[References are to sections]

BREAK DOWN SERVICE
no right to have gas for, 346.

BRIDGES

public character of bridges, 23.
bridges replace the ferries, 23.
restrictions in early charters, 30.
exclusive franchise for bridges, 53.

bridge companies not common carriers, 177.
public and private bridges, 241.

what loads for bridges, 270.

running rights over bridge, 699.

ordinary business use of the structure, 795.
classification in bridge tolls, 1130.

rates of bridge companies, 1218.

BUCKET SHOP

no telegraph reports for such illegal business, 607.

BUSINESS INTEREST AS JUSTIFICATION

business policies inconsistent with public employment, 680.

1. Unfair Competition in Public Service

exclusive custom cannot be demanded, 681.

partial service already rendered by rival, 682.

telephone companies cannot forbid rival installation, 683.

exclusive regulations by the associated press, 684.

2. Protection of Its Own Interests

shipments made by a rival, 695.

obligation to carry packed parcels, 696.

competitor must be taken as a passenger,

697.

railroad not compelled to give running rights, 698.
connections with another telephone system, 700.
utilization of the waterworks of another, 701.

[References are to sections]

BUSINESS INTEREST AS JUSTIFICATION-continued
gas works not bound to supply rivals, 702.

telephone company favoring its messenger service, 704.
municipality promoting its water service, 705.

electric company favoring its wiring department, 706.
railroad cutting its own rates for itself, 707.
grain elevators storing their own grain, 708.

CANALS continued

[References are to sections]

regular tolls upon a classified basis, 25.
canal proprietors must give service, 315.
obligation while still kept open, 315.

giving monopoly to one towage company, 495.
allowing a lateral to fall into disrepair, 578.

canals open on Sunday, 599.

order of passage of boats at locks, 865.

CAPITALIZATION

various theories as to proper capitalization, 1080.
1. Original Cost the Common-Law Basis

investment entitled to return, 1081.

cost of the waterworks, 1081.

argument for the rule of total investment, 1082.
what is the actual cost, 1083.

actual payment to contractor, 1083.

cost enhanced by fraudulent contract, 1084.

exhorbitant profits of promoters, 1084.

plant built unnecessarily large, 1085.

disproportion between value and nominal capitalization, 1084.
stock issued to contractors, 1084.

plant adapted for a larger population, 1086.

construction now thought unwise, 1087.

provision against the future growth, 1086.
reorganization of a water system, 1087.
portion of plant not now utilized, 1088.
carrying of unimproved lands, 1088.
equipment held for break downs, 1088.
equipment long since superseded, 1089.

street railway equipment supplanted, 1089.
capital sunk in past operations, 1090.

cost of gas making, 1090.

2. Respect for Outstanding Securities

nominal capitalization outstanding inconclusive, 1091.
stock issues afford no measure, 1084.

stock issued for no real consideration, 1091.

problem of watered stock, 1092.

abandonment of par values suggested, 1093.

bonded indebtedness beyond actual value, 1094.
stock issues based upon surplus earnings, 1095.

[References are to sections]

CAPITALIZATION-continued

securities issued upon reorganization, 1096.
outstanding issues tell little, 1096.

cutting down of securities, 1096.

state control of the issue of securities, 1097.
physical valuation of the present properties, 1097.
sorts of stock regulation, 1097.

existing capitalization hardly excessive, 1098.
enormous increase in values, 1098.
expenditures in improving trackage, 1098.
3. Present Value as the Constitutional Basis
protection of present values, 1099.
constitutionality of taking property, 1099.
market value of its securities, 1099.
probable earning capacity of property, 1099.
original cost of construction, 1099.
amount expended in improvements, 1099.
original cost affecting present value, 1100.

amount of money actually expended, 1100.

present value may be shown to be less than actual cost, 1100.
structural value not conclusive, 1100.

value as a going concern, 1101.

works sold as a going concern, 1101.

whether return allowed on such value, 1102.

good will not appropriate, 1102.

franchise value upon purchase, 1103.

franchise values not considered in rate regulation, 1104.

values returned for taxation not conclusive, 1105.

tax valuation does not estop the state, 1106.

4. Cost of Reproduction as a Basis

cost of reproducing the road in its present condition, 1107.

fair profit upon that valuation, 1108.

the Minnesota rule, 1107.

the Texas Railway Commission, 1108.

federal courts opposed, 1108.

the California decisions, 1109.

abandonment of the investment test impolitic, 1111.

two principles still persist, 1112.

CARDS

See ADVERTISEMENTS

CARLOADS

[References are to sections]

acceptance of car shipments, 722.

lower rates are permissible, 1348.

shipments made in bulk, 1349.

comparison of bulk and package rates, 1350.

shipments in train loads, 1357.

regular shipments in large units, 1352.

CARRIERS OF GOODS

See CLASSIFICATION

requisites of common carriage, 160.
definitions of common carriage, 160.
1. Carriage as a Public Employment

common carriage as a public employment, 196.
public and private carriers, 239.

carrier of goods always in a public employment, 13.

history of common carriage, 19.

railroad as carrier, 26.

carriage of cattle, 160.

common carriers by water, 172.

carrying as a regular business, 173.

carriers of goods only, 184.

carriage on a public basis, 196.

carrier of freight not carrier of passengers, 223.

contract to convey beyond its line, 209.

private carrier, 238.

common carrier may withdraw, 295.

2. Public Duty of the Carrier

shipper can insist on having goods taken, 338.

declaration against a common carrier, 345.
facilities for receiving goods, 390.

proper position to demand service, 391.

whether must receive goods in advance, 391.

how long in advance goods must be received, 392.

goods for immediate transportation, 393.

acceptance long in advance, 393.

goods tendered too late, 394.

goods loaded at a place designated, 399.

goods being loaded upon car at siding, 399.

possession actually taken of goods between stations, 399.