The Law of Railroad Rate Regulation: With Special Reference to American Legislation

Joseph Henry Beale, Bruce Wyman

W.J. Nagel, 1907 - Interstate commerce - 1285 pages

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Title Page

Table of Contents

Index

HISTORICAL INTRODUCTION 1 Public callings and private callings TOPIC A MEDIAEVAL CONDITIONS 2 The distinction between public em...	3

GROWTH OF THE PUBLIC EMPLOYMENTS 26 Extension of the application of the principle in recent times 27 Growth of the public service com...	4

TOPIC BUNDUE PREFERENCE OF LOCALITIES UNDER STATUTE	13

PART I	41

Power of eminent domain	42

Pipe lines as an example	44

Cemeteries as an example	45

Aid from taxation	46

Public wrong in giving free passes to passengers	676

Giving free passes prima facie discrimination	677

TITLE I	686

Whether concessions may be made in competition	687

Competitive conditions do not justify making discriminations 744 Reductions to get competitive business illegal	689

Concessions allowed by some cases to get shipments from outlying territory	690

Such concessions forbidden by later cases	691

Shippers making expensive preparations cannot be favored	692

Irrigation canals as an example 47 Grist mills as an example	47

Provisions of the Statute	56

Telegraph service as an example	62

A RULES OF PRACTICE INTERSTATE COMMERCE	69

Telephone service as an example	70

Sewerage system as an example	72

Docks as an example	74

General conclusions as to virtual monopolies	75

Law governing all public employments the same	76

CHAPTER III	78

Goods taken across a ferry by the owner	93

Goods carried across a bridge 86 Issue of bill of lading without receipt of goods	95

TRANSPORTATION NECESSARY FOR THE CONCEPTION OF CARRIAGE 87 Carrier must undertake transportation	96

Storage hulks not carriers	97

Log drovers not carriers 90 Drovers of cattle not carriers	98

Vehicles leased for carriage	99

TOPIC E WHEN TRANSPORTATION IS FURNISHED BY OTHERS 93 Leased railways	100

Chartered accommodations 95 Refrigerator car lines not carriers	101

Sleeping car companies not carriers 97 Forwarding agents not carriers	103

CHAPTER IV	105

TOPIC EEXTENT OF THE PUBLIC PROFESSION 125 To what goods the profession to carry extends 126 Money 127 Cattle 128 Carrier of passen...	106

Newspapers	130

Other special classes of goods	138

Obligation to carry all goods of a class	139

CHAPTER V	142

Gratuitous passenger	155

Carriage of children and servants	157

Riding by mistake	158

TOPIC CSPECIAL CLASSES OF PERSONS 152 Mail clerks and express messengers	159

Employes of the carrier	160

TOPIC DCARRIAGE OBTAINED BY MISREPRESENTATION	161

Persons never accepted in a proper place not passengers 155 Carriage of goods secured by fraud	162

Stealing a ride	163

ENUMERATION OF THE COMMON CARRIERS 171 Varieties of common carriers TOPIO A CARRIERS OF GOODS	171

Pack carriers 173 Wagoners	172

Hoymen 175 Ships	173

Canal boats	174

Steamboats	175

Railways	176

Draymen 180 Transfer companies	178

Express companies	179

Dispatch companies	182

Messenger companies	183

Towboats	184

Ferrymen TOPIC BCARRIERS OF PASSENGERS	186

Stage coaches	187

Hackmen 188 Street railways	189

Passenger elevators	190

Pleasure railways	191

dekodukasiki 313634A	193

TOPIC D	194

Carriers between certain stations only	220

CHAPTER VIII	222

How intoxicated persons must be treated	233

Exclusion of indecent and profane persons 243 Exclusion of persons who bring dangerous or obnoxious articles to the vehicle	236

