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

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W.J. Nagel, 1906 - 1285 lappuses

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The innkeeper as an illustration
9
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
PART I
41
Power of eminent domain
42
Pipe lines as an example
44
Cemeteries as an example
45
Aid from taxation
46
Irrigation canals as an example
47
Grist mills as an example
49
Provisions of the Statute
56
Natural gas as an example
58
Gas works as an example
62
Electric plants as an example
65
MONOPOLY OF THE ESTABLISHED PLANT 61 Monopoly due to established plant
67
Telegraph service as an example
68
A RULES OF PRACTICE INTERSTATE COMMERCE
69
Telephone service as an example
70
Sewerage system as an example
72
Docks as an example
74
General conclusions as to virtual monopolies
75
Law governing all public employments the same
76
CHAPTER III
78
TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways 94 Chartered accommodations 95 Refrigerator car lines no...
79
CHAPTER IV
105
TOPIC EEXTENT OF THE PUBLIC PROFESSION 125 To what goods the profession to carry extends 126 Money 127 Cattle 128 Carrier of passen...
106
Newspapers
130
Other special classes of goods
138
Obligation to carry all goods of a class
139
CHAPTER V
142
Gratuitous passenger
155
Carriage of children and servants
157
Riding by mistake
158
Mail clerks and express messengers
159
Employes of the carrier
160
TOPIC DCARRIAGE OBTAINED BY MISREPRESENTATION
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
TOPIO BCARRIERS OF PASSENGERS 185 Ferrymen
186
Stage coaches
187
Hackmen 188 Street railways
189
Passenger elevators
190
Pleasure railways
191
PART II
193
TRANSPORTATION MUST BE DEMANDED AT A PROPER PLACE 221 Tender for carriage must be at the proper place
194
Extent of carriers route
222
TOPIC CAPPLICANT UNDER DISABILITY 244 How far blind persons may be excluded
237
How sick persons must be treated
239
TOPIC DREFUSAL UPON PERSONAL GROUNDS 246 General obligations to serve
240
Refusal to carry because of color or race 248 Refusing distasteful people
241
Refusing on moral grounds
242
CHAPTER IX
244
Partial withdrawal permitted
267
CHAPTER X
271
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
Whether collateral businesses should be permitted
287
BOOK II
291
PART I
293
Arguments for the radical view
307
Value of the service to the person served
308
The complexities of the general problem
309
Application of both tests necessary
310
B FORMS OF PROCEEDINGS INTERSTATE COM
311
TITLE II
313
REASONABLENESS OF SCHEDULE AS A WHOLE CHAPTER XII
319
Power to set aside a statutory rate 352 Constitutional requirements 353 Original cost not necessarily the basis of capitalization 354 Present value may ...
320
CHAPTER XIII
364
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 CLEASED LINES 453 Rent of leased roads
443
Rental must be fixed in good faith
444
If rental becomes unjustifiable 456 Betterments of leased roads
445
TOPIC DPECULIAR EXPENSE OF THE PARTICULAR SERVICE 457 Special circumstances affecting the particular rate
446
Divisions built through a difficult territory
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 464 Whether State lines ...
452
REASONABLENESS OF PARTICULAR Rates CHAPTER XVI
457
Constitutional requirements for division
465
CHAPTER XVII
481
RATES BASED UPON VALUE OF SERVICE TO THE SHIPPER
482
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
Large volume of traffic in a certain commodity
556
Volume of traffic in general considered 586 Perishable freight
557
Traffic handled in special trains
558
fares
579
EXPORT AND IMPORT RATE 649 Export and import rates considered 650 Import rates may be regulated by competition 651 Export rates regulat...
580
CHAPTER XX
610
Effect of carriage over a portion of the journey 687 No freight without delivery 688 Freight indivisible as a rule 689 Entire freight when goods arriv...
611
Equalizing manufactures in different localities
631
Passenger fares generally on a mileage basis
632
PART II
652
Not all differences are discriminatory 732 Whether the rule is limited to discrimination between competitors 733 Whether reductions can be made for...
653
TITLE I
686
Different rates for goods used for different purposes 763 Such rates allowed by some cases 764 Such differences held illegal discrimination by other ...
687
No separate charge for a part of the transit
698
Charges for services during transportation
699
Reductions to large shippers unjust to small shippers
700
CHAPTER XXIII
722
TITLE II
746
TOPIC DCONNECTING CARRIERS 825 Discrimination between connecting carriers 826 Goods requiring further transportation 827 Transportatio...
747
Services to large shippers and to small shippers practically identical
754
Reductions to passengers in parties
755
CHAPTER XXV
785
TOPIC ECOMPETITION AS A FACTOR 854 Competitive rate must be reasonable 855 Noncompetitive rate must not be extortionate 856 Competiti...
786
Weight to be given to such evidence
787
Lower rate as evidence of unreasonableness of higher
789
Higher rate not necessarily unreasonable
790
What circumstances may be considered 837 Elements affecting cost of service at one point
791
Provisions of the statute
806
Potential competition
808
Competition artificially removed at the nearer point 859 Nominal competition as justifying lower rate for longer haul
809
EXAMINATION OF AMERICAN LEGISLATION
813
CHAPTER XXXVII
821
The long and short haul clause
831
Device for concealing preference unavailing
875
Preference in certain services permissible
876
Effect of illegality on contract of carriage TOPIC BLIKE AND CONTEMPORANEOUS SERVICE 948 Difference in time or place
877
Difference in nature of service TOPIC C SUBSTANTIALLY SIMILAR CIRCUMSTANCES AND CONDITIONS 950 What circumstances can be co...
