The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood, 1912 - 805 sider
 

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Innhold

What is commerce
12
What is not commerce
15
Insurance and commerce
16
What are the subjects of commerce
17
Wild game and fish as subjects of commerce
20
Natural oil and gas as subjects of commerce
22
The commerce clause and the admiralty jurisdiction
23
Erie Canal subject to admiralty jurisdiction
25
Jurisdiction of federal courts in admiralty cases
26
When transit ends the original package in Interstate com merce
30
The Wilson Bill of 1890
32
Limitations of state control of liquor traffic
33
A state cannot tax Interstate commerce
34
But a state can tax the property employed in Interstate com merce
35
State power of taxation of corporations engaged in interstate commerce summarized
37
THE CONCURRENT AND EXCLUSIVE POWERS J 23 The concurrent and exclusive powers distinguished
38
The concurrent state power
40
The state power as to interstate telegraph companies
41
lic
44
State laws concerning separation of races 1b interstate traffic
45
Limitation of state power in stoppage of through trains
46
State regulation of contractual relations of interstate rail road and shippers
48
State regulation under rules of common law In state courts
49
The concurrent jurisdiction in live stock inspection laws
50
SC State quarantine laws
53
Freedom of interstate commerce
54
Congressional inaction in foreign and interstate commerce distinguished
57
Attachment of foreign railroad cars
58
Rulings of the state courts on the commerce clause
59
CHAPTER III
63
The railroad act of 1866
64
The state control of local business of interstate railroads
66
State regulation of railways in the United States
67
Governmental regulation of railways in England
68
The common law in interstate commerce
69
Federal and state courts in the federal regulation of inter state commerce
71
Federal cause of action in the state courts
74
Genesis of the Interstate Commerce Act
75
Passage of the Interstate Commerce Act
76
Successive amendments of the Interstate Commerce Act
77
Enlarged powers and jurisdiction of the Interstate Com merce Commission
81
The commerce court
86
Regulation of telegraph and telephone companies
89
The release of the federal regulating power
91
Regulation by the delegation of power
92
Additional acts of congress in the regulation of commerce
94
The Department of Labor and Commerce
97
THE FEDERAL POWER OF REGULATION IN INTERSTATE COMMERCE 60 No judicial formulation of extent of power
100
The supremacy of federal regulation
101
Federal regulation of employes performing both intrastate and interstate service
102
The federal regulating power and state corporations
103
Limitations upon the federal authority in interstate com merce
105
Prohibition as a means of regulation
106
Regulation of commerce through the taxing power
107
The federal power of granting corporate charters
108
Federal incorporation as a means in the exercise of the com merce power
110
Relation of the states to federal corporations
111
The requirement of federal franchise for business corpora tions in interstate commerce
113
The development of the latent federal power in the regula tion of commerce
115
CHAPTER V
116
BUSINESS COMBINATIONS IN INTERSTATE COMMERCE 72 The demand for federal regulation of business combinations
117
The AntiTrust Act of 1890
119
Restraint of trade in interstate commerce under the common law
120
Constitutionality of the act
121
Railroads included tn the act
122
A reasonable construction and reasonable restraints of trade distinguished
123
Direct and incidental restraint of trade
125
Suppression of competition must be substantial to be a re straint of trade
128
The modern law of restraint of trade
129
Illegal combinations in interstate commerce
130
Complete suppression of competition not essential
131
Monopoly within the meaning of tbe act
132
No application to commerce within a state
134
State holding companies
135
Restrictive sales in interstate commerce
137
The labor legislation of congress
142
CHAPTER VII
171
Temporary injunction under act of 1910
186
Reasonableness and confiscation in regulation of rates
187
State rates determined without reference to interstate traffic
189
The supreme court on state regulation
190
Schedules of rates and special rates
191
The valuation of railroad property in state regulation
193
The apportionment of railroad property in state regulation
195
Confiscation in state regulation how proved
196
Rate of profit necessary to avoid charge of confiscation
199
Protection of the carrier against discriminating state regu lation
200
The state power of regulation not limited to rates
202
The state antitrust laws arid the fourteenth amendment
205
Classification in state railroad legislation
207
PART II
211
Section 1 of the Act of 1887
212
Section 1 as amended by Act of June 18 1910
213
Amendments to the section
217
All of interstate commerce not included
218
Parties subject to the act
220
Express companies under the act
222
Sleeping car companies
223
Under common control management or arrangement for a continuous carriage
224
Transportation through a state
226
Interstate electric railroads
227
Receivers lessees and purchasers pendente lite
