Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce

Capa
Baker, Voorhis & Company, 1915 - 1210 páginas
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Índice

The building of turnpikes
13
The era of canal construction
14
The coming of the railways 16 Transportation facilities as a class 17 Alteration in economic conditions
15
Development in the common law 19 Special restrictions in early charters
16
The struggle against encroaching monopoly
17
Conservative and radical views of regulation
18
State Control of Public Utilities
19
Modern Regulation of Public Services 32 Necessary regulation of virtual monopoly
27
Economic conditions at the present time 34 Control of the public services
28
Differentiation of the public service
29
Unity of the public service
30
The modern programme of State control 38 Overshadowing importance of rate regulation
31
Present state of the public service
32
Ultimate limitations upon public employment
33
State control not socialism
34
CHAPTER II
35
Installation of private switches 82 Regulation of private facilities 83 Power to fix maximum rates 84 Ordering through routes and rates 85 The proble...
36
Development of legislative control
37
Topic A Course of Legislation in England 52 Carriers liability before 1830
38
The Railway and Canal Traffic Act of 1854
39
The Railway and Canal Commission
40
Scope of its powers
41
Increase by later amendments
42
Influence of English legislation
43
POWERS OF THE COMMISSION
58
Authority of English decisions
59
The Granger rate legislation
60
Topic A Foreign Commerce 112 Foreign carriers 113 Ocean carriers 114 Foreign carriers and discriminations 115 Inland portion of foreign comme...
77
Conflict between Federal and State Jurisdiction 142 Power of Congress to regulate 143 Effect of action by Congress 144 Jurisdiction of State and nat...
78
Division of jurisdiction normally
115
Application of regulating statutes
116
Respective powers over service
117
Legislation relating to facilities
118
State legislation burdening interstate commerce
119
Exercise of the Federal supervision 151 Scope for State police power
121
CHAPTER IV
123
Public Duty 198 Public obligation the fundamental principle 199 Nature of the public duty 200 Limitations upon the profession 201 Public duty the...
124
CHAPTER XIX
125
The Mann Act of 1910
135
Terminals
139
Switching
141
Lighterage
142
Drayage
143
Loading
144
Refrigeration
145
Elevation
146
Storage
147
Transit privileges
148
Transportation services
149
Public Profession 186 Who are common carriers
150
Commitment to public service
151
Nature of public profession
152
Extent of the power of regulation
153
Public railroads
154
Private railroads
155
Industrial railways
156
Joint rates
158
Tap lines
159
Plant facilities
160
Extent of the jurisdiction
172
Problem of dependent service
174
BOOK II
177
Bases of Regulation 236 Constitutional limitations upon commission regulation 237 Reasonable rates not necessarily profitable 238 When fair net ea...
178
CHAPTER VI
209
Provisions of the
210
General principles governing reasonableness
211
Rates must be fair to the company and to the public
212
Limitations within which rates must be made
213
Unreasonable regulation universally forbidden
214
Value of the services constitutes minimum
215
Interests of the companies to be considered
216
Interests of the public to be considered
217
Accommodation of the interests of both sought
218
The complexities of the general problem
219
CHAPTER VII
250
Allowance for unremunerative betterments
260
Contributions made by the State
261
Current rate of return 315 Fair rate of return 316 Current rate the standard 317 Reasonable profits sufficiently safe
266
Rate of return upon investments in general
267
Public service has its peculiar risks
268
Policies Respecting Return Allowed 320 General policy for allowing a fair return
269
No right to raise rates in prosperous times 322 Commercial conditions affecting dividends
270
More than current rates of interest not secured
271
How interest payable is considered
272
Profits divided not operating expense
273
Consolidation of interest and dividends
274
Reductions ruinous only to certain companies 328 Creating a fund for payment of uniform dividends
275
Greater profit for better service
276
Character of the Enterprise 330 Larger returns in risky enterprises 331 Hazards of the business considered
277
Whether uniform return upon all property
278
Rate of interest dependent upon safety
279
Risk by reason of depreciated security
280
Rate of return dependent upon locality
281
Investment in public service
282
Present tendencies in regulation
283
CHAPTER VIII
284
Topic A Cost of Performing Service 342 Cost of rendering service 343 Net earnings in general
285
Cost of rolling stock
297
Losses by accident
298
Betterments considered as maintenance
299
Improvement of existing plant
300
Replacement considered as repair
301
Permanent improvements should not be annual charge
302
New construction should be charged to capital
303
New construction not an operating expense
304
Betterment out of income
305
Reasonableness of return a judicial question
306
Types of depreciation
307
Authorities refusing to allow depreciation 365 Renewal of equipment to offset depreciation
308
Fund to repair depreciation
310
Capitalization of past depreciation
311
Payments into sinking fund
312
Amortization of franchise rights
313
Operations of Consolidated Properties 370 Complications in case of systems
314
Divisions as integral parts of the whole system
315
Unprofitable portions of the line not considered
316
Systems considered as wholes
317
Treatment of branch lines
318
Constituent roads operated under separate charters
319
Rent of leased portions 377 If rental becomes unjustifiable
321
PART IITHE RATES IN PARTICULAR CHAPTER LX
323
Cost of handling business 410 Proportionate rates always al 411 Relative reasonableness of rates Topic D Proper Distribution of Costs 412 Law of de...
