A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Construction and Operation of Railroads; Together with Their Duties, Rights and Liabilities as Carriers, Including Both Street and Interurban Railways, Opseg 2

Byron Kosciusko Elliott, William Frederick Elliott

Bobbs-Merrill Company, 1921

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CHAPTER XXV	1

When incorporation must be alleged	3

Actions and suits against corporations	5

Power of corporation over litigationPower to compromise and arbitrate	6

Estoppel to deny corporate existence	7

When stockholders may	8

Service of process	10

Resident agentRule in federal courts	13

State aidLien of state	408

Constitutionality of statutes authorizing municipal aid to railroads 998 Construction of constitutional provisions	411

Constitutional prohibitions	413

Direct limitations upon the state not limitations upon power to authorize municipalities to grant	414

Constitutional restrictions operate prospectively	415

Limitation upon the power of municipalities to incur debts	417

Constitutional questionsDelegation of legislative power 1005 Submission to vote 1006 Submission to popular voteConstitutional requirements	419

Vecessity of regularity in the election	420

Agent need not reside in stateAgent casually in state 719 Return of service	18

Venue of actions against corporations	19

Attachment	24

Garnishment	26

Duty and liability of garnishee	28

What may be reached in garnishment	30

Garnishment of employes wages	34

InjunctionGenerally	37

Injunction where the company seeks to take or condemn lands	39

Injunction where railroad is laid in a street	42

Enjoining a nuisance	45

Injunction at suit of the company	47

Enjoining strikers	52

Injunction at suit of stockholder	55

Mandatory injunctionEnglish cases 734 Rule in the United StatesIllustrative cases	58

Mandamus to compel restoration of highway and construction of crossings or viaducts	64

Mandamus to compel carriage of freight	66

Mandamus to compel the company to maintain stations and fur nish increased facilities	67

When mandamus will not	71

Who may be realtor	73

Quo warranto	75

CHAPTER XXVI	77

What are suits of a civil nature under the removal acts 747 Parties	83

Rights of removal as affected by amount in controversy 749 Diverse citizenship as a ground for removal	85

Separable controversy	90

Action against company and employe	92

Prejudice or local influence as a ground for removal 753 Removal where federal question is involved	97

Time and manner of making application for removal	100

Effect of application on jurisdiction of state and federal court	102

Remanding and dismissing cause	105

RemandingAmendmentWaiver	107

Pleading and practice in federal court after removal	108

Recent cases Miscellaneous	110

Question of jurisdiction where neither party resides in federal districtWaiver	115

CHAPTER XXVII	118

Effect of commerce se of the federal constitution upon the power of the states	120

Legislative power over private rights of railroad companies	121

Nature of 773 Constitutional protection	124

The limits of legislative power unduly extended 775 Regulations affecting acts and duties of a public natureRelat ing to stations 776 Other illustrative...	125

Corporate rights are subject to the police power	128

The police power is fettered by limitations	130

Subject must be one over which the police power extendsCases adjudging statutes invalid	132

Police powerLegislative and judicial questions	135

The police power and the commerce clause of the federal consti tution	137

Regulations that have been held validMiscellaneous 783 Regulations as to equipment held valid	146

Regulations as to lighting track held valid 785 The power to impose penalties in favor of private persons Constitutional questions	147

Regulating speed of trains 787 Stopping trains at highway crossings	150

Fencing tracks	151

Grade crossings	153

Grade crossings continued	154

Requiring services and denying compensation	155

Federal corporationsState can not transform into a domestic corporation	156

CHAPTER XXVIII	158

Introductory	159

Nature of state railroad commissions	160

The power to create railroad commissions	162

Strictly judicial powers can not be conferred upon administrative or ministerial officers	164

Granting authority to make regulations not a delegation of legis lative power	166

Legislature can not authorize a railroad commission to make unjust discriminations	167

Members of railroad commission are public officers	169

Qualifications of commissioners 803 Powers of railroad commissionersIllustrative cases	170

