Proceedings of the ... Annual Convention, Volume 17U.S. Government Printing Office, 1905 - Railroads |
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Accounting Officers adopted amendment assessment Association of Railway August 16 authority B. B. COMER Black Hills BROWN carrier corporations cars cent CHADBOURNE Chairman charged Commis committee common carrier confer Congress Connecticut corporations Deadwood discriminations duties earnings electric railways enacted enforce fact fair federal courts Florida freight gentleman grade crossings Illinois Interstate Commerce Commission Iowa J. W. ROBINSON KILPATRICK legislation legislature matter mile Minnesota mission mittee motion was carried municipal operating expenses opinion Pennsylvania power to fix present PRESIDENT question rail railroad commissioners railroad commissions railroad companies railroad property Railway Accounting Railway Commissioners Railway Company rate-making power reasonable rate recommendations regulation require resolution result road Secretary shippers South Carolina South Dakota STAPLES statute STURGIS taxation tion to-day traffic transportation uniform classification United unjust unreasonable valorem basis valuation W. G. SMITH Washington
Popular passages
Page 84 - ... road and conducting its business is reasonable and expedient in order to promote the security, convenience and accommodation of the public...
Page 50 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property and thus in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Page 82 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.
Page 82 - The power to prescribe a tariff of rates for carriage by a common carrier is a legislative and not an administrative or judicial function, and, having respect to the large amount of property invested in railroads, the various companies engaged therein, the thousands of miles of road, and the millions of tons of freight carried, the varying and diverse conditions attaching to such carriage, is a power of supreme delicacy and importance.
Page 124 - The idea that any legislature, state or federal, can conclusively determine for the people and for the courts that what it enacts in the form of law, or what it authorizes its agents to do, is consistent with the fundamental law, is opposition to the theory of our institutions.
Page 50 - ... reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States ; and in so far as it is thus deprived, while other persons are permitted to receive reasonable profits upon their invested capital, the company is deprived of the equal...
Page 125 - State enactment, establishing rates for the transportation of persons or property by railroad that will not admit of the carrier earning such compensation as under all the circumstances is just to it and to the public, would deprive such carrier of its property without due process of law and deny to it the equal protection of the laws, and would therefore be repugnant to the Fourteenth Amendment of the Constitution of the United States.
Page 10 - These last animals are now so numerous that from an eminence we discovered more than we had ever seen before at one time ; and if it be not impossible to calculate the moving multitude, which darkened the whole plains, we are convinced that twenty thousand would be no exaggerated number.
Page 125 - ... circumstances would be fair and reasonable as between the carriers and the shippers ; they do not engage in any mere administrative work...
Page 111 - This company, in the transaction of its business, has the same rights and is subject to the same control as private individuals under the same circumstances. It must carry when called upon to do so, and can charge only a reasonable sum for the carriage. In the absence of any legislative regulation upon the subject, the courts must decide for it as they do for private persons, when controversies arise, what is reasonable. But when the Legislature steps in and prescribes a maximum of charge, it operates...