Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce

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Baker, Voorhis & Company, 1915 - 1210 sider
 

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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 22 The public services of the present
19
The effect of natural monopoly
20
Difficulty of distribution as a factor
21
Scarcity of advantageous sites 26 Limitation of available time
22
Legal privileges accompanying public employment
26
Modern Regulation of Public Services 32 Necessary regulation of virtual monopoly
27
Economic conditions at the present time 34 Control of the public services
28
Differentiation of the public service
29
Unity of the public service
30
The modern programme? of State control 38 Overshadowing importance of rate regulation
31
Present state of the public service
32
Ultimate limitations upon public employment
33
State control not socialism
34
STATUTORY REGULATION 50 Provisions of the Act 51 Development of legislative control Topic A Course of Legislation in England
35
Carriers liability before 1830
38
The Railway and Canal Traffic Act of 1854
39
The Railway and Canal Commission
40
Scope of its powers
41
Increase by later amendments
42
Influence of English legislation 59 Authority of English decisions
43
The Granger rate legislation
44
Railroad commissions of former times 62 Additions to their powers
45
The modern public service commissions
46
The spread of the movement
47
Extent of their supervision
48
Regulation of rates 67 Adequacy of service
49
Keeping of accounts 69 Issue of securities
50
Scope of the original provisions
52
The immediate amendments found necessary 73 The Elkins Act of 1903
53
Limited jurisdiction over rates
54
Lack of power over through rates
55
The Hepburn Act of 1906
56
Occasion for the
57
Installation of private switches
58
Regulation of private facilities
59
Power to fix maximum rates 84 Ordering through routes and rates
60
The problem of the industrial railways
61
Topic E The Elaboration of its Powers 86 The Mann Act of 1910
62
Establishment of through routes
63
Suspension of rate advances 90 The Hadley Commission
64
The Commerce Court 92 The Panama
65
The Valuation
66
Topic F Recent Decisions Defining Jurisdiction 94 The Abilene Oil case
67
The Proctor Gamble case
68
The Williamette Valley case 97 The Lemon Rates case
69
The Baltimore Ohio Southwestern case 99 The Minnesota rate case
71
The Shreveport case
72
The Intermountain ease
73
The Pipe Line case 103 Inherent limitations upon commission action
75
CHAPTER III
77
Ocean carriers
81
Foreign carriers and discriminations
82
Inland portion of foreign commerce
83
Requisites of port proportionals
84
Export and import rates
85
Import rates may be regulated by competition 119 Export rates regulated by competition
87
Foreign competition justifies only necessary differences 121 Limitations upon export and import rates
89
Topic B Interstate Commerce What are considered States?
90
What constitutes commerce between the States?
91
Traffic in movement between States
92
Termini within a single State routed through another State Carriage wholly within a State
95
Local carriage when through transportation contemplated Beginning and ending of interstate transit
97
Precedent and subsequent transportation
98
Power to fix rates under the Constitution
99
Extent of the Federal jurisdiction
100
Continuous Carriage under Common Control 132 Existence of common arrangement
101
Continuity of interstate shipment
102
Relations with water lines
103
What constitutes continuous carriage?
