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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1	xlvi

commerce	xlix

HISTORICAL INTRODUCTION 1 Public callings and private business Topic A The Early Policy of Regulation	3

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

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

Preference in certain services permissible	578

What concessions constitute discrimination 659 Where service of different character	580

Where no public service involved	581

CHAPTER XIV	583

Jurisdiction of the Commission	584

Bases of rate structure	585

Different cost of haulage	586

Nothing but reasonableness once required	612

Continuance of State regulation 8 Parliamentary regulation of rates 9 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 15 The coming of the railways	14

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

Present state of the public service	32

Ultimate limitations upon public employment	33

State control not socialism	34

The Establishment of the Federal Commission 70 The Interstate Commerce Act of 1887	35

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

Development of legislative control	37

Topic A Course of Legislation in England 52 Carriers liability before 1830	38

The Railway and Canal Traffic Act of 1854	39

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

Topic A Foreign Commerce 112 Foreign carriers 113 Ocean carriers 114 Foreign carriers and discriminations 115 Inland portion of foreign cor 116...	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

Inherent limitations upon commission action	103

SERVICES SUBJECT 160 Provisions of the Act 161 Continual extension of jurisdiction Topic A Callings Subject 162 Railroads 163 Water lines 164...	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

Express companies	130

Sleeping car companies	131

Parlor car service 169 Dispatch lines	132

Pipe lines	133

Telegraph lines	134

Telephone systems 173 Government services	135

Topic B Incidental Services 174 Transfer	136

Wharfage	137

Terminals	139

Switching	141

Lighterage	142

Drayage	143

Loading	144

Refrigeration	145

Elevation	146

Storage	147

Transit privileges	148

State legislation burdening interstate commerce	149

Exercise of the Federal supervision	150

Scope for State police power	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

Problem of dependent service	174

CHAPTER III	177

Bases of Regulation 236 Constitutional limitations upon commission regulation 237 Reasonable rates not necessarily profitable 238 When fair net ear...	178

Conflicting authorities still persist	208

CHAPTER VI	209

Provisions of the	210

General principles governing reasonableness Topic A Certain Limitations lundamental	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

CHAPTER VII	250

Reasonable return must be left	255

Reasonableness of return a judicial question	256

Reasonable profit upon each transaction	257

Jurisdiction of the Commission	258

Status of the companies affected	259

Allowance for unremunerative betterments	260

Contributions made by the State	261

Current rate of return 315 Fair rate of return 316 Current rate the standard 317 Reasonable profits sufficiently safe	266

Rate of return upon investments in general	267

Public service has its peculiar risks	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

Improvident arrangements 348 Estimating labor cost 349 Scientific management 350 Loans 351 Taxes Topic B Expenditures on the Plant 352 Expe...	284

Cost of rolling stock	297

Losses by accident	298

Betterments considered as maintenance	299

Improvement of existing plant	300

Replacement considered as repair	301

Permanent improvements should not be annual charge	302

New construction should be charged to capital	303

New construction not an operating expense	304

Betterment out of income	305

Depreciation Requirements 362 Allowance for depreciation	306

Types of depreciation	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 8 370 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

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

VALUE OF SERVICE RECEIVED 430 Provisions of the Act 431 Rates based upon value Topic A Value as the Basis 432 What the traffic will bear ...	368

Rates should not equalize differences in value	369

Provisions of the	380

Various theories as to rate making	381

Rates may be made to meet competition	392

Competition as a factor in rate making	393

Policy for permitting competitive rates 455 Rates low enough to hold business	394

Reduction below a remunerative basis	395

Standard rate among competing lines	396

Competition not a ground for raising rates	397

Absence of competition does not justify increase	398

No obligation to meet competition	399

Competition in passenger fares Topic D Rates Designed to Equalize Advantages 462 Operation of the principle of equalization	401

