The elaborate government machinery that regulates railroads is detailed by the examination of the Transportation Act of 1920.
By examining the changes effectuated in the Transportation Act, 1920, this book details the elaborate government machinery that regulates railroads. It is divided into four parts: The Scope and Machinery of Regulation; Rates; Service and Management. This book is absorbing reading for all who may be interested in the growth of government regulation in a particular industry, as well for those interested in the history and problems of railroads.
Kenneth Farwell Burgess received an A.B. from the University of Wisconsin. He was General Attorney for Chicago-Burlington-Quincy RR and co-wrote the new Burgess commercial law 1931-33.
Part I |
The Scope and Machinery of Regulation |
|
Chapter I |
The Subject Matter of Regulation: Rates, Service, Management |
3 |
Sec. 1. |
Regulation and agricultural depression |
3 |
Sec. 2. |
State commissions |
5 |
Sec. 3. |
Rates and charges |
7 |
Sec. 4. |
Service and management |
9 |
Sec. 5. |
Management and profits |
12 |
Sec. 6. |
State and interstate regulations |
13 |
Chapter II |
The Agencies of Regulation |
14 |
Sec. 1. |
Commission regulation |
14 |
Sec. 2. |
State commissions and the Interstate Commerce Commission |
15 |
Sec. 3. |
The Shreveport Case |
16 |
Sec. 4. |
The organization of the Interstate Commerce Commission |
18 |
Sec. 5. |
Personnel of the Commission |
19 |
Sec. 6. |
Divisional organization |
21 |
Sec. 7. |
Bureau organization |
24 |
Chapter III |
Practice Before Commissions |
28 |
Sec. 1. |
The administrative body |
28 |
Sec. 2. |
Informality of procedure |
29 |
Sec. 3. |
Classes of controversies, formal and informal complaints |
31 |
Sec. 4. |
Rules of procedure |
33 |
Sec. 5. |
Machinery of procedure |
35 |
Sec. 6. |
General investigations and ex parte hearings |
37 |
Chapter IV |
The Commissions and the Courts |
41 |
Sec. 1. |
The function of the court in regulation |
41 |
Sec. 2. |
Defined powers of commissions |
42 |
Sec. 3. |
The Abilene Case |
44 |
Sec. 4. |
Constitutionality of state laws |
45 |
Sec. 5. |
The confiscation doctrine |
46 |
Sec. 6. |
State and Federal powers |
47 |
Sec. 7. |
The review of orders |
51 |
Sec. 8. |
The enforcement of orders |
52 |
Sec. 9. |
Reparation under the Interstate Commerce Act |
52 |
Part II |
Rates |
|
Chapter V |
The Rate Making Power |
59 |
Sec. 1. |
Competitive rate making |
59 |
Sec. 2. |
The Commission's rate making power |
59 |
Sec. 3. |
Agency issues |
60 |
Sec. 4. |
Tariff publication |
61 |
Sec. 5. |
Maximum, absolute, minimum rates |
62 |
Sec. 6. |
The suspension power |
64 |
Sec. 7. |
The rule of rate making |
67 |
Chapter VI |
The Published Rate |
70 |
Sec. 1. |
The publication principle |
70 |
Sec. 2. |
Publication rules |
71 |
Sec. 3. |
The pass problem |
73 |
Sec. 4. |
False billing |
75 |
Sec. 5. |
"Beating the rate" |
76 |
Sec. 6. |
Legal allowances |
78 |
Sec. 7. |
Industrial railroads and tap lines |
80 |
Chapter VII |
The Economics of Rate Making |
84 |
Sec. 1. |
The dual problem of reasonableness |
84 |
Sec. 2. |
Economic peculiarities of railroads: Large specialized plant |
85 |
Sec. 3. |
Joint costs |
86 |
Sec. 4. |
Constant and variable costs |
88 |
Sec. 5. |
What the traffic will bear |
90 |
Sec. 6. |
Diversion |
93 |
Sec. 7. |
Destruction |
93 |
Sec. 8. |
The zone of reasonableness |
96 |
Sec. 9. |
Classification and class rates, commodity rates |
100 |
Chapter VIII |
General Rate Levels |
103 |
Sec. 1. |
The general rate level |
103 |
Sec. 2. |
Advanced rate cases, 1903 and 1910 |
104 |
Sec. 3. |
The Five Per Cent Case |
108 |
Sec. 4. |
The war-time advance |
110 |
Sec. 5. |
The Transportation Act |
117 |
Sec. 6. |
Increased rates, 1920 |
112 |
Sec. 7. |
Decreased rates and what the traffic will bear |
113 |
Sec. 8. |
Reduced Rates, 1922 |
116 |
Chapter IX |
The Equalization Principle |
118 |
Sec. 1. |
Local discrimination and business competition |
