The Special Law Governing Public Service Corporations, and All Others Engaged in Public Employment, Volume 2

Front Cover
Baker, Voorhis & Company, 1911 - 1517 pages
 

Contents

Proper baggage
760
Unusual baggage
762
Regulation of Patrons Conduct 877 Regulations requiring prepayment
764
LIABILITY FOR DEFAULT CHAPTER XXVI
786
Press of business
803
Liability Consequent upon Default
804
CHAPTER XXVII
813
Imperative need of the company itself
837
Emergency calls given precedence
838
Personal requirements
839
Perishable freight
840
Business needs of the country
841
Priority of accepted business
842
Right to assign facilities
843
Separate accommodations
844
Changing accommodations
845
Insistence upon the unit of service
846
Choice of facilities
847
Separation based upon race
848
Nor is discrimination permissible
849
Duty not to discriminate
850
1003 Acceptance of an instrument 1004 Such acceptance not conclusive 1005 Where consideration is found 1006 Certain authorities more easily sati...
874
Regulations to prevent escape from payment
878
Personal behavior of patron
879
Bringing dangerous things prohibited
880
TERMINATION OF SERVICE CHAPTER XXX
912
Delay must be negligent
915
Loss directly caused by delay
916
Loss merely concurrent with delay
917
REGULATION OF PUBLIC SERVICE
945
RESTRICTION OF CHARGES CHAPTER XXXI
947
Franchise value upon purchase 1104 Franchise values not considered in rate regulation 1105 Values returned for taxation inconclusive 1106 Tax val...
965
Cost of Reproduction as the Basis 1107 The Minnesota rule 1108 The Federal courts opposed 1109 Explanation of the California decisions 1110 Fact...
966
Liability of innkeepers for guests personally
979
Liability of telegraph companies
980
Liability of water companies
981
Liability of gas companies
982
Liability of electric companies
983
CHAPTER XXXIII
997
CHAPTER XXXIV
1020
Constituent companies operated under separate charters 1179 Rent of leased portions 1180 If rental becomes unjustifiable
1021
CHAPTER XXXV
1049
Economic Principles Affecting Rate Making
1050
Interests of the companies to be considered
1066
Interests of the public to be considered
1067
Accommodation of both sought
1068
Reasonableness of the separate rate
1070
Relation of the particular rate to the whole schedule
1071
Rates unreasonable in themselves
1072
Value of the service
1073
What the traffic will bear
1074
Making rates compared with levying taxes
1075
Service of unusual value
1076
Service not worth usual amount
1077
Average cost always modified
1078
Various theories as to proper capitalization Topic A The Original Cost as the Commonlaw Basis
1080
Actual investment entitled to return
1081
Argument for the rule of total investment
1082
What is the actual cost
1083
Cost enhanced by fraudulent contract
1084
Plant built unnecessarily large
1085
Plant adapted for a larger population
1086
Construction now thought unwise
1087
Proportion of plant not now utilized
1088
Equipment long since superseded
1089
Capital sunk in past operations
1090
Normal capitalization outstanding unconclusive
1091
The problem of watered stock
1092
PREVENTION OF DISCRIMI NATION CHAPTER XXXVII
1122
Unreasonable profits not protected
1135
CHAPTER XXXVIII
1154
System generally taken as a whole
1175
CHAPTER XXXIX
1181
Concessions to those with whom it deals 1366 Rates adopted to foster its interests
1182
Apportionment between interstate and intrastate business
1194
Apportionment of total expense
1195
Basis of the distribution
1196
Proportionate share of different classes
1197
Average rate per unit of service
1198
Recognition of the tonmile cost basis
1199
Tonmile cost basis not oppressive
1200
Authorities permitting disproportionate rates
1201
Authorities opposed to disproportion
1202
Cost of service insufficient in itself
1203
Current theories as to relative rates
1204
Amount of service asked as a factor
1205
Local business peculiarly expensive
1206
Special conditions affecting cost
1207
Circumstances of particular service
1208
Proportionate rates always legal
1209
Full extent of the doctrine
1210
What the traffic will bear
1211
Necessity of legal limitation
1212
Worth of the service to the individuals taken as a whole
1213
Cost of obtaining a substitute for the service
1214
External standards of value
1215
Law of decreasing costs
1220
Exceptions to law of decreasing cost
1221
Competition as a factor
1222
History of railroad classification
1232
Usual division into classes
1233
Distribution of the burden by classification
1234
Reasonableness of classification requisite
1235
Influences determining proper classification
1236
Like classification for similar goods
1237
Different classification for dissimilar goods
1238
Business expensive to handle
1239
Service performed at lower cost
1240
Basis upon which charges may be made
1241
Establishment of the unit of charge
1242
Methods of computing freights
1243
Different basis in supply services
1244
Requiring metering not discrimination
1245
Query as to the flat rate
1246
Justification of the minimum charge
1247
APPENDIX A THE INTERSTATE COMMERCE ACT 1 Regulation of transportation
1273
Unjust discrimination defined and forbidden 3 Undue or unreasonable preference or advantage forbidden
1278
Long and short hand provision 5 Pooling of freights and division of earnings forbidden 6 Printing and posting of schedules
1280
Continuous carriage of freights 8 Liability of common carriers for damages
1284
Election whether to complain to the commission or bring suit 10 Penalties for violations of act by carriers
1285
The Interstate Commerce Commission
1288
Outright discrimination universally condemned
1289
Modern law against all discrimination
1290
Complaints to commission
1291
Commission must make reports
1292
Commission may prescribe rates and classifications
1293
Award of damages by commission
1298
16a Commission may grant rehearings
1300
Form of procedure
