The Control of Public Utilities, Том 1

Предња корица
Baker, Voorhis & Company, 1908 - 1149 страница

Из књиге

Шта други кажу - Напишите рецензију

Нисмо пронашли ниједну рецензију на уобичајеним местима.

Садржај

5 Compensation of carrier a payment in the nature of a tax
9
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
15 Ownership of freight as affecting duty of carrier
15
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
20 Payment of rebate to person other than shipper
20
24 Burden of proving invalidity of statutes
21
28 Interpretation governed by legislative intent
22
29 Weight glven to legislatures interpretation of its own powers
23
24 Effect on prior contracts
24
25 Determination of comparative reasonableness of rates In general
25
26 Circumstances of each case must determine
26
27 Reasonableness of rates in themselves material
27
37 Doubts to be resolved in favor of party of whom penalty is claimed
28
38 Effect of subsequent statutes covering same subject matter
29
39 Construction of specific provisions 40 Divisibility of statutes
30
31 Consideration of contracts
31
32 Dissimilarity of circumstances and conditions as justifica tion for discriminations In general
32
33 What constitutes dissimilarity in general
33
Definitions 1 Classification of railroads for purposes of regulation 2 What constitutes a common carrier In general
34
3 Express companies
35
4 Sleepingcar companies 5 Street railway companies
36
6 Corporations maintaining railway tracks for special purposes 7 The receiver of a railway corporation
37
8 What constitutes a railroad or street railroad
38
9 Various public services within the scope of the act de fined
39
10 Depots and stations defined 11 Corporations as persons
40
12 Effect of various forms of ownership and control upon power of state to regulate In general 13 Ownership of controlling amounts of stock 14 Le...
41
15 Receiverships
42
43 Cost of value of article carried as justification
43
16 Ownership of a railroad by a foreign corporation
44
Public service districts Power for the legislature to create new civil divisions for regu lative purposes
45
Commissions established appointment removal terms of office 1 Appointment 2 Residence of local officers 3 Term of office
46
47 Discriminations to obtain traffic
47
4 Resignation 5 Effect of vacancies on power of remaining members 6 Removal from office Power in general 7 Whether an executive or a judicial
48
8 Validity of statutes
49
50 Failure of railroad to pay expenses
50
9 Notice
51
52 Effect of investments and expenditures by shippers
52
53 Orders of military authorities
53
54 Contracts
54
55 Direction of movement of traffic
55
56 Discriminate contracts unlawful
56
Territorial jurisdiction of commissions powers of board
65
Secretary to the commissions
75
PAGE
78
Salaries and expenses
81
7 Transfer of present funds
87
10 What acts justify removal 11
89
Due process
98
4 A personal privilege
106
6 Waiver or destruction of privilege
107
8 Production of books and papers
108
9 When witness will be compelled to answer
109
Court proceedings preferences
110
Rehearing before commission effect of application for a rehearing
111
1 When a rehearing will be granted
112
2 When a rehearing will be denied
113
3 When a prior decision will be modified or reversed
114
Service and effect of order grounds for their suspension or abrogation
115
1 Effect of orders Validity presumed
116
2 Prima facie weight of findings of fact
120
3 Upon whom binding
122
5 Judicial review of orders In general
123
6 Acts of administrative tribunals
124
7 Constitutional questions
125
8 Acts done pursuant to police power
128
9 As to rates and service
129
10 Judicial restraint of orders In general
132
11 Grounds for equitable relief
133
12 When temporary restraining order will be granted
135
13 When a temporary restraining order will be denied
136
14 Premature application
137
15 Where petitioner is an unlawful monopoly
138
17 Rule where reasonable doubt exists
139
18 Form and scope of injunction orders
140
19 Relief from changed conditions
141
20 Federal interference with orders of state commissions In general
142
22 Suits against a state
143
23 Proceedings in state courts
145
25 Federal question raised
146
28 When federal court may enforce order of state com mission
147
ARTICLE II
148
1 Powers of Interstate Commerce Commission
149
3 Shipments between points within a state passing through another state in transit
151
4 Switching of cars
152
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
38 Statutory rates
199
39 Advances in rates
200
40 What constitutes a reduction in rates
202
44 Extent of interest of shippers or public in rates
203
47 Mandamus to compel issuance of ticket
204
49 What sum may reasonably be tendered in payment of fare on street cars
205
53 Reparation through Interstate Commerce Commission