324
Salaries paid to officials
344
Cost of service estimated from special expenditures
359
Distance as a factor
360
Amount of traffic as a factor
361
Costs of special service
362
Conditions affecting transportation costs
363
Current theories as to relative rates
365
Conclusion as to proportionate rate
366
CHAPTER X
368
Rates should not equalize differences in value
369
Provisions of the
370
Various theories as to rate making
381
Standard rate among competing lines
396
Competition not a ground for raising rates
397
Different classification for dissimilar goods 509 Certain commodities compared 510 Provisions 511 Groceries
412
Vegetables 513 Lumber 514 Bottled goods 515 Dry goods 516 Difference between commodities 517 Raw material and manufactured products Topi...
413
CHAPTER XV
414
Large volume of traffic in a certain commodity
454
Value of the goods as an element
455
Different classification of coals 528 Bases of comparing values of goods
456
Differing value of some kind of freight
457
Topic E Carload and L C L
458
When difference in classification is required
459
Minimum carloads
460
Minimum carload regulations
461
Mixed carloads
462
Shipment in form permitting greater carload
463
Trainloads 537 Traffic handled in special trains
464
Car loaded by several shippers
465
Carriers not obliged to equalize disadvantages
466
Protection of natural advantage
467
No right to build artificial markets
468
No equalization of patrons
469
Equalization of advantage as a factor
470
Passenger fares slightly affected by this principle CHAPTER XI
471
CHAPTER XII
479
Provisions of the
480
Prevalence of classification
481
The meaning of classification
482
Classification the method of establishing the rate
483
The necessity of a proper classification
484
Classification a convenience in rate fixing
485
History of classification in the United States
486
Uniformity of classification attempted
487
Classification necessarily imperfect
488
Classification not unduly minute
489
Extra class divisions
490
Commodity rates
491
Method of classification
492
Interpretation of the classification sheet
493
Influences determining classification
494
Adjustment of business to established classification
495
Classification according to representations
496
Bases of classifying goods
497
Justification for making classification on railroads
498
Reasonableness of classification requisite
499
A proper rate involves reasonableness of classification
500
Classification not determined by a particular commodity
501
Grouping must be reasonable
515
Testing reasonableness of grouping
515
Uniform rate to a group of stations
518
Commutation rates for suburban passengers
519
How basing points are established
520
Whether basing points justified
522
Determination of base rate
523
Extent of power over grouping
524
Creation of a market by preferential rates
526
Equalizing manufactures in different localities
527
BOOK III
529
Established Exceptions to Rule 636 Public wrong in giving free passes 637 Passes prima facie discrimination 638 Reductions for general classes 639 ...