Powers of commissionersOther cases	174

Incidental powers of a railroad commission	179

Right of railroad companies to a hearing	180

Orders of commissioners not contracts	181

Certificates of commissioners that rates are reasonableEffect of 811 Regulation of charges for transporting property and passengers	183

Domestic commerce	185

Reasonableness of freight and fare tariff of ratesHow far a judicial question	187

1	189

Regulation of chargesTest of reasonableness 815 Tariff of ratesTests of reasonableness	190

Tariff of ratesDiscrimination in interstate rates 817 StationsPower to order company to provide	197

Naming stations	199

Switching charges 820 Procedure before the commissioners	200

Effect of the decision of the commissioners that a company has not committed an act authorizing a forfeiture	202

Enforcing the orders of the commissionersGenerally	203

Enforcing the orders of the commissionersMandamus	205

Mandamus Enforcing orders of commissionersIllustrative	206

a cases	208

Suits against railroad commissioners are not ordinarily suits against the state	209

Remedies for illegal acts of railroad commissioners 827 Specific statutory remedyFederal rule	210

Parties to suits against railroad commissioners	212

Review of certiorari	213

SECTION	214

Injunction against commissionersGenerally	215

Where commissioners exceed their jurisdiction injunction will lie 832 Vacating orders of commissioners on the ground of fraud	216

Federal question Removal of causes from state courts	217

CHAPTER XXIX	219

Penal statutes strictly construedNo extraterritorial effect 842 Right of action is afiected by penal statutesEffect of violation as proof of negligence	225

Whether private injury essential to recovery of penalty	229

The informers rightsParties 846 The penaltyComputation	233

When penalty and when liquidated damages	236

Indictment of railroad companies for causing death	238

Violation of Sunday laws 850 Indictment of railroad company for maintaining a nuisance	240

Indictment under separate coach actVariance 852 Obstruction of highways	243

Failure to maintain accommodations at stations	246

Indictment for failure to maintain accommodations 855 Statutory signalsStops at crossings	248

Blackboards and bulletins at stations	249

Failure to furnish cars	250

Unlawful speed	251

Penalties for detention of baggage	252

Other penal regulations	254

Full crew and hours of service laws 862 BlacklistingClearance cards	255

Violation of federal regulations 864 Penalty for confinement of live stock	256

Penalty for confinement of live stockState legislation	257

Offenses against railroadsObstructing mails and interfering with interstate commerce 867 English statutory penalties for riding without paying fare	259

Sale of tickets without authorityScalpers 869 Climbing on carsEvading payment of fare	261

Placing obstruction on track	262

Shooting or throwing missile at	265

Breaking into depot or carBurglary	266

Injury to railroad propertyMalicious trespass	267

Other crimes against railroad companies	268

CHAPTER XXX	270

Legislative power	271

Whether boards of assessment and equalization have judicial powers 883 Appropriate method of assessing 881 Vethods of taxation	272

What is meant by roadway in revenue laws	276

Railroad bridges and bridge companies	278

Statutory method of assessment exclusive 888 Legislative discretionClassification	279

Equality and uniformity	281

Equality and uniformityDouble taxation 891 Duties of corporationRights of stockholders 892 Failure of the corporation to make returnEffect on stoc...	284

Situs of stock of nonresident corporation owned by domestic corporation 894 Situs of rolling stock	285

Discrimination	286

Lien of assessment	287

Taxation of street and interurban railroads	288

Relinquishment of the power of taxation	289

Exemption from taxationConsolidation	291

Right of exemption nonassignable	293

Immunity from taxation not a franchise	294

Exemption of property used in operating railroad 903 Withdrawal of exemption	298

RemediesInjunction 905 RemediesInjunctionSuit by taxpayer	301

Inequality no ground for injunction	302

Tender of amount of taxes owing is required	303

CHAPTER XXXI	305

Interstate commerceObstruction	307

Railroad property used in interstate commerce is taxable by	308

state	309

Interstate commerceTaxation of property brought from one state into another	311

Railroad in more than one state	312

Mileage basis of valuation	314

License	315

Privilege tax on interstate railroads 918 Privilege tax discriminated from a property	318

