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

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Contents

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
Associated Press as an illustration
30
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
46
Irrigation canals as an example 47 Grist mills as an example
47
Telephone service as an example
63
A RULES OF PRACTICEINTERSTATE COMMERCE
69
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
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways 94 Chartered accommodations 95 Refrigerator car lines no...
79
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 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
Establishment of regular charge
134
Other special classes of goods
138
Obligation to carry all goods of a class
139
Permanent profession
140
General practice
141
CHAPTER V
142
Gratuitous passenger
155
Carriage of children and servants
157
Riding by mistake
158
TOPIC0SPECIAL 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 176 Canal boats
174
Steamboats
175
Railways 179 Draymen 180 Transfer companies
178
Express companies
179
Dispatch companies
182
Messenger companies
183
Towboats
184
TOPIC BCARRIERS OF PASSENGERS 185 Ferrymen
186
Stage coaches
187
Hackmen 188 Street railways
189
Passenger elevators
190
Pleasure railways
191
PART II
193
TOPIC D TRANSPORTATION MUST BE DEMANDED AT A PROPER PLACE 221 Tender for carriage must be at the proper place
194
Extent of carriers route
222
TOPIC CAPPLICANT UNDER DISABILITY 244 How far blind persons may be excluded
237
How sick persons must be treated
239
TOPIC DREFUSAL 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
RIGHT TO PROTECT ITS OWN INTERESTS 291 Public duty may conflict with business policy TOPIC A APPLICATION FOR SERVICE BY ME...
271
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
TOPIC DPROTECTION OF A COLLATERAL BUSINESS 301 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
BOOK II
291
PART I
293
Whether sa collateral business is ultra vires
305
Whether collateral businesses should be permitted
306
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
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
TOPIC FFRANCHISE AND GOODWILL WHETHER ENTITLED TO BE CONSIDERED 362 Value of franchise not considered in estimating rates
354
Value of franchise as basis for taxation 364 Valve of franchise when the property is bought
355
Value of an exclusive franchise
356
Value of a nonexclusive franchise 367 Value of a practically exclusive franchise
357
Physical adaptation to a going business 369 Value as a going concern
360
Value of going business whether entitled to a return
361
Consideration given to the entrepreneur
363
CHAPTER XIII
364
Some return equisite
367
Adequate return ought to be left
368
Rates may be reduced provided reasonable return is left
370
Reasonableness of return a judicial question
371
CHAPTER XIV
397
B FORMS OF PROCEEDINGS INTERSTATE COM
401
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
LEASED LINES
433
Rent of leased roads
443
Rental must be fixed in good faith
444
If rental becomes unjustifiable 456 Betterments of leased roads
445
TOPIC DPECULIAR EXPENSE OF THE PARTICULAR SERVICE 457 Special circumstances affecting the particular rate
446
Divisions built through a difficult territory
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 464 Whether State lines ...
452
FACTORS OPERATING IN THE ESTABLISHMENT OF PARTICULAR RATES 471 Distribution of the burden of the schedule upon different artic...
457
Constitutional requirements for division
465
LEGAL LIMITATIONS UPON MAKING PARTICULAR RATES TOPIC ACERTAIN LIMITATIONS FUNDAMENTAL 500 Rates must be fair to t...
481
TOPIC DRATES BASED UPON VALUE OF SERVICE TO THE SIIPPER
482
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
Influences 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
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
Terminal facilities usually included in the rates 701 Terminals regarded as connections 702 Services after carriage is ended 703 Storage charges 704 ...
611
Equalizing manufactures in different localities
631
Passenger fares generally on a mileage basis
632
PART II
652
WHAT CONSTITUTES DISCRIMINATION 731 Not all differences are discriminatory 732 Whether the rule is limited to discrimination between co...
653
Provisions of the Statute
677
Effect of carriage over a portion of the journey
686
No freight without delivery
687
Freight indivisible as a rule
688
Entire freight when goods arrive damaged
689
Effect of partial delivery
690
Lien for entire charge on every part
691
Advantages of car load traffic
728
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
TOPIC DADDITIONAL CHARGES FOR SEPARATE PARTS OF TIIE SERVICE
759
Permission to mix carloads
778
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
Provisions of the statute
806
Potential competition
808
Competition artificially removed at the nearer point 859 Nominal competition as justifying lower rate for longer haul
809
PART I
813
The long and short haul clause
831
What circumstances may be considered
836
Elements affecting cost of service at one point
837
REASONABLE CHARGES AND FACILITIES 911 Provisions of the statute 912 Amendments of 1906
841
Stilling of competition by consideration
860
DISCRIMINATIONS BETWEEN PERSONS 941 Provisions of the statute 942 Amendments of 1906
869
Amendments of 1906
885
TOPIC AUNDUE PREJUDICE 973 What constitutes undue prejudice 974 Distance as a factor in the rate 975 Group rates 976 Difference between th...
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
TOPIC AADMINISTRATIVE NATURE OF THE COMMISSION 1033 Nature of the commission
923
Powers of commissioni
930
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 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
Investigation by order of Congress
950
Investigation as result of filing new tariff
951
TOPIC BPROCEEDINGS ON COMPLAINT 1047 Procedure
952
Parties given opportunity to be heard
953
Place of hearing 1050 Pleadings
954
Ministers of religion
961
Officers and employees
962
Mileage excursion and commutation tickets
963
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
TITLE II
1004
STATE STATUTES AGAINST PERSONAL DISCRIMINATION 1131 Introduction 1132 Alabama 1133 Arkansas 1134 California 1135 Delaware ...
1015
STATE STATUTES AGAINST LOCAL DISCRIMINATION
1059
1081 Proof of damage required
1081
Conditions of granting reparation
1082
Finding of Commission does not work an estoppel
1083
Difference of parties
1084
Arkansas
1102
Florida
1103
Georgia
1104
Illinois
1105
Iowa
1106
Kansas
1107
Kentucky
1108
Massachusetts
1109
Minnesota
1110
Mississippi
1111
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
Minnesota
1146
Mississippi
1147
1148 Missouri 1149 Nebraska
1149
New ampshire
1150
New Mexico
1151
North Carolina
1152
North Dakota
1153
Ohio
1154
Oregon
1155
Pennsylvania
1156
South Carolina
1157
South Dakota
1158
Tennessee
1159
Texas
1160
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
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
General principles as to additional charges 694 Whether extra charges should be made 695 Foreign system of itemized charge 696 Charges for servic...
1251
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
Methods of division
1258
Carrier need not consider competition
1261
Fair rate of return
1266
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
The establishment of stations must be reasonable 224 Establishment of stations by legislation 225 Requirement of stations by the courts conservative ...
1276
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Page 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.
Page 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...
Page 1059 - 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...
Page 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...
Page 981 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Page 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.
Page 826 - 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.
Page 1184 - 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...
Page 943 - 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.
Page 915 - 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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