530
Principles governing differences between classes
542
Lowgrade commodities may be carried at low rates
543
Highgrade commodities should not be overcharged
544
Prohibition of special rates
545
Rates in rough proportion to distance normally
583
Jurisdiction of the Commission
584
Bases of rate structure
585
Different cost of haulage
586
Divisions built through a difficult territory
587
Factors modifying distance rates
588
Comparison of through rates and local rates
589
Carriage in opposite directions
590
Rebates to Exclusive Shippers 690 Lower rates formerly made to exclusive shippers
602
Such discriminations foster monopolies 692 Shippers who agree to give all their business
603
Consideration of the cost of serving
604
Shippers requiring less service
605
Shippers who agree to furnish large quantities 696 Charging other shippers more than contract rates
606
Competitive rates for through business
607
Previous or subsequent haul
608
Other methods of holding business
609
Concessions for Special Kinds of Business 700 Different rates for goods used for different purposes
610
Such rates formerly allowed
611
Repudiation of this doctrine 703 Such differences now held illegal discrimination
612
Classification based upon
613
Personality of shipper
614
Restricting rates to certain purposes 707 When commodities are of different character
615
Topic B Shipment in more Convenient Units 720 Differences in the character of the service 721 Shipment in carloads
629
Advantages of carload traffic
630
Permission to mix carloads
631
Lower rates for shipments in bulk
632
Shipments in trainloads problematical
633
Contracts for regular shipments
634
Units in passenger service
635
The basis of the differential
636
Comparison of bulk and package rates Topic C Facilities Furnished by Shippers 730 Terminal facilities furnished by shippers
637
Undue prejudice in granting allowances
638
Unjustifiable differences in rates
639
Concessions to shippers in bulk considered
640
Railroad without tank cars
641
Transportation expenses paid by shipper 736 Rental paid on shippers cars
642
Allowance for cars or facilities furnished
643
Restriction to Scheduled Allowance 738 Extent of statutory restrictions
644
Both rates must be open to
646
Lighterage allowance
647
Concessions to those who deal with the carrier
651
Fostering the interests of the carrier
652
Barter of transportation forbidden
653
Inconsistent contracts held unavailing
654
Continuing contracts no justification
655
Whether executed contracts are different
656
Preference in certain services permissible
657
What concessions constitute discrimination
658
Where service of different character
659
Where no public service involved
660
Weight to be given to such evidence 756 Higher rate not necessarily unreasonable
661
Reasonableness of rate per se immaterial under statute Topic B General Principles of Statutory Regulation 758 What discrimination is not unlawful
663
Discrimination which is not undue
665
Interdependence of rates to various localities
666
No vested right in preferential rates
667
Discrimination explained by local circumstances
669
Distance as a factor in rate making
670
Difference between through and local rates
671
Railroad rates tend towards a cost basis 766 Various systems of making distance rates
674
Burden upon the railroad to defend discriminatory rates
675
Topic C What Constitutes Undue Prejudice 768 Provisions against undue prejudice
676
Discrimination resulting from intrastate ratesThe Shreveport case
679
Discrimination by means of rate adjustments
681
Conditions which are not dissimilar
683
Dissimilarity of condition is a question of fact 773 Discrimination against points off the line
686
What constitutes a through line
689
Equalization of economic advantagesEconomic theory
690
Equalization of economic advantagesLegal practice 777 Discrimination against the staple industry of a locality
695
Equalization of values
696
CHAPTER XIV
697
Long and Short Haul 780 Long and short haul at common
698
Legal justification of lower longhaul rate
699
Statutory regulation of long and shorthaul rates 783 The Fourth Section Amendment of 1910
702
Provisions of the
703
Elevation charges
741
Transit privileges
742
Terminal allowances
743
PART IIPREVENTION OF DISCRIMINATION CHAPTER XVII
749
General principles governing the Fourth Section
784
Through service may be undertaken
793
Provisions of the
800
Scope of its policy
811
What rates must be published
812
Effect of scheduling rates
813
Terminal and transit charges
814
Conclusive presumption of legality
829
Of whom filing required
830
Provisions cannot have retroative effect
831
Schedules working changes in rates
832
Invalidity of varied rate
833
Stipulations in bills of lading
834
Limitations of legal obligations
835
Carriers discriminating against its rivals
836
Railroad cutting its own rates for itself
837
Topic B Provision of Reasonable Facilities 920 Not required by original Act 921 Orders concerning freight delivery
838
Contracts with grain elevators
839
Arrangements with stockyards 924 Service at private sidings
840
Installing switches now under the
841
Basis for ordering switch connection
842
Any discriminatory treatment forbidden
843
Establishment of stations
844
Protection of its terminals
845
Supply of Equipment 8 930 Basis of the duty to supply equipment 931 Commission jurisdiction over facilities
846
The obligation treated reasonably
847
Provision of special equipment
848
Demand foreseen although unusual
849
Reasonable time to increase facilities
850
Carriage through in same car 937 Provision of cars in through service Topic D Distribution of Equipment
852
Presumptions as to through carriage
863
Effect of the Carmack Amendment
864
What constitutes connecting service
865
Obligation of initial carrier to take to connection
866
Obligation of second carrier to accept
867
Obligations as to routing
868
Fixing the blame for misrouting
869
Carriers not compelled to bill through
870
Discrimination forbidden where public duty involved
871
Joint rates must be reasonable
872
Limitations upon joint rates
873
Nature of a joint rate
874
Joint rate lower than combination
875
Concurrence of carriers concerned
876
Share of separate carrier as evidence
877
Through rate although transit is broken
878
Policing of transit privileges
879
Proportional rates
880
Export rates
881
Physical connections at common
882
Necessity for official valuations
883
Valuation based upon investment
884
Present value the basis of valuation
885
Whether market values should be considered
886
Consideration given to the entrepreneur
887
Details of the present valuation 977 Finality of this valuation
888
Prohibition of Intercorporate Relationships 8978 Restraint of trade at common
889
CHAPTER XXI
897
Procedure upon such investigation 1020 Due process of administration 1021 Jealous protection of substantial rights 1022 Constitutional limitations u...
