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

Joseph Henry Beale, Bruce Wyman

Baker, Voorhis & Company, 1915 - 1210 páginas

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BOOK I	3

Economic limitations create public employment	4

Topic A The Early Policy of Regulation 2 The mediæval theory of State control 3 The regulation of business in the middle ages	5

Early differentiation of the public service	6

The history of the carrier	7

The position of the wharfinger	8

Continuance of State regulation 8 Parliamentary regulation of rates	9

Restriction of prices in the colonies 10 Persistence of the legislative power	10

All discrimination forbidden by the better view	539

Necessity for the rule against discrimination	540

Rule forbidding personal discrimination	541

Public injury by discriminations in freight rates	542

Policy of the	543

Topic B What Constitutes Statutory Discrimination 624 What amounts to a rebate	544

Proportionate difference between the classes	545

Demurrage costs	577

Survival of the common	11

Topic B Persistence of State Regulation 12 Introduction of improved highways	12

The building of turnpikes	13

The era of canal construction 15 The coming of the railways	14

Transportation facilities as a class	16

Alteration in economic conditions	17

Development in the common	18

Special restrictions in early charters	19

The struggle against encroaching monopoly	20

Conservative and radical views of regulation	21

Cost of the plant 30 Service on a large scale	25

Legal privileges accompanying public employment	26

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	31

Overshadowing importance of rate reg tion 39 Present state of the public service	32

Ultimate limitations upon public employment	33

State control not socialism	34

CHAPTER II	35

Development of legislative control	37

Topic A Course of Legislation in England 8 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 59 Authority of English decisions	43

The Granger rate legislation	44

Scope of the original provisions	52

The immediate amendments found necessary 73 The Elkins Act of 1903	53

Limited jurisdiction over rates	54

Lack of power over through rates	55

The Strengthening of the Commission 78 The Hepburn Act of 1906	56

Occasion for the	57

Installation of private switches	58

Regulation of private facilities	59

Power to fix maximum rates 84 Ordering through routes and rates	60

Railroad commissions of former times	61

Additions to their powers	62

The modern public service commissions	63

The spread of the movement	64

Extent of their supervision	65

Topic A Foreign Commerce 112 Foreign carriers 113 Ocean carriers 114 Foreign carriers and discriminations	77

Inland portion of foreign commerce	83

Requisites of port proportionals	84

The new long and short haul clause	87

Establishment of through routes	88

Suspension of rate advances	89

The Hadley Commission	90

The Commerce Court	91

The Panamna	92

The Valuation	93

The Abilene Oil case	94

The Proctor Gamble case	95

The Williamette Valley case	96

The Lemon Rates case	97

The Baltimore Ohio Southwestern case	98

The Minnesota rate case	99

The Shreveport case	100

The Intermountain case	101

The Pipe Line case	102

Inherent limitations upon commission action	103

Import rates may be regulated by competition	118

Export rates regulated by competition	119

Foreign competition justifies only necessary differences	120

Limitations upon export and import rates a Topic B Interstate Commerce	121

What are considered States?	122

What constitutes commerce between the States?	123

Traffic in movement between States	124

Termini within a single State routed through another State	125

Carriage wholly within a State	126

Local carriage when through transportation contemplated	127

Beginning and ending of interstate transit	128

Precedent and subsequent transportation	129

Power to fix rates under the Constitution	130

Extent of the Federal jurisdiction	131

Existence of common arrangement	132

Continuity of interstate shipment	133

Relations with water lines	134

What constitutes continuous carriage?	135

Local carrier participating in through carriage	136

Intrastate part of interstate movement	137

Line of the distinction	138

Device to break through shipment	139

Publishing of proportional rates	140

Transit privileges under through arrangements	141

Power of Congress to regulate	142

Effect of action by Congress	143

Jurisdiction of State and nation	144

Division of jurisdiction normally	145

Application of regulating statutes	146

Respective powers over service	147

Legislation relating to facilities	148

State legislation burdening interstate commerce	149

Exercise of the Federal supervision	150

Scope for State police power	151

Provisions of the	160

Continual extension of jurisdiction	161

Railroads	162

Water lines	163

Passenger transportation	164

Street railways	165

Express companies	166

Sleeping car companies	167

Parlor car service	168

Dispatch lines	169

Pipe lines	170

Telegraph lines	171

Telephone systems	172

Government services	173

Transfer	174

Wharfage	175

Terminals	176

Switching	177

Lighterage	178

Drayage	179

Loading	180

Refrigeration	181

Elevation	182

Storage	183

Transit privileges	184

Transportation services	185

Who are common carriers	186

Commitment to public service	187

Nature of public profession	188

Extent of the power of regulation	189

Public railroads	190

Private railroads	191

Industrial railways	192

When fair net earnings left	203

Possibility of increase of business	204

Making rates compared with levying taxes	205

Governmental regulation best for all concerned	206

Inherent difficulties of accommodating all tests 243 Conflicting authorities still persist	208