878
Occupation of passenger or shipper
879
Difference in amount of shipment 953 Discrimination in use of cars
880
Discrimination between commodities
881
What amounts to a rebate 956 Allowance for cars or facilities furnished by the shipper
882
Division of rate with industrial railway 958 Sale and delivery of commodities by a railroad
883
TOPIC EEXCEPTIONS 959 Statutory exceptions not exclusive
885
Carriage for the government 961 Ministers of religion 962 Officers and employees 963 Mileage excursion and commutation tickets
886
TOPIC AUNDUE PREJUDICE 973 What constitutes undue prejudice 974 Distance as a factor in the rate 975 Group rates 976 Difference between th...
888
CHAPTER XXXI
900
Kind oi carrier subject to the
901
Carriage wholly within the State
902
Local carrier taking part in through carriage
903
Pooling
909
CHAPTER XXXII
910
TOPIC AADMINISTRATIVE NATURE OF THE COMMISSION 1033 Nature of the commission 1034 Powers of commission
923
TOPIC B POWER TO INVESTIGATE AND MAKE ORDER 1035 Investigation by commission
931
Report of commission
932
Opinion of commission
933
TOPIC CPOWER OVER RATES 1038 Early difference of opinion 1039 Decision of the Supreme Court
934
Indication of basis for proper rate CHAPTER XXXIV
936
PROCEDURE BEFORE THE COMMISSION 1041 Provisions of the Statute 1042 Amendments of 1906
938
Testimony on both sides should be introduced 1066 Acts of Commission need not be proved 1067 Rules of evidence 1068 Privilege against selfcrimi...
939
CHAPTER XXXV
979
TITLE II
1004
STATE STATUTES AGAINST PERSONAL DISCRIMINATION 1131 Introduction 1132 Alabama 1133 Arkansas 1134 California 1135 Delaware ...
1015
CHAPTER XXXIX
1059
Pennsylvania
1074
South Carolina 1235 South Dakota
1075
Tennessee
1076
Texas 1238 Vermont
1077
Virginia 1240 West Virginia
1078
Wisconsin 1242 Conclusion
1079
Proof of damage required
1081
Conditions of granting reparation
1082
Finding of Commission does not work an estoppel
1083
Difference of parties
1084
Arkansas
1102
Florida
1103
Georgia
1104
Illinois
1105
Iowa
1106
Kansas
1107
Kentucky
1108
Massachusetts
1109
Minnesota
1110
Mississippi
1111
1112 Missouri
1112
Texas
1114
Virginia
1115
Washington 1297 Wisconsin
1117
Conclusion
1118
PART II
1119
SUBTOPIC 2SEPARATION OF GOVERNMENTAL POWERS 1319 Delegation of ratemaking power 1320 Delegation of power without appeal to t...
1120
New York
1125
Unreasonably low rates constitute a taking of property 1332 The doctrine of the Granger Cases
1143
Early modification of the doctrine
1145
Minnesota
1146
Mississippi
1147
Missouri
1148
Nebraska
1149
New ampshire
1150
New Mexico
1151
North Carolina
1152
North Dakota
1153
Ohio
1154
Oregon
1155
Pennsylvania
1156
South Carolina
1157
South Dakota
1158
Tennessee
1159
Texas
1160
1161 Utah
1161
Virginia
1162
Wisconsin
1163
Conclusion
1164
Introduction
1171
Arkansas
1172
California
1173
Connecticut
1174
Florida
1175
Georgia
1176
Illinois
1177
Indiana
1178
Iowa
1179
Kansas
1180
Louisiana
1181
Maine
1182
Massachusetts
1183
Minnesota
1184
Mississippi
1185
Missouri
1186
Nebraska
1187
New Hampshire
1188
Nevada
1189
New Jersey
1190
Ohio
1191
Oregon
1192
Pennsylvania
1193
Rhode Island
1194
South Carolina
1195
South Dakota
1196
Tennessee
1197
Texas
1198
Vermont
1199
Virginia
1200
Wisconsin
1201
Conclusion
1202
North Carolina
1213
California
1236
Special equipment not necessary for the traffic 589 Less than usual care required
1240
Value of the goods as an element in determining classification 591 Difference between values justifies difference in classification 592 Different classif...
1241
Public injury by discriminations in freight rates 729 Public wrong in giving free passes to passengers 730 Giving free passes prima facie discrimination
1246
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
Florida
1254
Georgia
1255
Illinois
1256
Indiana
1257
Methods of division
1258
Kansas
1259
Kentucky
1260
Carrier need not consider competition
1261
Maine
1262
North Dakota
1263
Mississippi
1264
Missouri
1265
Nebraska
1266
New Hampshire
1267
North Carolina
1268
North Dakota
1269
South Carolina
1270
Tennessee
1271
Texas
1272
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
Wisconsin
1274
South Carolina
1275
The establishment of stations must be reasonable 224 Establishment of stations by legislation 225 Requirement of stations by the courts conservative ...
1276
Tennessee 1118 Texas
1278
Vermont
1282
West Virginia
1283
Wisconsin 1122 Conclusion
1284
Fair rate of return
1284
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1135. lappuse - 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.
1040. lappuse - 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...
1061. lappuse - 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...
887. lappuse - 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...
983. lappuse - ... act, matter or thing in this act prohibited or declared to be unlawful...
36. lappuse - 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.
828. lappuse - 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.
1186. lappuse - 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...
945. lappuse - 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.
917. lappuse - 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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