1301
Organization of the commission 19 Office of the commission
1302
Annual reports to commission
1303
Annual reports of the commission
1307
Persons and property that may be carried free or at reduced rates 23 Jurisdiction of United States courts 24 Constitution of the commission
1309
Concessions once allowed in competition
1311
Competitive conditions no justification
1312
Concessions to get outside business
1313
Rebating to get business illegal
1314
Competitive rates for through business
1315
Additional services performed for certain customers
1316
Customers induced to make expensive preparations
1317
Whether concessions may be made to large customers
1318
Unreasonable differences universally forbidden
1319
Reasonable differences sometimes permitted
1320
Authority for such differentials
1321
Prevelant doctrine against such concessions
1322
Services to large and small customers practically identical
1323
Company need never grant such reductions
1324
Whether exclusive policies may be adopted
1325
Such discriminations foster monopolies
1326
Those who use rival line charged more than usual
1327
Expedition of cases
1330
Answer on the merits
1336
FORMS FOR PROCEEDINGS INVOLVING COMMISSIONS
1339
What constitutes act of
1351
Act of God merely contributory
1352
Terminal facilities furnished by shippers
1356
Transportation expenses paid by shipper
1357
Rental paid for shippers cars
1358
Abandonment of par values 1094 Bonded indebtedness beyond actual value 1095 Stock issues based upon surplus earnings
1362
Securities issued upon reorganization 1097 State scrutiny of the issue of securities 1098 Existing capitalization hardly excessive Topic C Present Valu...
1363
Unprofitable portions of the line not considered 1177 Expenditures for different parts apportioned
1386
What constitutes interstate commerce 1414 Continuous carriage under common control
1387
Continuity of interstate shipment 1416 Carriage wholly within the State 1417 State legislation burdening interstate commerce
1388
Enlightened policy in rate regulation
1389
Difference in commodity rates
1392
Extreme liability according to other authorities 919 Negligence contributing to the catastrophe 920 Negligence in not avoiding the catastrophe
1393
Improper to equalize values
1394
Absolute liability the result of deviation
1395
Absolute liability of special contract
1396
Discrimination inconsistent with public duty
1397
Allowances for facilities closely scrutinized 1360 Allowances for facilities still permissible
1398
Serving applicants in rotation 852 Proration of limited supply
1413
Distribution of cars to stations
1414
Scope for State police power
1415
Effect of action by Congress
1419
Power of Congress to regulate
1420
Contract character of charter privileges
1421
Express contractual provision necessary
1422
Conferring powers does not create contract
1423
Contracts made by municipal ordinance
1424
Loss of the privilege
1425
Assignment of the privilege
1426
The doctrine of the Granger cases
1427
Early modification of the doctrine
1428
Fair return finally protected
1429
End of innkeepers liability as such
1433
Damage by public enemies 987 How far the defense extends 988 Vice of the property 989 Natural propensities of animals 990 Interference by patron
1439
Assumption by patron
1440
LIMITATION OF LIABILITY 1000 Limitation upon liability possible Topic A Methods of Making Limitations
1441
Business profit now recognized 1137 Greater profit for better service Topic D Character of the Enterprise 1138 Larger returns in risky enterprises 11...
1463
Principle applicable in all public service 1249 Unit must be reasonable
1479
Reasonableness of the period fixed 1251 Minimum rate distinguished from equipment charge
1480
Rates reasonable per se 1217 The Kansas City Stock Yards Case 1218 The Niagara Bridge Case 1219 These cases apparently distinguishable
1482
Restriction of patrons position 882 Passengers forbidden upon platforms
1485
Regulations governing the supply 884 Use made of equipment Topic D Regulations Relating to Tickets 885 Ticket may be made indispensable 886 ...
1486
Initial unit distinguished from repeat unit
1508
Copyright

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Page 959 - 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...
Page 1266 - 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.
Page 1265 - ... 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...
Page 1255 - That it shall be unlawful for any common carrier subject to the provisions of this act to make or give any undue or unreasonable preference or advantage to any particular person, company, firm, corporation, or locality, or any particular description of traffic, in any respect whatsoever...
Page 1264 - ... the date of the taking effect of this Act, the term of each to be designated by the President, but their successors shall be appointed for terms of seven 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.
Page 1250 - Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.
Page 1265 - 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.
Page 1261 - ... act, matter or thing in this act prohibited or declared to be unlawful...
Page 1301 - ... in respect to the transportation of any property in interstate or foreign commerce by any common carrier subject to said act to regulate commerce and the acts amendatory thereof whereby any such property shall by any device whatever be transported at a less rate than that named in the tariffs published and filed by such carrier, as is required by said act to regulate commerce and the acts amendatory thereof, or whereby any other advantage is given or discrimination is practiced.
Page 1283 - That nothing in this Act shall prevent the carriage, storage, or handling of property free or at reduced rates for the United States, State, or municipal governments...

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