CHAPTER V	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

Reasonableness of the schedule as a whole	220

Tests of the reasonableness of a schedule	221

Many elements to be taken into account	222

Relation of a particular rate to a whole schedule	223

Conclusions as to proportionate rate	224

Company cannot make unreasonable rates	225

Company cannot justify exorbitant profits	226

Special circumstances affecting the particular rate	227

Portion of plant not now utilized	258

Treatment of outside investments	259

Allowance for unremunerative betterments	260

Rates at which governments can borrow no criterion	261

Contributions made by the State	261

Capitalization outstanding	262

Nominal capitalization	263

Stock issues often deceptive	264

Bonded indebtedness beyond present values	265

Market value of securities	266

Securities issued upon reorganization	267

Capitalization authorized by public authorities	268

The problem of watered stock	269

Property acquired from surplus earnings	270

Inquiry into foregone profits	271

Existing capitalization hardly excessive	272

Power to set aside a statutory rate	273

Constitutional requirements	274

Original cost as affecting present value	275

Going value	276

Franchise values	277

Purchase value	278

Tax appraisals	279

Rate of interest dependent upon safety	279

Development cost	280

Capitalized rights	281

Governmental valuations	282

Treatment of unearned increment	283

Valuation of utilized realty	284

Rule of the Minnesota courts 286 Methods of Texas Commission	286

The federal courts opposed	287

Explanation of the California decisions	288

Condition of the plant itself	289

What physical reproduction means	290

Identical reproduction	291

Intervening conditions	292

Piecemeal construction	293

Overhead charges	294

Unit prices	295

Cost of building up the business	296

Cost of rolling stock	297

Losses by accident	298

Betterments considered as maintenance	299

Provisions of the	300

Elements in determining a fair return Topic A Establishment of the Doctrine	301

Establishment of the power to restrict charges	302

Rates fixed must not produce a deficit	303

Adequate return must be left	304

Reasonable return must be left	305

Reasonableness of return a judicial question	306

Reasonable profit upon each transaction	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	323

Respect paid to the cost basis	328

Cost of service the basic test	329

Costs considered in determining comparative reasonableness 387 Limitation upon the law of increasing returns	331

Length of haul as a factor affecting a particular rate	332

Modification of the principle of the length of haul	333

Volume of traffic as a factor affecting the rate	334

Increased volume of traffic causing increase of cost Topic B Method of Determining Particular Costs	335

VALUE OF SERVICE RECEIVED	368

Rates should not equalize differences in value 466 Carriers not obliged to equalize disadvantages 467 Protection of natural advantage 468 No right to...	369

CHAPTER III	370

Essential defects in the principle	371

Legal limitations peculiarly necessary	372

Value of service to shipper	373

Value of the goods	374

Limit of value of service	376

Traffic will continue to move at unfair rates	377

Worth of the service to the owners	378

Treating the schedule as a whole	379

Doctrine hardly applicable to passenger fares	380

Various theories as to rate making	381

General principles as to reasonableness	382

Customary rate presumably reasonable	383

Rates unreasonable in themselves	384

What makes rates unreasonable?	386

Current rates for other transportation	387

Comparison with other rates	388

Evidence inadmissible unless conditions are similar	389

Comparison of rates between different localities	390

Usual rates govern passenger fares	391

Proper proportions of total costs	392

Apportionment of separable costs to different services	393

Allocation of joint costs	394

Basis of the distribution	395

Basis of the proportion	396

Average rate per unit of service	397

Recognition of the tonmile cost basis	398

Tonmile cost basis not oppressive	399

Argument for permitting disproportionate rates	400

Authorities opposed to disproportion	401

Cost of service insufficient in itself 403 Special conditions affecting cost	403

Amount of service asked as a factor	404

Effect of low average haul	405

Local business peculiarly expensive	406

Circumstances of particular service	407

Divisions in sparsely populated territory	408

Cost of handling business	409

Proportionate rates always	410

Relative reasonableness of rates	411

Law of decreasing costs	412

Cost of service for different systems	413

Cost of service for different parts of the same system	414

Cost of service estimated from special expenditures	415

Distance as a factor	416

Amount of traffic as a factor	417

Costs of special service	418

Conditions affecting transportation costs	419

Current theories as to relative rates	420

Conclusion as to proportionate rate	421

Different classification for dissimilar goods 509 Certain commodities compared	439