Excise	321

Excise license and privilege taxesReview of recent decisions	323

Tax on passengers carried	324

Tax on interstate freight	325

Tax on gross receipts of interstate commerce corporations	326

Fees for the right to be a corporation not taxes	328

Municipal tax as compensation for use of streets	329

Impairing obligation of a contract	330

Impairing obligation of contractsTax on bonds	333

Exemption of railroad propertyContract alteration of charter 929 Due process of law in tax proceedings 930 Equal protection of the laws	336

Equal protection of the laws continued	339

Equal protection of the lawsCorporations are persons	340

Equal protection of the lawsWhat is a denial	341

Fourteenth amendmentUnequal protection generally 935 Classification not a denial of equal protection	343

Fourteenth amendmentTax for salaries of railroad commission	344

Corporations deriving rights from the United States 938 Land grants	345

Domestic commerce	347

CHAPTER XXXII	348

Local assessmentsPower to levy	351

Statute must be complied with	354

Property subject to local assessmentGeneral rule	355

Property of railroad companies	356

Right of wayWhether subject to assessment	358

Abutting propertyRight of way is	362

Whether street railroad is subject to assessinent 953 Right of wayMode of assessing	365

Assessment for drainage purposes	366

Bridges over natural watercourses utilized for drainage purposes	367

Lien of the assessmentPersonal liability	368

The ground upon which public aid to railroads rests 966 Land grants 967 Construction of land grants	376

Construction of land grantsIllustrative cases	380

Effect of grant	383

Effect of grantIllustrative cases	387

Reserved lands	388

WithdrawalWhere land becomes part of public domain 973 Indemnity lands	391

Rules laid down by Supreme Court of United States	392

Priority rights 976 Breach of conditionForfeiture	394

Legislative declaration of forfeiture 978 Cancellation of grants and entries	396

Condition that land shall revert to United States if not disposed of within a fixed time 980 Staking and surveying line does not conclude the company	398

Aid to two companies by same grant 982 Grants by the governmentEstoppel	399

Where state renders performance of condition impossible grant is not defeated 984 Partial failure to perform conditions	401

Notice by possessionAdverse possession	402

Injunction on the application of company	403

Effect of reservation of right to use railroad as a highway	404

CHAPTER XXXIV	406

State	407

Form of ballot	421

Form of ballotDouble question	422

Scope of the legislative power	423

Scope of the legislative powerIllustrative cases	424

Power to aid railroadsStatutory authority	426

Power to grant aid is continuous	428

Railroad aid laws not restricted to new companies 1016 Taxing the property of one railroad company to aid in the con struction of the road of anothe...	430

Inadequacy of statute	432

Impairment of contract rights	433

Impairment of contract rig litsIllustrative cases 1021 Construction of statutesImplied powers	435

Construction of statutes conferring authority to aid railroad com paniesIllustrative instances	437

Construction of enabling acts djudged cases 1024 Means and methods	442

Requirements of statute Classes of cases 1026 Power to aid by subscription does not authorize the execution of bonds	443

Levy of taxesWithdrawal of powerTime 1028 Donations and subscriptions	446

Repeal of enabling actWithdrawal of authority 1030 Validating proceedingsRetrospective laws	449

Legislative power to authorize ratification	452

Curative statutesRequisites	453

Division of municipality for purpose of voting 1034 What corporations may be authorized to grant	456

Subscription to unorganized company	457

Votes_VotersMajority of votes	459

Failure to conform to the requirements of the enabling actIllu strative cases	460

ConditionsPerformance of Excuse for nonperformanceIllu strative cases	462

Time for completion of road where not fixed in contract 1041 ConditionsPower of municipality to prescribe	465

