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

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W.J. Nagel, 1906 - 1285 Seiten
 

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Inhalt

Application of the principle to commodities in new countries
16
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
Stockyards as a modern illustration
24
Conservative and radical views concerning the public services
29
GROWTH OF THE PUBLIC EMPLOYMENTS 26 Extension of the application of the principle in recent times
30
Growth of the public service companies in late years
31
Grain elevators as an illustration
32
Warehouses as an illustration
34
Associated Press as an illustration
35
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
49
Docks as an example
65
A RULES OF PRACTICEINTERSTATE COMMERCE
69
General conclusions as to virtual monopolies
75
Law governing all public employments the same
76
CHAPTER III
78
Log drovers not carriers
89
Drovers of cattle not carriers
90
Vehicles leased for carriage
91
Shipper furnishes servants to manage vehicle
92
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways
100
Chartered accommodations 95 Refrigerator car lines not carriers
101
Sleeping car companies not carriers 97 Forwarding agents not carriers
103
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
TOPIC CSPECIAL 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
173
Canal boats
174
Steamboats
175
Railways 179 Draymen 180 Transfer companies
178
Express companies
181
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
PRIMARY DUTIES OF COMMON CARRIERS CHAPTER VII
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
CHAPTER IX
244
General obligations to serve
246
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
LIMITATION OF CHARGES CHAPTER XI
293
Railroad cutting its own rates for itself
303
Charging its competitors higher relative rates
304
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
B FORMS OF PROCEEDINGS INTERSTATE COM
311
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
CHAPTER XIII
364
RETURN
375
Rates fixed must not produce a deficit
382
Some return requisite
383
Adequate return ought to be left
384
Rates may be reduced provided reasonable return is left
385
CHAPTER XIV
397
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
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 523 What the traffic will bear 524 Legal limitations upon this principle ne...
482
CHAPTER XVIII
501
CLASSIFICATION OF COMMODITIES
543
The meaning of classification
551
The necessity of classification for a proper distribution of the burden
552
The necessity of classification for convenience in rate fixing
553
The history of classification in the United States
554
Uniformity of classification attempted
555
Classification necessarily imperfect
556
Classification not unduly minute
557
Extra class divisions
558
Commodity rates
559
Method of classification
560
Interpretation of the classification sheet
561
Influences determining classification
562
TOPIC FCAR LOAD RATES 597 Different classification and rating between car load and less than car load lots
568
Difference in classification not essential 599 Minimum carloads 600 Minimum carload regulations
570
COMPARISON OF COMMODITIES 567 The reasonableness of a particular rate involves reasonableness of classification
571
Classification not determined by consideration of rate on a par ticular commodity
572
Elements in comparison of commodities
573
TOPIC BGROUPING OF STATIONS 633 The system of grouping 634 Grouping by reason of competition in the articles transported
590
Grouping must be reasonable
591
Mixed carloads
601
Car loaded by several shippers
602
Train loads TOPIC GDIFFERENCE IN RATE BETWEEN CLASSES 604 General principles governing differences between classes 605 Low grade c...
603
High grade commodities should not be overcharged relatively
606
Differences between the classes should not be disproportionate
607
Principles upon which rates for different commodities should be made
608
Reasonableness tested by comparison 610 Differences between similar commodities ought not to be very slight CHAPTER XIX
609
EXPORT AND IMPORT RATE 649 Export and import rates considered 650 Import rates may be regulated by competition 651 Export rates regulat...
610
TOPIC ATHE UNIT FIXED BY REGULATION 662 Characteristics of the rate as a regulation 663 Established classification prima facie reasonable
612
Equalizing manufactures in different localities
631
Passenger fares generally on a mileage basis
632
Classification sheet not varied by contract or representation
645
Terminal facilities usually included in the rates
646
Terminals regarded as connections
647
No presumption from continuance of classification under order of commission
664
Publication of change of rate requisite
665
Methods of charging in rate making
667
A minimum rate is justifiable
668
Where minimum is fixed excess may be charged
669
Minimum weights with provision for refund of excess
670
The journey is a single entire unit
671
Fare demanded at any point on the journey
672
Ticket entitles passenger to carriage for a single journey
673
Passenger cannot take two journeys for a single fare
674
Passenger cannot pay two partial fares for a single journey
675
Part of journey completed before collection of fare
676
Resumption of journey by rejected passenger
677
Services after carriage is ended
678
Storage charges
678
Demurrage of cars
678
Passenger expelled at a regular station
678
WHAT CONSTITUTES DISCRIMINATION 731 Not all differences are discriminatory 732 Whether the rule is limited to discrimination between co...
