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

Front Cover
W.J. Nagel, 1906 - 1285 pages
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Contents

Parliamentary regulation of rates 5 Examination of early public employments
5
The common surgeon as an illustration
6
The tailor as an illustration
9
The smith as an illustration
10
The innkeeper as an illustration
11
The carrier as an illustration
12
TOPIC B PERSISTENCE OF STATE REGULATION 11 Partial continuance of regulation to modern times
14
Persistence of principle accompanying change of conditions 13 Application of the principle to commodities in new countries
16
Monopolies established by patents from the crown
17
Grant of franchises in modern times
18
Persistence of the class of public callings
20
Introduction of improved highways by private enterprise 18 Tollbridges and turnpikes as illustrations 19 Canals and waterways as illustrations
22
The public services as virtual monopolies
32
Overshadowing importance of the problem of rate regulation
38
Rate regulation at the present time
39
PART I
41
Power of eminent domain
42
Pipe lines as an example
44
Cemeteries as an example 45 Aid from taxation
45
Irrigation canals as an example
47
Grist mills as an example
49
CHAPTER III
78
Leased railways 94 Chartered accommodations 95 Refrigerator car lines not carriers 96 Sleeping car companies not carriers 97 Forwarding agents not...
79
TOPIC APUBLIC EMPLOYMENT 102 Public profession as an assumption of a public trust 103 Express profession of public employment 104 By ...
105
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways 94 Chartered accommodations 95 Refrigerator car lines no...
106
Newspapers
130
Other special classes of goods
138
Obligation to carry all goods of a class
139
CHAPTER V
142
Baggage carried apart from the passenger
151
TOPIC BGRATUITOUS ARRANGEMENTS 148 Gratuitous carrier liable for negligence
152
Gratuitous passenger
155
Carriage of children and servants
157
Riding by mistake
158
TOPIC
159
Employes of the carrier
160
TOPIC D
161
Persons never accepted in a proper place not passengers 155 Carriage of goods secured by fraud
162
Stealing a ride
163
CHAPTER VI
171
Pack carriers 173 Wagoners
172
Hoymen 175 Ships
173
Canal boats
174
Steamboats
175
Railways
176
Draymen 180 Transfer companies
178
Express companies
179
Dispatch companies
182
Messenger companies
183
Towboats
184
TOPIC BCARRIERS OF PASSENGERS 185 Ferrymen
186
Stage coaches
187
Hackmen 188 Street railways
189
Passenger elevators
190
Pleasure railways
191
PRIMARY DUTIES OF COMMON CARRIERS CHAPTER VII
193
TOPIC D
194
Extent of carriers route
222
TOPIC BPROTECTION OF OTHERS SERVED 238 Exclusion of persons dangerous or annoying to other passengers 239 Violent persons may be e...
229
Insane persons may be excluded
231
CHAPTER IX
244
Partial withdrawal permitted
267
CHAPTER X
271
TOPIC A APPLICATION FOR SERVICE BY MEMBERS OF THE PUBLIC 292 Those who deal with a rival must be served
272
Carriers must take passengers who come by rival lines
273
Railroads cannot refuse to take freight from those who deal with a rival
274
TOPIC BAPPLICATION BY A RIVAL FOR SERVICE 295 Competitors have same rights as general public
275
A competitor cannot be refused as a passenger
276
Shipments made by a rival must be taken
277
TOPIC DEMAND BY A RIVAL FOR USE OF FACILITIES 298 Rivals cannot demand use of facilities 299 Passenger making use of carriers facilitie...
278
Carrier not bound to carry packed parcels
279
TOPIC DPROTECTION OF A COLLATERAL BUSINESS 301 Right to engage in an independent business
280
Carrier discriminating in favor of itself
281
Whether permanent abandonment is permitted
282
Complete abandonment permitted
283
Charging its competitors higher relative rates
285
Whether a collateral business is ultra vires
286
Power to set aside a statutory rate 352 Constitutional requirements 353 Original cost not necessarily the basis of capitalization 354 Present value may ...
320
Unwise construction 343 Plant unnecessarily large
332
Portion of plant not yet in
333
Cost of unsuccessful experiments TOPIC COUTSTANDING CAPITALIZATION INCONCLUSIVE 346 Watered stock
336
Nominal capitalization inconclusive 348 Stock issues outstanding deceptive
337
Bonded indebtedness beyond present value of security
338
Cost of buying up constituent roads of the present system and converting them to electric roads
339
TOPIC FFRANCHISE AND GOODWILL WHETHER ENTITLED TO BE CONSIDERED 362 Value of franchise not considered in estimating rates
354
Value of franchise as basis for taxation 364 Valve of franchise when the property is bought
355
Value of an exclusive franchise
356
Value of a nonexclusive franchise 367 Value of a practically exclusive franchise
357
Physical adaptation to a going business 369 Value as a going concern
360
Value of going business whether entitled to a return
361
Consideration given to the entrepreneur
363
xiii
364
TOPIC AESTABLISHMENT OF THE DOCTRINE OF ADEQUATE RETURN 382 Rates fixed must not produce a deficit
365
Some return equisite
367
Adequate return ought to be left
368
Rates may be reduced provided reasonable return is left
370
Reasonableness of return a judicial question