Change of municipality	467

Effect of change of name of corporation	468

Limitations upon the amount	469

Valuation of property	470

Conditions must be performed	471

Preliminary survey	473

PetitionRequisites ofPetitionersQualifications of 1049 Notice of election	477

Notice of electionStrictness with reference thereto	478

Influencing voters	479

Vote does not of itself constitute a contract	480

Aid authorized by popular voteDuty of local officers	481

Contract granting aidSubscriptionEnforcement	483

Power of municipal officers where statute requires submission to popular vote 1056 Decision of local officers as to jurisdictional facts	486

Acceptance of aid 1058 Ratification of subscription	489

Stock subscribed by municipalityLegislative control	490

Rights and liabilities of municipal corporations as stockholders	491

Defences to municipal subscriptions	492

Estoppel of taxpayers 1063 Remedies of taxpayers 1064 Remedies of municipalities	496

Remedies of railroad companies	498

Remedies of railroad companies continued	500

CHAPTER XXXV	502

Power to issue aid bonds	503

Legislative authority requisite	505

Constitutional questionsCompleted road	506

Governmental subdivision may be authorized to issue bonds 1074 Execution of the power to issue aid bondsGenerally	508

Execution of the power to issue aid bondsImplied powers 1076 Formal execution of bonds	510

Execution of bondsDelivery 1078 Nature of municipal aid bonds	511

Proceedings of municipal officers must conform to the statute	513

Conflict of authority	514

Consolidation does not take away right to bonds	515

Purchasers of aid bondsDuty to ascertain that power to issue bonds exists	516

Bonds issued in excess of the limits prescribed by the constitution	517

Limitation of amountConstruction of statute 1086 Bonds in excess of the limit prescribed by statute	518

Bonds running beyond time prescribed	520

Bonds payable out of a specific fund	521

Performance of conditions	522

Ratification of bonds irregularly issued	523

Ratification of invalid bonds 1093 When bonds are void	525

Form of bondsTo whom payable 1095 Form of bondsLack of seal 1096 Bona fide holders of aid bonds	528

Estoppel by recitals in bondsGeneral doctrine 1098 Estoppel by recitals in bondsIllustrative cases	533

Recitals in bonds not always conclusive	538

Official certificatesConclusiveness	539

Recitals in bonds to constitute an estoppel must be of facts	540

No estoppel where the officer ordering bonds to issue had no jurisdiction	541

Estoppel otherwise than by recitalIllustrative instances 1104 Estoppel by retention of stock	545

Recitals in bondsEffect of against bondholders 1106 RefundingSubstitution	546

Discretionary powers and peremptory duty	548

Registration	549

Rights of bona fide holders not affected by sale of bonds at less sum than that prescribed by statute 1110 Subrogation of holder of invalid bonds	550

Liability of municipality to purchaser of invalid bonds	551

Right of municipality to recover money paid because of wrongful acts of the railroad company	552

Defenses to aid bonds	553

Bondholders not bound by proceedings to which they are not parties	554

Following state decisions	555

Jurisdiction of federal courts	556

Compelling the issue of bonds 1118 Remedies of bondholders	558

Miscellaneous	563

CHAPTER XXXVI	566

Circular or belt road 1127 Discretion of company in determining locationHow exercised	568

Determination of question of necessity and convenience of pro posed railroad	571

Conflicting grantsPriority of location	572

Location of road upon property already devoted to public use 1131 Location of abandoned right of way 1132 Branch and lateral roads	577

Exempt property	580

Preliminary survey	581

Perfecting locationMap of proposed route	582

Effect locationWhen location is complete	585

Construction of from and toTerminus at or near 1138 Contracts to influence location	590

Change of locationWhen authorized	593

Change of location after first location is finally completed	595

Abandonment of locationEffect 1142 AbandonmentWhat constitutesWhen and how shown	600

