The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190Riggs, Henry Earle
General
The Valuation of Public Service Corporation Property: Transactions of the American Society of Civil Engineers,; vol. LXXII, June, 1911, ASCE 1190
"The public cannot properly be subjected to unreasonable rates in order
simply that stockholders may earn dividends. The legislature has the
authority in every case, where its power has not been restrained by
contract, to proceed upon the ground that the public may not rightfully
be required to submit to unreasonable exactions for the use of a public
highway established and maintained under legislative authority." (164 U.
S., 578.)
"It is not to be inferred that the power of limitation or regulation is
itself without limit. This power to regulate is not a power to destroy,
and limitation is not the equivalent of confiscation. Under pretense of
regulating fares and freights the State cannot require a railroad
corporation to carry persons or property without reward, neither can it
do that which in law amounts to the taking of private property for
public use without just compensation. * * *" (116 U. S., 307.)
In the case of Smyth _vs._ Ames (169 U. S., 466), the Court said:
"If a railroad corporation has bonded its property for an amount that
exceeds its fair value, or if its capitalization is largely fictitious,
it may not impose upon the public the burden of such increased rates as
may be required for the purpose of realizing profits upon such excessive
valuation or fictitious capitalizations; and the apparent value of the
property and franchises used by the corporations, as represented by its
stocks, bonds and obligations, is not alone to be considered when
determining the rates that may reasonably be charged. * * *
"We hold, however, that the basis of all calculations as to the
reasonableness of rates to be charged by a corporation maintaining a
highway under legislative sanction must be the fair value of the
property being used by it for the convenience of the public.
* * * * *
"What the company is entitled to ask is a fair return upon the value of
that which it employs for the public convenience. On the other hand,
what the public is entitled to demand is that no more be exacted from it
for the use of a public highway than the services rendered by it are
reasonably worth."
The relations between the corporations and the public that they serve
have been clearly defined by the Courts, as the foregoing quotations
show.
Public-domain text, read in full here on John Shaqi.
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