Railroad Rate Control in Its Legal Aspects: A Study of the Effect of Judicial Decisions Upon Public Regulation of Railroad RatesFor the American economic association by the Macmillan Company, 1906 - 147 páginas |
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... volume of traffic . And that earnings will be reduced in proportion to reduction in rates . Length of time covered by calculation . Methods illustrated by Smyth v . Ames . How local costs are estab- lished . What earnings should be ...
... volume of traffic . And that earnings will be reduced in proportion to reduction in rates . Length of time covered by calculation . Methods illustrated by Smyth v . Ames . How local costs are estab- lished . What earnings should be ...
Página 6
... volume of traffic . Ex- penses increase but slightly when traffic increases greatly . This is true not only because the fixed expenses of any railroad company are so large a proportion of the whole , but because even the variable items ...
... volume of traffic . Ex- penses increase but slightly when traffic increases greatly . This is true not only because the fixed expenses of any railroad company are so large a proportion of the whole , but because even the variable items ...
Página 56
... volume of traffic ; and it might therefore seem only fair to assume that the busi- ness under the commission's rates , if they were lower than those formerly in force , would be greater than the past business . This view is supported by ...
... volume of traffic ; and it might therefore seem only fair to assume that the busi- ness under the commission's rates , if they were lower than those formerly in force , would be greater than the past business . This view is supported by ...
Página 99
... volume of business . For the courts , then , to proceed upon the assumption which it does , is to unduly favor the railroads . It enables them to make a stronger case than they could were the correct assumption to be made . Upon this ...
... volume of business . For the courts , then , to proceed upon the assumption which it does , is to unduly favor the railroads . It enables them to make a stronger case than they could were the correct assumption to be made . Upon this ...
Página 100
... volume of business as to make it remunerative , even more than at present ? But speculations as to the future are not guides for judicial actions ; courts determine rights upon existing facts . " — Mr . Justice Brewer in Chicago , etc ...
... volume of business as to make it remunerative , even more than at present ? But speculations as to the future are not guides for judicial actions ; courts determine rights upon existing facts . " — Mr . Justice Brewer in Chicago , etc ...
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Railroad Rate Control in Its Legal Aspects: A Study of the Effect of ... Harrison Standish Smalley Sin vista previa disponible - 2016 |
Términos y frases comunes
American Economic Association amount applied cent chapter charges Chicago Cloth commission's rates common carriers compensation Constitution corporation Covington decision declared deprive of property determined discrimination dividends doctrine of judicial doubt due process earning capacity effect of rates eminent domain entitled established evidence fact federal fix rates Fourteenth Amendment freight Granger Illinois improper limitation industrial condition involved Judge judicial review Justice Blatchford Justice Brewer lative legislature limitation matter methods Milwaukee and St Minnesota Munn obiter dicta operating expenses opinion Ph.D police power practically present Price principle problem process of law profit provision public control public interest public regulation question rail Railroad Commission railroad company railroad control railroad rates rate control Rate Law rates on earnings Reagan reasonable income reduce rates reduction in rates result road schedules secure SERIES Smyth statute sufficient suit Supreme Court temporary injunction theory tion traffic unjust unreasonable validity
Pasajes populares
Página 47 - The question of the reasonableness of a rate of charge for transportation by a railroad company, involving as it does the element of reasonableness both as regards the company and as regards the public, is eminently a question for judicial investigation, requiring due process of law for its determination.
Página 35 - If the company is deprived of the power of charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States...
Página 21 - In countries where the common law prevails, it has been customary from time immemorial for the legislature to declare what shall be a reasonable compensation under such circumstances, or, perhaps more properly speaking, to fix a maximum, beyond which any charge made would be unreasonable.
Página 35 - ... charging reasonable rates for the use of its property, and such deprivation takes place in the absence of an investigation by judicial machinery, it is deprived of the lawful use of its property, and thus, in substance and effect, of the property itself, without due process of law and in violation of the Constitution of the United States ; and in so far as it is thus deprived, while other persons are permitted to receive reasonable profits upon their invested capital, the company is deprived...
Página 62 - In our judgment. It must be held that the reasonableness or unreasonableness of rates prescribed by a state for the transportation of persons and property wholly within its limits must be determined without reference to the Interstate business done by the carrier, or to the profits derived from It. The state cannot Justify unreasonably low rates for domestic transportation, considered alone, upon the ground that the carrier is earning large profits on its interstate business, over which, so far as...
Página 71 - It cannot be said that a corporation is entitled, as of right, and without reference to the interests of the public, to realize a given per cent upon its capital stock. When the question arises whether the Legislature has exceeded its constitutional power in prescribing rates to be charged by a corporation controlling a public highway, stockholders are not the only persons whose rights or interests are to be considered. The rights of the public are not to be ignored.
Página 71 - It is unnecessary to decide, and we do not wish to be understood as laying down as an absolute rule, that in every case a failure to produce some profit to those who have invested their money in the building of a road is conclusive that the tariff is unjust and unreasonable.
Página 19 - Every bushel of grain for its passage "pays a toll, which is a common charge," and therefore, according to Lord Hale, every such warehouseman "ought to be under public regulation, viz., that he ... take but reasonable toll." Certainly, if any business can be clothed "with a public interest and cease to be juris privati only,
Página 25 - We know that this is a power which may be abused, but that is no argument against its existence. For protection against abuses by legislatures the people must resort to the polls, not to the courts.
Página 81 - It is one thing to inquire whether the rates which have been charged and collected are reasonable — that is a judicial act ; but an entirely different thing to prescribe rates which shall be charged in the future — that is a legislative act.