The Control of Public Utilities, Том 1

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Baker, Voorhis & Company, 1908 - Всего страниц: 1149
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Содержание

PAGE
82
Annual report of commissions
89
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 я rehearing
111
30 Legislative grants construed favorably to the public
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
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
1 Duty to furnish switch connections
222
2 Right of shipper to demand sidetrack connections
223
3 Public control
224
6 Objections to installing of switches
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 not 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
33 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
8 Carrier bound by acts of agents
257
12 Secrecy of rate not test of lawfulness
258
16 Devices for giving preference
259
17 Intent of carrier
260
18 Public right not affected by private agreements
261
22 Declaratory of common law
262
24 Effect on prior contracts
263
26 Circumstances of each case must determine
264
29 Distance or mileage as factor
265
30 Relations between carrier and shipper relevant
266
33 What constitutes dissimilarity in general
267
34 What difference in circumstances justifies
269
37 Whether competition may be considered
270
38 When competition exists
271
40 Extent to which competition justifies
272
41 What are contemporaneous shipments
273
44 Amount of freight shipped as affecting carriers duty
274
45 Other traffic from shipper or passenger as justification
277
48 Unnecessary cost of operation not justification
278
51 Time of year
279
56 Discriminate contracts unlawful
280
9 Various public services within the scope of the act
282
61 Group rates and basing points
284
62 Charges for specific services
286
64 Gross and net weights
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
tnreasonable preference
310
1 Rule of equality
311
2 Legislative control
313
3 Who may complain
314
7 Matters relevant in determining question of unduo 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
21 Filing and publication of excursion rates
354
riers In general
360
12 Effect of various forms of ownership and control upon
366
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 Wbat are connecting or through lines
371
21 Bill of lading as a facility which may be compelled
372
express matter
373
27 Division of joint rates
374
32 Actions for penalties 875
375
15 Receiverships
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 358
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 lia 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
352
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
20
457
Section
474
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
17 Cost of construction or reproduction
519
48 Depreciation
520
52 Operating expenses
521
53 Earnings and general financial condition of road
522
51 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 514
544
Power of commissions to order repairs or changes 517
547
1 Highway crossings
548
2 Equipment and appliances
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 536
556
Franchises and privileges approval of commission required certificates of public convenience and necessity
557
21
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 23
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
14 Validity of commission plan of regulation
589
2 Distinction between franchises to be a corporation and to operate a railroad 5 30
590
3 Validity of issue of securities
591
4 Validity of plan of consolidation
592
6 Application for authority to issue bonds
593
35
598
Penalties for other than common carriers liability of agents
611
General powers of commissions in respect to gas and electricity
617
Inspection of gas and electric meters
632
16 Division of the powers of government
635
Approval of transfer of franchise holding companies
639
Section
641
17
643
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
360
876
INDEX TO THE INTERSTATE COMMERCE ACT 867939
939
18
979
361
993
491
1042
492
1054
Авторские права

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

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