104
Local carrier participating in through carriage
105
Intrastate part of interstate movement
107
Line of the distinction
108
Device to break through shipment
109
Publishing of proportional rates
110
Transit privileges under through arrangements
111
Conflict between Federal and State Jurisdiction 142 Power of Congress to regulate
112
Effect of action by Congress
113
Jurisdiction of State and nation
114
Division of jurisdiction normally
115
Application of regulating statutes
116
Respective powers over service
117
Legislation relating to facilities
118
State legislation burdening interstate commerce
119
Exercise of the Federal supervision 151 Scope for State police power
121
CHAPTER IV
123
Public Duty 198 Public obligation the fundamental principle
124
CHAPTER XIX
125
Water lines
127
Passenger transportation
128
Street railways
129
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 180 Loading
144
Refrigeration
145
Elevation
146
Storage
147
Transit privileges
148
Transportation services
149
Public Profession f 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
Line haul
161
Intermingled service
162
Nature of the public duty
165
Limitations upon the profession
166
Public duty the basis
167
Extent of the carriers route
168
Scope of the service
169
Carriage of live stock
170
Carriage of rolling stock 206 Profession limited to car service
171
Special trains
172
Forwarders offering consolidated shipments
173
Problem of dependent service
174
LIMITATION OF CHARGES PART ITHE SCHEDULE AS A WHOLE CHAPTER V
177
Limitations within which rates must In made 214 Unreasonable regulation universally forbidden
181
Value of the services constitutes minimum 216 Interests of the companies to be considered
183
Interests of the public to be considered
184
Accommodation of the interests of both sought
185
The complexities of the general problem Topic B The Schedule tulccn as a Wltole 220 Reasonableness of the schedule as a whole
186
Tests of the reasonableness of a schedule
187
Many elements to be taken into account
188
Relation of a particular rate to a whole schedule
189
Conclusions as to proportionate rate 225 Company cannot make unreasonable rates
191
Company cannot justify exorbitant profits
192
Special circumstances affecting the particular rate
193
Reasonableness of i lie separate rates 229 Schedule as a whole may throw light
195
Bearing of tariff as a whole 231 Rule of proportionality in sharing costs
196
Average cost always modified
197
Application of both teste necessary 234 Service not worth usual amount
199
Service of unusual value
200
Bases of Regulation
201
Constitutional limitations upon commission regulation 237 Reasonable rates not necessarily profitable
202
When fair net earnings left
203
Possibility of increase of business
204
Making rates compared with levying taxes
205
Governmental regulation best for all concerned
206
Inherent difficulties of accommodating all tests 243 Conflicting authorities still persist
208
CHAPTER VI
209
CHAPTER XX
211
Cost of proper facilities
213
What is the actual cost
214
Cost enhanced by fraudulent contract 256 Construction now thought unwise
215
Equipment long since superseded
216
Portion of plant not now utilised
217
Treatment of outside investments 260 Allowance for unremunerative betterments
218
Contributions made by the State
219
Capitalization outstanding
220
Nominal capitalization
221
Stock issues often deceptive
222
Bonded indebtedness beyond present values
223
Market value of securities 267 Securities issued upon reorganization
224
Capitalization authorized by public authorities
225
The problem of watered stock 270 Property acquired from surplus earnings
226
Inquiry into foregone profits
227
Existing capitalization hardly excessive
228
Present Value 273 Power to set aside a statutory rate
229
Constitutional requirements
230
Original cost as affecting present value 276 Going value
231
Franchise values
232
Purchase value 279 Tax appraisals
234
Development cost
235
Capitalized rights
236
Governmental valuations
237
Treatment of unearned increment
238
Valuation of utilized realty
239
Cost of Reproduction Rule of the Minnesota courts
240
Methods of Texas Commission
241
The federal courts opposed Explanation of the California decisions
242
Condition of the plant itself
243
What physical reproduction means
244
Identical reproduction
245
Intervening conditions
246
Piecemeal construction Overhead charges
247
Unit prices Cost of building up the business
248
CHAPTER VII
250
Establishment of the power to restrict charges
252
Rates fixed must not produce a deficit
253
Adequate return must be left
254
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
Rates at which governments can borrow no criterion
261
Prevailing rate of interest allowed 313 What are reasonable dividends?
262
Current rate of return
263
Fair rate of return
264
Current rate the standard
265
Reasonable profits sufficiently safe
266
Rate of return upon investments in general
267
Public service has its peculiar risks
268
Policies Respecting Return Allowed 5 320 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
OPERATING EXPENSES 340 Provisions of the
284
Real cost of operation Topic A Cost of Performing Service 342 Cost of rendering service
286
Net earnings in general
287
Salaries paid to officials
289
Cost of supplies
290
Unreasonable expenditures
291
Improvident arrangements
292
Estimating labor cost 349 Scientific management
293
Loans
294
Taxes Topic B Expenditures on the Plant 8 352 Expense of equipment and maintenance
296
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 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
PART nTHE RATES IN PARTICULAR CHAPTER IX
323
Volume of traffic as a factor affecting the rate
334
Basis of the proportion
340
Factors Modifying Average Cost
346
Circumstances of particular service
352
CHAPTER X
368
Essential defects in the principle
371
Legal limitations peculiarly necessary
372
Value of service to shipper
373
Value of the goods
374
Limit of value of service
376
Traffic will continue to move at unfair rates
377
Worth of the service to the owners
378
Treating the schedule as a whole
379
Doctrine hardly applicable to passenger faros
380
Various theories as to rate making
381
General principles as to reasonableness
382
Customary rate presumably reasonable
383
Rates unreasonable in themselves
384
What makes rates unreasonable?