678
Change of destination during the journey
679
Second journey on same train
680
Nonpayment of charges for prior carriages
681
Effect of repudiation upon the applicants rights
682
TOPIC CTHE SHIPMENT THE UNIT IN THE CARRIAGE OF GOODS 683 Maritime freight
683
Right to compensation by agreement in case of carriage by
684
Right to freight on land
685
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
No lien except for specific charge
692
INTERSTATE COMMERCE LEGISLATION 1887
700
TOPIC CREBATES TO EXCLUSIVE SHIPPERS 756 Whether lower rates may be made to exclusive shippers
703
Shippers who use rival lines must not be charged more than usual rates
703
Provisions of the statute
703
Whether concessions may be made in competition 743 Competitive conditions do not justify making discriminations
703
Reductions to get competitive business illegal 745 Concessions allowed by some cases to get shipments from outlying territory
703
Such concessions forbidden by later cases
703
Shippers making expensive preparations cannot be favored
703
Additional services performed for certain shippers
703
TOPIC BCONCESSIONS TO LARGE SHIPPERS 749 Whether concessions may be made to large shippers
703
Unreasonable differences forbidden by all courts
703
Reasonable differences permitted by some courts 752 Prevalent doctrine that no reduction should be allowed
703
Terminal facilities furnished by shippers
703
Transportation expenses paid by shipper
705
Rental paid on shippers cars 785 Difference in rates unjustifiable unless both services are offered
706
Various devices for giving concessions to shippers in bulk con sidered
708
Railroads must provide adequate equipment for handling shipments in bulk
709
TOPIC DOTHER CONSIDERATIONS FOR REDUCTIONS 788 When consideration is given for reduction
710
Whether indefinite considerations can be a basis
711
Concessions to those who deal with the carrier 791 Rates adopted to foster the interests of the carrier
714
UNDUE PREFERENCE IN SERVICE CHAPTER XXIV
739
TOPIC ASUBORDINATE CARRIERS OF GOODS 802 Duty toward expressmen considered 803 Express companies conservative view
748
Reductions to large shippers unjust to small shippers
753
Services to large shippers and to small shippers practically identical
754
Reductions to passengers in parties
755
DISCRIMINATION BETWEEN LOCALITIES
756
Whether lower rates may be given those who ship exclusively
758
TOPIC DADDITIONAL CHARGES FOR SEPARATE PARTS OF TIIE SERVICE
759
CHAPTER XXIII
769
77 Modification of the rule forbidding different rates 772 Pates should not be disproportionate
772
Consideration of the cost of serving
773
Shippers requiring less service
774
Differences in the character of the service recognized
775
Shipment in car loads
776
Reasonableness of rate per se immaterial under statute 840 Interdependence of rates to various localities 841 What preferential rates are obnoxious 84...
785
TOPIC ALEGISLATION IN ENGLAND SINCE 1830
786
Provisions of the statute
787
THE INTERSTATE COMMERCE ACTS
801
Express companies radical view
804
Discussion of these conflicting views
805
Exclusive contracts with private car lines
806
Refrigerator car lines
807
Duty toward hackmen considered
809
Cases permitting discrimination between hackmen
810
Cases forbidding discrimination between hackmen
811
Discussion of the duty toward hackmen
812
Hauling sleeping cars
813
Favoring certain eating houses
814
Treating baggage transfer men with equality
815
Granting concessions for private businesses
816
Special privileges at freight terminals
817
Arrangements with stockyards
818
Contracts with grain elevavtors
819
Access to connecting steamboats
820
No access owed except at wharf stations
821
Rights of compelling draymen
822
Permitting limitation of telephones
823
Fostering monopoly in public services
824
Discrimination between connecting carriers
825
Goods requiring further transportation
826
Transportation in the same cars
827
Such transportation held obligatory
828
Through traffic agreements
829
Through arrangements compelled
830
Equalization of commercial advantages
843
Equalizing rates sometimes may be established
844
Public policy for equalization
845
Grouping by reason of competition in the articles transported
846
Burden upon the railroad to defend discriminatory rates
847
Question of dissimilarity of condition one of fact
848
Statutes regulating rates for long and short haul
849
Various systems of making distance rates
850
Long and short haul at common
851
Limitations upon charging less for longer haul
852
Competition justifies reduction
853
Competitive rate must be reasonable
854
Noncompetitive rate must not be extortionate
855
Competition may affect all parts of a joint rate
856
Potential competition
857
Competition artificially removed at the nearer point
858
Nominal competition as justifying lower rate for longer haul
859
Stifling of competition by consideration
860
Group rates 976 Difference between through and local rates
861
Equalizing advantages
862
TOPIC AUNDUE OR UNREASONABLE PREFERENCE OR ADVANTAGE 943 What discrimination is forbidden 944 What preference is undue a...
