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 sider

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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

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 15 The coming of the railways	14

Transportation facilities as a class 17 Alteration in economic conditions	15

Conditions affecting transportation costs	419

Current theories as to relative rates	420

Conclusion as to proportionate rate	421

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

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

Extent of their supervision	65

Regulation of rates	66

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

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

86 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

BOOK II	177

The problem of watered stock 270 Property acquired from surplus earnings 271 Inquiry into foregone profits 272 Existing capitalization hardly exce...	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

Company cannot make unreasonable rates	225

Company cannot justify exorbitant profits	226

Special circumstances affecting the particular rate	227

Schedule as a whole may throw light	229

Bearing of tariff as a whole	230

Rule of proportionality in sharing costs	231

Average cost always modified	232

Application of both tests necessary	233

Service not worth usual amount	234

Service of unusual value	235

Constitutional limitations upon commission regulation	236

Reasonable rates not necessarily profitable	237

When fair net earnings left	238

Possibility of increase of business	239

Making rates compared with levying taxes	240

Governmental regulation best for all concerned	241

Inherent difficulties of accommodating all tests	242

Conflicting authorities still persist CHAPTER VI	243

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

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

Development cost	280

Capitalized rights	281

Governmental valuations	282

Treatment of unearned increment	283

Valuation of utilized realty	284

Rule of the Minnesota courts	285

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

Provisions of the	300

Elements in determining a fair return	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

Jurisdiction of the Commission	308

Fair rate of return	315

Current rate the standard	316

Reasonable profits sufficiently safe	317

Rate of return upon investments in general	318

Public service has its peculiar risks	319

320 General policy for allowing a fair return	320

No right to raise rates in prosperous times	321

Commercial conditions affecting dividends	322

More than current rates of interest not secured	323

How interest payable is considered	324

Profits divided not operating expense	325

Consolidation of interest and dividends	326

Reductions ruinous only to certain companies	327

Creating a fund for payment of uniform dividends	328

Greater profit for better service	329

Larger returns in risky enterprises	330

Hazards of the business considered	331

Whether uniform return upon all property	332

Rate of interest dependent upon safety	333

Risk by reason of depreciated security	334

Rate of return dependent upon locality	335

Investment in public service	336

Present tendencies in regulation	337

340 Provisions of the	340

Real cost of operation	341

342 Cost of rendering service	342

Net earnings in general	343

Salaries paid to officials	344

Cost of supplies	345

Cost of rolling stock	353

Losses by accident	354

Betterments considered as maintenance	355

Improvement of existing plant	356

Replacement considered as repair	357

Permanent improvements should not be annual charge	358

New construction should be charged to capital	359

New construction not an operating expense	360

Betterment out of income	361

Allowance for depreciation	362

Types of depreciation	363

Authorities refusing to allow depreciation	364

Renewal of equipment to offset depreciation	365

Fund to repair depreciation	366

Capitalization of past depreciation	367

Payments into sinking fund	368

Amortization of franchise rights	369

Complications in case of systems	370

Divisions as integral parts of the whole system	371

Unprofitable portions of the line not considered	372

Systems considered as wholes	373

Treatment of branch lines	374

Constituent roads operated under separate charters	375

Rent of leased portions	376

If rental becomes unjustifiable	377

Provisions of the	380

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

392 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

412 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

Mixed carloads	462

Shipment in form permitting greater carload	463

Trainloads 537 Traffic handled in special trains	464

Car loaded by several shippers	465

Commission rulings upon special ratings	466

Car sizes 541 Special equipment not necessary	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

Proportionate difference between the classes	471

CHAPTER XII	479

Grouping Stations and Basing Points 592 The system of grouping 593 Distances considered in grouping 594 Grouping must be reasonable 595 Testi...	480

CHAPTER XVI	481

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

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

580 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

All discrimination forbidden by the better view	619

Necessity for the rule against discrimination	620

Rule forbidding personal discrimination	621

Public injury by discriminations in freight rates	622

DISCRIMINATION BETWEEN LOCALITIES	653

Relation between longhaul and shorthaul rates 786 Interpretation of the Fourth Section 787 Application of the Fourth Section 788 Principles governi...	654

Competitive rates for through business	697

Previous or subsequent haul	698

Other methods of holding business	699

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

Modification of the rule forbidding different rates	711

What preference is undue and unreasonable	712

Differences in transportation cost	713

Certain economies in operation	714

Like circumstances and conditions	715

What circumstances can be considered	716

Differences in the conditions of service	717

Proportionate differences may be made	718

Rates should not be disproportionate	719

Differences in the character of the service	720

Shipment in carloads	721

Advantages of carload traffic	722

Permission to mix carloads	723

Lower rates for shipments in bulk	724

Shipments in trainloads problematical	725

Contracts for regular shipments	726

Units in passenger service	727

The basis of the differential	728

Comparison of bulk and package rates	729

730 Terminal facilities furnished by shippers	730

Undue prejudice in granting allowances	731

Unjustifiable differences in rates	732

Concessions to shippers in bulk considered	733

Railroad without tank cars	734

Transportation expenses paid by shipper	735

Rental paid on shippers cars	736

Allowance for cars or facilities furnished Topic D Restriction to Scheduled Allowance	737

Extent of statutory restrictions	738

Both rates must be open to	739

Lighterage	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

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

Legal justification of lower longhaul rate	781

Statutory regulation of long and shorthaul rates	782

Through service may be undertaken 863 Presumptions as to through carriage 864 Effect of the Carmack Amendment 865 What constitutes connecti...	790

803 Substantial differences of condition which justify discrimination	803

Cost of service as a difference of condition	804

Concurrence of carriers concerned	805

Share of separate carrier as evidence	806

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

REGULATION OF FINANCIAL OPERATIONS 950 Provisions of the Act 951 Prohibition of intercorporate relationships Topic A Supervision of Cu...	863

Meaning of the Sherman Act 982 Extent of the Clayton Amendments	864

Through rate although transit is broken	878

Policing of transit privileges	879

Proportional rates	880

Export rates	881

BOOK IV	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

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

Requisities as to hearings	1004

Course of the proceedings	1005

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

APPENDICES APPENDIX A THE ACT TO REGULATE COMMERCE AS AMENDED	1079

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	1130

Further provisions	1131

1132 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 authorized by public authorities	1158

Absence of competition does not justify increase 460 No obligation to meet competition	1162

Physical connections at common law 883 Discrimination between connecting lines 884 Extent of these requirements 885 Demand for connecting ser...	1164

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

Basis of prorating cars 943 Respective requirements compared 944 Cars needed by railroads 945 Private facilities considered in the apportionment	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

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

Unreasonable expenditures	1189

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

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

Systems of rate making based on differentials 809 No obligation to make preferential rates	1199

SCHEDULES OF RATES 10 Provisions of the Act 11 Scope of its policy Topic A Adherence to Published Schedules 812 What rates must be publish...	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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Railroad Rate Regulation: With Special Reference to the Powers of the ...
Joseph Henry Beale,Bruce Wyman
Uten tilgangsbegrensning - 1915

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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 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

Bibliografisk informasjon

Tittel	Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce 20th-century legal treatises
Forfattere	Joseph Henry Beale, Bruce Wyman
Utgave	2
Utgiver	Baker, Voorhis & Company, 1915
Original fra	New York Public Library
Digitalisert	7. okt 2008
Lengde	1210 sider

Eksporter sitat	BiBTeX EndNote RefMan

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