TOPIC C APPLICANT UNDER DISABILITY	237

How far blind persons may be excluded	244

How sick persons must be treated	245

General obligations to serve	246

CHAPTER X	271

Shipments made by a rival must be taken	277

TOPIC DEMAND BY A RIVAL FOR USE OF FACILITIES 298 Rivals cannot demand use of facilities 299 Passenger making use of carriers facilitie...	278

Carrier not bound to carry packed parcels	279

TOPIC DPROTECTION OF A COLLATERAL BUSINESS 301 Right to engage in an independent business	280

Carrier discriminating in favor of itself	281

Railroad cutting its own rates for itself	282

Charging its competitors higher relative rates	285

Whether a collateral business is ultra vires	286

Whether collateral businesses should be permitted	287

BOOK II	291

PART I	293

TOPIC BTHE PARTICULAR RATES CONSIDERED SEPARATELY	306

Arguments for the radical view	307

Value of the service to the person served	308

The complexities of the general problem	309

Application of both tests necessary	310

B FORMS OF PROCEEDINGS INTERSTATE COM	311

TITLE II	313

REASONABLENESS OF SCHEDULE AS A WHOLE CHAPTER XII	319

TOPIC DPRESENT VALUE AS THE BASIS OF REGULATION BY LEGISLATION 351 Power to set aside a statutory rate 352 Constitutional requi...	320

CHAPTER XIII	364

Some return requisite	383

Adequate return ought to be left	384

Rates may be reduced provided reasonable return is left	385

CHAPTER XIV	397

Net earnings in general	401

Expense of equipment and maintenance	402

Cost of rolling stock	403

Cost of supplies	404

Salaries of officials	405

Estimating labor cost	406

Amortization of franchises	427

Whether interest on bonds is properly an annual charge	428

Dividends payable not classified as an annual charge	429

CHAPTER XV	430

Rates on different parts of same system apportioned	437

Rent of leased roads	443

Rental must be fixed in good faith	444

If rental becomes unjustifiable 456 Betterments of leased roads	445

Special circumstances affecting the particular rate	446

Divisions built through a difficult territory	447

Divisions in sparsely populated territory	448

Way stations	449

General requirements may produce particular losses	450

Plant adapted for larger population	451

TOPIC EDIVISION BETWEEN INTERSTATE AND INTRASTATE BUSINESS 463 Alternative theories of apportionment 464 Whether State lines ...	452