228
Place of incorporation of carrier immaterial
230
All instrumentalities of shipment or carriage
231
Commerce court on terminal facilities and plant facilities
233
Bulk grain storage as part of transportation
234
The amendments of section as to accessory charges
235
Refrigeration in transit
238
Private cars
240
Prohibition of passes
241
The commodities clause
242
Switch connections
244
The establishment of through routes
246
Practical difficulties in the enforcement of reasonableness in rates
247
Standard of reasonableness under state statutes
249
The power of the commission in fixing rates
250
No power in the courts to fix rates
251
The federal courts on reasonableness of railroad rates
252
The value of railroad property as a basis for rate regulation
254
The unearned increment in valuation of railroad property in rate regulation
255
The relation of railroad rate to investment of earnings in property
256
Consideration of reasonableness in the courts
257
Rulings of the commission upon the reasonableness of rates
258
Limitation of the commissions power in fixing rates
259
Presumptions of reasonableness from established rates
260
Burden of proof
261
What is a reasonable rate
262
Res judicata with respect to rates
263
Through rates and local rates
264
Reasonableness in commutation rates
265
Relation of interstate to state rates
266
Rates as affected by development of country
267
The commerce court on interdependence of rates
268
Reasonableness of rates as dependent on character of traffic
269
Distance as a factor in rates
270
The commission on comparison of rates
271
Reasonableness and proportion
273
The commission on rate wars and reasonableness of rates
274
Section 2
275
Origin of the section
276
Purpose of the section
277
Effectiveness of the section The Act of February 19 1903
278
Common law as to discriminations
279
Just and unjust discrimination at common law
281
Discrimination in charge based upon differences in service not discriminative
284
Circumstances and conditions of through traffic and local traffic are dissimilar
285
Section 4 of the act 697
286
The party rate case
287
Wholesale rates in freight and passenger traffic distin guished
289
Discrimination not unjust when based on special service
290
Carload and less than carload rates
291
Discrimination in application of carload rates
292
The supreme court on forwarding agents in carload rates
293
Discrimination in carload rates
294
Different forms of discrimination
295
Discrimination in restricted rates
296
Discrimination through industrial tap lines and plant fa cilities
297
Discrimination through interest in connecting company
299
Discrimination in storage of goods etc
301
Stoppage in transit privileges
302
f J27 Section 3 Undue or unreasonable preference or advantage forbidden
313
Origin of the section
314
Relation to sections 1 and 2
315
Preferences of localities enforced by competition are not unjust
316
Application of the competition rule
318
port and export rates not unjust preference
320
Milling in transit and export trade
322
Competition created by carriers
323
The basing point system not illegal
324
Basing points not exempt from regulating power of com mission
325
Grouping of rates
326
Qualifications in the application of the competition rule
329
Recognition of natural advantages of localities not an un just preference
331
Competing cities on opposite banks of rivers
332
Differentials between competitive cities
333
Preference in demurrage charges
335
Different forms of undue preference
336
Undue preference in allowance for grain elevator service
337
Undue preference in wharfage rights
339
Undue preference in management of freight stations and warehouses
340
Undue preference in car service
341
The commissions regulations of coal car service sustained
343
Discrimination by carrier in its own favor
346
Demurrage and other charges on privately owned cars
348
Exclusive use of excursion or sleeping cars of one owner
349
Stoppage in transit privileges
350
Reconsignment charges
351
Interference by state railroad commission with propor tional tariff rates
352
Sidetracks and connections
353
Undue preference in denying shippers the choice of route
355
Undue preference in arbitrary division of territory
356
Rate wars and undue preferences
357
Discrimination in kinds of traffic
358
Preferences against trafficmust involve injury
360
Differentials between grain and grain products
361
The commission not concluded by ruling of state commis sion
362
Classification
364
Consultation of carriers in classification not illegal com bination
366
Power of commission in correcting classification
368
Reasonable regulations in classifications
369
Facilities for interchange of traffic
370
Discrimination in exacting prepayment from connecting carriers not unjust discrimination
371
Discrimination in exacting prepayment from shippers
372
State and municipal control of terminals
373
The charging of local rates not an unjust discrimination
374
The right of exclusive through routing
375
Contract rights of trackage
376
Rights of connecting carriers as to milling in transit privi leges
377
Section 4
379
Construction of the section prior to the amendment of 1910
381
Over the same line
382
Application to the commission
