The Control of Public Utilities, Volume 1

William Mills Ivins, Herbert Delavan Mason

Baker, Voorhis & Company, 1908 - 1149 pages

Preview this book »

Selected pages

Title Page

Table of Contents

Index

PREFACE TABLE OF CASES	xxxix

TABLE OF ABBREVIATIONS	lxxiii

PAGE	lxxix

PUBLIC SERVICE COMMISSIONS LAW AND NOTES ARTICLE I	1

Public Service Commissions General Provisions PAGE Section 1 Short title	2

1 General power to regulate property devoted to public use	4

3 Railroads considered as highways	8

5 Compensation of carrier a payment in the nature of a tax	9

1 Purpose of long and short haul section	378

2 Scope and application of section	379

6 Prohibited acts also an unjust discrimination	380

7 Violation a question of fact	381

12 When relief will be granted	382

15 Facts of each case to control	383

20 Inference arising from disparity between rates	384

23 Burden of justifying charge	385

9 Rights of corporations incident to rights granted	10

13 14 Power to regulate not dependent on reservation of power to alter or amend charters	11

15 Regulative acts not violative of charter or contract rights	12

16 Exemption from public control Power of legislature	13

17 Necessity for consideration for such grant	14

19 Such grants not favored	16

20 Transferability	17

22 Source and extent of state legislative power	18

23 Presumption of validity of statutes	19

24 Burden of proving invalidity of statutes	21

28 Interpretation governed by legislative intent	22

29 Weight given to legislatures interpretation of its own powers	23

for violating long and short haul rule In general	35

38	44

22	47

Territorial jurisdiction of commissions powers of board	65

Section	71

Secretary to the commissions	75

Salaries and expenses	81

25	82

7 Transfer of present funds	87

41	88

23	94

tempt	98

Section 20	105

Section 22	112

6 Other accessorial services	153

8 When the interstate transportation begins	155

10 Extent of state and federal regulative power	157

11 Effect of failure of Congress to exercise its regulative powers	162

12 Extent of police power of states	163

14 Statutes relating to rates and charges	164

15 Statutes and orders relating to service facilities and accommodations	165

16 Statutes relative to conduct of business	167

17 Statutes imposing tax	170

18 Rules of construction	171

19 State and federal statutes operating on same subject	172

Safe and adequate service just and reasonable charges ex cessive charges prohibited	173

1 Statutes declaratory of common law	175

3 Compelling performance	176

4 Effect of ownership of freight by carrier	177

6 How duty may be discharged	179

8 Duty to furnish safe machinery and appliances	180

10 Duty as to hauling of sleeping cars and private cars	181

12 Extent to which carrier holds itself out as such as affecting duty	183

13 Delivery as part of transportation	184

16 Duty as to depots and grounds	185

17 Duty to furnish passengers with seats	186

19 Determination as to fulfillment of duty	188

20 Exoneration from obligations as carrier	189

21 Sleeping cars considered as cars of carrier	190

23 Nature of passenger tickets	191

24 Private car system not favored	192

30 Right to charge	194

33 How question of reasonableness is determined	195

34 Burden of proof	196

36 Rebates as evidence that rates are unnecessarily high	197

61	212

Switch and sidetrack connections powers of commissions	221

26	222

65	227

4 Purpose of requirements as to posting and publishing schedules	230

7 Form of schedules	231

11 What constitutes sufficient posting and publication	232

12 Excuses for failure to keep schedules posted	233

16 What constitutes notices to shipper of rules for shipment	234

19 Charges for refrigeration	235

22 Basis of rates fixed	236

25 Effect of failure to publish regulations	237

28 Reservation in schedule of right to route goods	238

33 Method in general	239

34 Matters which may be considered	240

35 Classification of specific articles	241

36 Form of classification sheet	243

Changes in schedule notice required power of commissions to allow changes on less notice	244

Concurrence in joint tariffs filing of all contracts agreements or arrangements between any carriers	245

