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[References are to sections]

CONNECTING CARRIERS-continued

obligation of second service to accept, 519.

preceding carrier is agent in asking transportation, 519.
connecting carrier may refuse condemned car, 414.
connecting carrier must receive goods Sunday, 599.
leaving forwarding to discretion, 520.

connecting carrier out of business, 907.

duty to transmit his instructions, 521.

discrimination permissible in granting favors, 522.
may require payment from one connection, 435, 522.
may advance to one and not to another, 435.
discrimination forbidden where public duty involved, 523.
3. Facilities for the Interchange of Business

construction of physical connections not obligatory, 524
need not extend their existing facilities, 524.

connections with a switching company, 524.

obligation to have transfer facilities at junction points, 525.
no obligation to accept business at a private station, 525.
whether freight must be taken in original cars, 526.
limitations upon the obligation, 527.

no duty to accept defective cars, 527.

such transportation now usually held obligatory, 527.
necessities of commerce demand it, 528.

no obligation to pay mileage, 527.

no charge for hauling the cars, 529.

no obligation to provide facilities for further service, 529.
connecting carrier must accept through cars, 531.

point beyond its own line, 529.

statutory requirement of through facilities, 530.
extent of such statutes, 531.

4. Joint Through Routing and Rating

may confine himself to particular route, 531.

through arrangements not obligatory, 532.

initial company may select connecting line, 533.

limitations upon joint rates, 534.

rights to through rates, 535.

statutory provision for through routes, 536.

public benefit to have joint traffic arrangements, 536.

no roving commission, 537.

application of these statutes, 538.

statutory regulation of connecting services in general, 539.

[References are to sections]

CONNECTING CARRIERS-continued
time-tables of intersecting roads, 562.
5. Respective Liabilities of Connecting Carriers
special duty to make delivery to connection, 517.
first carrier liable until deposit of the goods, 517.
freight placed upon its connecting track, 656.
liability of the second carrier begins at deposit, 733.
duty to notify the consignor of refusal, 518.
goods transferred in union station, 733.
observance of patron's directions, 520.
disobedience of instructions, 521.

6. Limitation of Liability

arrangements with connecting services, 1017.
limitation of liability to its own line, 1008.

original carrier undertaking whole carriage, 1017.

goods in custody of connecting carrier, 1017.

benefit of contract between shipper and first carrier, 1017.

CONNECTING RAILWAYS

connecting railway as public service, 130.
connecting railway as common carrier, 179.

CONSOLIDATION OF PUBLIC SERVICES

consolidation of the existing roads into longer lines, 739.
the controlling interest in the stock, 1174.

constituent roads still preserve their original charters, 1178.
rent of leased portions, 1179.

bona fide lease of the road, 1179.

consolidation of several companies by holding company, 1096.
issue of securites upon consolidation, 1096.

consolidation effected by buying the former properties, 1096.
constituent companies operated under separate charters, 1178.
complications in regulating systems, 1174.

system generally taken as a whole, 1175.

unprofitable portions of the line not considered, 1176.

expenditures for different parts apportioned, 1177.

reducing facilities upon consolidation, 319.

right to close a station when another is provided, 810.

CONSTITUTIONAL LAW

1. Character of the Power to Regulate

control of public employment, 1400.

[References are to sections]

CONSTITUTIONAL LAW-continued

visitorial power of the state, 1401.
power exercised by the courts, 1401.

judicial power to consider reasonableness, 1401.
legislative power to initiate action, 1401.

power to regulate not a judicial power, 1402.

power to regulate not strictly legislative, 1403.
power to regulate is practically administrative, 1404.
administrative power of commission, 1403.

powers of government sometimes unjustifiably blended, 1404.
regulating body presumably acts reasonably, 1405.

prima facie evidence of reasonableness, 1405.
duty of the courts to decide reasonableness, 1406.
legislation imposing outrageous penalties, 1406.
function of the courts in passing upon rates, 1406.
2. Method of Exercising the Power to Regulate

fixing rules by legislation, 1407.

division of governmental powers, 1407.
delegation of regulating power, 1408.

