RAPID TRANSIT ACT.

Of New York, whether a local act, n. [1], p. 67.
Constitutionality, n. [1], pp. 662, 663.

RAPID TRANSIT RAILROAD COMMISSIONERS.

See, "BOARD OF RAPID TRANSIT RAILROAD COMMISSIONERS.”
RAPID TRANSIT RAILWAYS.

Construction and management of, a city purpose, n. [2], pp. 84, 85.
Proposed expenditures for, must be estimated, n. [6], p. 86.

RATES.

See also, "ACTIONS;"" CHARGES;"" CLASSIFICATION;" "COMMISSION;"

(g) Actions, proceedings and orders as to rates.

3. For gas and electricity.

1. Public control in general.

Control over specific matters as to rates, see subheadings
post.

Scope of public control over, in general, n. [2], pp. 4-8; n.
[1], pp. 477-479; n. [1], pp. 643-645.

Charter provisions as to, form contract, n. [7], p. 9.
Reservation of power to alter charters as related to regulation
of, n. [10]-[13], pp. 10-12.

Power of legislature to exempt public service corporations
from public control over, n. [16], pp. 13, 14.

When exemption from public control as to, exists, n. [18],
pp. 14-16.

Exemptions from public control as to, not favored, n. [19],
p. 16.

Transferability of exemption from public control over, n.
[20], p. 17.

Effect of reorganization or consolidation on exemptions from
public control, n. [21], pp. 17, 18.

Statutes relating to, presumed valid, n. [23], pp. 19–21.
Divisibility of statutes relating to, n. [40], pp. 30, 31.
Validity of commission plan of regulating, n. [14], pp. 51-
54; n. [4], pp. 479, 480; n. [2]. p. 645.

1. Public control in general - Continued.

What powers as to regulation of, are legislative, n. [18], pp.
59-62.

What regulative powers as to, are judicial, n. [19], pp. 62-65.
Prescribing of maximum, as effecting right of state to further
regulate, n. [3], p. 479.

Effect of regulative statutes on existing companies, n. [2],
p. 479.

General rules and principles governing commission in deter-
mining as to, n. [26], pp. 495-498.

Judicial supervision over rates, n. [3], p. 646.

2. Rates of carriers.

(a) In general.

Meaning of term "rate," n. [26], p. 192.

Provisions as to rates on single lines applicable to through
routes, n. [25], p. 192.

66

What are rebilling rates,” n. [27], p. 192.

"Joint rates" defined, n. [2], pp. 247, 248.

"Through rates" defined," n. [2], pp. 247, 248.

66

When through rates exist, n. [4], p. 249.

Statutes regulating, held not to be violative of charter
rights, n. [15], p. 12.

On interstate shipments, a state may not regulate, n.
[10], pp. 157-162.

Whether statutes as to, regulate interstate commerce,
n. [14], pp. 164, 165.

Validity of commission plan of regulating rates and
charges, n. [14], pp. 51-54.

Discretion of carriers in fixing, n. [28], p. 192.

Right of carriers to charge for transportation of passen-
gers, n. [30], p. 194.

Whether carriers are bound by statements and acts of

agents as to, n. [41], p. 202.

Extent of interest of shippers or public in, n. [44], p.
203.

Waiver of right to prepayment of charges, n. [51], p. 205.
Joint and several responsibility of connecting carriers for
illegal rates, n. [10], p. 257; n. [23], p. 330.
Ownership of freight as affecting carriers' duty as to
rates, n. [15], pp. 258, 259.

Whether proposed rates will be enjoined, n. [14], p. 137.
Power of commission to fix, and determine as to:
In general, n. [6], pp. 482-485.

Rates merely threatened, n. [7], p. 485.

(a) In general - Continued.

Power of commission to fix, and determine as to-

Continued.

Compromise with carrier, n. [8], p. 485.

Rates for elevation, weighing, etc., n. [9], p. 486.
Switching and demurrage charges, n. [10], p. 486.
Ferry fares, n. [11], p. 486.

-

Charges for special services, n. [12], pp. 486, 487.
Commission may require annual report of carrier to con-
tain information as to, § 46, pp. 454, 455.

Power of commission to establish joint rates, § 49, pp.
474, 475.

Power of commission as to freight rates on interstate
traffic, § 60, p. 615.

Grant of power to fix, for street railroads, includes power
to regulate transfers, n. [14], p. 489.
Fixing classification does not fix, n. [27], p. 498.

(b) Schedules.

Necessity for filing and publishing schedule, § 28, pp.
227, 228; n. [2], p. 229.

Rates must be stated in tariff schedules, § 28, pp. 227,
228.

Presumption of legality of rates filed and posted, n. [14],
p. 233.

