The Validity of Rate Regulations, State and Federal

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T. & J.W. Johnson Company, 1914 - Constitutional law - 440 pages
 

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Contents

LOCAL RATES
13
What are local rates ?
15
Local rates which affect interstate rates indirectly
17
Interstate rates
19
SEPARATE INTRASTATE TRANSPORTATION OF PERSONS OR GOODS COMING FROM OR DESTINED TO ANOTHER STATE 13 The probl...
21
The test
22
Tax and original package cases
23
Some rates under local bills subject to federal control
25
Gulf C S F Ry Co v Texas
28
Is the existence of separate contracts conclusive?
29
Undisclosed intentions
30
Auxiliary services
32
Charters and contracts
36
Express waiver of constitutional rights
38
Interstate and intrastate highways
42
Discussion
44
Safety appliance cases
45
CHAPTER II
47
Exceptions to broad general rules
48
Distribution of powers not complete
49
Local selfgovernment
50
EXTENT OF POWER OF LEGISLATURE 31 General extent of power
52
Power to establish rates
55
Power to change common law
56
Position of court on ratemaking
58
Power to enact detailed regulations
59
Some powers may be entrusted by legislature to other departments
60
LIMITED POWER OF ADMINISTRATIVE ORGANS
62
Outline of position taken
66
Discussion of state and federal authorities on ratemaking
67
Discussion of position of Supreme Court on ratemaking
72
Decisions of Supreme Court on delegation of power
76
Ascertainment of facts
81
SEC PAGE
84
Contingent legislationbearing on general principles
86
Contingent legislation as to rates
91
Grants of discretion
94
Possible differences in extent and character of regulation
98
Do the statutes establish definite principles ?
101
EXTENT OF POWER OF COURTS 49 General principles
105
Distinction between judicial and legislative power over rates
106
Judicial review of administrative orders establishing rates
110
SEC INTRODUCTORY PAGE 52 The clauses stated
114
Clauses relate to different governments
115
THE DUE PROCESS CLAUSESPOSITION OF COURT
116
Possible points of difference are ignored by the court
117
Importance of understanding the provision
118
THE PERSONS PROTECTED
120
THE ORGANS OF GOVERNMENT RESTRAINED 58 Fourteenth Amendment restrains states and their organs of gov ernment
121
Fifth Amendment restrains organs of federal government
126
Organs for establishing limitations upon rates
127
THE EXTENT OF THE RESTRAINT 61 The proper scope of the provision
129
The position of the court
130
Procedure in establishing limitations upon rates
135
Procedure in enforcing limitations upon rates
136
Provision regarded as a substantive restraint
138
The extent of the restraint
140
Particular lines of decision
142
Detailed application of rules
144
THE DUE PROCESS CLAUSESDISCUSSION
147
Scope of chapter
149
IS THE PROVISION NECESSARILY A SUBSTANTIVE RESTRAINT? 72 Position taken in Hurtado v California
150
Are all organs of government necessarily restrained ?
152
The significance of the word state
154
Is the restraint necessarily more than procedural?
156
Due process and law of the land provisions are akin
159
Is the provision necessarily a substantive restraint?
160
Due process of law in England
162
The provisions compared
163
The term law of the land sometimes used in broader sense
164
Term has same general scope in America as in England
165
The Constitution does not make the law of the land unchange able
167
The law of the land may be different in the several states
168
Judicial alteration of the law of the land
169
The argument concerning redundancy
171
The question elaborated
172
Discussion of question of redundancy
174
Position of court on discriminatory state action
176
Position of court on fraud and improper motives
178
Discussion
180
CONSTITUTIONAL AND EXTRACONSTITUTIONAL RESTRAINTS 92 Inconsistent positions taken
182
Power to declare governmental action unconstitutional
185
General duty to enforce legislation
188
Passing upon the wisdom or justice of governmental action
189
The Ninth Amendment
192
Rule stated in Twining v New Jersey
193
Extraconstitutional restraints and rights
194
Inalienable rights
195
Natural justice natural rights
196
Fundamental rights
197
Essential nature of all free governments
201
Is a change of law a deprivation ?
220
Summary as to police power
221
Reasonableness and natural justice
222
Position of court as to arbitrary governmental action
223
Discussion of position
224
Reasonableness of rate regulations
226
JUST COMPENSATION 119 The position of the court
229
Dicta in earliest cases
230
Chicago M St P Ry Co v Minnesota
231
Kaukauna and Yesler cases
233
Chicago B Q R Co v Chicago
235
The taking of property for private use
238
Later cases
240
General comment on position of court
241
Just compensation
242
The true meaning of the term liberty
243
The position of the court on the term liberty
245
Allgeyer v Louisiana
246
Position of court criticized
248
Should the court now take the correct position ?
250
Bearing of provision on rate regulation
251
The persons protected
252
Discrimination which is forbidden