207
54 Burden of proof
208
56 Measure of damage
209
59 Transfer statutes How construed generally
211
61 To what roads applicable
212
62 Demand for transfer Rules as to time for making
213
63 Sufficiency
214
67 Time limit on use of transfers
215
70 Good faith of passenger as affecting right to penalty
217
71 Matters in defense
218
72 Actions for penalties
219
73 Effect of repeal of penal statute
220
Switch and sidetrack connections powers of commissions to order their installation or discontinuance
221
12 Review
222
2 Right of shipper to demand sidetrack connections
223
3 Public control
224
13 Restoration
225
11 Permit to construct a switch in a public street
226
14 Switching charges
227
1 Power of state to require posting of schedules
229
3 Schedule making power pot legislative
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
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
65 Shipments in private cars
287
66 What facts show unjust discrimination
288
67 Foreign and domestic and through and local rates What adjustment carriers may make
296
68 Exaction of local rates on through traffic
299
73 Effect of nonconsent of connecting carrier to through rate
300
78 Justification
301
81 Actions and proceedings Right of action arising from unlawful discrimination
302
82 Injunctions
303
85 Burden of proof
304
86 Evidence
305
88 Damages
306
90 Elements of the offense
307
92 Necessity for action by commission
308
Unreasonable preference
310
1 Rule of equality
311
2 Legislative control
313
3 Who may complain
314
7 Matters relevant in determining question of undue pref erence
315
8 Intervention by commission
316
10 Effect of competition
317
11 Delay as discrimination
318
13 Forwarding out of order of receipt
321
16 Consideration of amount shipped
323
19 Extending facilities to express companies
326
20 Preference in grants of right to do business on carriers premises
327
22 Embargo
329
24 Carload shipments and maximum and minimum carload weights
330
25 Hauling of private or sleeping cars
331
2 Effect of special rules and regulations
346
5 When published rate must be tendered
347
8 Recovery of excess charges
348
11 Lawfulness of issuance of passes
349
12 Who are gratuituous passengers
350
58 Issuance of passes
351
18 Powers and duties of carrier as to issuance of special tickets and mileage
352
19 Compelling issue of special tickets
353
21 Filing and publication of excursion rates
354
False billing classification weighing report of weights etc by carrier or shipper
355
1 Responsibility of carriers
356
7 What practices improper
357
10 Indictment
358
1 Extending of equal rates and facilities to connecting car riers In general
360
3 Contracts for through rates etc
361
4 Wharf and terminal facilities
362
5 Hauling of cars of connecting carrier
363
7 Embargo
364
10 State or federal regulation
367
11 What carriers charged with duty
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
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
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
24 Dissimilar circumstances and conditions as justification for violating long and short haul rule In general
386
25 Difference in bulk or value
387
28 Export rates
388
31 Competition as justification
389
32 What competition is a justification
392
33 Facts in rebuttal
393
34 Whether competition justifies is question of fact
394
37 Actions to recover for violation of section Right to recover
395
40 Defenses
396
44 Indictments
397
1 General duty to furnish cars
399
3 4 Duty as to furnishing of cars on sidings
400
5 Necessity for tender of goods
401
7 Notice of inability to furnish
402
9 Duty to prorate
403
10 Preference to shipments of perishable property
404
12 Effect of agreement as to distribution
406
14 Penalties for failure to furnish cars Validity of statutes
407
15 Construction of statutes
408
19 Pendency of other proceeding
409
22 Questions for jury
410
26 Right to exact demurrage charges
411
28 Allowance of time for unloading
412
29 Carriers lien for demurrage
413
31 Power of commissions
414
1 Duty to give bill of lading
415
3 Contents of bill
416
5 Validity of bill of lading in general
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
19 By stipulation in bill of lading
428
20 By general notice
430
22 Time for presentation of claim
432
23 Power of commission
433
27 Whether provisions will be construed as limitation of lla bility for negligence
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
44 Actions
441
Liability for loss or damage caused by violation of this act reasonable attorneys fees taxable as costs
443
1 Right of action
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
mon carriers railroads and street railroads power to administer oaths power to recommend new legislation
450