898
CHAPTER XXII
929
Damages to business generally 1060 Nature of the order 1061 How far party may reopen case 1062 Finding of Commission does not work an estopp...
930
Discrimination in use of cars
938
Jurisdiction of the Commission
946
No reparation for misquoted rate
952
Liability for negligence in quoting rates
953
Limitations of this policy
954
Reparation
955
Bases of award by reparation
956
CHAPTER XXIII
965
Stay of proceedings 1103 Satisfaction of complaint 1104 Conditions of granting reparation 1105 Scrutiny of reparation agreements 1106 Parties giv...
966
Certain decisions support pooling
979
Pooling forbidden by the Commerce
980
Meaning of the Sherman
981
Extent of the Clayton Amendments
982
Requisities as to hearings
1004
Investigation by federal Commission
1010
Extent of its powers
1011
Powers of State Commissions
1012
Jurisdiction of the State courts
1013
Topic B Grounds of Invalidity of Commission Action
1021
Action under an unconstitutional statute
1041
Action not within the statute
1043
Action in violation of constitutional gu tees 1143 Action after an inadequate hearing
1047
Action upon mistaken conclusions of
1048
Action contrary to evidence
1051
Limitation to evidence in the record
1053
Conclusiveness of Commission findings
1054
Procedure for Determining Validity of Commission Action
1056
Temporary restraining order 1149 Injunction against enforcement
1057
Balance of equities
1058
Appeal from the district court on petitions for injunctions 1152 Sufficiency of averments
1060
Necessary and proper parties
1061
Venue of enforcement suits 1155 Introduction of new evidence
1062
Enforcement Proceedings in the Courts 1156 Functions of the Commission in the enforcement of the
1063
Judicial process in aid of proceedings before the Commission
1065
Judicial action necessary to the enforcement of orders
1067
Parties to enforcement suits
1068
Orders unenforceable because of defects
1069
Power of the courts to modify orders of the Commission 1162 Sufficiency of averments
1071
Recovery on a reparation order of the Commission
1073
Findings of the Commission as evidence
1075
APPENDICES APPENDIX A THE ACT TO REGULATE COMMERCE AS AMENDED
1079
Board of Trade
1089
State Railroad Commission
1090
Intervening parties
1091
Proper parties defendant
1092
Course of the proceedings
1109
Limitation of actions
1110
Dismissal when order unnecessary
1111
Rules of evidence
1112
Res adjudicata
1113
Insufficient grounds for findings
1114
Proof of damage required
1115
Presumptions from voluntary continuance
1116
Admissions by making changes
1117
Privilege against selfcrimination
1118
Adverse interest of witnesses not to be considered
1119
Testimony on both sides should be introduced
1120
Production of books and papers
1121
Burden of establishing case
1122
Burden of justifying advances
1123
Provisions of the
1128
Necessary parties defendant
1130
Further provisions
1131
Jurisdictional limitations upon Commission action
1132
The nature of the Commission
1133
The functions of the Commission
1134
Preliminary action by the Commission necessary
1135
Certain consequences of this doctrine
1136
Appeal from the Commission to the courts
1137
Jurisdiction of the Federal courts
1138
Constitutional and statutory limitations distinguished
1139
Allowances for facilities closely scrutinized 745 Allowances for facilities still permissible
1156
Capitalization outstanding 263 Nominal capitalization 264 Stock issues often deceptive 265 Bonded indebtedness beyond present values 266 Market ...