386
Current rates for other transportation
387
Comparison with other rates
388
Evidence inadmissible unless conditions are similar
389
Comparison of rates between different localities
390
Usual rates govern passenger fares
391
Rates Dictated by Competition 452 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
Limitations upon the Commission
402
Rates made from a commercial standpoint
403
Rates should not equalize differences in value
404
Carriers not obliged to equalize disadvantages
405
Protection of natural advantage
406
No right to build artificial markets
408
No equalization of patrons 470 Equalization of advantage as a factor
409
Passenger fares slightly affected by this principle
410
CHAPTER XI
412
CLASSIFICATION OF COMMODITIES
413
Provisions of the Act 481 Prevalence of classification
414
The meaning of classification 483 Classification the method of establishing the rate
415
The necessity of a proper classification
416
Classification a convenience in rate fixing
417
History of classification in the United States
418
Uniformity of classification attempted
419
Classification necessarily imperfect
420
Classification not unduly minute
421
Extra class divisions
422
Commodity rates
423
Method of classification 493 Interpretation of the classification sheet
424
Topic B General Principles of Classifying 494 Influences determining classification
425
Adjustment of business to established classification
426
Classification according to representations
427
Bases of classifying goods
428
Justification for making classification on railroads
429
Reasonableness of classification requisite
430
A proper rate involves reasonableness of classification 501 Classification not determined by a particular commodity 502 Jurisdiction of the Commissi...
433
Relief from improper classifications
434
Lowgrade commodities
435
Highgrade manufactures
436
Comparison of Commodities 506 Elements in comparison of commodities
437
Like classification for similar goods
438
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 ami 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
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
Principles governing differences between classes
468
Ixwgrade 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
480
CHAPTER XVI
481
Established unit prima facie reasonable
482
Classification sheet not varied by representation
483
Methods of charging in rate making
484
A minimum rate is justifiable
485
Basis of minimum weights refund
486
Charge for excess over minimum
487
All factors enter into a particular rate
488
Topic B Additional Charges for Special Service 570 General principles as to additional charges
489
Propriety of making extra charges 572 Freight should cover the entire transportation
490
No separate charge for a part of the transit
491
Charges for services during transportation
492
Services after carriage is ended
493
Storage charges
495
Demurrage costs
496
Terminal facilities usually included
497
Terminals regarded as connections
498
Mileage rate tends to decrease inversely
499
General standard of comparison the tonmile
500
Equal mileage rates impractical
501
Rates in rough proportion to distance normally
502
Construction of distance rates
504
Bases of rate structure
506
Different cost of haulage
507
Divisions built through a difficult territory
508
Factors modifying distance rates
509
Comparison of through rates and local rates
511
Carriage in opposite directions
512
Passenger fares generally on mileage basis
513
Distances considered in grouping
514
Grouping must be reasonable
516
Testing reasonableness of grouping
517
Uniform rate to a group of stations
518
Nothing but reasonableness once required
532
No rule against discrimination as such
533
Later rule against unreasonable differences
534
Outright discrimination next condemned
535
Exclusiveness of the privilege creates discrimination 617 Special concessions from established rates
537
Complainant charged more than regular rates
538
All discrimination forbidden by the better view
539
Necessity for the rule against discrimination
540
Rule forbidding personal discrimination
541
Public injury by discriminations in freight rates
542
Policy of the
543
Topic B What Constitutes Statutory Discrimination J 624 What amounts to a rebate
544
Explanation of this policy
546
What discrimination is forbidden
547
Departure from published rate
548
Sanctity of the scheduled rate
549
Devices for concealing preference unavailing
550
Certain unlawful devices considered
551
Schemes to cover discrimination
552
Criminal provisions for discrimination 634 What intent is necessary
554
Civil liability for discrimination Topic C Established Exceptions to Rule 636 Public wrong in giving free passes
556
Passes prima facie discrimination
557
Reductions for general classes
558
Whether statutory exceptions are exclusive
559
Special forms of passenger tickets
560
Concession for government business 642 Reduction for charitable purpose 643 Transportation for the carrier itself
563
Sale and delivery of commodities
564
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
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