32	246

1 Power of railroads to establish through routes and joint rates	247

3 When agreement with shipper for through transportation exists	248

5 Joint tariff must show carriers uniting in making it	249

8 What is proper rate in absence of agreement for joint rates	250

1 Rule of equality	252

2 Discretion of carrier in fixing rates	254

3 Unlawful discrimination defined	255

5 Whether mere making of rate constitutes discrimination	256

16 Devices for giving preference	259

7 Rates within fixed maximum deemed reasonable	271

27	273

73	300

10	302

37 Doubts to be resolved in favor of party of whom penalty	306

38 Effect of subsequent statutes covering same subject	315

29	341

32 Right of carrier to reasonable return on investment	351

15	356

30	359

10 State or federal regulation	367

Express companies	368

14 Consent of carrier to making of through route or rate	369

16 What constitutes a discrimination between connecting lines	370

18 What are connecting or through lines	371

21 Bill of lading as a facility which may be compelled	372

24 Meaning of term transfer of freight passengers or express matter	373

27 Division of joint rates	374

32 Actions for penalties 875	375

36 Whether actual crossing necessary	376

Long and short haul power of commission to authorize less charge for longer than for shorter distance	377

37	395

16	398

18	409

Liability for damage to property in transit duty of carrier to furnish bill of lading limitation of liability lia bility for loss by delay regulations as to bag...	414

1 Duty to give bill of lading	415

3 Contents of bill	416

Effect of various forms of ownership and control upon	417

10 Liability as warehouseman	418

11 Reasonable notice and time for removal of goods from station	419

12 Power of state to regulate	420

14 Liability of carriers on through shipments	422

15 Limitation of liability on through shipments	423

16 Failure to deliver as evidence of negligence	424

18 By special contract	426

16 Ownership of a railroad by a foreign corporation	428

20 By general notice	430

22 Time for presentation of claim	432

23 Power of commission	433

413	434

29 Delay in transportation Duty and liability of carriers	435

30 What constitutes unreasonable delay	436

31 Validity of statutes relative to delay	437

35 Contracts	438

38 Baggage What are proper articles of baggage	439

39 Source of carriers obligation as to baggage	440

Section	441

Liability for loss or damage caused by violation of this act reasonable attorneys fees taxable as costs	443

225	444

2 Whether statutory remedy supersedes existing remedies	445

3 Validity of provision allowing attorneys fees	446

4 Statutes allowing recovery of punitive damages	448

8 Trial	449

20	452

Lowest rate given should be the standard	456

45	457

10	466

Determination as to rates	482

50	487

15	490

ness of charges	498

49	499

52	521

26	526

57	527

29	534

73	544

31	547

19	551

4 Stations and waitingrooms	552

83	553

8 Effect of regulative act on existing right	554

Uniform system of accounts access to accounts etc for feiture liability of employees of commissions who divulge information	556

Franchises and privileges approval of commission required certificates of public convenience and necessity	557

12	558

2 Certificates of public convenience and necessity As prerequisite	559

4 Matters to be considered	560

5 Grounds for granting or refusing	561

6 Review of determination	563

7 Consents of property owners Necessity	564

9 Consents from other lines	565

11 Rescission or withdrawal	567

13 Franchise Power to grant	568

14 Purposes of franchises	569

15 Construction	570

Cases on question of interference with easements of light air access etc by elevated railroad n 571576	571

Transfer of franchises or stocks consent of commission re quired holding companies	576