xvi	457

Cost of carriage as a factor affecting particular rate	460

Insufficiency of the principle of the cost of service	462

Length of haul as a factor affecting a particular rate	463

Constitutional requirements for division	465

Limitation upon the law of increasing returns	466

Increased volume of traffic causing increase of cost	468

TOPIC BVALUE OF THE SERVICE AS THE BASIS OF RATE MAKING	469

What the traffic will bear as a factor affecting particular rate	481

Essential defects in the principle of charging what the traffic will bear	482

Making rates compared with levying taxes	483

Rates may be shown to be unreasonable in themselves	484

Adjustment between the claims of the company and the patron	485

Equalization of advantage as a factor affecting the particular rate	486

Carriers not obliged to equalize disadvantages	487

Competition as a factor affecting the particular rate	488

Conclusion as to proportionate rate	489

Classification the method of establishing the particular rate	490

Cost of service different for different railroad systems	509

Cost of service different for different parts of the same system	510

Cost of service estimated from special expenditures in moving goods	511

Rule of proportionality in sharing costs	512

Law of decreasing costs	513

Cost of service a principle applicable to passenger fares	514

External standards of reasonableness	515

The carrier is entitled to reasonable compensation	516

Current rates for other transportation	517

Evidence inadmissible unless conditions are similar	518

Comparison of rates between different localities unjustifiable	519

Discussion of Cotting v Kansas City Stock Yard Company	520

Discussion of Canada Southern Railway v International Bridge Company	521

Principles of usual rates peculiarly applicable to passenger fares	522

523 What the traffic will bear	523

Legal limitations upon this principle necessary	524

Limit of value of service not necessarily limit of charge	525

Traffic will continue to move at unfair rates	526

Worth of the service to the individuals served taken as a whole	527

Cost of obtaining a substitute for the service furnished	528

Charging what the traffic will bear hardly applicable to passenger	529

Vegetables for table	544

Perishable articles of food	545

Groceries	546

Articles shipped in glass 575 Forest products	547

Dry goods	548

Comparison of unlike things	549

Differences between commodities	550

Classification based on nature and size of package	551

Shipment in small packages 581 Shipment in form more convenient for handling	552

Shipment in form permitting greater car load	554

Uniformity of classification attempted	555

Classification necessarily imperfect	556

Classification not unduly minute	557

Extra class divisions	558

Commodity rates	559

Method of classification	560

Interpretation of the classification sheet	561

Influences determining classification	562

Adjustment of business to established classification	563

Classification according to manufacturers representations	564

Classification of various goods	565

Difference between forcing classification on railroads and justifying classification by railroads	566

Low value of goods as reducing classification	567

fares	579

Grouping by reason of competition in the articles transported	590

Grouping must be reasonable	591

When uniform rate to a group of stations is justifiable 637 Basing points established	593

Basing points justified	594

TOPIC CTHROUGH RATES 639 Carriers may combine in a joint rate	595

Value of the commodity not of the greatest importance	596

Share of separate carrier as evidence of unfairness of entire rate 642 Through rate need not be a reduced rate	597

Through rate may be given although transit is broken	598

Certain objections to the practice of giving privileges in transit considered	599

Rebate on reshipment	600

A through arrangement necessary to justify such privileges 647 Dangers in giving privileges in transit	602

Through passenger accommodations	603

EXPORT AND IMPORT RATE 649 Export and import rates considered 650 Import rates may be regulated by competition	604

Export rates regulated by competition	606

Foreign competition justifies only necessary difference in rate 653 Limitations upon making export and import rates	608

CHAPTER XX	610

Effect of carriage over a portion of the journey 687 No freight without delivery 688 Freight indivisible as a rule 689 Entire freight when goods arriv...	611

Demurrage of cars	650

PART II	652

TOPIC DWHAT CONSTITUTES DISCRIMINATION 731 Not all differences are discriminatory 732 Whether the rule is limited to discrimination be...	653

Publie injury by discriminations in freight rates	675

Additional services performed for certain shippers V	693

TOPIC BCONCESSIONS TO LARGE SHIPPERS 749 Whether concessions may be made to large shippers	694

Unreasonable differences forbidden by all courts	695

Reasonable differences permitted by some courts	697

INTERSTATE COMMERCE LEGISLATION 1887	700

Shippers who agree to furnish large quantities of freight 761 Charging other shippers more than contract rates	712

TOPIC DCONCESSIONS FOR SPECIAL KINDS OF BUSINESS 762 Different rates for goods used for different purposes	713

Such rates allowed by some cases	714

Such differences held illegal discrimination by other cases	717

Rates to certain classes of shippers	718

When commodities are of different character	719

Special classes of passengers	720

CHAPTER XXIII	722

Differences in the character of the service recognized	726

Shipment in car loads	727

Advantages of car load traffic	728

TITLE II	746

TOPIC DCONNECTING CARRIERS 825 Discrimination between connecting carriers 826 Goods requiring further transportation 827 Transportatio...	747

Express companies radical view	750

Prevalent doctrine that no reduction should be allowed	752

Reductions to large shippers unjust to small shippers	753

Services to large shippers and to small shippers practically identical	754

Reductions to passengers in parties	755

Permission to mix carloads	778

CHAPTER XXV	785

TOPIC ECOMPETITION AS A FACTOR 8854 Competitive rate must be reasonable 855 Noncompetitive rate must not be extortionate 856 Competiti...	786

