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Articles 91 - 120 of 120
Full-Text Articles in Energy and Utilities Law
The Indeterminate Permit For Public Utilities, E. Blythe Stason
The Indeterminate Permit For Public Utilities, E. Blythe Stason
Michigan Law Review
Public utilities possess the privilege of furnishing services to the public and most of them use the streets, highways and public places to deliver their services to their customers. Franchises are required to confer the privilege of serving and to authorize the use of public property. Franchises were formerly perpetual; more recently they have been limited to short terms of years; and now we are acquiring still another variety-the indeterminate permit. The last deserves more than a casual acquaintanceship. In fact, it demands close scrutiny. Rightly conceived, it is a device of decided promise. Conceived in unfairness, partiality or ignorance, …
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Public Utilities -Statutory Review By The State Supreme Court Of A Decision By The Commission
Michigan Law Review
Fifteen states in enacting public utility laws creating public utility commissions, have provided for an appeal on review of commission decisions, by the supreme court of the state. Other states provide for review by lower state courts with a subsequent appeal therefrom to the supreme court. No doubt, the direct appeal goes hand in hand with the more expeditious legal procedure exemplified by the creation of such administrative tribunals. In most states, including eight of the above fifteen, the constitutions provide that the jurisdiction of the supreme courts shall be appellate only, except for a few prerogative writs of original …
Public Utilities-Power Of Commission To Change Rate Paid By Private User Under Special Contract With The Utility
Michigan Law Review
Within the last decade the right of the state to change the rates of a public utility, as fixed by contract, has been presented to the courts numerous times. An examination of the cases on the subject shows that much of the law has now become settled.
Public Utilities-Policy As To Competition Between Utilities
Public Utilities-Policy As To Competition Between Utilities
Michigan Law Review
The older view held that the public would be most benefitted by stimulating a vigorous competition among all occupations, including public utilities. An example of such cut-throat competition is to be seen in United Railroads of San Francisco v. City and County of San Francisco, 249 U. S. 517, 39 S. Ct. 361. There, a street railway which had been operating for forty years was paralleled by a municipal railway, though the volume of business did not warrant such a duplication. Another striking example is discussed in Niagara Gorge R. Co. v. Gaiser, 109 Misc. Rep. 38, 178 …
Going Value, William W. Potter
Going Value, William W. Potter
Michigan Law Review
It has been said that the law defining "Going Value" and prescribing the method of proving its existence, in any particular public utility rate case, is still in a formative stage,--which implies that though there is an undefined something which constitutes the basis of going value, on account of its elusive and intangible nature, no one has a clearly defined idea of what it is, whence it originates, or how it may be proved and established.
Pseudo-Protection Of The Property In Rate Cases
Pseudo-Protection Of The Property In Rate Cases
Michigan Law Review
It is clear that in ascertaining the present value we are not limited to the consideration of the actual investment. If that has been reckless or improvident, losses may be sustained which the community does not underwrite. As the company may not be protected in its actual investment, if the value of its property be plainly less, so the making of a just return for the use of the property involves the recognition of its fair value if it be more than its cost. The property is held in private ownership, and it is that property, and not the original …
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Distinction Between Governmental And Proprietary Functions Of Municipal Corporations, Delmar W. Doddridge
Michigan Law Review
There are many places in the law where the making of a distinction has resulted in a difficulty in application that has greatly increased litigation, but there are few places where this is more true than in the distinction made between the governmental and the proprietary functions of municipal corporations. The distinction has taken a firm grip upon the law of municipal corporations and seems well settled, although its propriety as applied to particular subjects may be doubted. The terminology of the distinction is in itself productive of doubt, the function or duty in the one branch being denominated "governmental", …
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
The Principle Of Reparation Applied To Rate Regulation, A. H. Ryall
Michigan Law Review
Those instruments of service, commonly called "Public Utilities", have become an essential part of our every day life, if not of our civilization. It is not until we enumerate their uses that we fully appreciate our constant dependence upon them.
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
Such being the decisions, we turn to the practical working of the theories that have been applied. The law is a practical subject. Even in so sacred a matter as protection of property, rules of law should regard the practical results of any theory. A theory that works badly, presumptively at least, is defective, and may be wrong. The guaranties of the Constitution were made for man, not man for the guaranties, and a conception of property that does not work out for the advantage of man may raise a query whether the Constitution demands that conception. It was that …
Fair Value Of Public Utilities, Edwin C. Goddard
Fair Value Of Public Utilities, Edwin C. Goddard
Michigan Law Review
It has been often remarked that the property of a public utility is privately owned, and it was not until recent years that its owners ceased to insist that they had all the rights of a private owner in the use and enjoyment of the property. Munn v. Illinois was a rude jar, but it has withstood the storm it aroused, at least to the extent that it is no longer questioned that property devoted to a public use is subject to public regulation, especially as to the charges that may be made to the public for the use. During …
Public Utility Valuation
Michigan Law Review
It has been so often remarked that the "valuation" of public utilities is determined by no rule of thumb, that there are no fixed rules or formulas to guide courts or commissions, that determination of value as a rate base is matter of judgment and discretion in each case, Minnesota Rate Cases, 230 U. S. 352, 434, that the statement has come to be believed by reason in part of its much repetition. It is usually accepted as axiomatic. The glorious uncertainty resulting from such an admission will continue so long as judgments of one man or set of …
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Railway Valuation In Condemnation Proceedings--Relation To Rate Making
Michigan Law Review
ln England the reproduction cost of a railroad is disregarded in fixing the price which a government must pay on taking over the property. Grand Trunk Ry. v. The King [1923] A. C. 150, which affirmed the decision of two out of three arbitrators that the preferred and common stockholders should get nothing, inasmuch as the earning capacity of the railroad gave them no value, and the "reproduction" or "reconstruction'' or "replacement" value of the railroad was immaterial. Mr. Taft, now Chief Justice of the Supreme Court of the United States, was one of the arbitrators and dissented. The opinions …
Is A Municipal Fuel-Yard A "Public Service Plant"?
