A Treatise on the Law of Public Utilities: Including Motor Vehicle Transportation

Front Cover
Bobbs-Merrill, 1925 - 1065 pages

From inside the book

Contents

Municipal public utilities a business concern
24
CHAPTER 3
27
Liberal construction 19 Limitations of fraud and ultra vires
36
Power to dispose of surplus capacity
37
CHAPTER 4
45
Electric light plant 31 Brooklyn bridge
52
Rapid transit system 33 Public memorial monument 34 Power to lease municipal rapid transit system
54
Natural gas plant
56
Convention hall
57
Public wharves
58
Municipal fuel yards 39 Heating plant
59
Manufacturing cement 41 Motion pictures
63
Liability insurance
64
Ice plants
65
Definitions
66
CHAPTER 5
68
Taxation only for public purposes
78
Municipal public utilities public and natural monopolies
79
Private enterprises controlled by competition
80
Municipality can not erect opera house
81
Sale of coal and wood not a municipal or public purpose
83
Municipality can not assist private enterprises
84
Municipal plumbing not incidental to its waterworks
85
Brick making a private business
99
Municipal coliseum authorized by constitutionHome rule
105
Regulation of motor vehicles
107
CHAPTER 6
111
Grant by state of charter right to be a corporation
115
Special franchise right to use streets and operate municipal public
116
Power to grant special franchises delegated to municipality
117
Power of municipality subordinate to state
118
119 Municipal regulation by franchise provisions
119
Inhabitants may enforce franchise provisions
126
Special franchise necessary to use of general franchise
127
Franchise rights of inhabitant and nonresident distinguished
128
The franchise a contract 121 Franchise grants on acceptance become contracts 122 Rights subject to public regulation and control 123 Franchise righ...
134
State interest and regulation controls municipal
142
Municipal regulation once provided is final and binding
143
Municipal consent when accepted creates binding contract
144
Vested interests and contract rights not subject to impairment by later constitutional provisions
145
Franchise rights may be modified by mutual agreements
146
Regulation by commissions
147
Conditions of acceptance
148
Presumptions favor municipalities
149
Nonuser
150
Constitutional limitations
177
Franchises strictly construed
178
CHAPTER 8
179
CHAPTER 9
194
CHAPTER 10
208
CHAPTER 11
241
Liability in damages for failure to furnish adequate service
262
Limitation
263
CHAPTER 12
274
CHAPTER 13
293
Wholesale service
301
Municipal public utility must serve public granting it franchise
302
Uniform service to all of class and of similar classes
303
Municipality 281 Contract for exclusive telephone service invalid
306
Value of service to customer no valid basis for rate classification
307
Reasonable regulations for securing payment for service
308
Discontinuing service for nonpayment
309
Discrimination by rebates illegal
310
Exchange of service 287 Public service
312
Rates for service not taxes need not be uniform under constitution
315
Discrimination in favor of public or charity
316
Inadequate supply no justification for discrimination 291 Rule necessary to protect poorer classes especially
319
Suburban customer may be classified as such
320
Quantity of service as basis of classification
321
Classification between old and new subscribers invalid 295 Nature of use of gas service not proper basis of classification
324
CHAPTER 14
325
CHAPTER 15
359
Street railways and pipe lines local not additional servitudes
360
Interurban railway system
361
The two capacities of municipal corporations
365
Liability under municipal ownership
366
Liability under commission
367
Municipality liable for damage from broken water main
368
Municipality liable for waterworks same as for streets
369
No liability under statute where duty partly governmental 350 No liability for public duty which is not commercial enterprise 351 Liability for neglig...
371
Liable only for ordinary use of water
372
CHAPTER 16
376
Interurban in rural highway held additional servitude
393
Present use must be public
410
Consideration of such contract must be reasonable 427 Contract not in effect an exemption
436
Strict construction denies validity of agreement
437
Practical statement of the rule
438
CHAPTER 18
439
Pipe lines on failure of gas may be alienated in public interest
447
Transfer to municipality favored in interest of public
448
Municipal option to purchase provided in franchise
452
Legislative authority must be express to permit transfer
453
Franchise personal to grantee and not transferable
456
Combination agreements defeating competition are invalid
457
Contracts fixing rates or combining competitors invalid
458
Stock control of competing concerns invalid 455 Forced sales of such property also prohibited
459
Right of alienation expressly given by statute valid
462
CHAPTER 19
465
CHAPTER 20
495
Title to street in municipality trustee for public
499
Municipal consent condition precedent
500
No exclusive use unless expressly provided
501
No power to alienate or obstruct streets implied
502
CHAPTER 21
527
The police power
562
Public utility commissions
564
CHAPTER 22
568
Capitalization and investment distinguished
595
CHAPTER 23
596
Connection between capitalization and necessary investment not always apparent
597
CHAPTER 24
624
CHAPTER 25
654
CHAPTER 26
695
CHAPTER 27
729
Contract for connected or through service
733
