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HAY

[References are to sections]

classification of, 238.

See CLASSIFICATION

HEALTH REGULATIONS

excuse for refusal, 602.

See STATUTES

HEATING GAS

See FUEL GAS

HIGHWAYS

highway use of interurban railways, 192
highway rights for pole lines, 79.

highway privileges of wire conduit, 78.
highway use by gas companies, 71.

highway privileges of subways, 77.

highway privileges of street railways, 76.
highway use by electric companies, 71.
highway use for steam pipes, 115

highway use for refrigeration pipes, 116
highway franchise, 50.

HISTORY OF STATE REGULATION
mediæval policy of regulation, 1.

mediæval theory of state control, 2.

regulation of business in the middle ages, 3.

the gild system, 3.

the manorial services, 3.

1. The Early Public Employments

the baker, 10.

the carrier, 13.

the ferryman, 14.

the innkeeper, 12.

the miller, 11.

the surgeon, 6.

the smith, 8.

the tailor, 7.

the victualler, 9.

the wharfinger, 15.

2. State Regulation Persists Through Changed Conditions

parliamentary regulation of rates, 17.

restriction of prices in the colonies, 18.

[References are to sections]

HISTORY OF STATE REGULATION-continued
persistence of the legislative power, 19.
period of laissez faire, 27.

public callings as a class almost ceased, 1.
introduction of improved highways, 22.

toll bridges, 23.

turnpikes, 24.

canals, 25.

railways, 26.

3. The Period of Laissez faire

alteration in economic conditions, 27.

freedom of business from state control, 29.

special restrictions in early charters, 30.

state of the law at the middle of the nineteenth century, 1282.
conservative and radical views of regulation, 34.

gas supply, 31.

water supply, 32.

present control of public employment, 35.

economic conditions at the present time, 35.
change in the spirit of the age, 28.

laissez faire now abandoned, 32.

historical argument for regulation, 19.
new situation called forth the old law, 32.
requirements of modern society, 33.

conservative and radical views of regulation, 34.
large amount of regulation in public services, 38.
small amount of regulation in private business, 38.
4. Modern Types of Public Service

cabs, 37.

coaches, 37.

dispatch lines, 37.

docks, 37.

electric plants, 37.

elevated train, 37.

express companies, 37.

gas works, 37.

grain elevators, 37.

hotels, 37.

messenger call, 37.

omnibuses, 37.

palace cars, 37.

[blocks in formation]
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ILL PERSONS

cannot usually be refused, 556.

must be given due care, 933.

if incapable must be accompanied by attendants, 638.
if dangerously ill, may be refused, 638.

See EXCUSES AND PROTECTION

ILLEGALITY AS A JUSTIFICATION

illegality involved in performing service, 590.
1. Obedience to Governmental Authority

obedience to executive orders, 591.

subservience to military necessity, 592.

railroad subjected to military control, 592.

overruling necessity an excuse, 592.

prohibitions in administrative regulations, 593.

respect for governmental authority, 593.
obedience to legal processes, 594.

contravention of charter limitations, 595.
2. Contravention of Statutory Provisions
statutes expressly controlling service, 597.
criminal law in general, 598.

aiding committing any crime, 598.

one fleeing from justice, 598.

opposition to Sunday laws, 599.

need never be prepared to carry, 599.

if accepts on Sunday, 599.

modern necessity often overbears the Sunday policy, 599.

[References are to sections]

ILLEGALITY AS A JUSTIFICATION-continued

supplying services must be rendered continuously, 599.
obedience to liquor laws, 600.

must know that he is transporting liquors, 600.

transportation itself illegal, 600.

ultimate sale illegal, 600.

conformity to game laws, 601.

fish regulations, 601.

recognition of health regulations, 602.

certificates must be obtained, 602.

passengers coming from certain districts, 602.
violation of gaming statutes, 603.
aiding gambling in any form, 598.
3. Service Promoting Illegal Transaction
participation in the illegality, 604.
implication in illegality, 604, 605.
unauthorized messages, 605.

perpetration of some crime, 605.

service aiding immoral business, 606, 607.

character of the business, 606.

criminal business, 606.

bawdy-house, 606.

service indispensable to illegal business, 607.
market reports for bucket shops, 607.
taking telephone out of "pool" room, 603.

4. Basis for Refusing Service

reasonable rejection usually justified, 608.
premises used for gambling purposes, 608.
as things appear there is real danger, 608.
cases holding that rejection is at peril, 609.
telegram sent by procurer, 609.

service promoting the illegality, 610.
illegality prior to service, 611.

after misconduct has ceased, 611.

illegality subsequent to service, 612.

transporting liquor for illegal sale, 612.

public policy the explanation, 612.

extent of public policy, 613.

illegal operation in stocks, 609.

action contra bones mores, 590.

dealing in futures, 610.

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