§ 4386. — Conflict of jurisdiction as between public service commission and municipality. § 4387.- Compelling corporation to fulfill its duties or comply with order of commission. § 4388. Classification of regulations by commissions. § 4389. Reports to commission. § 4390. Procedure before commission. V. REGULATIONS AS VIOLATIONS OF FEDERAL CONSTITUTION § 4391. In general. § 4392. Interference with interstate commerce-In general. § 4393. Illustrations of rules. § 4394. Impairment of contract-In general. $4395. Power to revoke or burden franchises. $4396.-Power to revoke exclusive franchise. § 4397. Due process of law-In general. $4398. $4399. § 4400. $4401. Unreasonable regulations. Penalties and forfeitures. Requiring performance of services without compensation. $4402. Notice to corporation as essential to due process. § 4403. Denial of equal protection of the laws-In general. $4404.Regulations applicable only to corporations. § 4405. § 4406. Regulations applicable only to certain class of corporations. Regulations applicable only to certain corporations of a particular class. $4407. - Regulations of common carriers. § 4408. § 4409. § 4410. $4411. $ 4412. Regulations of railroad companies. Regulations of mining companies. $4413. - Regulations of building and loan associations. $4414.-Excluding receivers of corporations. $4415. - Regulations as to remedies, procedure or punishment. § 4416. Regulations prohibiting the granting of special privileges or immunities. VI. PARTICULAR REGULATIONS OTHER THAN THOSE RELATING TO RATES § 4417. General considerations. $4418. Requiring certificate of public convenience and necessity. § 4419. Requiring consent of board or commission to issuance of stock or securities by public service corporation. § 4420. Requiring consent of commission to transfer of property of public service corporation or consolidation of corporations. § 4421. "Blue Sky" laws. $4422. Regulations forbidding discriminations. § 4423. Regulations to prevent corporations withdrawing, wholly or in part, from public service. $4424. Requiring extensions of service. $4425. Regulations imposing penalties-In general. VI Priv. Corp.-21 § 4426. - Regulations imposing penalty for failure of company to pay claim. § 4433. § 4434. § 4435. - Fee as rental for use of streets. Where right to use streets has been granted by federal government or by state. - Reasonableness of amount of license. Application of rules to particular corporations. § 4436. Regulations of railroad companies-In general. § 4437. - Requiring extension of line. § 4438. — Requiring operation of road or of trains. Requiring stopping of trains at stations. § 4439. § 4440. § 4441. § 4442. § 4443. § 4444. § 4445. § 4446. - Regulations as to depots. Regulating running time of trains. - Requiring construction of spur tracks. - Regulations as to grade crossings. Regulating rate of speed. § 4447. — Prohibiting obstruction of streets. § 4450. Requiring fencing of tracks and building of cattle guards. § 4451. - Regulations as to sleeping car service. § 4452. Regulations of street railroad companies. § 4453. Regulations of telegraph, telephone and electric light companies-In A. Right to Regulate and General Considerations § 4464. Nature of business as test of power to regulate-In general. -Power to regulate not dependent upon monopolistic character of business or upon grant of special privilege. - Power to regulate not confined to regulation of corporations. § 4467. Power to regulate not affected by failure to exercise power for long time. § 4468. Power to require and regulate street car transfers. § 4469. Power as extending to increasing as well as reducing rates. $4470. Particular companies whose rates may be regulated. $4471. Rates of municipal plants. 84472. Fixing rates by contract as distinguished from "regulation" of rates independently of agreement-In general. § 4473. § 4474. Power of municipality to "contract" as to rates. Company as precluded from denying power to contract or reasonableness of rates. 84475. Penalties for violation of rate laws. § 4476. Right to recover back rates paid in excess of rate fixed. 84477. United States. § 4478. State. B. Who May Regulate Rates 4479. Public service commission. § 4480. Municipal corporation-In general. 84481.