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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HISTORICAL INTRODUCTION 1 Public callings and private business Topic A The Early Policy of Regulation 2 The medieval theory of State cont...	3

Economic limitations create public employment 29 Cost of the plant 30 Service on a large scale 31 Legal privileges accompanying public employme...	4

Restriction of prices in the colonies	9

Persistence of the legislative power	10

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	14

Public injury by discriminations in freight rates	622

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

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

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

The Railway and Canal Commission	55

Scope of its powers	56

Increase by later amendments	57

Influence of English legislation	58

Authority of English decisions	59

The Granger rate legislation	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

Regulation of rates	66

Adequacy of service	67

Keeping of accounts	68

Issue of securities	69

Foreign carriers 113 Ocean carriers Topic A Foreign Commerce 114 Foreign carriers and discriminations 115 Inland portion of foreign commerce 1...	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

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

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

Exercise of the Federal supervision	150

Provisions of the	160

Continual extension of jurisdiction	161

Railroads Topic A Callings Subject	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

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

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

Provisions of the	250

Various theories as to proper capitalization	251

Actual investment entitled to return	252

Cost of proper facilities	253

What is the actual cost	254

Cost enhanced by fraudulent contract	255

Construction now thought unwise	256

Equipment long since superseded	257

Portion of plant not now utilized	258

Treatment of outside investments	259

Allowance for unremunerative betterments	260

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

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

Operations of Consolidated Properties 370 Complications in case of systems 371 Divisions as integral parts of the whole system 372 Unprofitable po...	285

Reasonableness of return a judicial question	306

Reasonable profit upon each transaction	307

Jurisdiction of the Commission	308

Status of the companies affected	309

PART IITHE RATES IN PARTICULAR CHAPTER IX	323

Salaries paid to officials	344

CHAPTER X	368

Various theories as to rate making	381

Distribution of the burden	383

Respect paid to the cost basis	384

Cost of service the basic test	385

Costs considered in determining comparative reasonableness	386

Limitation upon the law of increasing returns	387

Length of haul as a factor affecting a particular rate	388

Modification of the principle of the length of haul	389

Volume of traffic as a factor affecting the rate	390

Increased volume of traffic causing increase of cost	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	402

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 legal	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

Lumber	447

Comparison of rates between different localities	450

Usual rates govern passenger fares	451

Rates may be made to meet competition	452

Competition as a factor in rate making	453

Rates should not equalize differences in value	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

Jurisdiction of the Commission	502

Relief from improper classifications	503

Lowgrade commodities	504

Bottled goods	514

Dry goods	515

Difference between commodities	516

Raw material and manufactured products	517

Classification based on the package	518

Business expensive to handle	519

Shipment in form more convenient for handling	520

Perishable freight	521

Less than usual care required	522

Unusual care in handling required	523

Classification based on volume of business	524

Large volume of traffic in a certain commodity	525

Value of the goods as an element	526

Different classification of coals	527

Bases of comparing values of goods	528

Differing value of some kind of freight	529

Different classification and rating	530

When difference in classification is required	531

Minimum carloads	532

Minimum carload regulations	533

Mixed carloads	534

Shipment in form permitting greater carload	535

Trainloads	536

Traffic handled in special trains	537

Car loaded by several shippers	538

Commission rulings upon special ratings	539

Car sizes	540

Special equipment not necessary	541

Principles governing differences between classes	542

Lowgrade commodities may be carried at low rates	543

Highgrade commodities should not be overcharged	544

Propriety of making extra charges	571

Freight should cover the entire transportation	572

No separate charge for a part of the transit	573

Charges for services during transportation	574

Services after carriage is ended	575

Storage charges	576

Demurrage costs	577

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

The system of grouping	592

Distances considered in grouping	593

Grouping must be reasonable	594

Testing reasonableness of grouping	595

Uniform rate to a group of stations	596

Commutation rates for suburban passengers	597

How basing points are established	598

Whether basing points justified	599

Determination of base rate	600

Extent of power over grouping	601

Creation of a market by preferential rates	602

Equalizing manufactures in different localities	603

PART IWHAT CONSTITUTES DISCRIMINATION CHAPTER XIII	604

Provisions of the	610

Development of the rule against discrimination	611

Nothing but reasonableness once required	612

No rule against discrimination as such	613

Later rule against unreasonable differences	614

Outright discrimination next condemned	615

Exclusiveness of the privilege creates discrimination	616

Special concessions from established rates	617

Complainant charged more than regular rates	618

All discrimination forbidden by the better view	619

Necessity for the rule against discrimination	620

Rule forbidding personal discrimination	621

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

Provisions of the	670

The same rate for substantially similar services	671

700 Different rates for goods used for different purposes	700

Such rates formerly allowed	701

Repudiation of this doctrine	702

Such differences now held illegal discrimination	703

Classification based upon	704

Personality of shipper	705

Restricting rates to certain purposes	706

When commodities are of different character	707

Rates to certain classes of shippers	708

Special classes of passengers	709

Potential competition	731

Suppression of competition by agreement	732

Suppression of competition by consolidation	733

Lighterage allowance	740

Elevation charges	741

Transit privileges	742

Terminal allowances	743

Posting distinguished from filing 819 Consequences of failing to file 820 Any variation herefrom forbidden 821 Devices to avoid the section 822 On...	749

750 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

Joint rates	801

Carrier may refuse to make competitive rates	802

Substantial differences of condition which justify discrimination	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	811