Provisions	440

Groceries	441

Vegetables	442

Lumber	443

Bottled goods	444

Dry goods	445

Difference between commodities	446

Raw material and manufactured products	447

Differences Between Commodities Carried 518 Classification based on the package	448

Business expensive to handle	449

Shipment in form more convenient for handling	450

Perishable freight	451

Less than usual care required 523 Unusual care in handling required	452

Classification based on volume of business	453

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

Limitations upon the Commission 464 Rates made from a commercial standpoint	464

Car loaded by several shippers	465

Commission rulings upon special ratings	466

CLASSIFICATION OF COMMODITIES	467

Topic F Difference in Rate Between Classes 542 Principles governing differences between classes	468

Lowgrade commodities may be carried at low rates	469

Highgrade commodities should not be overcharged	470

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

Regulation of rates	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

Later rule against unreasonable differences	534

Outright discrimination next condemned	535

Exclusiveness of the privilege creates discrimination 617 Special concessions from established rates	537

Complainant charged more than regular rates	538

Terminal facilities usually included	578

Terminals regarded as connections	579

Mileage rate tends to decrease inversely	580

General standard of comparison the tonmile	581

Equal mileage rates impractical	582

Rates in rough proportion to distance normally	583

Construction of distance rates	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

Passenger fares generally on mileage basis	591

Topic B Concessions to Large Shippers 680 Whether concessions may be made to large shippers	592

Unreasonable differences universally forbidden	593

Unreasonable differences forbidden by all courts	594

Reasonable difference permitted by some courts 684 Prevalent doctrine against reduction	596

Reductions to large shippers unjust to small shippers	597

Services to large and small practically identical	598

Differences in amount of shipment	599

Reductions to groups of passengers	600

Special kinds of passenger transportation	601

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

Rates to certain classes of shippers	616

Special classes of passengers	617

Modification of the rule forbidding different rates Topic A What are Reasonable Differences 712 What preference is undue and unreasonable 713 D...	619

Like circumstances and conditions	624

What circumstances can be considered	625

Differences in the conditions of service	626

What discrimination is forbidden	627

Departure from published rate	628

Sanctity of the scheduled rate	629

Devices for concealing preference unavailing	630

Certain unlawful devices considered	631

Schemes to cover discrimination	632

Criminal provisions for discrimination	633

What intent is necessary	634

Civil liability for discrimination	635

Public wrong in giving free passes	636

Passes prima facie discrimination	637

Reductions for general classes	638

Whether statutory exceptions are exclusive	639

Special forms of passenger tickets	640

Concession for government business	641

Reduction for charitable purpose	642

Transportation for the carrier itself	643

Sale and delivery of commodities	644

Policy of the commodities clause	645

Carriage for other companies	646

No obligation to grant such concessions	647

Collateral results of illegal discrimination	648

Other consideration formerly considered dissimilar circumstance	649

Whether indefinite considerations can be a basis	650

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

Lighterage allowance	740

Elevation charges	741

Transit privileges	742

Terminal allowances	743

Allowances for facilities closely scrutinized	744

Allowances for facilities still permissible	745

Scope of power conferred xvii	749

Provisions of the	750

Scope of its principles	751

Locality has no right at common law to complain of rates	752

Statutory regulation of discrimination between localities	753

Lower rate as evidence of unreasonableness of higher	754

Weight to be given to such evidence	755

Higher rate not necessarily unreasonable	756

Reasonableness of rate per se immaterial under statute	757

What discrimination is not unlawful	758

Discrimination which is not undue	759

Interdependence of rates to various localities	760

No vested right in preferential rates	761

Discrimination explained by local circumstances	762

Distance as a factor in rate making	763

Difference between through and local rates	764

Railroad rates tend towards a cost basis	765

Various systems of making distance rates	766

Burden upon the railroad to defend discriminatory rates	767

Provisions against undue prejudice	768

Discrimination resulting from intrastate ratesThe Shreveport case	769

Discrimination by means of rate adjustments	770

Conditions which are not dissimilar	771

Dissimilarity of condition is a question of fact	772

Discrimination against points off the line	773

What constitutes a through line	774

Equalization of economic advantagesEconomic theory	775

Equalization of economic advantagesLegal practice	776

Discrimination against the staple industry of a locality	777

Equalization of values	778

Disproportionate charges inconsistent with public duty	779

Long and short haul at common	780

Long and short haul at common law 781 Legal justification of lower longhaul rate	781