383
Construction of section by commission and application to different classes of rates
384
Ruling of commission as to export and import rates under section
385
The commission on application for relief under the fourth section
386
The five trade zones for transcontinental traffic
387
Section 5
390
Controlling through routing by initial carrier is not pooling
391
Agreements not within the prohibition
392
The relation of the section to the AntiTrust Law of 1890
393
Pooling as a defense to action of the carrier
394
Section 6
395
History and amendment of the section
398
Effect of publication
399
The published rate conclusive
401
Failure to post rate in stations
402
Claims for mlsrouting
403
Status of carriers as shippers or consignees
405
What is included in schedules
406
What is sufficient publication and filing
407
Joint tariffs and through rates
408
Responsibility for through rates
409
Published joint rates must be duly authorized
410
The commissions power of modification as to filing of tar iffs
411
Section 7
413
Section 8
414
Plaintiff must show injury
415
Allowance of attorneys fee as costs
416
Assignability of claims
417
Jurisdiction of the federal courts in equity under the act
418
Jurisdiction in equity for protection of interstate commerce
420
Section 9
421
Jurisdiction in equity under the act as amended
423
Action for damages on account of discrimination
426
Judicial application of section
428
Section 10
430
Amendments to the section
432
Illegal combinations under section 10
433
The Incidental Interference with commerce by a peaceable strike not a violation of the section
434
Construction of the statute
435
Removal of indicted persons to other districts for trial
436
Limitation of criminal prosecution under the act
437
Interstate Commerce CommissionHow appointed
438
Section 13
454
Section 14
461
Section 15 as amended in 1910
466
Section 16
482
Section
499
Section 19
503
Section 21
512
Section 23
519
The Elkins Act as amended Ml
522
The repealing clause of the Hepburn Act did not bar prior offenses
527
The validity and enforcibllity of the act
528
The unit of offenses under the act The Standard Oil Com pany of Indiana case
529
Prior contracts and want of criminal intent no defenses
530
Conspiracy in rebating
531
What are rebates
532
Requisites of indictment under the act
533
THE ANTITRUST ACT OF 1890
535
Interstate transportation is subject to the act 636
536
Unlawful combinations In commerce other than transporta tion
537
The California Tile Trust case 638
538
The Chicago Meat Trust case
539
The Washington Shingle Trust case
540
The Chicago Board of Trade Bucket Shop case
542
Combinations held to be within the act
543
Agreements held not within the act
544
The Standard Oil case 645
545
The American Tobacco case
546
The Powder Trust case 647
547
Labor combinations
548
Employment of common agency not necessarily within the act
549
Patent monopoly not within the act
550
Secret formula contracts under the act
551
Section 2
561
Section 5
568
Section 8
578
Section 2 of the act
582
THE SAFETY ACT OF 1893 AMENDED 1896 Section 1
586
Criminal procedure under the actSufficiency of Indict ments
587
Section 3
596
Construction of section
597
Section 8
603
SAFETY ACT OF 1910
609
The abolition of contributory negligence In connection with
612
the Safety Appliance Act
617
The amendment of 1910
618
What is employment in interstate commerce
619
Concurrent jurisdiction of the state courts
620
The prohibition of contracting out of the act
621
THE HOURS OF SERVICE ACT OF 1907
622
The constitutionality of the act sustained
624
The Interstate Commerce Commission had authority to re quire report
625
THE TWENTYEIGHT HOUR LIVE STOCK TRANSPOR TATION LAW i 646 The twentyeight hour act
626
Delivery to connecting carrier
628
Press of business
629
Wilfully construed
630
Commerce Court Act
631
National Trade Union Incorporation Act
641
Arbitration Act
642
Interlocking Act
649
Ash Pan Act
650
Report of Accidents Act
651
Rules of practice before the commission
655
Rules of practice of the commerce court
670
Report of the National Securities Commission
675
No distinction as to commodities subject of contract 139
738
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Side 438 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
Side 501 - All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission.
Side 398 - States a civil penalty of not more than $5,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the United States.
Side 11 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Side 212 - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
Side 615 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Side 214 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Side 612 - Every contract, combination in form of trust or otherwise, or conspiracy in restraint of trade or commerce in any Territory of the United States, or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories, and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States, or foreign nations, is hereby declared illegal.
Side 213 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Side 441 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.

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