1 What constitutes control	578

5 Powers duties and obligations as affected by lease	582

6 Regulative power as affected by consolidation	583

9 What included in lease	584

11 Actions to restrain or set aside unauthorized agreements	585

12 Common directorate	586

15 When dissolution is effected	587

24	589

2 Distinction between franchises to be a corporation and to operate a railroad	590

3 Validity of issue of securities	591

4 Validity of plan of consolidation	592

6 Application for authority to issue bonds	593

303	598

360	601

Penalties for other than common carriers liability of agents	611

25	612

General powers of commissions in respect to gas and electricity	617

20	620

34	623

Inspection of gas and electric meters	632

13	635

Section 76	641

17	643

92	654

56	656

19 What powers are judicial	662

mission	666

PAGE	673

rule	698

Section 88	703

dicial power	761

Time of taking effect	770

INDEX TO THE RAPID TRANSIT АСТ 771834	834

INDEX TO THE INTERSTATE COMMERCE ACT 867939	939

3 Who may complain	1009

36	1011

44 Amount of freight shipped as affecting carriers duty	1101

13 Forwarding out of order of receipt	1117

24 Carload shipments and maximum and minimum carload	1148

Copyright

Common terms and phrases

11 Inters 9 Inters action affd affg application Assn authority bill of lading Board of R. R. Board of Railroad board of rapid Brooklyn Heights cars Cent charges charter Chicago common carrier common law compel complaint connecting carriers Consolidated Gas Co Constitution construction contract court duty enforce ex rel filed franchise freight furnish Interstate Commerce Act Interstate Commerce Commission judicial legislative legislature liability Louisville & N. R. Matter Misc N. Y. Supp note 15 officers operation P. R. Co passenger penalty person Power of Commission proceeding Public Service Commission R. R. Comrs railroad commission railroad company railway rapid transit railroad rates fixed reasonable refusal revg road route rule S. F. R. Co schedules shipment shipper statute statutory tariff thereof tion traffic transfer transit railroad commissioners transportation unlawful unreasonable violation York

Popular passages

Page 860 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof.‎

Appears in 585 books from 1819-2005

Page 859 - ... keep itself informed as to the manner and method in which the same is conducted, and shall have the right to obtain from such common carriers full and complete information necessary to enable the Commission to perform the duties and carry out the objects for which it was created...‎

Appears in 577 books from 1856-2005

Page 861 - Any person may be compelled to appear and depose, and to produce documentary evidence, in the same manner as witnesses may be compelled to appear and' testify and produce documentary evidence before the Commission, as hereinbefore provided.‎

Appears in 613 books from 1852-2007

Page 524 - And, in order to ascertain that value, the original cost of construction, the amount expended in permanent improvements, the amount and market value of its bonds and stock, the present as compared with the original cost of construction, the probable earning capacity of the property under particular rates prescribed by statute, and the sum required to meet operating expenses, are all matters for consideration, and are to be given such weight as may be just and right in each case. We do not say that...‎

Appears in 844 books from 1816-2007

Page 851 - ... rates, fares, or charges will go into effect; and the proposed changes shall be shown by printing new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection...‎

Appears in 402 books from 1777-1996

Page 859 - Any commissioner may be removed by the President for .inefficiency, neglect of duty, or malfeasance in office.‎

Appears in 572 books from 1876-2007

Page 860 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.‎

Appears in 405 books from 1798-2005

Page 859 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired term of the Commissioner whom he shall succeed.‎

Appears in 381 books from 1856-2006

Page 852 - Act; nor shall any carrier charge or demand or collect or receive a greater or less or different compensation for such transportation of passengers or property, or for any service in connection therewith, between the points named in such tariffs than the rates, fares, and charges which are specified in the tariff filed and in effect at the time...‎

Appears in 377 books from 1803-2005

Page 856 - ... such common carrier shall be liable to the person or persons injured thereby for the full amount of damages sustained in consequence of any such violation...‎

Appears in 431 books from 1798-2003

Bibliographic information

Title	The Control of Public Utilities, Volume 1 The Control of Public Utilities, Herbert Delavan Mason
Authors	William Mills Ivins, Herbert Delavan Mason
Contributor	New York (State)
Publisher	Baker, Voorhis & Company, 1908
Length	1149 pages

Export Citation	BiBTeX EndNote RefMan

About Google Books - Privacy Policy - Terms of Service - Information for Publishers - Report an issue - Help - Google Home