Relocation of stations	605

CHAPTER XXXVII	609

Authority to purchase	610

Who may convey	612

Construction of deeds and contracts for right of	615

Where route is not described in deed 1155 Enforcement of agreement to sellSpecific performance	618

When specific performance will not be enforced 1157 Effect of conveyance or release of damages	623

What estate is taken	630

Conveyance of right of way by railroad companies 1161 Conditional conveyances	631

Difference between conditions precedent and conditions subse quentEffect of failure to perform conditions precedent	634

Conditions subsequentWhat is sufficient performanceEffect of failure to perform	635

Remedies of grantor for failure of company to perform conditions	637

Construction of conditions subsequentCompliance with condi tions 1166 When equity will interfere in case of a breach of conditions subsequent	642

Covenants running with the land 1168 Other covenants	646

Right of way over mineral landsReservation of right to mine	647

Use of land acquired for riglit of way purposes 1171 Title on abandonment of right of	648

Dedication of land to the use of railroad 1173 Dedication to railroadStatute of frauds 1174 Title by adverse possession	655

Adverse possessionLackingExtent of right acquired 1176 Adverse possession as against municipality	659

Rights of railroad company acquired by entry under license	660

When license is irrevocable	661

CHAPTER XXXVIII	670

Definition and nature of the eminent domain	671

Power inherent in statesExtent	676

Constitutional provisions and questions	678

Public use and necessityWho determines	680

Effect of legislative determinations of public use in first instance 1190 Public use and necessityWhat constitutes public	685

Public useGeneral rules and illustrations	686

Public use and necessity continued	688

Exercise of power by corporation exercising both public and private functions	689

Delegation of the power of eminent domain	690

Delegation of the power to railroad companiesExtent of	692

Limits of rule as to discretionWhat is reasonable necessity 1198 Company may be compelled to condemn	699

Construction of statutes granting right to condemn 1200 Right of foreign and consolidated companies to condemn	701

Exercise of the right by de facto corporations	703

Right to condemn where road is leased or in hands of a receiver	706

Purposes for which a railroad company may condemn generally	709

Right to condemn for road to private enterprise denied 1208 Condemnation of land for future useSecond appropriation	730

What may be appropriatedGenerally	731

Property of other corporations	734

VandamusGenerally	735

Vandamus to compel completion and operation of road	736

thority	737

Property of state or United States	738

Tide lands	740

Property devoted to another public	741

Franchises	748

Exclusive grants and franchises	749

Buildings on right of	751

Exempt property	752

Extent of taking	754

Taking additional property	757

Title or interest acquired	758

Reversion on abandonment	762

Width taken for right of	763

Taking right of way of another roadWhen not allowed	767

When such taking is allowed 1227 Crossing another road	773

Condemnation of right of way for other purposesHighways 1229 Condemnation of right of way for other purposesReservoir sites Drainage 1230 Co...	776

What constitutes a takingGenerally	778

No taking where no property right	782

What constitutes a takingIllustrative cases	784

Other illustrative cases	787

Property damaged or injuredConstitutional and statutory pro visions	793

Property damagedIllustrative cases	795

CHAPTER XXXIX	798

CompensationConstitutional right	799

Provisions of the federal constitutionFederal powers	800

Federal powerAbridgment of right of navigation	805

Constitutional right to compensation does not extend to general damages	806

Compensation must be made in moneyPrinciple not violated by deducting special benefits	808

The measure of compensation is a judicial question	809

Right to compensation not lost by conditional grant	810

Time at which compensation is computed	811

Time of payment of compensation	815

BenefitsGeneral survey of the subject	817

BenefitsThe different lines of decision 1251 BenefitsGeneral and special	822

Benefits confined to parcel or tract actually taken	823

Benefits from abandonment of an existing line across premises	824

Remote or conjectural damages can not be allowed	825

Remote sentimental or conjectural damages continued	826

Remote and speculative damagesPossibility of negligence in con struction or operation of road	827