118 |
Sec. 2. |
Competition between common terminals |
122 |
Sec. 3. |
Cross country competition |
123 |
Sec. 4. |
In-and-out rate adjustments |
126 |
Sec. 5. |
The Shreveport Case, once more |
128 |
Sec. 6. |
Common point adjustments |
128 |
Sec. 7. |
Proportional rates as a means of equalization, "Gateway
competition" |
130 |
Sec. 8. |
Port differentials |
133 |
Sec. 9. |
Transit privileges |
135 |
Chapter X |
The Distance Principle |
139 |
Sec. 1. |
Distance as a measure of service |
139 |
Sec. 2. |
Passenger rates |
139 |
Sec. 3. |
Terminal and haulage costs |
141 |
Sec. 4. |
The tapering principle |
142 |
Sec. 5. |
Logical rate scales |
146 |
Sec. 6. |
Distance tables |
149 |
Sec. 7. |
Market competition and distance rates |
150 |
Sec. 8. |
The rate making of desperation |
155 |
Chapter XI |
The Long and Short Haul Principle |
157 |
Sec. 1. |
The long and short haul clause |
157 |
Sec. 2. |
Departure from the rule |
158 |
Sec. 3. |
Control of the long haul rate |
158 |
Sec. 4. |
Circuitous routes |
160 |
Sec. 5. |
The fifteen per cent rule |
162 |
Sec. 6. |
Group rates |
164 |
Sec. 7. |
Short lines |
164 |
Sec. 8. |
Potential water competition |
165 |
Sec. 9. |
Character of the commodity |
168 |
Sec. 10. |
Controlling market competition |
169 |
Sec. 11. |
The extent of relief |
172 |
Sec. 12. |
Relative reasonableness and the rate adjustment |
174 |
Chapter XII |
Group Rate Principles |
177 |
Sec. 1. |
The group rate device |
177 |
Sec. 2. |
The "distance-group rate principle" |
178 |
Sec. 3. |
Distance and differentials |
182 |
Sec. 4. |
Lake cargo coal differentials |
187 |
Sec. 5. |
The long and short haul principle and group rates |
189 |
Sec. 6. |
The southern rate structure |
196 |
Sec. 7. |
Maximum rates |
200 |
Sec. 8. |
The transcontinental adjustment |
201 |
Part III |
Service |
|
Chapter XIII |
The Service Obligation |
207 |
Sec. 1. |
Rates and service: Service principles |
207 |
Sec. 2. |
The failure of service competition |
209 |
Sec. 3. |
The achievement of private initiative |
211 |
Sec. 4. |
Special service and economy |
214 |
Sec. 5. |
Delay in regulating service |
217 |
Sec. 6. |
The scope of service regulation |
219 |
Sec. 7. |
Safety and adequacy of service |
220 |
Sec. 8. |
Continuity of service |
221 |
Chapter XIV |
Regulation of Safety and Health |
223 |
Sec. 1. |
The police powers of the states |
223 |
Sec. 2. |
Conflicting state requirements |
225 |
Sec. 3. |
Federal Safety Appliance Act |
227 |
Sec. 4. |
Hours of Service Law |
229 |
Sec. 5. |
Twenty-eight Hour Live Stock Law |
229 |
Sec. 6. |
The Boiler Inspection Act |
231 |
Sec. 7. |
The Accidents Reports Act |
232 |
Sec. 8. |
Federal Employers' Liability Act |
233 |
Sec. 9. |
Automatic train control |
234 |
Chapter XV |
Trains and Train Movement |
237 |
Sec. 1. |
The technical nature of operation |
237 |
Sec. 2. |
The Transportation Act, 1920, and train service |
238 |
Sec. 3. |
Discrimination in train service |
239 |
Sec. 4. |
State regulations |
238 |
Sec. 5. |
Train stop statutes |
241 |
Sec. 6. |
Speed regulations |
242 |
Sec. 7. |
Abandonment of train service |
243 |
Chapter XVI |
Car Supply and Car Distribution |
245 |
Sec. 1. |
Car shortage |
245 |
Sec. 2. |
The per diem agreement |
249 |
Sec. 3. |
Specialized equipment |
250 |
Sec. 4. |
Car distribution |
252 |
Sec. 5. |
Assigned car rule |
254 |
Sec. 6. |
Duties of shippers |
257 |
|
Car peddling |
259 |
Chapter XVII |
Through Routes and Routing of Freight |
260 |
Sec. 1. |
The shipper's control over routing |
260 |
Sec. 2. |
Through routes and joint rates |
261 |
Sec. 3. |
Market competition |
262 |
Sec. 4. |
The division of through rates |
265 |
Sec. 5. |
The binding character of routing instructions |
268 |
Sec. 6. |
Unrouted traffic |
270 |
Chapter XVIII |
Terminals and Terminal Facilities |
272 |
Sec. 1. |
Importance of terminals |
272 |
Sec. 2. |
The opening of terminals to competitors |
275 |
Sec. 3. |
Closed and open terminals |
276 |
Sec. 4. |
