Lapas attēli
PDF
ePub

ing setting forth any thing or act done or omitted to be done by any common carrier, railroad corporation or street railroad corporation in violation, or claimed to be in violation, of any provision of law or of the terms and conditions of its franchise or charter or of any order of the commission. Upon the presentation of such a complaint the commission shall cause a copy thereof to be forwarded to the person or corporation complained of, accompanied by an order, directed to such person or corporation, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the commission. If the person or corporation complained of shall make reparation for any injury alleged and shall cease to commit, or to permit, the violation of law, franchise or order charged in the complaint, and shall notify the commission of that fact before the time allowed for answer, the commission need take no further action upon the charges. If, however, the charges contained in such petition be not thus satisfied, and it shall appear to the commission that there are reasonable grounds therefor, it shall investigate such charges in such manner and by such means as it shall deem proper, and take such action within its powers as the facts justify.

3. Whenever either commission shall investigate any matter complained of by any person or corporation aggrieved by any act or omission of a common carrier, railroad corporation or street railroad corporation under this section it shall be its duty to make and file an order either dismissing the petition or complaint or directing the common carrier, railroad corporation or street railroad corporation complained of to satisfy the cause of complaint in whole or to the extent which the commission may specify and require.

Parallel provisions of Interstate Commerce Act,- see Interst. Com. Act, §§ 12-14, post, Appendix B.

A state railroad commission may act as complainant before the Interstate Commerce Commission,- see Interst. Com. Act, § 13, post, Appendix B.

Parallel provisions of New York Railroad Law,- see N. Y. R. R. L., §§ 159-162.

Territorial jurisdiction of Commissions for the receiving of complaints,- see ante, § 5.

Service and effect of orders made by Commissions after investigations,

see ante, § 23.

Actions in court by persons aggrieved for loss or damage caused by violations of this Act,- see ante, § 40.

Summary proceedings for enforcement of orders made by Commission after investigations,- see post, §§ 57, 74.

Actions in behalf of public to recover penalties and forfeitures for failure to comply with orders of the Commissions or provisions of this Act,- see post, § 59.

Investigations by Commission as to gas and electrical corporations,see post, §§ 66, 71, 72.

General power of the state to regulate property devoted to public use, -see ante, § 1, notes [1]-[22].

General power of the state to regulate rates and charges,—see ante, § 1, note [2].

Power of the state to regulate carriers' way of doing business,— see ante, § 1, note [2].

Exemptions from public control,- see ante, § 1, notes [16]-[21]. General rules of statutory construction, -see ante, § 1, notes [23]-[24].

Purpose of regulative Acts,-see ante, § 1, note [32].

Who are common carriers,- see ante, § 2, notes [2]-[7].
What constitutes a railroad or street railroad,— see ante, § 2, note [8].
Effect of receivership on power to regulate,— see ante, § 2, note [15].
Validity of commission plan of regulation,- see ante, § 4, note [14].
Commission as administrative body,- see ante, § 4, note [15].
Where hearings will be held,- see ante, § 19, note [1].

Compelling production of books and papers,- see ante, § 19, note [3]-[6].

Punishment of witnesses for contempt,- see ante, § 19, notes [7]-[12]. Immunity of witnesses, see ante, § 20, notes [2]-[9].

Rehearing before Commission,- see ante, § 22, notes [1]-[3].

Proceedings before the commission where violation of long and short haul rule is alleged,- see ante, § 36, note [19]. Investigation of accidents,— see ante, § 47, note.

[1] Power and duty to investigate.

Power of commission to conduct investigations for its own information, see ante, § 45 and notes.

Effect of vacancies on power of commission,—see, ante, § 4, note [5].

The power of investigation is broader than the power of legislation. - Interstate Commerce Commission v. Harriman, 157 Fed. 432. The Interstate Commerce Commission has power to conduct original investigations as well as investigate after complaint or petition.- Interstate Com. Commission v. Harriman, 157 Fed. 432.

The Railroad Commission of Louisiana was by the constitution of that state authorized to establish "reasonable and just rates, charges and regulations" with respect to the public service corporations subject to its jurisdiction.-Held, that this necessarily implies that the Commission make full investigation into the facts before it establishes its rates, charges and regulations.- Cumberland T. & T. Co. v. R. R. Comm., 156 Fed. 823.

A carrier defendant is entitled to have its defense considered in the first instance, at least, by the Interstate Commerce Commission, upon a full weighing of all the circumstances and conditions on which " a lawful order" may be founded.-Interst. Com. Commission v. So. R. Co., 105 Fed. 703.

The Interstate Commerce Commission is not a court, but a special tribunal whose duties, though largely administrative, are sometimes semi or quasi judicial. It is required to investigate and report. The law creating the commission does not mention its final act as a judgment. It renders no judgment, enters no decree. The rule of estoppel of record, at all times technical in character, cannot be invoked against a complainant.-Toledo Prod. Exch. & E. Kemble v. L. S. & M. S. R. Co., 2 Inters. Com. R. 492, 569, 3 Inters. Com. R. 830, 5 I. C. C. R. 166.

A board of supervisors vested with power to regulate and fix water rates charged by private companies must make a proper effort to procure all necessary information to enable it to act fairly and intelligently. To fix the rates arbitrarily without investigation may defeat its action.- Spring Valley W. W. v. San Francisco, 28 Cal. 286, 22 Pac. 910, 6 L. R. A. 756.

A state may authorize a commission to hear and determine complaints as to the manner in which a railroad company operates its road, respecting any matter under the control of such commission.Stone v. Yazoo & M. V. R. Co., 62 Miss. 607.