371
Fair rate of return
372
CHAPTER XIV
397
Amortization of franchises
427
Whether interest on bonds is properly an annual charge
428
Dividends payable not classified as an annual charge
429
CHAPTER XV
430
TOPIC C
443
Branch lines
444
Unprofitable portions of the line not considered
445
Whole systems should be taken together
446
Rates on different parts of same system apportioned
447
Divisions in sparsely populated territory
448
Way stations
449
General requirements may produce particular losses
450
Plant adapted for larger population
451
TOPIC EDIVISION BETWEEN INTERSTATE AND INTRASTATE BUSINESS 463 Alternative theories of apportionment
452
REASONABLENESS OF PARTICULAR RATES CHAPTER XVI
457
Whether State lines are arbitrary
464
Constitutional requirements for division
465
CHAPTER XVII
481
TOPIC ERATES DICTATED BY COMPETITION 530 Rates may be made to meet competition 531 Policy for permitting competitive rates 532 Co...
482
Company cannot make unreasonable rates
486
Reasonable rates not necessarily profitable
487
Company cannot justify exorbitant profits 507 Application of these principles to passenger fares
488
TOPIC BBASING RATES UPON COST OF SERVICE 508 Difficulties in dividing joint costs
489
Cost of service different for different railroad systems 510 Cost of service different for different parts of the same system
491
Cost of service estimated from special expenditures in moving goods
492
Rule of proportionality in sharing costs 513 Law of decreasing costs
494
Cost of service a principle applicable to passenger fares
495
TOPIC CRATES REASONABLE IN THEMSELVES 515 External standards of reasonableness 516 The carrier is entitled to reasonable compensation
497
Current rates for other transportation
498
Evidence inadmissible unless conditions are similar
499
Comparison of rates between different localities unjustifiable
519
Discussion of Cotting v Kansas City Stock Yard Company
520
Discussion of Canada Southern Railway V International Bridge Company
521
Principles of usual rates peculiarly applicable to passenger fares
522
TOPIC D RATES UPON VALUE
523
SERVICE TO
523
BASED
523
SHIPPER 523 What the traffic will bear
523
Legal limitations upon this principle necessary
523
Limit of value of service not necessarily limit of charge
525
Traffic will continue to move at unfair rates
526
Worth of the service to the individuals served taken as a whole
527
Cost of obtaining a substitute for the service furnished
528
Charging what the traffic will bear hardly applicable to passenger
529
fares
579
is
626
xii
1017
How intoxicated persons must be treated 242 Exclusion of indecent and profane persons 243 Exclusion of persons who bring dangerous or obnoxio...
1250
General obligations to serve all 247 Refusal to carry because of color or race 248 Refusing distasteful people 249 Refusing on moral grounds
1251
Riding on invalid ticket 158 Attempt to escape conductors notice 159 Riding free by connivance of the conductor 160 Guest of servant of the carrier
1253
Methods of division
1258
Relation of a particular rate to a whole schedule 324 Possibility of increase of business if rates are lowered 325 Inherent difficulties in accommodatin...
1273
The establishment of stations must be reasonable 224 Establishment of stations by legislation 225 Requirement of stations by the courts conservative ...
1276
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Page 1135 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in the use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Page 1040 - That if any common carrier subject to the provisions of this act shall, directly or indirectly, by any special rate, rebate, drawback, or other device, charge, demand, collect, or receive from any person or persons a greater or less compensation...
Page 1061 - Every common carrier subject to the provisions of this Act shall, according to their respective powers, afford all reasonable, proper, and equal facilities for the interchange of traffic between their respective lines, and for the receiving, forwarding, and delivering of passengers and property to and from their several lines and those connecting therewith...
Page 887 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may, in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances for the transportation of passengers or property; and the Commission may from time to time prescribe the extent to which such designated common carrier may be relieved...
Page 983 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Page 36 - Looking, then, to the common law, from whence came the right which the Constitution protects, we find that when private property is "affected with a public interest, it ceases to be juris privati only.
Page 828 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Page 1186 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...
Page 945 - Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and testify and produce documentarv evidence before the Commission, as hereinbefore provided.
Page 917 - Act ; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...

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