The Validity of Rate Regulations, State and Federal

Robert Patterson Reeder

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

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Title Page

Table of Contents

Index

Introductory	1

General principles	3

Position of Supreme Court	5

Reasons for position examined	6

Bearing of position upon rate regulation	7

General principles INTERSTATE RATES	8

Instances of interstate rates 8 Legislation and the common law 9 State laws affecting but not regulating interstate commerce	9

LOCAL RATES	13

Scope of governmental authority	203

Unreasonable or arbitrary governmental action	207

Unnecessary governmental action	212

Nature of opinions upon these subjects	213

Reasonable exercises of police power	215

Meaning of term police power	216

Relevancy of decisions on police power	219

Is a change of law a deprivation?	220

What are local rates?	15

Local rates which affect interstate rates indirectly	17

Local rates which affect interstate rates directly SEPARATE PAGE 2 3 5 6 7 8 8 9 12 12 15 17	19

INTRASTATE TRANSPORTATION OF PERSONS OR GOODS COMING FROM OR DESTINED TO ANOTHER STATE 13 The problem	21

The test	22

Tax and original package cases	23

Some rates under local bills subject to federal control 25 17 Gulf C S F Ry Co v Texas	25

Is the existence of separate contracts conclusive?	29

Undisclosed intentions 22222282 29 30	30

Auxiliary services	32

CHARTERS AND CONTRACTS	36

Waiver of constitutional rights expressly and by implication 22 Express waiver of constitutional rights	38

Decisions concerning navigation	42

Discussion	44

Safety appliance cases	45

THE DISTRIBUTION OF GOVERNMENTAL POWERS	46

Distribution among three departments of government PAGE 42 44 45 27 Federal and state problems distinct but similar	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	56

Position of court on ratemaking	58

Power to enact detailed regulations 47 47 48 49 50 55 56 258888	59

Some powers may be entrusted by legislature to other departments	60

37	61

LIMITED POWER OF ADMINISTRATIVE ORGANS 62 DELEGATION OF POWER BY LEGISLATURE 38 General principles	62

Outline of position taken	66

Discussion of state and federal authorities on ratemaking 41 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

THE DUE PROCESS CLAUSESPOSITION OF COURT	114

Clauses relate to different governments	115

Presumption that in other respects clauses have same meaning	116

Possible points of difference are ignored by the court	117

1	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

No complete general statement as to 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

The law of the land in England	160

Due process of law in England	162

The provisions compared 163 1	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 86 The question stated	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

Discussion on inalienable rights etc	202

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	228

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

TEXT AND CONTEXT 127 The significance of the context	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

General extent of restraint	251

The persons protected	252

Discrimination which is forbidden	254

Illustrations	255

Classification which is permitted	256

Wide range of legislative discretion	258

In general	261

Classification of railroads for rate regulation	262

Other regulations of railroads	264

REASONABLENESS AND JUST COMPENSATION	266

Amount of return	268

Provision in Fifth Amendment	269

Bearing of requirement upon rate regulation	270

Not enforcing common law	271

AMOUNT OF RETURN	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

General principles	302

Transportation	303

Maintenance	305

Payments to stockholders and bondholders	307

NET EARNINGS 175 What earnings are to be considered	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

Laws forbidden	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

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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The Validity of Rate Regulations, State and Federal
Robert Patterson Reeder
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Common terms and phrases

24 Harv Assn Atlantic C. L. R. authority carrier Chapter charges Chicago cited in note City commerce clause commission common law Compare Comrs Congress considered constitutionality contract County decisions declared delegate legislative delegated dissenting opinion Dist due process clause due process provision enforced established ex rel exercise fact Federal Constitution federal courts federal government Fifth Amendment Fourteenth Amendment governmental action grant Hurtado Illinois C. R. infra Interstate Commerce Act interstate rates judicial jurisdiction justice Kansas Kentucky land legislative power legislature limitations Louis Louisville & N. R. Magna Carta ment Minn Minnesota Missouri N. R. Co organs of government Owensboro position principles procedure process of law question Railroad Comn Railroad Rate rate regulation reason require restraint rule Southern Stats statute supra Supreme Court sustained Texas Thayer tion Twining unconstitutional United States 1911 validity Western U. T.

Bibliographic information

Title	The Validity of Rate Regulations, State and Federal
Author	Robert Patterson Reeder
Publisher	T. & J.W. Johnson Company, 1914
Original from	the New York Public Library
Digitized	11 Dec 2008
Length	440 pages

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