Whether concessions may be made in competition
585
Competitive conditions do not justify discriminations 674 Reductions to get competitive business illegal
587
Concessions to get shipments from outlying territory 676 Such concessions forbidden by later cases
588
Shippers making expensive preparations
589
Additional services performed for certain shippers
590
Concessions to certain localities
591
Topic B Concessions to Large Shippers 680 Whether concessions may be made to large shippers
592
Unreasonable differences universally forbidden
593
Unreasonable differences forbidden by all courts
594
Reasonable difference permitted by some courts 684 Prevalent doctrine against reduction
596
Reductions to large shippers unjust to small shippers
597
Services to large and small practically identical
598
Differences in amount of shipment
599
Reductions to groups of passengers
600
Special kinds of passenger transportation i
601
Rebates to Exclusive Shippers 690 Lower rates formerly made to exclusive shippers
602
Such discriminations foster monopolies 692 Shippers who agree to give all their business
603
Consideration of the cost of serving
604
Shippers requiring less service
605
Shippers who agree to furnish large quantities 696 Charging other shippers more than contract rates
606
Competitive rates for through business
607
Previous or subsequent haul
608
Other methods of holding business
609
Different rates for goods used for different purposes
610
Such rates formerly allowed
611
Repudiation of this doctrine 703 Such differences now held illegal discrimination
612
Classification based upon
613
Personality of shipper
614
Restricting rates to certain purposes 707 When commodities are of different character
615
Rates to certain classes of shippers
616
Special classes of passengers
617
INSTANCES OF JUSTIFIABLE DIFFERENCES 710 Provisions of the Act 711 Modification of the rule forbidding different rates
619
What preference is undue and unreasonable
621
Differences in transportation cost
622
Certain economies in operation
623
Like circumstances and conditions
624
Prohibition of special rates
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 J 738 Extent of statutory restrictions
644
Both rates must be open to
646
Lighterage allowance 741 Elevation charges
647
DISCRIMINATION BETWEEN LOCALITIES 750 Provisions of the Act 751 Scope of its principles Topic A Discrimination at Common Law and u...
653
So Relation between longhaul and shorthaul rates
654
Statutory regulation of discrimination between localities
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
The same rate for substantially similar services
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
What Constitutes Undue Prejudice 768 Provisions against undue prejudice
676
Discrimination resultingfrom 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
General principles governing the Fourth Section
704
Interpretation of the Fourth Section
707
Application of the Fourth Section
708
7SS Principles governing deviation from the Fourth Section
710
7X9 Recognition of carriers right to relief
711
7M Conditions justifying relief from the Fourth Section
712
Competition as ground for relief from the Fourth Section
714
Topic E Competition as a Factor in Rate Making 792 Competition as a justification for discrimination
716
Competition as a factor in rate making
718
Incidents of competition
722
Commodity and market competition
724
How the Commission determines justifiable discrimination 797 Competitive rates must bo compensatory 798 Noncompetitive rates must be reasonable
729
Potential competition
731
Suppression of competition by agreement
732
Suppression of competition by consolidation
733
Topic F What Circumstances Justify Preferential Rates
736
Substantial differences of condition which justify discrimination 804 Cost of service as a difference of condition
738
Transit privileges
742
Terminal allowances
743
Allowances for facilities closely scrutinized
744
Allowances for facilities still permissible
745
No obligation to make preferential rates
747
PART IIPREVENTION OF DISCRIMINATION CHAPTER XVII
749
What rates must be published
752
Effect of scheduling rates
753
Terminal and transit charges
754
Consequences of failing to file
759
Any variation herefrom forbidden 821 Devices to avoid the section
761
Only scheduled rates legal
762
Rate wars no excuse
763
Topic B Departure from Published Rates 824 Reparation for improper charges 825 Certain technical points discussed
764
Criminal liability for violation
765
Essentials of the crime
766
Requirements relating to filing
767
Conclusive presumption of legality
768
Of whom filing required
769
Provisions cannot have retroative effect 832 Schedules working changes in rates
771
Invalidity of varied rate
772
Stipulations in bills of lading 835 Limitations of legal obligations
773
Joint Tariffs and Schedules 836 Meaning of joint tariff
774
Presumptions as to through carriage
793
Effect of the Carmack Amendment
794
What constitutes connecting service 866 Obligation of initial carrier to take to connection
795
Obligation of second carrier to accept
796
Obligations as to routing
