The Control of Public Utilities, Volume 1

William Mills Ivins, Herbert Delavan Mason, New York (State)

Baker, Voorhis & Company, 1908 - 1149 páginas

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PREFACE	xxxix

Section	xliii

TABLE OF ABBREVIATIONS	lxxiii

PAGE	lxxix

PUBLIC SERVICE COMMISSIONS LAW AND NOTES	2

Territorial jurisdiction of commissions powers of board	65

Secretary to the commissions	75

Salaries and expenses	81

16 Consideration of amount shipped	323

19 Extending facilities to express companies	326

20 Preference in grants of right to do business on carriers premises	327

22 Embargo	329

24 Carload shipments and maximum and minimum carload weights	330

34 Evidence	342

9 Shipper bound to know lawful rate	348

10 Depots and stations defined	350

PAGE	82

Annual report of commissions	89

4 A personal privilege	106

6 Waiver or destruction of privilege	107

8 Production of books and papers	108

9 When witness will be compelled to answer	109

Court proceedings preferences	110

Rehearing before commission effect of application for я rehearing	111

30 Legislative grants construed favorably to the public	112

2 When a rehearing will be denied	113

3 When a prior decision will be modified or reversed	114

Service and effect of order grounds for their suspension or abrogation	115

1 Effect of orders Validity presumed	116

2 Prima facie weight of findings of fact	120

3 Upon whom binding	122

5 Judicial review of orders In general	123

6 Acts of administrative tribunals	124

7 Constitutional questions	125

8 Acts done pursuant to police power	128

9 As to rates and service	129

10 Judicial restraint of orders In general	132

11 Grounds for equitable relief	133

12 When temporary restraining order will be granted	135

13 When a temporary restraining order will be denied	136

14 Premature application	137

15 Where petitioner is an unlawful monopoly	138

17 Rule where reasonable doubt exists	139

18 Form and scope of injunction orders	140

19 Relief from changed conditions	141

20 Federal interference with orders of state commissions In general	142

22 Suits against a state	143

23 Proceedings in state courts	145

25 Federal question raised	146

28 When federal court may enforce order of state com mission	147

ARTICLE II	148

1 Powers of Interstate Commerce Commission	149

3 Shipments between points within a state passing through another state in transit	151

4 Switching of cars	152

6 Other accessorial services	153

8 When the interstate transportation begins	155

10 Extent of state and federal regulative power	157

11 Effect of failure of Congress to exercise its regulative powers	162

12 Extent of police power of states	163

14 Statutes relating to rates and charges	164

accommodations	165

16 Statutes relative to conduct of business	167

17 Statutes imposing tax	170

18 Rules of construction	171

19 State and federal statutes operating on same subject	172

Safe and adequate service just and reasonable charges ex cessive charges prohibited	173

1 Statutes declaratory of common law	175

3 Compelling performance	176

4 Effect of ownership of freight by carrier	177

6 How duty may be discharged	179

8 Duty to furnish safe machinery and appliances	180

10 Duty as to hauling of sleeping cars and private cars	181

12 Extent to which carrier holds itself out as such as affecting duty	183

13 Delivery as part of transportation	184

16 Duty as to depots and grounds	185

17 Duty to furnish passengers with seats	186

19 Determination as to fulfillment of duty	188

20 Exoneration from obligations as carrier	189

21 Sleeping cars considered as cars of carrier	190

23 Nature of passenger tickets	191

24 Private car system not favored	192

30 Right to charge	194

33 How question of reasonableness is determined	195

34 Burden of proof	196

36 Rebates as evidence that rates are unnecessarily high	197

38 Statutory rates	199

39 Advances in rates	200

40 What constitutes a reduction in rates	202

44 Extent of interest of shippers or public in rates	203

47 Mandamus to compel issuance of ticket	204

49 What sum may reasonably be tendered in payment of fare on street cars	205

53 Reparation through Interstate Commerce Commission	207

54 Burden of proof	208

56 Measure of damage	209

59 Transfer statutes How construed generally	211

61 To what roads applicable	212

62 Demand for transfer Rules as to time for making	213

63 Sufficiency	214

67 Time limit on use of transfers	215

70 Good faith of passenger as affecting right to penalty	217

71 Matters in defense	218

72 Actions for penalties	219

73 Effect of repeal of penal statute	220

Switch and sidetrack connections powers of commissions to order their installation or discontinuance	221