Under authority vested in the North Carolina Railroad Commission to fix rates, etc., it has the incidental power to ascertain by investigation, etc., what particular corporation controls or operates any lines in the state, so that it may know against whom to make its orders and proceedings to enforce such orders or punish violation.- State ex rel. Board of R. R. Comrs. v. W. U. Tel Co., 113 N. C. 213, 18 S. E. 389, 22 L. R. A. 570.

[2] Who may be complainants.

As association of warehousemen and forwarders may be complainants before the Interstate Commerce Commission, though they do not appear as shippers or consignees.- American Warehousemen's Assn. v. Ill. Cent. R. Co., 7 Inters. Com R. 556.

A live stock exchange has a sufficient interest in railroad rates to make it a proper complainant.- Cattle Raisers' Assn. v. Fort Worth & D. C. R. Co., 7 Inters. Com. R. 513.

A voluntary protective association is entitled to be a complainant, whether representing its own members, or specially authorized to represent other shippers, or assuming in addition to represent shippers engaged in the same industry on the route of the defendant's lines.— Milk Prod. P. Assn. v. D. L. & W. R. Co., 7 Inters. Com. R. 92.

A voluntary association of persons engaged in a commercial enterprise may complain to the Interstate Commerce Commission of violations of the Interstate Commerce Act.- Boston & A. R. Co. v. Boston & L. R. Co., 1 Inters. Com. R. 291, 400, 500, 1 I. C. C. R. 158.

[3] Necessary or proper defendants.

Bringing in of interested parties in proceedings for enforcement of statutes relating to interstate commerce,- see Elkins Act, § 2, post, Appendix B.

Interested parties may be heard without being made parties to adjudication, see ante, § 20, [1].

The initial carrier is a proper, but not a necessary, party defendant in a proceeding as to the legality of a through rate.- Warren-Ehret Co. v. Cent. R. of N. J., 8 Inters. Com. R. 598.

Where carriers make and divide a joint rate, but only one of them is responsible for the terminal charge and service which is an element therein, the complaint is properly directed against the particular carrier and charge.- Cattle Raisers' Assn. v. Fort Worth & D. C. R. Co., 7 Inters. Com. R. 513.

Where a local rate is complained of, but such local rate is part of a through rate, and it is in that relation that it is the subject of controversy, the complaint should be made against the through rate, and all the carriers composing the through lines are necessary parties.— Chamber of Commerce v. Gt. Northern R. Co., 4 Inters. Com. R. 44, 230, 5 I. C. C. R. 571.

A complaint as to classifications, etc., cannot properly be made against a classification committee, but must be against designated carriers as such, even though the complaint be informal rather than formal.- MacMillan & Co. v. Western Class. Committee, 3 Inters. Com. R. 282, 4 I. C. C. R. 276.

Where the complaint seeks to correct the classification of freight made by the initial carrier, all the companies over whose lines the shipments must pass are proper, but not necessary, parties defendant.Hurlburt v. L. S. & M. S. R. Co., 2 Inters. Com. R. 15, 31, 81, 448, 2 I. C. C. R. 122.

[ocr errors]

In a proceeding as to the reasonableness of through rates, all the connecting carriers must be parties defendant.- Michigan Congr. Water Co. v. Ch. & G. T. R. Co., 1 Inters. Com. R. 797, 2 Inters. Com. R. 12, 428, 2 I. C. C. R. 594.

The reasonableness of certain rates cannot be fairly determined in a proceeding to which some of the roads responsible for the rates are not parties.— New Orleans Cotton Exch. v. C. N. O. & T. P. R. Co., 1 Inters. Com. R. 648, 2 Inters. Com. R. 289, 2 I. C. C. R. 345.

[4] Who should be permitted to intervene.

Where it is obvious that there are many parties as vitally interested as is the complainant, they will be permitted to appear on the taking of testimony.- Spartansburg Bd. of Trade v. Richmond & D. R. Co., 2 Inters. Com. R. 15, 193, 2 I. C. C. R. 304.

In a proceeding before a state railroad commission, or in court. upon an order of the commission, as to the rates charged by a carrier, another carrier not a party to the proceeding, though indirectly affected by its outcome, cannot formally intervene, as a matter of right. The commission and the court should, however, be liberal in hearing evidence, and in their discretion may hear that of persons not parties and only indirectly affected by the result.-Steenerson v. Gt. Northern R. Co., 60 Minn. 461, 62 N. W. 826.

[5] Service of complaint.

While service of a complaint upon the controlling company is not a legal service upon the subsidiary company, it does for all practical purposes notify the latter of the proceeding, where the latter company is a proper but not a necessary party to the proceeding.- Mayor of Wichita v. A. T. & S. F. R. Co., 9 Inters. Com. R. 534.

[6] Effect of receivership on proceedings before commission.

Effect of receivership on power to regulate generally,—see ante, § 2, note [15].

Leave of court need not be obtained before the beginning of a proceeding before the Interstate Commerce Commission against the receiver of a railroad.- Evans v. U. Pac. R. Co., 6 Inters. Com. R. 520.

Complaints before the Interstate Commerce Commission do not come within the rules requiring the consent of the court appointing a receiver to be obtained before bringing any suit.- Board of Trade v. Ala. Mid. R. Co., 6 Inters. Com. R. 1.

A receivership subsequent to complaint should not interfere with the progress of a proceeding brought merely for the purpose of railway regulation.- Railroad Commission of Ga. v. Clyde Ss. Co., 4 Inters. Com. R. 120, 5 I. C. C. R. 324.

« iepriekšējāTurpināt »