Emergency control over terminals |
279 |
Sec. 5. |
Extension of terminals |
280 |
Chapter XIX |
Special Privileges and Facilities |
282 |
Sec. 1. |
The publication of privileges and facilities |
282 |
Sec. 2. |
Elevation of grain |
284 |
Sec. 3. |
Loading and unloading of freight |
286 |
Sec. 4. |
Transit privileges |
289 |
Sec. 5. |
Reconsignment |
290 |
Sec. 6. |
Service and rates, once more |
292 |
Chapter XX |
New Construction and Abandonments |
293 |
Sec. 1. |
The decline of competitive building |
293 |
Sec. 2. |
The power to require extensions |
294 |
Sec. 3. |
The abandonment of railroad property |
299 |
Part IV |
Management |
|
Chapter XXI |
The Function of Railroad Management |
307 |
Sec. 1. |
The obligation to earn |
307 |
Sec. 2. |
The director system of management |
308 |
Sec. 3. |
Railroad credit |
310 |
Sec. 4. |
Permanent improvements and traffic congestion |
313 |
Sec. 5. |
Unproductive improvements |
314 |
Sec. 6. |
Financing equipment needs |
315 |
Sec. 7. |
State regulation |
317 |
Sec. 8. |
The dual problem of railroad management |
318 |
Chapter XXII |
The Rehabilitation of Railroad Credit |
310 |
Sec. 1. |
The transition to private control |
320 |
Sec. 2. |
The rule of rate making, once more |
322 |
Sec. 3. |
The recapture of excess carnings |
325 |
Sec. 4. |
The revolving fund |
327 |
Sec. 5. |
The carriers' share |
329 |
Sec. 6. |
The unearned increment |
331 |
Sec. 7. |
The rule of rate making and valuation |
333 |
Chapter XXIII |
Railroad Valuation |
335 |
Sec. 1. |
The Valuation Act of 1913 |
335 |
Sec. 2. |
Smyth v. Ames |
337 |
Sec. 3. |
The Bureau of Valuation |
338 |
Sec. 4. |
Cost of reproduction |
341 |
Sec. 5. |
Railroad land |
343 |
Sec. 6. |
"Other values, or elements of value," |
346 |
Sec. 7. |
The weakness of the Commission's valuations |
347 |
Sec. 8. |
The future of the valuation |
350 |
Chapter XXIV |
The Protection of Investors |
353 |
Sec. 1. |
The protection of railroad income |
353 |
Sec. 2. |
The building of new lines |
354 |
Sec. 3. |
The Wisconsin Rate Case |
353 |
Sec. 4. |
The division of joint rates |
358 |
Sec. 5. |
The weakness of the director system |
362 |
Sec. 6. |
Banker management |
364 |
Sec. 7. |
The regulation of securities |
366 |
Sec. 8. |
Leases |
369 |
Sec. 9. |
Civil and criminal liability |
370 |
Chapter XXV |
The Adjustment of Labor Disputes |
372 |
Sec. 1. |
The railroad wage bill |
372 |
Sec. 2. |
Federal control and labor |
373 |
Sec. 3. |
The national agreements |
374 |
Sec. 4. |
The Railroad Labor Board |
376 |
Sec. 5. |
The 1920 wage advance |
381 |
Sec. 6. |
Abrogation of the national agreements |
383 |
Sec. 7. |
The Pennsylvania election dispute |
387 |
Sec. 8. |
Contracting of maintenance |
388 |
Sec. 9. |
Wage reductions, 1922 |
390 |
Sec. 10. |
Cooperation, Labor Board and Interstate Commerce Commission |
396 |
Chapter XXVI |
The Integrity of the Accounts |
398 |
Sec. 1. |
The need for sound accounting |
398 |
Sec. 2. |
Dual responsibility of railroad accounting officers |
401 |
Sec. 3. |
Recapture of excess earnings |
402 |
Sec. 4. |
Maintenance and depreciation |
403 |
Sec. 5. |
Obsolescence |
405 |
Sec. 6. |
Balance sheet items |
406 |
Sec. 7. |
Valuation and consolidation |
408 |
Chapter XXVII |
Railroad Consolidation |
410 |
Sec. 1. |
Consolidation as a policy |
410 |
Sec. 2. |
Competition as a governing rule |
411 |
Sec. 3. |
Existing channels of trade and commerce |
413 |
Sec. 4. |
Weak and strong roads |
144 |
Sec. 5. |
The Ripley report and the Commission's scheme |
415 |
Sec. 6. |
Official classification territory, trunk lines |
417 |
Sec. 7. |
The South |
424 |
Sec. 8. |
The Southwest |
417 |
Sec. 9. |
Transcontinental competitors |
426 |
Sec. 10. |
The organization problem |
432 |
Sec. 11. |
The problem of the future: voluntary or compulsory
consolidation |
433 |
Appendix I |
Development of Federal Regulation |
437 |
Appendix II |
Suggested Readings |
441 |
Appendix III |
Table of Cases |
449 |
|
Index |
481 |