1 Duty to furnish switch connections	222

2 Right of shipper to demand sidetrack connections	223

3 Public control	224

6 Objections to installing of switches	225

11 Permit to construct a switch in a public street	226

14 Switching charges	227

1 Power of state to require posting of schedules	229

3 Schedule making power not legislative	230

7 Form of schedules	231

11 What constitutes sufficient posting and publication	232

12 Excuses for failure to keep schedules posted	233

16 What constitutes notices to shipper of rules for shipment	234

19 Charges for refrigeration	235

22 Basis of rates fixed	236

25 Effect of failure to publish regulations	237

28 Reservation in schedule of right to route goods	238

33 Method in general	239

34 Matters which may be considered	240

33 Classification of specific articles	241

36 Form of classification sheet	243

Changes in schedule notice required power of commissions to allow changes on less notice	244

Concurrence in joint tariffs filing of all contracts agreements or arrangements between any carriers	245

1 Power of railroads to establish through routes and joint rates	247

3 When agreement with shipper for through transportation exists	248

5 Joint tariff must show carriers uniting in making it	249

8 What is proper rate in absence of agreement for joint rates	250

1 Rule of equality	252

2 Discretion of carrier in fixing rates	254

3 Unlawful discrimination defined	255

5 Whether mere making of rate constitutes discrimination	256

8 Carrier bound by acts of agents	257

12 Secrecy of rate not test of lawfulness	258

16 Devices for giving preference	259

17 Intent of carrier	260

18 Public right not affected by private agreements	261

22 Declaratory of common law	262

24 Effect on prior contracts	263

26 Circumstances of each case must determine	264

29 Distance or mileage as factor	265

30 Relations between carrier and shipper relevant	266

33 What constitutes dissimilarity in general	267

34 What difference in circumstances justifies	269

37 Whether competition may be considered	270

38 When competition exists	271

40 Extent to which competition justifies	272

41 What are contemporaneous shipments	273

44 Amount of freight shipped as affecting carriers duty	274

45 Other traffic from shipper or passenger as justification	277

48 Unnecessary cost of operation not justification	278

51 Time of year	279

56 Discriminate contracts unlawful	280

9 Various public services within the scope of the act	282

61 Group rates and basing points	284

62 Charges for specific services	286

64 Gross and net weights	287

66 What facts show unjust discrimination	288

67 Foreign and domestic and through and local rates What adjustment carriers may make	296

68 Exaction of local rates on through traffic	299

73 Effect of nonconsent of connecting carrier to through rate	300

78 Justification	301

81 Actions and proceedings Right of action arising from unlawful discrimination	302

82 Injunctions	303

85 Burden of proof	304

86 Evidence	305

88 Damages	306

90 Elements of the offense	307

92 Necessity for action by commission	308

tnreasonable preference	310

1 Rule of equality	311

2 Legislative control	313

3 Who may complain	314

7 Matters relevant in determining question of unduo pref erence	315

8 Intervention by commission	316

10 Effect of competition	317

11 Delay as discrimination	318

13 Forwarding out of order of receipt	321

21 Filing and publication of excursion rates	354

riers In general	360

12 Effect of various forms of ownership and control upon	366

10 State or federal regulation	367

11 What carriers charged with duty	368

14 Consent of carrier to making of through route or rate	369

16 What constitutes a discrimination between connecting lines	370

18 Wbat are connecting or through lines	371

21 Bill of lading as a facility which may be compelled	372

express matter	373

27 Division of joint rates	374

32 Actions for penalties 875	375

15 Receiverships	376

Long and short haul power of commission to authorize less charge for longer than for shorter distance	377