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

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

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

Relative differences between ratings	477

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

Rates in rough proportion to distance norinally	502

Construction of distance rates	504

Grouping must be reasonable	517

Testing reasonableness of grouping	517

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

Established Exceptions to Rule 636 Public wrong in giving free passes 637 Passes prima facie discrimination 638 Reductions for general classes 639 ...	530

Policy of the commodities clause	565

Carriage for other companies	566

No obligation to grant such concessions	567

Collateral results of illegal discrimination	568

Other Considerations for Reductions 649 Other consideration formerly considered dissimilar circumstance	570

Whether indefinite considerations can be a basis	571

Concessions to those who deal with the carrier	572

Fostering the interests of the carrier	573

Barter of transportation forbidden 654 Inconsistent contracts held unavailing	575

Continuing contracts no justification	576

Whether executed contracts are different	577

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

CHAPTER VIII	619

Necessity for the rule against discrimination	620

Rule forbidding personal discrimination	621

Public injury by discriminations in freight rates	622

Like circumstances and conditions	624

What circumstances can be considered	625

Differences in the conditions of service	626

Proportionate differences may be made	627

Rates should not be disproportionate	628

Topic B Shipment in more Convenient Units 720 Differences in the character of the service 721 Shipment in carloads	629

Advantages of carload traffic	630

Permission to mix carloads	631

Lower rates for shipments in bulk	632

Shipments in trainloads problematical	633

Contracts for regular shipments	634

Units in passenger service	635

The basis of the differential	636

Comparison of bulk and package rates Topic C Facilities Furnished by Shippers 730 Terminal facilities furnished by shippers	637

Undue prejudice in granting allowances	638

Unjustifiable differences in rates	639

Concessions to shippers in bulk considered	640

Railroad without tank cars	641

Transportation expenses paid by shipper 736 Rental paid on shippers cars	642

Allowance for cars or facilities furnished	643

Restriction to Scheduled Allowance 738 Extent of statutory restrictions	644

Both rates must be open to	646

Lighterage allowance 741 Elevation charges	647

Distance as a factor	653

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

Provisions of the	658

Lower rate as evidence of unreasonableness of higher	660

Weight to be given to such evidence 756 Higher rate not necessarily unreasonable	661

Reasonableness of rate per se immaterial under statute Topic B General Principles of Statutory Regulation 758 What discrimination is not unlawful	663

Discrimination which is not undue	665

Interdependence of rates to various localities	666

No vested right in preferential rates	667

Discrimination explained by local circumstances	669

Distance as a factor in rate making	670

Difference between through and local rates	671

Railroad rates tend towards a cost basis 766 Various systems of making distance rates	674

Burden upon the railroad to defend discriminatory rates	675

Topic C What Constitutes Undue Prejudice 768 Provisions against undue prejudice	676

Discrimination resulting from intrastate ratesThe Shreveport case	679

Discrimination by means of rate adjustments	681

Conditions which are not dissimilar	683

Dissimilarity of condition is a question of fact 773 Discrimination against points off the line	686

What constitutes a through line	689

Equalization of economic advantagesEconomic theory	690

Equalization of economic advantagesLegal practice 777 Discrimination against the staple industry of a locality	695

Equalization of values	696

Disproportionate charges inconsistent with public duty	697

Long and Short Haul 780 Long and short haul at common	698

Legal justification of lower longhaul rate	699

Statutory regulation of long and shorthaul rates 783 The Fourth Section Amendment of 1910	702

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

Transit privileges	742

Terminal allowances	743

PART IIPREVENTION OF DISCRIMINATION CHAPTER XVII	749

Rules and regulations	755

General principles governing the Fourth Section	784

Through service may be undertaken	793

Publication of schedules	816

Posting in station	817

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

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

Presumptions as to through carriage	863

OPERATING EXPENSES 340 Provisions of the	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

SUPERVISORY POWERS OF THE COMMISSION 990 Provisions of the Act 991 Power to investigate rates Topic A Bases of Commission Regulati...	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 931 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	946