Damages confined to particular tract	828

Injuries to part of tract or parcel of land not actually taken	831

Elements of value	832

Compensation for additional burden on right of	838

Measure of damagesIllustrative cases 1262 Matters to be considered in estimating damagesIllustrative in stances	846

Measure of damages for property of railroad company taken for other public useRailroad and street railroad crossings 1264 Measure of damages for ...	855

Measure of damages for property of railroad company taken for public useStreets and highways	857

Railroads and street railroads in streetsCompensation to abutters	859

Property secondarily liableBacklying property	957

Assessment of right of wayEnforcing assessment	958

Procedure	997

Autorska prava

Ostala izdanja - Prikaži sve

A Treatise on the Law of Railroads: Containing a Consideration of the ...
Byron Kosciusko Elliott,William Frederick Elliott
Potpun prikaz - 1921

Popularni odlomci

Stranica 15 - ... no civil suit shall be brought before either of said courts against any person by any original process or proceeding in any other district than that whereof he is an inhabitant, but where the jurisdiction is founded only on the fact that the action is between citizens of different states, suit shall be brought only in the district of the residence of either the plaintiff or the defendant...‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1798-1988 iznosi: 269

Stranica 378 - ... every alternate section of public land, designated by odd numbers, to the amount of five alternate sections per mile on each side of said railroad, on the line thereof, and within the limits of ten miles on each side of said road...‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2006 iznosi: 107

Stranica 78 - And when in any suit mentioned in this section there shall be a controversy which is wholly between citizens of different states, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the circuit court of the United States for the proper district.‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1870-1988 iznosi: 321

Stranica 223 - The words must not be narrowed to the exclusion of what the legislature intended to embrace ; but that intention must be gathered from the words, and they must be such as to leave no room for a reasonable doubt upon the subject.‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1866-2005 iznosi: 121

Stranica 96 - States for the proper district, at any time before the trial thereof, when it shall be made to appear to said circuit court that from prejudice or local influence he will not be able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause...‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1880-1983 iznosi: 92

Stranica 223 - It is a modification of the ancient .maxim, and amounts to this : that though penal laws are to be construed strictly, they are not to be construed so strictly as to defeat the obvious intention of the...‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1820-1999 iznosi: 214

Stranica 132 - The theory of our governments, State and National, is opposed to the deposit of unlimited power anywhere. The executive, the legislative, and the judicial branches of these governments are all of limited and defined powers. There are limitations on such power which grow out of the essential nature of all free governments. Implied reservations of individual rights, without which the social compact could not exist, and which are respected by all governments entitled to the name.‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1818-2007 iznosi: 155

Stranica 61 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1870-2007 iznosi: 681

Stranica 404 - States, which shall have filed with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of one hundred feet on each side of the central line of said road; also the right to take, from the public lands adjacent to the line of said road, material, earth, stone, and timber necessary for the construction of said railroad...‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1849-2006 iznosi: 266

Stranica 532 - ... where it may be gathered from the legislative enactment that the officers of the municipality were invested with power to decide whether the condition precedent has been complied with, their recital that it has been, made in the bonds issued by them and held by a bona fide purchaser, is conclusive of the fact, and binding upon the municipality ; for the recital is itself a decision of the fact by the appointed tribunal.‎

Broj knjiga u kojima se pojavljuje, u razdoblju 1870-1992 iznosi: 72

Bibliografski podaci

Naslov	A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Construction and Operation of Railroads; Together with Their Duties, Rights and Liabilities as ..., Opseg 2 Opseg 2 iz A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, William Frederick Elliot A Treatise on the Law of Railroads: Containing a Consideration of the Organization, Status and Powers of Railroad Corporations, and of the Rights and Liabilities Incident to the Location, Construction and Operation of Railroads; Together with Their Duties, Rights and Liabilities as Carriers, Including Both Street and Interurban Railways, William Frederick Elliott
Autori	Byron Kosciusko Elliott, William Frederick Elliott
Izdanje	3
Izdavač	Bobbs-Merrill Company, 1921

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