-Express power. $4482. Particular delegations of power. § 4483. — Regulating rates outside municipality. § 4484. Courts. C. Regulation of Rates as Violating Constitutional Provisions § 4485. Interference with interstate commerce. § 4486. Due process of law. § 4487. Denial of equal protection of the laws. § 4488. Impairment of obligation of contract-In general. § 4489. As dependent upon power of state to make contract as to rates. $4490. As dependent upon power of municipality to make contract as to rates. § 4491. — Effect of reservation of right to regulate rates. § 4492. — Charter itself as contract precluding subsequent regulation of rates. § 4493. — Franchise as constituting an actual contract as to rates. § 4494. — Power of municipality to change rate as distinguished from power of state. § 4495. — Right of corporation or commission to increase rates. § 4496. — Regulations as impairing contracts between corporation and third $4497. person. - Waiver or abandonment of contract rights. D. Discrimination in Rates § 4498. General considerations. § 4499. Rule as applicable to municipal plants. $4500. Rate as discriminatory although reasonable. $4501. Different rates in different parts of territory served. § 4504. Rebates. $4505. Long and short hauls. $4506. Free or reduced rates for particular passengers-In general. § 4511. § 4512. § 4513. Reduced rates for school children or those under certain age. Requiring reduced or free transportation for soldiers, police officers, detectives, etc. Forbidding issuance of free passes. § 4514. Prohibiting corporation from collecting less than rates fixed. § 4515. Statutes forbidding discrimination as retroactive. § 4516. Power of state to abrogate discriminatory contract made by public service company. E. Reasonableness of Rates Fixed by Law § 4517. General rules. § 4518. Matters to be considered. § 4519. Effect of incorporation after enactment of rate regulation. § 4520. Nature of company as important. § 4521. Reasonableness of freight rates on particular commodities. § 4522. Reasonableness from viewpoint of patron or consumer-In general. § 4523. § 4524. § 4525. Statement of rule. Circumstances justifying rate producing no profit or very small profit. § 4526. Reasonableness of return as a whole. § 4527. Reasonableness as affected by comparison with rates of other companies or in other localities. $4528. Probable increase of business from decrease in rates. § 4529. Methods of valuation in general. § 4530. Original cost as test. § 4531. Present value as test-General rule. § 4538. § 4539. § 4540. Earnings added to capital account. § 4541.Deduction for depreciation. § 4542.Value of property employed in intrastate as distinguished from inter state business. § 4543. Cost of reproduction as test-In general. § 4544. § 4545. Cost of next available substitutional system. § 4546. Operating expenses-In general. 8 4549. General considerations. § 4550. Procedure relating to enactment of regulation. § 4554. - Power of commission to compel production of books and papers for § 4557. Review by courts in general-Statement of questions involved. § 4564. Who may attack. $4565. Particular methods of review-In general. $4566. § 4568. $4569. $4570. - Injunction suits. - Certiorari. Writ of prohibition. § 4571.-Remedies to enforce orders. § 4572. Proceedings maintainable by individual consumer or patron. § 4573. Judgment as res judicata. I. GENERAL CONSIDERATIONS 84356. Scope of chapter. Governmental regulation of corporations is a very broad subject. Embraced therein is not only a vast amount of constitutional law, including much of the law relating to due process, equal protection of the laws, and impairment of contracts, as affecting the police power, but also a considerable portion of the law relating to interstate commerce. Not only this, but much of the law specially applicable to particular corporations, such as railroad, street railroad, gas, electric light, water, telegraph, telephone, etc., corporations is embraced therein. In addition, the question of rate regulation has assumed vast importance in recent years resulting in a mass of decisions not only by the courts but also by the Interstate Commerce Commission and the various state public service com missions. How much of this law is peculiarly applicable to corporations and how far it is advisable or possible to treat all these questions in this work has been a perplexing question. That it is impossible, in the space allowed, to go into details and cite all the decisions bearing on each of these questions, involving directly or indirectly a corporation, is self-evident. To do so would require a separate treatise on interstate commerce, constitutional law, rail roads, carriers, rate regulations, etc. At the same time, in order to |