1 Purpose of long and short haul section	378

2 Scope and application of section	379

6 Prohibited acts also an unjust discrimination	380

7 Violation a question of fact	381

12 When relief will be granted	382

15 Facts of each case to control	383

20 Inference arising from disparity between rates	384

23 Burden of justifying charge	385

24 Dissimilar circumstances and conditions as justification for violating long and short haul rule In general	386

25 Difference in bulk or value	387

28 Export rates 358	388

31 Competition as justification	389

32 What competition is a justification	392

33 Facts in rebuttal	393

34 Whether competition justifies is question of fact	394

37 Actions to recover for violation of section Right to recover	395

40 Defenses	396

44 Indictments	397

1 General duty to furnish cars	399

3 4 Duty as to furnishing of cars on sidings	400

5 Necessity for tender of goods	401

7 Notice of inability to furnish	402

9 Duty to prorate	403

10 Preference to shipments of perishable property	404

12 Effect of agreement as to distribution	406

14 Penalties for failure to furnish cars Validity of statutes	407

15 Construction of statutes	408

19 Pendency of other proceeding	409

22 Questions for jury	410

26 Right to exact demurrage charges	411

28 Allowance of time for unloading	412

29 Carriers lien for demurrage	413

31 Power of commissions	414

1 Duty to give bill of lading	415

3 Contents of bill	416

5 Validity of bill of lading in general	417

10 Liability as warehouseman	418

11 Reasonable notice and time for removal of goods from station	419

12 Power of state to regulate	420

14 Liability of carriers on through shipments	422

15 Limitation of liability on through shipments	423

16 Failure to deliver as evidence of negligence	424

18 By special contract	426

19 By stipulation in bill of lading	428

20 By general notice	430

22 Time for presentation of claim	432

23 Power of commission	433

27 Whether provisions will be construed as limitation of lia bility for negligence	434

29 Delay in transportation Duty and liability of carriers	435

30 What constitutes unreasonable delay	436

31 Validity of statutes relative to delay	437

35 Contracts	438

38 Baggage What are proper articles of baggage	439

39 Source of carriers obligation as to baggage	440

352	441

Liability for loss or damage caused by violation of this act reasonable attorneys fees taxable as costs	443

1 Right of action	444

2 Whether statutory remedy supersedes existing remedies	445

3 Validity of provision allowing attorneys fees	446

4 Statutes allowing recovery of punitive damages	448

8 Trial	449

20	457

Section	474

21 Regulations as to employees	493

24 Ordering through routes and through rates	494

23 Enforcement of antitrust laws	495

27 Classification of freight	498

28 Through routes and rates In general	499

29 Division of through rates	500

30 Regulation of method of operation practices etc	501

31 Reasonableness of regulations	502

32 Right of carrier to reasonable return on investment In general	503

33 Right to earn profit on every part of road and every service rendered	507

35 Test of reasonableness	508

37 How great a return should be allowed	509

39 Interests of carrier and shipper must be considered	514

42 Consideration of joint rates and the division thereof	515

43 Consideration of entire system	516

44 Money invested in enterprise	517

17 Cost of construction or reproduction	519

48 Depreciation	520

52 Operating expenses	521

53 Earnings and general financial condition of road	522

51 Value and cost of service rendered	524

55 Risks of the enterprise	525

56 Cost and value of article transported	526

57 Remunerativeness of business of shipper	527

60 Bulk of commodity carried	528

62 Rate per ton per mile	530

63 Manner in which rates were brought about	531

65 Comparison with other rates etc	532

66 Prior maintenance of rates	534

67 Competition	536

69 Statistical tables	537

71 Opinion evidence	538

73 Orders 514	544

Power of commissions to order repairs or changes 517	547

1 Highway crossings	548

2 Equipment and appliances	550

3 Changes of motive power	551

4 Stations and waitingrooms	552

5 Operation generally	553

8 Effect of regulative act on existing right	554

Uniform system of accounts access to accounts etc for feiture liability of employees of commissions who divulge information 536	556

