RATE REGULATION

WITH SPECIAL REFERENCE TO THE POWERS OF THE

INTERSTATE COMMERCE COMMISSION

UNDER THE ACTS TO REGULATE COMMERCE

BY
JOSEPH HENRY BEALE, A. M., LL.B., LL.D.
ROYALL PROFESSOR OF LAW IN HARVARD UNIVERSITY
AND SOMETIME DEAN OF THE CHICAGO LAW SCHOOL

AND

BRUCE WYMAN, A. M., LL.B.
RECENTLY PROFESSOR OF LAW IN HARVARD UNIVERSITY
NOW IN CONSULTING PRACTICE AT THE MASSACHUSETTS BAR

SECOND EDITION

BY
BRUCE WYMAN

NEW YORK
BAKER, VOORHIS & CO.

208327

Copyright, 1906,
BY JOSEPH HENRY BEALE, JR.,

AND
BRUCE WYMAN.

Copyright, 1907,
BY JOSEPH HENRY BEALE, JR.,

AND
BRUCE WYMAN.

Copyright, 1915,
BY BRUCE WYMAN.

PREFACE TO THE SECOND EDITION

The historical development of the general principles of rate regulation receive such attention throughout the course of this book from the very beginning that there would seem to be no reason for undertaking any summary of them in this place. But in preface to a Second Edition one cannot fail to remark the extraordinary growth in the subject he is treating in the few years which have passed since the First Edition was written. The occasion for the writing of this book originally was the belief that by the passing of the Hepburn Act of 1906 the Interstate Commerce Commission was to have a power in shaping the destinies of the commerce of the country beyond anything which would have been possible under the Act to Regulate Commerce of 1887. In writing the First Edition we had only the rulings of the original Commission to guide us and the few decisions of the Courts, mostly to the effect that the Act did not justify what was ordered. In this Second Edition we have the many volumes of the Commission making orders as to future conduct, which are supported in most instances by the decisions of the Courts. This Second Edition, covering the past eight years of the activities of the Commission, has several hundred per cent more opinions as the basis for its text than the First Edition, covering the first twenty years.

The story of the rise of the Commission by successive amendments to the Act is told so fully in the early chapters of this Edition that it need not be anticipated here. To one who has had anything to do with directing in consultation as counsel the policies to be pursued in answering complaints filed before the Commission, the necessity seems apparent of being conversant with the dates of the additions to the powers of the Commission in order to be