1158
Relief from improper classifications 504 Lowgrade commodities 505 Highgrade manufactures Topic C Comparison of Commodilies 506 Elements i...
1160
Absence of competition does not justify increase 460 No obligation to meet competition
1162
Reasonable profit upon each transaction 308 Jurisdiction of the Commission
1164
Reasonableness of the schedule as a whole 221 Tests of the reasonableness of a schedule
1165
The same rate for substantially similar services
1167
Testimony compelled in quasijudicial proceedings 1015 Summoning witnesses in general investigations
1173
Order of preference between shippers 941 Where no preference justifiable
1174
Basis of prorating cars 943 Respective requirements compared 944 Cars needed by railroads
1175
The public services of the present day 23 The effect of natural monopoly
1178
Difficulty of distribution as a factor 25 Scarcity of advantageous sites 26 Limitation of available time
1179
The new long and short haul clause 88 Establishment of through routes 89 Suspension of rate advances 90 The Hadley Commission 91 The Commer...
1182
The Abilene Oil case 95 The Proctor Gamble case 96 The Williamette Valley case 97 The Lemon Rates case 98 The Baltimore Ohio Southwestern ca...
1183
Investigation by the Commission on its own motion 1017 Investigation as a result of filing new tariff
1184
Meaning of joint tariff 837 Making and filing jointly 838 What particulars must be published 839 Rates based upon combinations
1185
Carrier might formerly select route 889 Present scope of the Act 890 Duty to deliver to connections 891 Policy of recent legislation Topic D Compul...
1186
Line haul 197 Intermingled service
1187
Cost of supplies 346 Unreasonable expenditures
1189
Who are parties in interest 1095 Defendants must have an interest 1096 One of several joint parties 1097 Liabilities in through carriage
1190
Status of the companies affected
1191
Provisions of the Panama Act 984 Examples of pooling arrangements 985 Certain agreements held valid
1192
Who entitled to reparation 1099 As between consignor and consignee
1193
Proportionate difference between the classes 546 Principles in making commodity rates 547 Reasonableness tested by comparison 548 Slight differen...
1197
Competition in passenger fares Topic D Rates Designed to Equalize Advantages 462 Operation of the principle of equalization 464 Limitations upon...
1198
Many elements to be taken into account 223 Relation of a particular rate to a whole schedule 224 Conclusions as to proportionate rate 225 Company ...
1199
Rules and regulations
1202
Publication of schedules 817 Posting in station
1204
Divisions and proportional rates 843 Parties liable to prosecution Topic D Form of Schedules Required 844 Clearness of statement 845 Necessary ful...
1205
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Passagens conhecidas

Página 1003 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unlawful...
Página 1024 - ... or lawful requirement of the Commission shall be guilty of an offense, and upon conviction thereof by a court of competent jurisdiction shall be punished by...
Página 1013 - All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission. Until otherwise provided by law, the Commission may rent suitable offices for its use. The Auditor for the State and Other Departments...
Página 1013 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures.
Página 999 - ... state separately all terminal charges, storage charges, icing charges, and all other charges which the Commission may require, all privileges or facilities granted or allowed and any rules or regulations which in any wise change, affect, or determine any part or the aggregate of such aforesaid rates, fares, and charges, or the value of the service rendered to .the passenger, shipper, or consignee.
Página 16 - 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 that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Página 993 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...
Página 1032 - That it shall be unlawful for any person engaged in commerce, in the course of such commerce, to lease or make a sale or contract for sale of goods, wares, merchandise, machinery, supplies, or other commodities, whether patented or unpatented...
Página 997 - 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...
Página 815 - That no corporation engaged in commerce shall acquire, directly or indirectly, the whole or any part of the stock or other share capital of another corporation engaged also in commerce, where the effect of such acquisition may be to substantially lessen competition between the corporation whose stock is so acquired and the corporation making the acquisition, or to restrain such commerce in any section or community, or tend to create a monopoly of any line of commerce.

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