Cases On Public Service Companies Public Carriers Public Works And Other Publ

Cover Cases On Public Service Companies Public Carriers Public Works And Other Publ
Cases On Public Service Companies Public Carriers Public Works And Other Publ
Joseph Henry Beale
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The courts should take notice of the general depression in business prevailing in 1894.
3. Where capital (including labor) invested in the production of an}' article or commodity is comparatively unremunerativc, yielding but a small return, a rate for the transportation of such article or com- modit}' may be reasonable, although, if the cai-rier was required to do all his business, at rates fixed on a corresponding basis, such rates would be unreasonable, to the extent of being confiscator}'. T
...his is but an enlarged application of a principle already suggested. It is a principle upon which railroads themselves act every day in fixing rates, recognizing as they do that rates are largely dependent upon compe- tition among producers or shippers. Of course, this proposition has its limitations, but it is unnecessarv to discuss them here. The courts, I think, should take notice of the small profit in raising grain in Min- nesota in and about 1894, owing to the comparatively low prices then prevailing.

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