What rates must be published	812

Effect of scheduling rates	813

Terminal and transit charges	814

Rules and regulations	815

Publication of schedules	816

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

Invalidity of varied rate	833

Stipulations in bills of lading	834

Limitations of legal obligations	835

Meaning of joint tariff	836

Making and filing jointly	837

Through service may be undertaken	862

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

BOOK IV	897

Procedure upon such investigation 1020 Due process of administration 1021 Jealous protection of substantial rights 1022 Constitutional limitations u...	898

Provisions of the	910

Extension of service facilities	911

General obligation to serve	912

Extent of federal supervision	913

Rulings of the Commission	914

Different treatment constitutes discrimination	915

Scope of present jurisdiction	916

Freight embargo as an excuse	917

Carriers discriminating against its rivals	918

Railroad cutting its own rates for itself	919

Not required by original	920

Orders concerning freight delivery	921

Contracts with grain elevators	922

Arrangements with stockyards	923

Service at private sidings	924

Installing switches now under the	925

Basis for ordering switch connection	926

Any discriminatory treatment forbidden	927

Establishment of stations	928

Protection of its terminals	929

Basis of the duty to supply equipment	930

Commission jurisdiction over facilities	931

The obligation treated reasonably	932

Provision of special equipment	933

Demand foreseen although unusual	934

Reasonable time to increase facilities	935

Carriage through in same	936

Provision of cars in through service	937

Discrimination in use of cars	938

Jurisdiction of the Commission	939

Methods of amortization accounting	954

Depreciation cannot be capitalized	955

Writing off superseded property	956

Supervision of fixed charges	957

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

Restraint of trade at common	978

Certain decisions support pooling	979

Pooling forbidden by the Commerce	980

Meaning of the Sherman	981

Extent of the Clayton Amendments	982

Tap lines	984

Ways in which power is exercised	993

Power to pass on reasonableness of rates	994

Duty of the courts to pass on reasonableness of rates	995

Fixing rates by administrative commissions	996

Nature of their powers	997

Delegation of ratemaking power	998

Limitations of the principle	999

Nature of the Commission	1000

Functions of the Commission	1001

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

Topic B Grounds of Invalidity of Commission Action 1140 Action under an unconstitutional statute 1141 Action not within the statute 1142 Action ...	1021

Judicial action necessary to the enforcement of orders 1159 Parties to enforcement suits 1160 Orders unenforceable because of defects 1161 Power o...	1022

Working within legal bounds	1038

How the Commission now views its function	1039

Nature of the rate	1040

Reparation in connection with relief	1041

Concurrent jurisdiction over relief	1042

Attitude of the courts	1043

Things outside Commission jurisdiction	1044

Limitations upon its powers	1045

Basis of Commission jurisdiction	1046

Extent of its powers	1047

Recovery based upon published rate	1048

Effect of misquoted rate	1049

Recovery of scheduled rate through legal proceedings	1050

State courts deprived of jurisdiction	1051

Scheduled rates conclusive in the courts	1052

No reparation for misquoted rate	1053

Liability for negligence in quoting rates	1054

Limitations of this policy	1055

Reparation	1056

Statement of the wrong	1077

Sufficiency of the complaint	1078

Answers in defense	1079

Amendment to complaint	1080

Responsiveness to pleadings	1081

Application for relief	1082

Informal complaint	1083

Complainant not coming with clean hands	1084

Scope of the doctrine	1085

Person interested as complainant	1086

Requisites in this regard	1087

Complaint by an association	1088

Board of Trade	1089

State Railroad Commission	1090

Intervening parties	1091

Proper parties defendant	1092

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

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

Highgrade manufactures Topic C Comparison of Commodities 506 Elements in comparison of commodities 507 Like classification for similar goods	1160

Plant facilities	1162

Discrimination between connecting lines 884 Extent of these requirements 885 Demand for connecting service 886 Compulsory interchange of busin...	1164

Company cannot make unreasonable rates 226 Company cannot justify exorbitant profits 227 Special circumstances affecting the particular rate	1165

Interdependence of rates to various localities 761 No vested right in preferential rates	1169

Policy of the	1170

What amounts to a rebate 625 Prohibition of special rates	1171

Testimony compelled in quasijudicial proceedings 1015 Summoning witnesses in general investigations	1173

Order of preference between shippers 941 Where no preference justifiable	1174

Scope for State police power	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

Provisions of the	1180

Scope of power conferred	1181

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

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

Passenger fares generally on mileage basis	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

Conclusion as to proportionate rate	1197

Competition in passenger fares Topic D Rates Designed to Equalize Advantages 462 Operation of the principle of equalization 464 Limitations upon...	1198

Bases of award by reparation	1203

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

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

Adams Express Co Advances in Rates allowed apply Ass'n basis Board of Trade capital carload carriage cars cent charge Chicago City classification Clyde S. S. Co Coal Commercial Club Commis common carrier competition connecting consignee determining discrimination duty earnings Elkins Act established expense facilities fact fixed Freight Bureau Freight Rates furnish Grain haul held I. C. C. Rep Interstate Commerce Act Interstate Commerce Commission joint rates jurisdiction justify less less than carload Louis Louisville & N. R. R. lower rate Lumber ment operating Pacific particular rate passenger principle profit provisions public service question rail Railroad Commission railroad company railway reasonable rates reduced regulation road route rule S. F. Ry schedule ship shipment shipper sion Southern Southern Pacific Co Supreme Court tariff terminal Texas tion Topic traffic transportation undue United unreasonable

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
Autores	Joseph Henry Beale, Bruce Wyman
Edição	2
Editora	Baker, Voorhis & Company, 1915
Original de	Universidade de Michigan
Digitalizado	23 Dez 2022
Número de páginas	1210 páginas

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