Statutory regulation of long and shorthaul rates	782

Interpretation of the Fourth Section	786

Application of the Fourth Section	787

Principles governing deviation from the Fourth Section	788

Recognition of carriers right to relief	789

Conditions justifying relief from the Fourth Section	790

Competition as ground for relief from the Fourth Section	791

Competition as a justification for discrimination	792

Competition as a factor in rate making	793

Incidents of competition	794

Commodity and market competition	795

How the Commission determines justifiable discrimination	796

Competitive rates must be compensatory	797

Noncompetitive rates must be reasonable	798

Potential competition	799

Suppression of competition by agreement	800

Suppression of competition by consolidation	801

Carrier may refuse to make competitive rates	802

Joint rates	803

Cost of service as a difference of condition	804

Reconsignment arrangements and transit privileges	805

Back freights may be lower than outward freights	806

What differentials may be allowed	807

Systems of rate making based on differentials	808

No obligation to make preferential rates	809

Provisions of the	810

Scope of its policy Topic A Adherence to Published Schedules	811

3	812

Effect of scheduling rates	813

Terminal and transit charges	814

Certain technical points discussed	825

Criminal liability for violation	826

Essentials of the crime	827

Requirements relating to filing	828

Conclusive presumption of legality	829

Of whom filing required	830

Provisions cannot have retroative effect	831

Schedules working changes in rates	832

Jurisdiction of the Commission	833

Stipulations in bills of lading	834

Limitations of legal obligations	835

Meaning of joint tariff	836

Making and filing jointly	837

What particulars must be published	838

Rates based upon combinations	839

What combinations are justified	840

Whether export rates must be filed	841

Divisions and proportional rates	842

Parties liable to prosecution Topic D Form of Schedules Required	843

Clearness of statement	844

Necessary fullness of statement	845

Methods of stating rates	846

Requirement of the Commission	847

Consequences of indefinite tariffs	848

All pertinent conditions requisite	849

Rules for construing schedules	850

Specific ratings overrule general	851

Carriage through in same car 937 Provision of cars in through service Topic D Distribution of Equipment 938 Discrimination in use of cars	852

Prohibition of intercorporate relationships	865

CHAPTER XIV	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

Discrimination between connecting lines	883

Extent of these requirements	884

Demand for connecting service	885

Compulsory interchange of business	886

Through arrangements not obligatory	887

Carrier might formerly select route	888

Present scope of the	889

Duty to deliver to connections	890

Policy of recent legislation	891

Jurisdiction of the Commission	892

Discretion in its exercise	893

Limitations upon the Commission	894

The policies involved therein	895

Protection from short hauling	896

Provisions of the	897

Power of the Commission to fix divisions	898

How divisions are determined	899

Theories of basing divisions	900

Constructive mileage	901

SCHEDULES OF RATES	903

CHAPTER XXII	929

Working within legal bounds 1039 How the Commission now views its function	938

Topic B Reparation for Past Misconduct	939

Nature of the rate 1041 Reparation in connection with relief	940

Concurrent jurisdiction over relief 1043 Attitude of the courts	941

Things outside Commission jurisdiction 1045 Limitations upon its powers	943

Basis of Commission jurisdiction	944

Extent of its powers	945

Jurisdiction of the Commission 1048 Recovery based upon published rate	946

Effect of misquoted rate	948

Recovery of scheduled rate through legal proceedings 1051 State courts deprived of jurisdiction	950