Reparation	955

Bases of award by reparation	956

Supervision of fixed charges	957

Permanent improvements out of capital	958

Absorbing earnings in improvements	959

960 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

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

Admissions by making changes	1013

Jurisdiction of the State courts	1013

Testimony compelled in quasijudicial proceedings	1014

Summoning witnesses in general investigations	1015

Testimony on both sides should be introduced 1121 Production of books and papers	1016

Burden of establishing case	1017

Burden of justifying advances	1018

CHAPTER XXIV	1021

FEDERAL JURISDICTION	1039

Sufficiency of averments	1060

Necessary and proper parties	1061

Venue of enforcement suits 1155 Introduction of new evidence	1062

Enforcement Proceedings in the Courts f 1156 Functions of the Commission in the enforcement of the	1063

Judicial process in aid of proceedings before the Commission	1065

Judicial action necessary to the enforcement of orders	1067

Parties to enforcement suits	1068

Orders unenforceable because of defects	1069

Power of the courts to modify orders of the Commission 1162 Sufficiency of averments	1071

Recovery on a reparation order of the Commission	1073

Findings of the Commission as evidence	1075

Provisions of the	1084

Proper parties defendant	1092

APPENDICES APPENDIX	1103

APPENDIX B DISTRICT COURT JURISDICTION	1111

APPENDIX C	1114

APPENDIX	1120

Necessary parties defendant	1130

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 outstanding 263 Nominal capitalization 264 Stock issues often deceptive 265 Bonded indebtedness beyond present values 266 Market ...	1158

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

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

The same rate for substantially similar services	1167

Policy of the	1170

What amounts to a rebate 625 Prohibition of special rates	1171

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

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

Real cost of operation Topic A Cost of Performing Service 342 Cost of rendering service 343 Net earnings in general 344 Salaries paid to officials 3...	1189

Who are parties in interest 1095 Defendants must have an interest 1096 One of several joint parties 1097 Liabilities in through carriage	1190

978 Restraint of trade at common law 979 Certain decisions support pooling 980 Pooling forbidden by the Commerce Act 981 Meaning of the Sher...	1192

Who entitled to reparation 1099 As between consignor and consignee	1193

Amount of traffic as a factor 418 Costs of special service 419 Conditions affecting transportation costs 420 Current theories as to relative rates 421 C...	1197

Divisions built through a difficult territory 588 Factors modifying distance rates 589 Comparison of through rates and local rates 590 Carriage in opp...	1201

What combinations are justified 841 Whether export rates must be filed	1204

Divisions and proportional rates 843 Parties liable to prosecution Topic D Form of Schedules Required 8 844 Clearness of statement 845 Necessary f...	1205

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

Vanlige uttrykk og setninger

actual Advances allowed amount apply Ass'n basis capital carload carriage carried carrier cars cent charge Chicago circumstances City classification Coal Commission common common carrier competition connecting consideration considered constitutes cost courts determining discrimination distance duty effect equal established 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 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

Populære avsnitt

Side 1007 - That in case any common carrier subject to the provisions of this Act shall do, cause to be done, or permit to be done any act, matter, or thing in this Act prohibited or declared to be unlawful...

Vises i 528 bøker fra 1798-2005

Side 1028 - ... or lawful requirement of the Commission shall be guilty of an offense, and upon conviction thereof by a court of competent jurisdiction shall be punished by...

Vises i 486 bøker fra 1776-2005

Side 1016 - 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...

Vises i 540 bøker fra 1856-2006

Side 1015 - 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.

Vises i 519 bøker fra 1856-2006

Side 1003 - ... 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.

Vises i 357 bøker fra 1798-1996

Side 20 - 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.

Vises i 757 bøker fra 1870-2007

Side 997 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...

Vises i 399 bøker fra 1856-2003

Side 1036 - 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...

Vises i 616 bøker fra 1798-2007

Side 1001 - 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...

Vises i 592 bøker fra 1856-2007

Side 818 - 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.

Vises i 497 bøker fra 1880-2007

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
Lengde	1210 sider

Eksporter sitat	BiBTeX EndNote RefMan

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