Regulation of Railroad Rates. Argument of J.H. Benton, Jr., Before Massachusetts Railroad Commission On Petition for Reduction in Coal Rates to Brockton. June 29, 1901

Cover Regulation of Railroad Rates. Argument of J.H. Benton, Jr., Before Massachusetts Railroad Commission On Petition for Reduction in Coal Rates to Brockton. June 29, 1901
Regulation of Railroad Rates. Argument of J.H. Benton, Jr., Before Massachusetts Railroad Commission On Petition for Reduction in Coal Rates to Brockton. June 29, 1901
Benton, J[osiah] H[enry], 1843-1917. [from Old Catalog]
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. The grant of such a power is never to be implied. The power itself is so vast and com- prehensive, so largely affecting the rights of carrier and shipper as well as indirectly of commercial trans- actions, that no just rule of construction would toler- ate a grant of such power by mere implication." Interstate Commerce Commission v. Cincin- nati dec. Ry,^ 167 U.S. Reports, 479, 494, 505 -t But the legislative power to fix rates has not been given to the commissioners in Massachusetts, and it ...necessarily * For a practical discussion of the diflicultj in property fixing rates and the proper method of making railroad tariffs, see "American Rail- roads as Investments,** bj Van Oss (1893), pp. 82 et seq.
Professor Le Rossignol in his recent work says, — ** It has come to pass that there is a classification of freight based on value and not on weight, and the rates are based not on the cost of service but on what the traffic will bear. That this is a correct principle in theory can hardly be doubted** ** Monopolies, Pftst and Present** (1901), p.


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