Is A Municipal Fuel-Yard A "Public Service Plant"?
Michigan Law Review
In Consumers Coal Co. et al. v. City of Lincoln, et al. (Neb. 1922) 18g N. W. 643, the supreme court of Nebraska held that a municipal fuel-yard, selling fuel at retail to the inhabitants of the city, was not a "public service plant" authorized by a section of the city charter which empowered the city to acquire, own and operate gas and electric plants, street railways, telephone plants, "and any and all other public service plants and properties, for the purpose of supplying the city and the inhabitants thereof with such service and public utilities.'' The suit was …
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Labor And The Law In The Public Utility Field, George Jarvis Thompson
Michigan Law Review
To the cynical this title may suggest a rhetorical antithesis, and the average citizen cannot but be a bit cynical as a result of his observation and experience of the actuality of the failure of the law to function for the preservation of the continuity of these essential public services in the frequently recurring outbreaks between organized capital and organized labor. In a great measure, he has only himself to blame for this unfortunate condition. He lent ear to the vote-seeking politician and to the propaganda of the interested parties, taking sides with one or the other without thought of …
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Book Reviews, Edwin C. Goddard, Edwin D. Dickinson
Michigan Law Review
The plight of the public utilities following the World War has been shouted in a babel of demands for increased rates from one and all. The public has turned a doubting or hostile ear to these demands, and the utilities have overwhelmed the utility commissions with a vast mass of evidence to prove their case. None seem to have been harder hit than the electric railways. Some have ceased to operate, automobiles have already made deep cuts in their revenues, and there are not wanting those who predict that the electric railways, operating on fixed tracks, are already out of …
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Note And Comment, Edwin C. Goddard, Edson R. Sunderland, George D. Clapperton, Herman A. August
Michigan Law Review
Public Utility Valuations and Rates - In comparing the reports of the public utility commissions with the decisions of the courts on questions of valuation of public utilities, nothing is more striking than this-that as time goes on the commissions are growingly impatient of the cost of reproduction theory, while the courts still insist there is no inflexible method of fixing value, but continue to prefer largely figures as to supposed reproduction cost. This attitude of the commissions is remarkable in view of the fact that every finding may be carried to the courts for review and possible reversal. The …
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Actos of Bankruptcy--Partnership Preferences; Bankruptcy--constitutional Protection Afforded by the Fourth and Fifth Amendments to the Constitution; Bankruptcy--Interest--When Payable After Date of Filing Petition and up to date of Payment; Banks and Banking--Payment of Check to Wrong Person--Estoppel; Bills and Notes--Construction of Instrument--Negotiable Notes; bills and Notes--Indorsers--Notice of Dishonor by Telephone--Sufficiency; constitutional Law--Due Process of Law--Criminal Insane; electricity--Interfering Currents; Equity--Injunction Against Unfair Competition; Fishery--In Gross or Appurtenant; Homestead--Abandonment--Removal From State; Insanity--Court Cannot Interfere if Defendant has Refused to Set it up as a Defense at the Trial; Insurance--Foreign Insurance Companies--Liability on Losses Occurring After Dissolution; Libel and Slander--Qualified Privilege--Priest and Congregation; …
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Attorney and Client--Application for License--Power of Court; Bills and Notes--Accommodation Maker--Evidence Excluded to Change Liability; Carriers--Conclusiveness of Ticket Between Conductor and Passenger; Constitutional Law--Police Power--Equal Protection of Laws--"Public Dancing Academy"; Copyrights--Infringement--Musical Composition; Damages--Breach of Contract; Damages--Excessive; Deeds--Grantee a Deceased Person; Divorce--Enforcement of Order Allowing Alimony Pendente Lite; Equity--Injunction--Right of a Fraternal Order to Prevent Infringement of Its Name; Equity--Specific Performance--Contract Not Enforceable as a Whole; Evidence--Limitation of Number of Witnesses--When Reversible Error; Executors and Administrators--Liability for Funeral Expenses; Gas Companies--Right to Withdraw from Municipality; Husband and Wife--Community or Separate Property--Presumption; Husband and Wife--right to Separate Maintenance--Consideration; Landlord and Tenant--Breach of …
Some Questions In Connection With State Rate Regulation, Guy A. Miller
Some Questions In Connection With State Rate Regulation, Guy A. Miller
Michigan Law Review
