TABLE OF CONTENTS

BOOK I

JURISDICTION OF THE COMMISSION

CHAPTER I

HISTORICAL INTRODUCTION

§ 1. Public callings and private business.

Topic A. The Early Policy of Regulation

§ 2. The medieval theory of State control.

3. The regulation of business in the middle ages.

4. Early differentiation of the public service law.

5. The history of the carrier.

6. The position of the wharfinger.

7. Continuance of State regulation.

8. Parliamentary regulation of rates.

9. Restriction of prices in the colonies.

10. Persistence of the legislative power.

11. Survival of the common law.

Topic B. Persistence of State Regulation

§ 12. Introduction of improved highways.

13. The building of turnpikes.

14. The era of canal construction.

15. The coming of the railways.

16. Transportation facilities as a class.

17. Alteration in economic conditions.

18. Development in the common law.

19. Special restrictions in early charters.

20. The struggle against encroaching monopoly.

21. Conservative and radical views of regulation.

Topic C. State Control of Public Utilities

§ 22. The public services of the present day.

23. The effect of natural monopoly.

24. Difficulty of distribution as a factor.

25. Scarcity of advantageous sites.

26. Limitation of available time.

1

§ 27. The public services a necessity.

28. Economic limitations create public employment.

29. Cost of the plant.

30. Service on a large scale.

31. Legal privileges accompanying public employment.

Topic D. Modern Regulation of Public Services

§ 32. Necessary regulation of virtual monopoly.

33. Economic conditions at the present time.

34. Control of the public services.

35. Differentiation of the public service law.

36. Unity of the public service law.

37. The modern programme of State control.

38. Overshadowing importance of rate regulation.

39. Present state of the public service law.

40. Ultimate limitations upon public employment.

41. State control not socialism.

CHAPTER II

STATUTORY REGULATION

§ 50. Provisions of the Act.

51. Development of legislative control.

Topic A. Course of Legislation in England

§ 52. Carriers' liability before 1830.

53. The Carriers' Act of 1830.

54. The Railway and Canal Traffic Act of 1854.

55. The Railway and Canal Commission.

56. Scope of its powers.

57. Increase by later amendments.

58. Influence of English legislation.

59. Authority of English decisions.

Topic B. Regulations in the States

§ 60. The Granger rate legislation.

61. Railroad commissions of former times.

62. Additions to their powers.

63. The modern public service commissions.

64. The spread of the movement.

65. Extent of their supervision.

66. Regulation of rates.

67. Adequacy of service.

68. Keeping of accounts.

69. Issue of securities.

Topic C. The Establishment of the Federal Commission

§ 70. The Interstate Commerce Act of 1887.

71. Scope of the original provisions.

72. The immediate amendments found necessary.

73. The Elkins Act of 1903.

74. The long and short haul clause.

75. Limited jurisdiction over rates.

76. Lack of power over through rates.

77. The demand for radical changes.

Topic D. The Strengthening of the Commission

§ 78. The Hepburn Act of 1906.

79. Effect of these Amendments.

80. Occasion for the Act.

81. Installation of private switches.

82. Regulation of private facilities.

83. Power to fix maximum rates.

84. Ordering through routes and rates.

85. The problem of the industrial railways.

Topic E. The Elaboration of its Powers

§86. The Mann Act of 1910.

87. The new long and short haul clause.

88. Establishment of through routes.

89. Suspension of rate advances.

90. The Hadley Commission.

91. The Commerce Court.

92. The Panama Act.

93. The Valuation Act.

Topic F. Recent Decisions Defining Jurisdiction

§ 94. The Abilene Oil case.

95. The Proctor Gamble case.

96. The Williamette Valley case.

97. The Lemon Rates case.

98. The Baltimore & Ohio Southwestern case.

99. The Minnesota rate case.

100. The Shreveport case.

101. The Intermountain case.

102. The Pipe Line case.

103. Inherent limitations upon commission action.

CHAPTER III

FEDERAL JURISDICTION

§ 110. Provisions of the Act.

111. Scope of power conferred.

§ 112. Foreign carriers.

113. Ocean carriers.

Topic A. Foreign Commerce

114. Foreign carriers and discriminations.

115. Inland portion of foreign commerce.

116. Requisites of port proportionals.

117. Export and import rates.

118. Import rates may be regulated by competition.

119. Export rates regulated by competition.

120. Foreign competition justifies only necessary differences.

121. Limitations upon export and import rates.

Topic B. Interstate Commerce

§ 122. What are considered States?

123. What constitutes commerce between the States?

124. Traffic in movement between States.

125. Termini within a single State routed through another State.

126. Carriage wholly within a State.

127. Local carriage when through transportation contemplated.

128. Beginning and ending of interstate transit.

129. Precedent and subsequent transportation.

130. Power to fix rates under the Constitution.

131. Extent of the Federal jurisdiction.

Topic C. Continuous Carriage under Common Control

§ 132. Existence of common arrangement.

133. Continuity of interstate shipment.

134. Relations with water lines.

135. What constitutes continuous carriage?

136. Local carrier participating in through carriage.

137. Intrastate part of interstate movement.

138. Line of the distinction.

139. Device to break through shipment.

140. Publishing of proportional rates.

141. Transit privileges under through arrangements.

Topic D. Conflict between Federal and State Jurisdiction

§ 142. Power of Congress to regulate.

143. Effect of action by Congress.

144. Jurisdiction of State and nation.

145. Division of jurisdiction normally.

146. Application of regulating statutes.

147. Respective powers over service.

148. Legislation relating to facilities.

149. State legislation burdening interstate commerce.

150. Exercise of the Federal supervision.

151. Scope for State police power.