Lower rate as evidence of unreasonableness of higher	789

Higher rate not necessarily unreasonable	790

What circumstances may be considered 837 Elements affecting cost of service at one point	791

Provisions of the statute	806

Potential competition	808

Competition artificially removed at the nearer point 859 Nominal competition as justifying lower rate for longer haul	809

EXAMINATION OF AMERICAN LEGISLATION	813

CHAPTER XXXVII	821

Extension of scope of the Interstate Commerce Act 886 Private switches	826

Private car lines	827

Dealing by railroads in commodities	828

Rate fixing and court review	829

Through routes and rates	830

TITLE I	831

Foreign carriers and discriminations	834

TOPIC BWHAT IS INTERSTATE COMMERCE 895 What are States 896 Nature of interstate traffic	835

Termini within a single State route passes through a second State 898 Breaking continuity of interstate shipment	836

End of the interstate transit TOPIC C CONTINUOUS CARRIAGE UNDER COMMON CONTROL 900 Common arrangement	837

TOPIC DCARRIERS SUBJECT TO THE ACT 901 Kind of carrier subject to the	838

Carriage wholly within the State	839

Local carrier taking part in through carriage	840

CHAPTER XXVIII	841

Stifling of competition by consideration	860

CHAPTER XXIX	869

Amendments of 1906	885

TOPIC A UNDUE PREJUDICE 973 What constitutes undue prejudice 974 Distance as a factor in the rate 975 Group rates 976 Difference between t...	888

CHAPTER XXXI	900

Pooling	909

TOPIC CPROHIBITION OF POOLING CHAPTER XXXII	910

TOPIC DJOINT TARIFFS AND SCHEDULES 1023 Meaning of joint tariff	919

Making and filing 1025 Whether routes must be published 1026 Export rates	920

TOPIC EFORM OF SCHEDULES 1027 Clearness of statement 1028 Necessary fullness of statement	921

TOPIC FENFORCEMENT OF THE SECTION 1029 Invalidity of the varied rate	922

TOPIC A ADMINISTRATIVE NATURE OF THE COMMISSION 1033 Nature of the commission 1034 Powers of commission TOPIC B POWER T...	923

CHAPTER XLI	931

TOPIC CPOWER OVER RATES 1038 Early difference of opinion 1039 Decision of the Supreme Court	934

Indication of basis for proper rate CHAPTER XXXIV	936

PROCEDURE BEFORE THE COMMISSION 1041 Provisions of the Statute 1042 Amendments of 1906	938

TOPIC E EVIDENCE AND BURDEN OF Proof 1065 Testimony on both sides should be introduced 1066 Acts of Commission need not be proved 1...	939

Amendments of 1906	979

Extent of application of the provision	993

Carriage through in same	994

Continuous carriage	995

Discrimination between connecting lines	996

Discrimination in furnishing optional facilities	997

Use of tracks or terminal facilities	998

TITLE II	1004

STATE STATUTES AGAINST PERSONAL DISCRIMINATION 1131 Introduction 1132 Alabama 1133 Arkansas 1134 California 1135 Delaware ...	1015

CHAPTER XXXIX	1059

Pennsylvania	1074

South Carolina 1235 South Dakota	1075

Tennessee	1076

Texas 1238 Vermont	1077

Virginia 1240 West Virginia	1078

Wisconsin 1242 Conclusion	1079

Proof of damage required	1081

Conditions of granting reparation	1082

Finding of Commission does not work an estoppel	1083

Difference of parties	1084

Arkansas	1102

Florida	1103

Georgia	1104

Illinois	1105

fowa	1106

Kansas	1107

Kentucky	1108

Massachusetts	1109

Minnesota	1110

Mississippi	1111

Missouri	1112

New York	1113

North Carolina	1114

North Dakota	1115

South Carolina	1116

Tennessee	1117

Texas	1118

Vermont	1119

West Virginia	1120

Wisconsin	1121

Conclusion	1122

Power to fix rates not strictly legislative	1123

Power to fix rates executive or administrative	1124

TOPIC BMETHOD OF EXERCISING THE POWER TO FIX RATES 1307 Fixing rates by statute	1125