There are probably few questions of greater interest, both present and future, than those which concern the relations between corporations performing the so-called public services on the one hand, and their immediate patrons and the general public on the other. These questions relate to the quality and safety of the services rendered, to the rights of all members of the public to receive service without discrimination, and to the charges which may be exacted for those services. To a great extent they involve matters of public policy and economics, rather than those which are strictly legal in nature, while even …
Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey
Note And Comment, Edward S. Rogers, Horace Lafayette Wilgus, Edward A. Macdonald, Floyd Olds, J. Fred Bingham, Michael F. Shannon, Sidney F. Duffey
Michigan Law Review
The Doctrine of Unfair Trade; Valuing Property and Franchises of Public Service Corporations for Fixing Rates; Right of the Interstate Commerce Commission to Adduce Testimony; Rule in Shelley's Case controls Estate Created by Deed to Trustee; The Right of the Garnishee to Dispose of Goods in His Possession While the Litigation is Pending; The Police Power, Billboards and Sky Signs; How Far the Record of Voting Machines is Conclusive;
Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner
Note And Comment, Harry B. Hutchins, Frank L. Sage, Ralph W. Aigler, T. Harry Slusser, George Gardner
Michigan Law Review
American Bar Association Meeting; Disbarment or Suspension of Attorney; Is the Property Owner Negligent if He Fails to Exercise Reasonable Care to Prevent an Injury to An Infant Trespasser?; Liability of Water companies for Losses by Fire; Evidence in Deportation Proceedings Under the Act of congress of May 5th, 1892; Duty of a Bank to a Surety to Apply Funds of a Principal Debtor to Satisfy a Debt Due the Bank;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Bankruptcy--Action by Trustee--Right of Set-Off; Bills and Notes--forged Check--Payment--Recovery Back; Boundaries--Artificial Bodies of Water; Carriers--who are Passengers--Fraud in Securing Carriage; Corporations--Exclusive Privileges--Statutory Construction; Corporations--Penal Offense--Construction of Statute; Costs--change of Venue--Liability of County; Criminal law--Proximate Cause--Deposit of Obscene Matter in the Mail; Damages--Status of Dead Bodies--Mutilation--Mental Suffering; Easements--Adverse Possession--Color of Title; Eminent Domain--Telephone Poles in Highway--No Additional Burden; Equity--Injunction Against Prosecution; Evidence--Aliens--Burden of Proof in Deportation Proceedings; False Imprisonment--Joinder of Causes of Action; Garnishment--Liability of Executor; Homestead--alienation by Widow--Abandonment--Limitation of Actions; Insurance--Interest of Owner in Property--Sole and Unconditional Owner; Insurance--Sale of One Company to Another--rights of Policy-Holders and Agents of the …
Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates
Note And Comment, James H. Brewster, Frank L. Sage, Harry B. Hutchins, Frank L. Sage, Henry M. Bates, Henry M. Bates
Michigan Law Review
A Spurious Law Course; Railroad Taxation in Michigan and Wisconsin; Surgical Operation on Minor Without Consent of Parent; The Power of Municipal Corporations to Grant Exclusive Privileges; Inheritance Taxes and the Right to Transfer and Inherit Property; The Sovereign Power of a State to Prevent Election Frauds; Original Jurisdiction of Supreme Court in Election Cases;
Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman
Note And Comment, Frank L. Sage, Edson R. Sunderland, Don G. Eggerman
Michigan Law Review
Is a Divorce Granted Where One Only of the Parties is domiciled Entitled to Full Faith and Credit?; Laibiltiy of Water Companies for Fire Losses; Diversion of Subterranean Percolating Waters; Women as Notaries Public;
Recent Important Decisions, Michigan Law Review
Recent Important Decisions, Michigan Law Review
Michigan Law Review
Acknowledgement--Use of "He" Instead of "They"; Adverse Possession--Easement--License--Legal Maxim; Attachment--Conflict of Jurisdictoin--State and Federal Courts; Bills and Notes--Negotiability of Overdue Note; Bills and Notes--Presentment; Common Carriers--Fellow Servant Rule--Departmental Doctrine; Conspiracy--Recovery Against One Alone; Constitutional Law--County Taxes--Statutory Limitation--Impairment of Contracts; Constitutional Law--Search And Seizure--Due Process of Law; Constitutional Law--Sunday Law--Obligatory on Hebrews; Contracts to make a Particular Disposition of Property at Death--Specific Performance; Corporations--Banks and Banking--Negligence of Directors--Liability for Deceit--Liability to Creditors; Corporations--Issue of Convertible Bonds--Increase of Capital Stock--Preemptive Right of Stockholders; Covenants--Technical and Substantial Breach; Deeds--Condition Subsequent--Agreement to Support; Divorce--Alimony--Decree--Monion to Vacate; Dower--Rights of Divorced Wife; Eminent Domain--Telephone Poles in …