Physical connection only by contract or state requirement 684 Cost and value of telephone service with increase of subscribers
734
Classification of telephone service
735
Physical connection by constitutional provision
738
Statutory and constitutional requirements upheld
740
Physical connection by contract available to all alike
744
CHAPTER 28
765
Rate regulation under competition conditions 746 Service the fundamental consideration 747 Regulation varies with statutory provisions 748 Califor...
766
Regulation of interstate commerce 794 State regulation in absence of federal 795 Reasonable state tax for use of highways proper charge on inter stat...
767
Public interest proper limitation of monopoly and competition
785
Railroads control of taxicabs
838
Municipal control of taxicab stands
839
Denial of right to solicit for taxicabs on trains
840
Public safety and convenience considered in regulation
841
Solicitation of taxicab drivers regulated
842
Taxicab distinguished from street cars and other motor vehicles
843
Municipal control of hackmen and taxicab drivers
868
Exclusive taxicab service for railroads 846 Railroads and hotels and taxicab service
869
Solicitation by taxicabs in depots denied
870
Municipal regulation of taxicab stands in New York city
871
Contract of railroads with taxicabs exclusive
872
Municipal regulation of taxicab stands at hotels and depots 851 Interest of public as basis of regulation
873
Taxicabs as common carriers 853 Privilege of operation subject to regulation
874
CHAPTER 29
876
CHAPTER 30
899
CHAPTER 31
922
CHAPTER 32
954
Alabama
955
Petition for rehearing 917 Action of commission on petition for rehearing 918 Further hearings
956
Presumption favors orders of commissions 920 Conclusion of facts prima facie or conclusive
957
Time and manner of taking appeal 922 Jurisdiction of court on appeal
958
Right and manner of appeal and power of disposition by court 924 Connecticut rule on appeals
959
Jurisdiction on appeals 926 Practice on appeals in Indiana and elsewhere
960
Additional evidence and affidavits 928 Orders of commissions effective pending appeals
961
Appeal may stay effect of order 930 Orders may be enjoined on notice and hearing with giving of bond
962
Georgia
963
Conclusiveness of orders determines effectiveness of commission control 932 Attitude of courts toward commission determines effectiveness of its co...
964
Illinois
965
Indiana 967 Iowa 968 Kansas 969 Kentucky 970 Louisiana 971 Maine 972 Maryland 973 Massachusetts 974 Michigan 975 Minnesota 976 Mississip...
981
New York
984
North Carolina
996
North Dakota 987 Ohio
997
Oklahoma
998
Oregon
999
Pennsylvania 991 Rhode Island 992 South Carolina
1000
South Dakota 994 Tennessee
1001
Texas 996 Utah 997 Vermont
1002
Virginia 999 Washington 1000 West Virginia
1004
Wisconsin
1005
Missouri 1002 Wyoming
1006
Montana
1008
Fixing rates legislative and administrative 547 Rates should vary with changed conditions
1038
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Page 279 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large.
Page 130 - No county, city, town, township, school district or other political corporation or subdivision of the State shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose...
Page 923 - The province of the courts is not changed, nor the limit of judicial inquiry altered, because the legislature instead of the carrier prescribes the rates. The courts are not authorized to revise or change the body of rates imposed by a legislature or a commission; they do not determine whether one rate is preferable to another, or what under all circumstances would be fair and reasonable as between the carriers and the shippers; they do not engage in any mere administrative work; but still there...
Page 581 - But it should also be remembered that the judiciary ought not to interfere with the collection of rates established under legislative sanction unless they are so plainly and palpably unreasonable as to make their enforcement equivalent to the taking of property for public use without such compensation as, under all the circumstances, Is Just both to the owner and to the public...
Page 310 - Corporations which devote their property to a public use may not pick and choose, serving only the portions of the territory covered by their franchises, which it is presently profitable for them to serve, and restricting the development of the remaining portions by leaving their inhabitants in discomfort without the service which they alone can render.
Page 575 - If a corporation cannot maintain such a highway and earn dividends for stockholders, It Is a misfortune for It and them which the constitution does not require to be remedied by Imposing unjust burdens upon the public.
Page 617 - It is entitled to see that from earnings the value of the property invested is kept unimpaired, so that at the end of any given term of years the original investment remains as it was at the beginning.
Page 545 - ... upon the reasonable value of the property at the time it is being used for the public.
Page 44 - To construct, operate, maintain, extend, manage and control works and property for the purpose of supplying the city and its inhabitants with water...
Page 12 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the accomplishment of the declared objects and purposes of the corporation — not simply convenient, but indispensable.

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