Reports of common carriers railroad corporations and street railroad corporations forfeiture for failure to file re ports as required with which commis...
454
14 Validity of commission plan of regulation
456
Investigation of accidents notice of happening of accidents
457
Investigations by commisssion procedure on complaints mak ing of orders
458
1 Power and duty to investigate
460
2 Who may be complainants
461
3 Necessary or proper defendants
462
4 Who should be permitted to intervene
463
7 Causes voluntarily submitted
464
9 Pleadings
465
10 Investigations by commission on its own initiative
466
12 Where relief asked is granted before hearing
467
13 Requiring complaint to give a bond
468
15 Form of commissions findings and report of investigations
469
16 Practice and procedure on hearings
470
17 Decisions and orders by commission
472
Rates and service to be fixed by the commission duty of car riers to obey orders of commission power to establish through routes and joint rates
474
1 Legislative control over rates and service In general
477
15 Commissions as administrative bodies
479
5 Acts within power of commission In general
480
6 Determination as to rates In general
482
7 Rates merely threatened
485
9 Rates for elevation weighing etc
486
13 Compelling furnishing of facilities
487
15 Embargo
490
17 Stopping of trains
491
19 Cars and equipment
492
21 Regulations as to employees
493
24 Ordering through routes and through rates
494
23 Enforcement of antitrust laws
495
27 Classification of freight
498
28 Through routes and rates In general
499
29 Division of through rates
500
30 Regulation of method of operation practices etc
501
31 Reasonableness of regulations
502
32 Right of carrier to reasonable return on investment In general
503
33 Right to earn profit on every part of road and every service rendered
507
35 Test of reasonableness
508
37 How great a return should be allowed
509
39 Interests of carrier and shipper must be considered
514
42 Consideration of joint rates and the division thereof
515
43 Consideration of entire system
516
44 Money invested in enterprise
517
47 Cost of construction or reproduction
519
48 Depreciation
520
52 Operating expenses
521
53 Earnings and general financial condition of road
522
54 Value and cost of service rendered
524
55 Risks of the enterprise
525
56 Cost and value of article transported
526
57 Remunerativeness of business of shipper
527
60 Bulk of commodity carried
528
62 Rate per ton per mile
530
63 Manner in which rates were brought about
531
65 Comparison with other rates etc
532
66 Prior maintenance of rates
534
67 Competition
536
69 Statistical tables
537
71 Opinion evidence
538
73 Orders
544
Power of commissions to order repairs or changes
547
1 Highway crossings
548
2 Equipment and appliances 550
550
3 Changes of motive power
551
4 Stations and waitingrooms
552
5 Operation generally
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
1 What consents necessary
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 56+ 8 Report of commissioners in lieu of consent
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
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
1 Legislative control
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
Penalties for other than common carriers liability of agents
611
General powers of commissions in respect to gas and electricity
617
9 Duty as to quantity supplied
628
Approval of incorporation and franchises certificate per
634
Approval of transfer of franchise holding companies
639
Section Section
641
Forfeiture for noncompliance with order actions to recover
655
Commission of gas and electricity abolished effect thereof
661
Construction this act shall not be deemed to apply to inter
667
THE NEW YORK RAPID TRANSIT ACT 701770
770
INDEX TO THE RAPID TRANSIT ACT 771834
834
INDEX TO THE INTERSTATE COMMERCE ACT 867939
939
59 Commodity rates
985
60 Arbitraries and differentials 61 Group rates and basing points 62 Charges for specific services 63 Violations of long and short haul principle 64 G...
1102
Ауторска права

Чести термини и фразе

Популарни одломци

Страница 862 - 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.
Страница 861 - ... 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...
Страница 863 - 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.
Страница 526 - 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...
Страница 853 - ... 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...
Страница 861 - Any commissioner may be removed by the President for .inefficiency, neglect of duty, or malfeasance in office.
Страница 862 - 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.
Страница 861 - 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.
Страница 854 - 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...
Страница 858 - ... 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...

Библиографски подаци