253
Illustrations
255
Classification which is permitted
256
Wide range of legislative discretion
258
In general
261
Classification of railroads for rate regulation
262
THE EQUAL PROTECTION PROVISION
264
REASONABLENESS AND JUST COMPENSATION
266
CHAPTER VI
268
Provision in Fifth Amendment
269
Bearing of requirement upon rate regulation
270
Not enforcing common law
271
JUST COMPENSATION
272
VALUE OF PROPERTY 155 Present value of property
273
Cost and capitalization not to be considered
275
Producing plant equally efficient
278
Significance of term present time
281
Tangible property
282
Cost of corporation itself
285
Capitalization of earning capacity
287
Stock and bonds
289
Value as system
290
Apportionment of value
291
Particular classes of traffic
295
Unprofitable parts of the property
296
Smyth v Ames criticized
298
Rough estimates of value
300
Summary as to value
301
SEC OPERATING EXPENSES PAGE 171 General principles
302
Transportation
303
Maintenance
305
Payments to stockholders and bondholders
307
Operating expenses
308
Proving amount of earnings
309
Rates fair to railroad
310
Constitutional rate of return
311
No particular rate fixed by Supreme Court
313
Other decisions in conflict
315
Distribution between stockholders and bondholders
317
Exceptional conditions
318
PARTICULAR RATES 184 Decisions that only schedule as entirety may be considered
320
Decisions on particular rates
324
Discussion on considering merely schedule as entirety
325
Mileage books
327
THE IMPAIRMENT OF CONTRACTS
329
Rule as to judicial decisions
332
CONTRACTS PROTECTED
334
INTERPRETATION OF CONTRACTS 192 Contractural limitations upon governmental power over rates
335
Governmental power not limited by mere implication
337
Parties exempted
339
SEC LIMITATIONS UPON POWER TO CONTRACT PAGE 195 In general
340
Contracts between state and carrier
343
Contracts between carriers or between carrier and patron
344
POWER TO ALTER AMEND OR REPEAL
345
PREFERENCES TO PORTS
348
In general
349
Differentials
350
CHAPTER IX
353
What governments come within the rule
356
ENFORCEMENT OF LAW 207 Indictment
359
Due process of law
360
Trials in criminal cases
361
Suits at common law
363
Selfincrimination
364
Unreasonable searches and seizures
367
Other testimony
368
SEC DECISION OF CONSTITUTIONAL QUESTIONS PAGE
369
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Page 244 - The liberty mentioned in that amendment means not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties ; to be free to use them in all lawful ways ; to live and work where he will ; to earn his livelihood by any lawful calling ; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper,...
Page 235 - Each individual of the society has a right to be protected by it in the enjoyment of his life, liberty and property, according to standing laws.
Page 155 - The wisdom and the discretion of congress, their identity with the people, and the influence which their constituents possess at elections are in this, as in many other instances, — as that, for example, of declaring war, — the sole restraints on which they have relied to secure them from its abuse. They are the restraints on which the people must often rely solely in all representative governments.
Page 88 - The true distinction, therefore, is, between the delegation of power to make the law, which necessarily involves a discretion as to what it shall be, and conferring an authority or discretion as to its execution, to be exercised under and in pursuance of the law. The first cannot be done; to the latter no valid objection can be made.
Page 57 - A judicial inquiry investigates, declares, and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. That is its purpose and end. Legislation, on the other hand, looks to the future and changes existing conditions by making a new rule, to be applied thereafter to all or some part of those subject to its power.
Page 296 - 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.
Page 296 - What the company is entitled to ask is a fair return upon the value of that which it employs for the public convenience. On the other hand, what the public is entitled to demand is that no more be exacted from it for the use of a public highway than the services rendered by it are reasonably worth.
Page 33 - But this movement does not begin until the articles have been shipped or started for transportation from the one state to the other. The carrying of them in carts or other vehicles, or even floating them, to the depot where the journey is to commence is no part of that journey.
Page 258 - Constitution simply because the classification "is not made with mathematical nicety or because in practice it results in some inequality.
Page 78 - The line has not been exactly drawn which separates those important subjects, which must be entirely regulated by the legislature itself, from those of less interest, in which a general provision may be made, and power given to those who are to act under such general provisions to fill up the details.

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