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 pages

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Table of Contents

Index

JURISDICTION OF THE COMMISSION CHAPTER I	3

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

The history of the carrier	5

The position of the wharfinger	8

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

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 xxxii	709

The building of turnpikes	13

The era of canal construction	14

The coming of the railways 16 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

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

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

The Granger rate legislation	60

Railroad commissions of former times	61

Additions to their powers	62

The modern public service commissions	63

The spread of the movement	64

Extent of their supervision	65

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

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

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

Regulation of rates	126

Terminals	139

Switching	141

Lighterage	142

Drayage	143

Loading	144

Refrigeration Topic B Incidental Services	145

Elevation	146

Storage	147

Transit privileges	148

Transportation services	149

Exercise of the Federal supervision	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

Extent of the jurisdiction	172

Problem of dependent service	174

BOOK II	177

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

Plant facilities	195

CHAPTER VI	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

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

Capitalization authorized by public authorities	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

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

CHAPTER VIII	284

Operations of Consolidated Properties 370 Complications in case of systems 371 Divisions as integral parts of the whole system 372 Unprofitable po...	285

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

PART IITHE RATES IN PARTICULAR CHAPTER IX	323

Cost of handling business 410 Proportionate rates always legal 411 Relative reasonableness of rates Topic D Proper Distribution of Costs 412 Law of...	324

Salaries paid to officials	344

CHAPTER X	368

Rates should not equalize differences in value 466 Carriers not obliged to equalize disadvantages 467 Protection of natural advantage 468 No right to...	369

Various theories as to rate making	381

Jurisdiction of the Commission	412

Vegetables 513 Lumber 514 Bottled goods 515 Dry goods 516 Difference between commodities 517 Raw material and manufactured products Topi...	413

CHAPTER XV	414

Amount of traffic as a factor	417

Rates may be made to meet competition	452

Competition as a factor in rate making	453

Policy for permitting competitive rates	454

Rates low enough to hold business	455

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

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

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

Jurisdiction of the Commission	502

Relief from improper classifications	503

Lowgrade commodities	504

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

Lowgrade commodities may be carried at low rates	543

Highgrade commodities should not be overcharged	544

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

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

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

The same rate for substantially similar services	671

Lighterage allowance	740

Elevation charges	741

Transit privileges	742

Terminal allowances	743

PART IIPREVENTION OF DISCRIMINATION CHAPTER XVII	749

750 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

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

Provisions of the	810

Scope of its policy	811

What rates must be published	812

Effect of scheduling rates	813

Terminal and transit charges	814

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

What particulars must be published	838

Rates based upon combinations	839

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

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

BOOK IV	897

Procedure upon such investigation 1020 Due process of administration 1021 Jealous protection of substantial rights 1022 Constitutional limitations u...	898

910 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	930

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

CHAPTER XXIII	965

Stay of proceedings 1103 Satisfaction of complaint 1104 Conditions of granting reparation 1105 Scrutiny of reparation agreements 1106 Parties giv...	966

Certain decisions support pooling	979

Pooling forbidden by the Commerce	980

Meaning of the Sherman	981

Extent of the Clayton Amendments	982

Requisities as to hearings	1004

Course of the proceedings	1005

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

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

Power to fix rates originally denied	1032

Decision of the Supreme Court	1033

Powers established by later Amendments	1034

No disturbance of reasonable rates	1035

Basis of reasonable rates	1036

Jurisdictional limitations upon rate revision	1037

Working within legal bounds	1038

How the Commission now views its function	1039

Nature of the rate	1040

Reparation in connection with relief	1041

Concurrent jurisdiction over relief	1042

Attitude of the courts	1043

Things outside Commission jurisdiction	1044

Limitations upon its powers	1045

Basis of Commission jurisdiction	1046

Extent of its powers	1047

Recovery based upon published rate	1048

Effect of misquoted rate	1049

Recovery of scheduled rate through legal proceedings	1050

State courts deprived of jurisdiction	1051

Scheduled rates conclusive in the courts	1052

No reparation for misquoted rate	1053

Liability for negligence in quoting rates	1054

Limitations of this policy	1055

Reparation	1056

Statement of the wrong	1077

Sufficiency of the complaint	1078

Answers in defense	1079

Amendment to complaint	1080

Responsiveness to pleadings	1081

Application for relief	1082

Informal complaint	1083

Complainant not coming with clean hands	1084

Scope of the doctrine	1085

Person interested as complainant	1086

Requisites in this regard	1087

Complaint by an association	1088

Board of Trade	1089

State Railroad Commission	1090

Intervening parties	1091

Proper parties defendant	1092

Necessary parties defendant	1093

Who are parties in interest	1094

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

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

Highgrade manufactures Topic C Comparison of Commodities 506 Elements in comparison of commodities 507 Like classification for similar goods	1160

Reduction below a remunerative basis 457 Standard rate among competing lines 458 Competition not a ground for raising rates 459 Absence of com...	1162

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

Interdependence of rates to various localities 761 No vested right in preferential rates	1169

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

Scope for State police power	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

Provisions of the	1180

Scope of power conferred	1181

Investigation by the Commission on its own motion 1017 Investigation as a result of filing new tariff	1184

Through arrangements not obligatory	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

Cost of supplies 346 Unreasonable expenditures	1189

Defendants must have an interest 1096 One of several joint parties 1097 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

Costs of special service 419 Conditions affecting transportation costs 420 Current theories as to relative rates 421 Conclusion as to proportionate rate	1197

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

Rules and regulations	1202

Bases of award by reparation	1203

Publication of schedules 817 Posting in station	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
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Common terms and phrases

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 distance duty effect Elkins Act established expenses facilities fact fair fixed Freight Bureau furnish Grain haul held higher rate 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 mileage operating Pacific particular rate passengers 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 Supreme Court tariff terminal Texas tion ton-mile Topic traffic transportation undue United unreasonable

Popular passages

Page 1003 - 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...‎

Appears in 528 books from 1798-2005

Page 1024 - ... 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...‎

Appears in 486 books from 1776-2005

Page 1013 - 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...‎

Appears in 540 books from 1856-2006

Page 1013 - 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.‎

Appears in 519 books from 1856-2006

Page 999 - ... 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.‎

Appears in 357 books from 1798-1996

Page 16 - 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.‎

Appears in 757 books from 1870-2007

Page 993 - Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States...‎

Appears in 399 books from 1856-2003

Page 1032 - 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...‎

Appears in 616 books from 1798-2007

Page 997 - 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...‎

Appears in 592 books from 1856-2007

Page 815 - 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.‎

Appears in 497 books from 1880-2007

Bibliographic information

Title	Railroad Rate Regulation: With Special Reference to the Powers of the Interstate Commerce Commission Under the Acts to Regulate Commerce 20th-century legal treatises Legal classics library Making of modern law
Authors	Joseph Henry Beale, Bruce Wyman
Edition	2
Publisher	Baker, Voorhis & Company, 1915
Length	1210 pages

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