Franchises and privileges approval of commission required certificates of public convenience and necessity	557

21	558

2 Certificates of public convenience and necessity As prerequisite	559

4 Matters to be considered	560

5 Grounds for granting or refusing	561

6 Review of determination	563

7 Consents of property owners Necessity	564

9 Consents from other lines	565

11 Rescission or withdrawal	567

13 Franchise Power to grant	568

14 Purposes of franchises	569

15 Construction	570

Cases on question of interference with easements of light air access etc by elevated railroad n 571576	571

Transfer of franchises or stocks consent of commission re quired holding companies	576

1 What constitutes control	578

5 Powers duties and obligations as affected by lease 23	582

6 Regulative power as affected by consolidation	583

9 What included in lease	584

11 Actions to restrain or set aside unauthorized agreements	585

12 Common directorate	586

15 When dissolution is effected	587

14 Validity of commission plan of regulation	589

2 Distinction between franchises to be a corporation and to operate a railroad 5 30	590

3 Validity of issue of securities	591

4 Validity of plan of consolidation	592

6 Application for authority to issue bonds	593

35	598

Penalties for other than common carriers liability of agents	611

General powers of commissions in respect to gas and electricity	617

Inspection of gas and electric meters	632

16 Division of the powers of government	635

Approval of transfer of franchise holding companies	639

Section	641

17	643

Forfeiture for noncompliance with order actions to recover	655

Commission of gas and electricity abolished effect thereof	661

Construction this act shall not be deemed to apply to inter	667

THE NEW YORK RAPID TRANSIT ACT 701770	770

INDEX TO THE RAPID TRANSIT ACT 771834	834

360	876

INDEX TO THE INTERSTATE COMMERCE ACT 867939	939

18	979

361	993

491	1042

492	1054

Direitos de autor

Palavras e frases frequentes

11 Inters action affd affg amount ante apply authority bill Board carry cars Cent charges Chicago City classification coal Commissioners common carrier compel competition complainant connecting Constitution construction contract corporation court determining discrimination duty effect enforcement equal established ex rel exercise facilities fact fare filed fixed freight furnish give given grant haul Held Inters Interstate Commerce Act Interstate Commerce Commission joint judicial justify legislative legislature less liability limited Matter means N. Y. Supp officers operating P. R. Co party passengers penalty person proceeding production proper provisions published question railroad railway rates reasonable receive refusal regulation Reports revg road route rule schedules shipment shipper statute street switch tariff tickets tion traffic transfer transportation unjust unlawful unless unreasonable violation York

Passagens conhecidas

Página 860 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Aparece em 585 livros desde 1819-2005

Página 859 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...

Aparece em 577 livros desde 1856-2005

Página 861 - 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 documentary evidence before the Commission, as hereinbefore provided.

Aparece em 613 livros desde 1852-2007

Página 524 - 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. We do not say that...

Aparece em 844 livros desde 1816-2007

Página 851 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection...

Aparece em 402 livros desde 1777-1996

Página 859 - Any commissioner may be removed by the President for .inefficiency, neglect of duty, or malfeasance in office.

Aparece em 572 livros desde 1876-2007

Página 860 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.

Aparece em 405 livros desde 1798-2005

Página 859 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed.

Aparece em 381 livros desde 1856-2006

Página 852 - 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...

Aparece em 377 livros desde 1803-2005

Página 856 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation...

Aparece em 431 livros desde 1798-2003

Informação bibliográfica

QR code for The Control of Public Utilities

Título	The Control of Public Utilities, Volume 1 The Control of Public Utilities, Herbert Delavan Mason
Autores	William Mills Ivins, Herbert Delavan Mason, New York (State)
Editora	Baker, Voorhis & Company, 1908
Número de páginas	1149 páginas

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