TOPIC A-NATURE OF THE POWER TO FIX RATES.

§ 1301. Regulation of rates by the State.

1302. Power to pass on reasonableness of rates.

1303. Power to fix rates.

1304. Power to fix rates not a judicial power.

1305. Power to fix rates not strictly legislative.

1306. Power to fix rates executive or administrative.

TOPIC B-METHOD OF EXERCISING THE POWER TO FIX RATES.

§ 1307. Fixing rates by statute.

1308. Legislation must be general.

1309. Fixing rates by subordinate body.

1310. Fixing rates by municipal or other local government.

1311. Fixing rates by inferior courts.

1312. Fixing rates by administrative commissions.

1313. Duty of the courts to pass on reasonableness of rates.

TOPIC C-CONSTITUTIONALITY OF RATES FIXED BY GOVERNMENT.

SUB-TOPIC 1-GENERAL CONSIDERATIONS.

1314. Unconstitutional act absolutely void.

1315. Suit against State official to declare rate void.

1316. Function of the courts in declaring rate void.

1317. Rate constitutional as to one road, not as to another.

1318. Statute constitutional in part.

SUB-TOPIC 2-SEPARATION OF GOVERNMENTAL POWERS.

1319. Delegation of rate-making power.

1320. Delegation of power without appeal to the courts.

1321. Temporary interruption of appeal to the courts.

1322. Action of the rate-making body as evidence of reasonableness.

1323. Confusion of the powers of government.

SUB-TOPIC 3-OBLIGATION OF CONTRACTS.

§ 1324. Charter of corporation as contract against rate-fixing.

1325. No contract without express provision.

1326. Conferring ordinary powers does not create contract.

1327. Contracts made by municipal ordinance.

1328. Charter by Congress.

1329. Non-user and waiver of the privilege of exemption.

1330. Assignment of privilege of exemption.

SUB-TOPIC 4 -PROTECTION OF PROPERTY.

§ 1331. Unreasonably low rates constitute a taking of property.

1332. The doctrine of the "Granger Cases."

1333. Early modification of the doctrine.

1334. The rule finally established.

1335. Exceptional rates forbidden.

TOPIC D

CONSTITUTIONAL POWER OF CONGRESS OVER

INTERSTATE RATES.

1336. Power to fix rates appears to be given to the Congress.

1337. Power to fix rates is inherent in legislative power to regulate

carriage.

1338. Congress allowed to fix maximum rates.

1339. Power of Congress to fix rates for interstate commerce has been

assumed.

BOOK I.

FUNDAMENTAL PRINCIPLES GOVERNING

RAILROAD SERVICE.