The Regulation of Railway Rates under the Fourteenth Amendment

Francis J. Swayze

The Quarterly Journal of Economics, 1912, vol. 26, issue 3, 389-424

Abstract: I. Early cases, such as the Slaughter House Case and Munn v. Illinois seemed to indicate narrow scope for the 14th Amendment, 389. — II. The Minnesota Rate Cases (1890) put greater restriction on the regulative powers of states, 393. — Dissenting Opinions, 395. — The question of principle directly presented in the Texas Case, Reagan v. Farmers Loan & Trust Co. (1894). The State inhibited, 398. — Other cases, establishing the right of judicial inquiry, 400. — III. The problem of valuation. The Nebraska Rate Cases (1898), 402. — No definite rule stated regarding valuation, 404. — A suggested distinction between public service corporations and those placing their property in an analogous position, 407. — An unremunerative rule sustained in the Minnesota coal case (1902), 410. — IV. What is reasonable value of property? The San Diego Water-rate case, 412. — The Knoxville Water case, 414. — The New York Gas Co. Case, 416. — Rising land value, 417; the valuation of the franchise, 418; the value of a going concern, 419. — The element of wages of superintendence, 421. — The law still in a formative stage as regards reasonable value, 423. — Difficulties from interaction of state and federal regulation, 424.

Date: 1912
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