Scheduled rates conclusive in the courts	951

No reparation for misquoted rate	952

Liability for negligence in quoting rates	953

Limitations of this policy	954

Permanent improvements out of capital	958

Absorbing earnings in improvements	959

Apportionment of interstate business	960

Methods of the division	961

Bases of the proportion	962

Apportionment of total expense	963

Inherent difficulties of the problem	964

Comparisons with interstate rates	965

Supremacy of the federal system	966

Discrimination produced by State action	967

The tests of the Supreme Court	968

The inquiries of the Congress	969

The investigations of the Commission	970

Necessity for official valuations	971

Valuation based upon investment	972

Present value the basis of valuation	973

Whether market values should be considered	974

Consideration given to the entrepreneur	975

Details of the present valuation	976

Finality of this valuation	977

Application for relief	978

Restraint of trade at common law 979 Certain decisions support pooling	979

Pooling forbidden by the Commerce	980

Meaning of the Sherman	981

Extent of the Clayton Amendments	982

Complaint by an association	983

Tap lines	984

Board of Trade	985

State Railroad Commission 1091 Intervening parties	986

Proper parties defendant	987

Necessary parties defendant	988

Who are parties in interest 1095 Defendants must have an interest	990

Basis of its powers	1002

Limitations upon its jurisdiction	1003

Extent of its supervision	1004

Visitorial powers in general	1005

What supervision implies	1006

Status of the Commission	1007

Investigation by the Commission	1008

Limitation of its scope	1009

Investigation by federal Commission	1010

Extent of its powers	1011

Powers of State Commissions	1012

Jurisdiction of the State courts	1013

Testimony compelled in quasijudicial proceedings	1014

Summoning witnesses in general investigations	1015

Topic B Grounds of Invalidity of Commission Action 1140 Action under an unconstitutional statute	1021

Bases of award by reparation	1057

INTERCHANGE OF TRAFFIC	1082

Provisions of the Act 861 Duties as to connecting services	1084

One of several joint parties	1096

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

APPENDIX	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

Action not within the statute	1141

Action in violation of constitutional guarantees	1142

Action after an inadequate hearing	1143

Action upon mistaken conclusions of	1144

Action contrary to evidence	1145

Limitation to evidence in the record	1146

Conclusiveness of Commission findings	1147

Temporary restraining order	1148

Injunction against enforcement	1149

Balance of equities	1150

Appeal from the district court on petitions for injunctions	1151

Sufficiency of averments	1152

Necessary and proper parties	1153

Venue of enforcement suits	1154

Introduction of new evidence	1155

Functions of the Commission in the enforcement of the	1156

Judicial process in aid of proceedings before the Commission	1157

Judicial action necessary to the enforcement of orders	1158

Parties to enforcement suits	1159

Relief from improper classifications 504 Lowgrade commodities 505 Highgrade manufactures Topic C Comparison of Commodilies 506 Elements i...	1160

Power of the courts to modify orders of the Commission	1161

Plant facilities	1162

Provisions of the	1163

The same rate for substantially similar services	1167

The Fourth Section Amendment of 1910	1170

Findings of the Commission as evidence	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

Investigation by the Commission on its own motion 1017 Investigation as a result of filing new tariff	1184

Investigation by order of Congress	1185

Line haul 197 Intermingled service	1187

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

Principles in making commodity rates 547 Reasonableness tested by comparison 548 Slight differences between similar commodities	1197

Rules and regulations	1202

Scope of its policy Topic A Adherence to Published Schedules 812 What rates must be published 813 Effect of scheduling rates 814 Terminal and tr...	1204

Direitos de autor

Outras edições - Ver tudo

Railroad Rate Regulation: With Special Reference to the Powers of the ...
Joseph Henry Beale,Bruce Wyman
Visualização integral - 1915

Palavras e frases frequentes

actual Advances allowed amount apply Ass'n basis capital carload carriage carried carrier cars cent charge Chicago circumstances City classification Coal Commission common competition connection consideration considered constitutes cost courts determining discrimination distance duty effect equal established existing expenses facilities fact fair fixed freight furnish give given Grain greater haul held higher I. C. C. Rep important increase Interstate Commerce Commission joint jurisdiction justify less limitations lower rate Lumber matter ment necessary operating particular persons practice present principle produce profit proper provisions public service published question railroad railway rates reasonable receive recent reduced References regulation result road route rule schedule ship shipment shipper Southern tariff terminal tion Topic Trade traffic transportation United unreasonable whole York

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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...

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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.

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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.

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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.

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Página 993 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...

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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...

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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...

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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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Informação bibliográfica

Título	Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce 20th-century legal treatises Legal classics library Making of modern law
Autores	Joseph Henry Beale, Bruce Wyman
Edição	2
Editora	Baker, Voorhis & Company, 1915
Número de páginas	1210 páginas

Exportar citação	BiBTeX EndNote RefMan

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