodities
550
TOPIC DCONVENIENCE 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
Classification according to manufacturers representations
564
Classification of various goods
565
Difference between forcing classification on railroads and justifying
566
fares
579
EXPORT AND IMPORT RATE 649 Export and import rates considered 650 Import rates may be regulated by competition 651 Export rates regulat...
580
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
Equalizing manufactures in different localities
631
Passenger fares generally on a mileage basis
632
Lien for entire charge on every part
638
No lien except for specific charge
639
TOPIC DADDITIONAL CHARGES FOR SEPARATE PARTS OF THE SERVICE 693 General principles as to additional charges 694 Whether extra...
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
Terminals regarded as connections
647
Services after carriage is ended
648
Storage charges
649
Demurrage of cars
650
PART II
652
TOPIC DWHAT CONSTITUTES DISCRIMINATION 731 Not all differences are discriminatory 732 Whether the rule is limited to discrimination b...
653
Extension of the rule against unreasonable rates 717 No rule against discrimination as such
660
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 CVIEW THAT DISCRIMINATION ILLEGAL IN ITSELF 724 Necessity for the rule ag...
669
Evils of discriminations between competitors
671
Discriminations foster monopolies
673
TITLE I
686
The same rate for substantially similar services TOPIC ACONCESSIONS TO GET COMPETITIVE BUSINESS 742 Whether concessions may be ma...
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
TOPIC AREASONABLE DIFFERENCES IN RATES 77 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
TOPIC B SHIPMENT IN MORE CONVENIENT UNITS 775 Differences in the character of the service recognized
726
Rule forbidding discrimination goes beyond rule beginning
727
Advantages of car load traffic
728
TITLE II
746
Prevalent doctrine that no reduction should be allowed
752
Reductions to large shippers unjust to small shippers
753
Services to large shippers and to small shippers practically identical
754
Reductions to passengers in parties
755
Cases forbidding discrimination between hackmen
759
Discussion of the duty toward hackmen
760
Hauling sleeping cars
762
Favoring certain eating houses
763
Treating baggage transfer men with equality
765
Granting concessions for private businesses
767
TOPIC CPRIVILEGES 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
TOPIC DCONNECTING CARRIERS 825 Discrimination between connecting carriers
777
Permission to mix carloads
778
Transportation in the same cars
780
Such transportation held obligatory 829 Through traffic agreements
781
Through arrangements compelled
782
CHAPTER XXV
785
Equalizing rates sometimes may be established
797
Public policy for equalization
798
Grouping by reason of competition in the articles transported 847 Burden upon the railroad to defend discriminatory rates
799
Question of dissimilarity of condition one of fact
800
TOPIC DLONG AND SHORT HAUL 849 Statutes regulating rates for long and short haul 850 Various systems of making distance rates
801
Long and short haul at common
802
Limitations upon charging less for longer haul
803
Competition justifies reduction
804
TOPIC ECOMPETITION AS A FACTOR 854 Competitive rate must be reasonable
805
Noncompetitive rate must not be extortionate
806
Competition may affect all parts of a joint rate
807
Potential competition
808
Competition artificially removed at the nearer point 859 Nominal competition as justifying lower rate for longer haul
809
EXAMINATION OF AMERICAN LEGISLATION
813
TOPIC CFEDERAL LEGISLATION SINCE 1887
821
Locality has no right to complain of rates at common
831
Discrimination as evidence that the higher charge is unreasonable
832
Weight to be given to such evidence
833
CHAPTER XXVIII
841
sonable rates
843
Stifling of competition by consideration
860
CHAPTER XXIX
869
TOPIC C SUBSTANTIALLY SIMILAR CIRCUMSTANCES AND CONDITIONS
870
What circumstances can be considered
878
Occupation of passenger or shipper
879
Difference in amount of shipment 953 Discrimination in use of cars
880
Discrimination between commodities
881
TOPIC DSPECIAL RATE OR REBATE 955 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 EEXCEPTIONS 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
TOPIC AUNDUE PREJUDICE 973 What constitutes undue prejudice 974 Distance as a factor in the rate 975 Group rates 976 Difference between th...
888
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 BSUBSTANTIALLY SIMILAR CIRCUMSTANCES AND CONDITIONS 982 Substantial difference of conditions
896
Competition
897
TOPIC CLONG AND SHORT HAUL 984 General principles governing the section
898
Competition 986 Relief from operation of the section
899
CHAPTER XXXI
900
TOPIC AREASONABLE FACILITIES FOR INTERCHANGE 993 Extent of application of the provision 994 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
Pooling
909
TOPIC CPROHIBITION OF POOLING CHAPTER XXXII
910
TOPIC AADMINISTRATIVE NATURE OF THE COMMISSION 1033 Nature of the commission 1034 Powers of commission TOPIC B POWER TO...
923
CHAPTER XLI
931
CHAPTER XXXIV
936
PROCEDURE BEFORE THE COMMISSION 1041 Provisions of the Statute 1042 Amendments of 1906
938
TOPIC EEVIDENCE AND BURDEN OF PRoof 1065 Testimony on both sides should be introduced 1066 Acts of Commission need not be proved ...
939
Parties given opportunity to be heard
953
Place of hearing 1050 Pleadings
954
CHAPTER XXXV
979
TITLE II
1004
STATE STATUTES AGAINST PERSONAL DISCRIMINATION 1131 Introduction 1132 Alabama 1133 Arkansas 1134 California 1135 Delaware 1...
1015
CHAPTER XXXVIII
1039
CHAPTER XXXIX
1059
CHAPTER XL
1081
Arkansas
1102
Florida
1103
Georgia
1104
Illinois
1105
Iowa
1106
Kansas
1107
Kentucky
1108
Massachusetts
1109
Minnesota
1110
Mississippi
1111
Missouri
1112
Texas
1114
Virginia
1115
Washington 1297 Wisconsin
1117
Mississippi 1298 Conclusion
1118
PART II
1119
SUBTOPIC 2SEPARATION OF GOVERNMENTAL POWERS 1319 Delegation of ratemaking power 1320 Delegation of power without appeal to t...
1120
New York
1125
TABLE OF CONTENTS
1181
Pennsylvania
1193
Rhode Island
1194
South Carolina
1195
South Dakota
1196
Tennessee
1197
Texas
1198
Maine
1212
North Carolina
1213
Massachusetts 1199 Vermont
1215
Minnesota
1225
California
1236
Lower rates for shipments in bulk 780 Shipments in train loads problematical
1238
classification by railroads
1240
Value of the goods as an element in determining classification 591 Difference between values justifies difference in classification 592 Different classif...
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
Contracts for regular shipments
1248
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
Mississippi 1186 Missouri
1262
North Dakota
1263
Mississippi
1264
Missouri
1265
Fair rate of return
1266
New Hampshire
1267
North Carolina
1268
North Dakota
1269
South Carolina
1270
Tennessee
1271
Texas
1272
Virginia
1273
Wisconsin
1274
South Carolina
1275
The establishment of stations must be reasonable 224 Establishment of stations by legislation 225 Requirement of stations by the courts conservative ...
1276
Tennessee 1118 Texas
1278
Vermont
1282
West Virginia
1283
Wisconsin 1122 Conclusion
1284
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Halaman 1133 - 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 1038 - 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...
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Halaman 885 - 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 981 - ... 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.
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