Legislation must be general	1126

Fixing rates by subordinate body	1127

Fixing rates by municipal or other local government	1128

Fixing rates by inferior courts 1312 Fixing rates by administrative commissions	1129

Duty of the courts to pass on reasonableness of rates	1130

Minnesota	1146

Mississippi	1147

Missouri	1148

Nebraska	1149

New ampshire	1150

New Mexico	1151

North Carolina	1152

North Dakota	1153

Ohio	1154

Oregon	1155

Pennsylvania	1156

South Carolina	1157

South Dakota	1158

Tennessee	1159

Texas	1160

Utah	1161

Virginia	1162

Wisconsin	1163

Conclusion	1164

Introduction	1171

Arkansas	1172

California	1173

Connecticut	1174

Florida	1175

Georgia	1176

Illinois	1177

Indiana	1178

Iowa	1179

Kansas	1180

Louisiana	1181

Nebraska	1187

New Hampshire	1188

Nevada	1189

New Jersey	1190

Ohio	1191

Oregon	1192

Pennsylvania	1193

Rhode Island	1194

South Carolina	1195

South Dakota	1196

Tennessee	1197

Texas	1198

Maine	1212

California	1236

Lower rates for shipments in bulk 780 Shipments in train loads problematical	1238

Reasonableness of return a judicial question	1244

Contracts for regular shipments	1248

Refusal to carry because of color or race 248 Refusing distasteful people 249 Refusing on moral grounds	1251

Riding on invalid ticket 158 Attempt to escape conductors notice 159 Riding free by connivance of the conductor 160 Guest of servant of the carrier	1253

Florida	1254

Georgia	1255

Illinois	1256

Indiana	1257

Methods of division	1258

Kansas	1259

Kentucky	1260

Carrier need not consider competition	1261

Minnesota 1185 Mississippi 1186 Missouri	1262

Minnesota	1263

Mississippi	1264

Missouri	1265

Fair rate of return	1266

New Hampshire	1267

North Carolina	1268

North Dakota	1269

South Carolina	1270

Tennessee	1271

All factors enter into the determining of a particular rate	1272

Relation of a particular rate to a whole schedule 324 Possibility of increase of business if rates are lowered 325 Inherent difficulties in accommodatin...	1273

Wisconsin	1274

Washington	1275

Conclusion	1276

Vermont	1282

Virginia	1283

Wisconsin 1202 Conclusion	1284

Copyright

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The Law of Railroad Rate Regulation: With Special Reference to ..., Volume 2
Joseph Henry Beale,Bruce Wyman
Full view - 1906

Common terms and phrases

affirming s. c. amount apply Assoc Atchison carload carriage carry cent CHAPTER charge Chicago circumstances City classification Clyde S. S. Co coal common carrier common law compensation competition complainant consignee contract corporation cost defendant discrimination earnings eminent domain entitled established expenses fact fair fare fixed franchise Freight Rates furnish grain haul held I. C. C. Rep Interstate Commerce Act Interstate Commerce Commission Justice justify Lake Shore less than carload load Louisville & N. R. R. lower rate lumber Minn monopoly operating owner Palatka particular rate passenger Pennsylvania Co person plaintiff principle profit public employment question rail railroad company railway company receive refused regulation rier road rule schedule ship shipment shipper Southern station statute tariff tion TOPIC traffic train transportation unreasonable Water

Bibliographic information

Title	The Law of Railroad Rate Regulation: With Special Reference to American Legislation
Authors	Joseph Henry Beale, Bruce Wyman
Publisher	W.J. Nagel, 1907
Original from	the University of Michigan
Digitized	11 Jun 2011
Length	1285 pages

Export Citation	BiBTeX EndNote RefMan

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