What must be published in tariff schedules, n. [17]-[23],
pp. 234-236.

Publication of joint rates, n. [27], p. 237.

Which carrier may publish in absence of agreement for
through route, n. [29], p. 238.

Filing of schedules showing changes in, n., p. 245.
Joint tariffs must show carriers uniting in making same,
n. [5], p. 249.

Schedule of, must be filed and published before carrier

may engage in transportation, § 33, pp. 343, 344; n.
[4], p. 346.

Schedule of, for special tickets to be filed, § 33, pp. 343,
344; n. [21], p. 354.

Rates specified in schedule shall be charged by carrier,
§ 33, pp. 343, 344; n. [1], pp. 345, 346.
Special rules separately published, do not authorize
charge in excess of published rate, n. [2], p. 346.
Transportation for governmental departments at less
than published rates, n. [3], p. 346.

When shipper must tender published rate, n. [5], p. 347.

Contracts for shipment at less than published, void, n.
[6], p. 347.

Effect of failure to properly post schedule on rights and
duties as to, n. [7], pp. 347, 348.

Recovery of charges imposed pursuant to regulations not
published, n. [8], p. 348.

Shipper bound to know lawful published rate, n. [9], p.
348.

(c) Reasonableness to carrier and shipper.

Powers of state and commission as to rates generally, see
ante, subheading "1. Public control in general."
Fixed by commission presumed reasonable, n. [1], pp.
116-120.

Courts will relieve where changed conditions make en-
forcement of, unjust, n. [19], p. 141.

Compelling charging of reasonable rates, n. [3], p. 177.
Just and reasonable, duty of carriers, to charge, § 26, p.
173; n. [29], pp. 192-194.

Reasonableness a question of fact, n. [31], p. 194.
Reasonableness may be determined by carrier in first in-
stance, n. [32], p. 194.

Burden of proving unreasonableness of, n. [34], p. 196.
Higher rates for special services, n. [35], pp. 196, 197.
Rebates as evidence that rates are unnecessarily high, n.
[36], p. 197.

Whether particular rates are reasonable, n. [37], pp. 197–
199; n. [72], pp. 538-544.

Fixed by statute, as maximum, n. [38], pp. 199, 200.
Refund of overcharge, n. [42], p. 202.

Effect of long continuance of, n. [43], p. 202.

On carload and less than carload lots, n. [45], p. 203.
Prohibition of rates unreasonably low, n. [46], p. 203.
Restraining unlawful rates, n. [48], pp. 204, 205.
Contracts between railroads not to reduce, n. [50], p. 205.
Recovery of excessive rates by shipper, n. [52]-[57], pp.
205, 209.

Action to recover damages by unreasonable rates, pub-
lished rates as the standard of reasonableness, n. [13],
p. 233.

Rates applicable to through shipments in absence of
through route agreement, n. [7], p. 249.

What is proper through rate in absence of agreement for
joint rates, n. [8], p. 250.

2. Rates of carriers - Continued.

(c) Reasonableness to carrier and shipper —Continued.
Local rates should not be exacted on through traffic, n.
[68], p. 299.

Measure of a proper through rate, n. [70], p. 299.

Amount of, upon two lines of road in fact one, n. [28],
p. 374.

Commission must make investigation before establishing,
n. [1], p. 461.

Power of commission to fix in first instance, n. [6], pp.
482-485; § 49, pp. 474, 475.

Burden of proof with regard to exaction of unreasonable
rates, n. [16], p. 470.

Investigation as to unreasonable rates, § 49, pp. 474, 475.
Power of commission to determine what are just and rea-
sonable rates, § 49, pp. 474, 475; n. [6], pp. 483–485.
Power of commission to fix just and reasonable rates,
§ 49, pp. 474, 475.

Commission may not enter into arrangement which will
sanction unreasonable rates, n. [8], p. 485

Proper method to make export rates, n. [26], p. 497.
Right to earn reasonable return on investment:

In general, n. [32], pp. 503–506.

Right to earn profit on every part of road and every
service performed, n. [33], p. 507.

How great a return should be allowed, n. [37], p. 509.
Reasonableness of, a question of fact, n. [34], pp. 507,
508.

Test of reasonableness, n. [35], p. 508.

How question of reasonableness is determined, n. [33],
pp. 195, 196.

When, in determining as to reasonableness of, railroad
will be considered as independent line, n. [36], p. 50S.
Matters considered in determining as to reasonableness
of:

In general, n. [38], pp. 509-514.

Interests of carrier and shipper to be considered, n.
[39], p. 514.

Demurrage charges, n. [40], p. 514.

Consideration of interstate or foreign business in de-

termining as to intrastate rates, n. [41], pp. 514, 515.
Consideration of joint rates and division thereof, n.
[42], pp. 515 516.