regulating power may be delegated to a subordinate body, 1408.
functions of administrative commissions, 1409.

delegation of legislative authority, 1409.
subordinate body is administrative, 1409.

action by municipal government, 1410.

functions of other local governments, 1410.

no regulating power inherent in a municipal corporation, 1410.
power must be given, 1410.

court declaring regulation void, 1411.

action by subordinate body may be attacked in the courts, 1411.
taking property without due process of law, 1411.

depriving of equal protection of the laws, 1411.
whether suit is against state official, 1412.

suit to restrain a state official against state, 1412.
3. Division Between Federal and State Jurisdiction
what constitutes interstate commerce, 1413.
when independent agencies employed, 1413.
terminii in same state, 1413.

empty cars, 1413.

lottery tickets, 1413.

continuous carriage under common control, 1414.

sale of through tickets, 1414.

[References are to sections]

CONSTITUTIONAL LAW-continued
through billing and rating, 1414.
continuity of interstate shipment, 1415.
arrangement for continuous carriage, 1414.
goods reconsigned after arrival, 1415.
temporary stoppage within the state, 1415.
carriage wholly within the state, 1416.
position of switching company, 1416.

entirely independent succeeding carrier, 1416.

no through bill of lading, 1416.

cab service, 1416.

local cartage, 1416.

state legislation burdening interstate commerce, 1417.
penalty for refusal to serve, 1417.

failure to deliver in another state, 1417.

stopping of interstate trains, 1417.
discrimination in intrastate rates, 1417.

state forbidding separation of races, 1417.
cars for interstate shipments, 1418.
scope for state police power, 1418.
prohibition of Sunday trains, 1418.
heating cars, 1418.

quarantine laws without discrimination, 1418.

hides not duly inspected, 1418.

licensing of locomotive engineers, 1418.

effect of action by Congress, 1419.

carriage of intoxicating liquors, 1419.

the Employers' Liability Act, 1419.

state long and short haul legislation, 1419.

congressional regulation of interstate commerce, 1420.

three courses for regulation, 1420.

(1) either to fix rates itself, 1420.

(2) give a commission power to fix, 1420.

(3) leave with the companies to fix rates subject to review, 1420.

4. Impairing Obligation of Contract

contract character of charter, 1421.

legislature cannot subsequently avoid, 1421.
express contractual provision necessary, 1422.
reservation of the power to regulate, 1422.

conferring powers does not create contract, 1423.
legislature may keep power, 1423.

[References are to sections]

CONSTITUTIONAL LAW-continued

contracts made by municipal ordinance, 1424.
power to contract conferred on a city, 1424.
loss of the privilege, 1425.

loss by a consolidation, 1426.

assignment of the privilege, 1426.

privilege usually not assignable, 1426.

gas company losing by sale, 1426.

street railway company losing by lease, 1426.

5. Confiscation of Property

the Granger Cases most extreme, 1427.

establishment of the power to restrict charges, 1121.

no confiscation if no loss, 1427.

rates fixed must not produce a deficit, 1122.
early modification of this doctrine, 1428.
adequate return must be left, 1123.

power to regulate not power to destroy, 1428.
fair return finally protected, 1429.

reduction leaving reasonable return, 1124.
confiscation of the property invested, 1430.
unprofitable rates are confiscatory, 1430.
rate fixed by the legislature itself, 1430.
rate fixed by municipal corporation, 1430.
reasonableness of return now judicial question, 1125.
fair net earnings left, 1431.

fair return generally conceded, 1126.

reasonable rates not necessarily profitable, 1432.

reduction ruinous only to certain companies, 1128.

possibility of increase of business at the lowered rates, 1129.

elements to be taken into account, 1062.

reduction of particular rates leaving sufficient total earnings, 1063.

enlightened policy in rate regulation, 1069.

reasonableness of the schedule as a whole, 1061.

6. Due Process of Law

imposition of absolute liability, 1433.

obligation imposed without excuses, 1433.

statute making it an unqualified duty to furnish cars, 1433.

requiring service outside employment, 1434.

police power unusually extensive, 1435.

cars for foreign shipments, 1434.

regulation must not be discriminatory, 1436.

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