797
Fixing the blame for mistouting 870 Carriers not compelled to bill through
799
Discrimination forbidden where public duty involved
800
Joint rates must be reasonable
801
Limitations upon joint rates
802
Nature of a joint rate
803
Joint rate lower than combination
804
Concurrence of carriers concerned
805
Share of separate carrier as evidence
806
Through rate although transit is broken 879 Policing of transit privileges
807
Proportional rates
808
Export rates
809
Physical connections at common
810
Discrimination between connecting lines
811
Extent of these requirements
812
Demand for connecting service
813
Compulsory interchange of business
814
Through arrangements not obligatory 888 Carrier might formerly select route
815
Present scope of the
816
Duty to deliver to connections 891 Policy of recent legislation
817
Compulsory Joint through Rating i 892 Jurisdiction of the Commission
818
Discretion in its exercise
819
Limitations upon the Commission
820
The policies involved therein
821
Protection from short hauling
822
What routes considered circuitous
823
Power of the Commission to fix divisions
824
How divisions arc determined 900 Theories of basing divisions
826
Constructive mileage
827
EQUALITY OF SERVICE 910 Provisions of the Act 911 Extension of service facilities Topic A Duty to Render Service
829
General obligation to serve
831
Extent of federal supervision
832
Rulings of the Commission 915 Different treatment constitutes discrimination
833
Scope of present jurisdiction
834
Freight embargo as an excuse
835
Carriers discriminating against its rivals
836
Making and filing jointly
837
What particulars must be published
838
Rates based upon combinations
839
What combinations arc justified
840
Whether export rates must be filed
841
Divisions and proportional rates
842
Parties liable to prosecution
843
Clearness of statement
844
Necessary fullness of statement
845
Methods of stating rates
846
Requirement of the Commission
847
Consequences of indefinite tariffs
848
All pertinent conditions requisite
849
Rules for construing schedules
850
Specific ratings overrule general CHAPTER XVIII
851
Carriage through in same car 937 Provision of cars in through service Topic D Distribution of Equipment 938 Discrimination in use of cars
852
Jurisdiction of the Commission
854
Order of preference between shippers
855
Where no preference justifiable 942 Basis of prorating cars
856
Respective requirements compared
858
Cars needed by railroads
859
Provisions of the
860
Duties as to connecting services
861
REGULATION OF FINANCIAL OPERATIONS J 950 Provisions of the Act 951 Prohibition of intercorporate relationships Topic A Supervision of ...
863
Extent of powers over accounts
867
Methods of amortization accounting
868
Depreciation cannot be capitalized 956 Writing off superseded property
869
Supervision of fixed charges
871
Permanent improvements out of capital
872
Absorbing earnings in improvements
873
Topic B Separation of Interstate Accounts 960 Apportionment of interstate business
874
Methods of the division
875
Bases of the proportion
876
Apportionment of total expense 964 Inherent difficulties of the problem
877
Comparisons with interstate rates
878
Supremacy of the federal system
879
Discrimination produced by State action
880
The tests of the Supreme Court
881
The inquiries of the Congress 970 The investigations of the Commission
882
Necessity for official valuations
883
Valuation based upon investment
884
Present value the basis of valuation
885
Whether market values should be considered
886
Consideration given to the entrepreneur
887
Details of the present valuation 977 Finality of this valuation
888
Prohibition of Intercorporate Relationships 978 Restraint of trade at common
889
Certain decisions support pooling
890
Pooling forbidden by the Commerce Act 981 Meaning of the Sherman
891
Extent of the Clayton Amendments
892
BOOK IV
897
Procedure upon such investigation
898
Ways in which power is exercised
901
Power to pass on reasonableness of rates 995 Duty of the courts to pass on reasonableness of rates
902
Fixing rates by administrative commissions
903
Nature of their powers
904
Delegation of ratemaking power
905
Limitations of the principle Topic B Administrative Functions of the Commission 1000 Nature of the Commission
906
Functions of the Commission
907
Basis of its powers
908
Limitations upon its jurisdiction
909
Extent of its supervision 1005 Visitorial powers in general
910
What supervision implies
911
Status of the Commission
912
Authority to Investigate Conditions 1008 Investigation by the Commission
913
Limitation of its scope
914
Investigation by federal Commission 1011 Extent of its powers
915
Powers of State Commissions
916
Jurisdiction of the State courts 1014 Testimony compelled in quasijudicial proceedings
918
Summoning witnesses in general investigations
919
Proceedings on Its Own Motion
921
Due process of administration
924
Jealous protection of substantial rights
925
Constitutional limitations upon the federal government 1023 Recognition of these by the Commission
927
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 estop...