869
Early railway charters in the United States
875
TOPIC BTHROUGH ROUTING AND RATING 999 Carriers not compelled to route bill or rate through
878
Carrier may select connecting line 1001 Establishment of through route by agreement
879
INTERPRETATION OF THE INTERSTATE COMMERCE
881
Provisions of the statute
883
Amendments of 1906
885
Effect of the
893
Discrimination against staple industry of a locality 979 Milling or compressing in transit 980 Discrimination in facilities 981 Instances of local discri...
894
TOPIC BSUBSTANTIALLY SIMILAR CIRCUMSTANCES AND CONDITIONS 982 Substantial difference of conditions
896
Competition
897
General principles governing the section 985 Competition 986 Relief from operation of the section
899
Common arrangement
900
Pooling
909
CHAPTER XXXII
910
Elements considered in establishing a general tariff of rates
913
Bearing of tariff as a whole on reasonable rates
914
Schedule as a whole may throw light on reasonableness of par ticular rate
915
Schedule as a whole important where rate is fixed by public authority
916
Customary rate presumably reasonable
917
General principles
918
Comparison with other rates
919
Special service
920
Incidental charges
921
Conditions
922
Route
923
Cost of service
924
Value of service to shipper
925
Value of goods
926
Amount
927
Distance
928
PROPER PARTIES
934
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
953
Parties given opportunity to be heard
953
Place of hearing
954
Through rates
959
Carriage for the government
960
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
CHAPTER XXV
1015
Pleadings
1050
STATE STATUTES AGAINST LOCAL DISCRIMINATION
1059
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
Texas
1114
Virginia
1115
Washington 1297 Wisconsin
1117
Conclusion
1118
PART II
1119
SUBTOPIC 2SEPARATION OF GOVERNMENTAL POWERS 1319 Delegation of ratemaking power 1320 Delegation of power without appeal to t...
1120
New York
1125
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
North Carolina
1213
Advantages of car load traffic 778 Permission to mix carloads 779 Lower rates for shipments in bulk 780 Shipments in train loads problematical
1238
General principles of classification 931 Instances TOPIC DUNREASONABLE RATING 932 General principles
1239
Adjustment of business to established classification 564 Classification according to manufacturers representations 565 Classification of various goods ...
1240
Value of the goods as an element in determining classification 591 Difference between values justifies difference in classification 592 Different classif...
1241
Reasonableness of return a judicial question
1244
DISCRIMINATION BETWEEN LOCALITIES TOPIC ADISCRIMINATION BETWEEN LOCALITIES AT COMMON LAW 831 Locality has no ri...
1245
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
Refusal to carry because of color or race 248 Refusing distasteful people 249 Refusing on moral grounds
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
North Dakota
1263
Fair rate of return
1266
Passenger rates 934 Freight rates instances
1272
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
South Carolina
1275
The establishment of stations must be reasonable 224 Establishment of stations by legislation 225 Requirement of stations by the courts conservative ...
1276
Not required by original act 936 Switching privileges
1277
Tennessee 1118 Texas
1278
Vermont
1282
West Virginia
1283
Wisconsin 1122 Conclusion
1284
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Seite 1111 - 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.
Seite 1014 - 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...
Seite 1035 - 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...
Seite 869 - 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...
Seite 963 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Seite 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.
Seite 812 - 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.
Seite 1158 - 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...
Seite 927 - 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.
Seite 899 - 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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