930
Decision of the Supreme Court
933
Powers established by later Amendments
934
No disturbance of reasonable rates
935
Basis of reasonable rates
936
Jurisdictional limitations upon rate revision
937
Working within legal bounds 1039 How the Commission now views its function
938
Topic B Reparation for Past Misconduct
939
Nature of the rate 1041 Reparation in connection with relief
940
Concurrent jurisdiction over relief 1043 Attitude of the courts
941
Things outside Commission jurisdiction 1045 Limitations upon its powers
943
Basis of Commission jurisdiction
944
Extent of its powers
945
Jurisdiction of the Commission 1048 Recovery based upon published rato
946
Effect of misquoted rate
948
Recovery of scheduled rate through legal proceedings 1051 State courts deprived of jurisdiction
950
Scheduled rates conclusive in the courts
951
No reparation for misquoted rate
952
Liability for negligence in quoting rates
953
Limitations of this policy
954
Reparation
955
Bases of award by reparation
956
The twoyear rule 1064 New petition may be filed
962
Reopening a case for rehearing
963
CHAPTER XXIII
965
Stuy of proceedings 1103 Satisfaction of complaint 1104 Conditions of granting reparation 1105 Scrutiny of reparation agreements
966
Procedure in regular course
968
Scope of the proceedings enlarged
969
Course of the pleadings
970
Raising the question of jurisdiction
971
Individual rate during general inquiry
972
Statement of the wrong
973
Sufficiency of the complaint
974
Answers in defense 1080 Amendment to complaint
975
Responsiveness to pleadings
976
Application for relief
978
Informal complaint 1084 Complainant not coming with clean hands
979
Scope of the doctrine Topic B Parties to the Proceedings 1086 Person interested as complainant
981
Requisites in this regard
982
Complaint by an association
983
Board of Trade
985
State Railroad Commiasion 1091 Intervening parties
986
Proper parties defendant
987
Necessary parties defendant
988
Who are parties in interest 1095 Defendants must have an interest
990
One of several joint parties
991
Liabilities in through carriage
993
Who entitled to reparation
994
As between consignor and consignee
995
Parties given opportunity to be heard
1002
Hearing duly notified indispensable
1003
110S Requisites as to hearings
1004
Course of the proceedings
1005
Limitation of actions 1111 Dismissal when order unnecessary
1007
Topic I Evidence and Burden of Proof 1112 Rules of evidence
1008
Res adjudicata
1009
Insufficient grounds for findings
1010
Proof of damage required
1011
Presumptions from voluntary continuance
1012
Admissions by making changes
1013
Privilege against selfcrimination
1014
Adverse interest of witnesses not to be considered
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
Action under an unconstitutional statute
1041
Action not within the statute
1043
Action in violation of constitutional guarantees
1045
Action after an inadequate hearing
1047
Action upon mistaken conclusions of
1048
Action contrary to evidence
1051
Limitation to evidence in the record
1053
Conclusiveness of Commission findings
1054
Procedure for Determining Validity of Commission Action
1056
Temporary restraining order 1149 Injunction against enforcement
1057
Balance of equities
1058
Appeal from the district court on petitions for injunctions 1152 Sufficiency of averments
1060
Necessary and proper parties
1061
Venue of enforcement suits 1155 Introduction of new evidence
1062
Enforcement Proceedings in the Courts 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
APPENDICES APPENDIX A The Act to Regulate Commerce as Amended
1079
District Court Jurisdiction
1111
APPENDIX C
1114
Elk ins
1116
APPENDIX
1122
Provisions of the
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
Investigation by the Commission on its own motion 1017 Investigation as a result of filing new tariff
1184
Investigation by order of Congress
1185
Provisions of the Panama Act 984 Examples of pooling arrangements 985 Certain agreements held valid
1192
Principles in making commodity rates 547 Reasonableness tested by comparison 548 Slight differences between similar commodities
1197
Rules and regulations
1202
Publication of schedules 817 Posting in station
1204
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Side 1089 - 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...
Side 1114 - ... 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...
Side 1100 - 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...
Side 1099 - 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.
Side 1085 - ... 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.
Side 30 - 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.
Side 1079 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...
Side 1122 - 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...
Side 1083 - 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...
Side 892 - 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.

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