The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood, 1912 - 805 lappuses

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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
CHAPTER II
38
The concurrent state power
40
The state power as to interstate telegraph companies
41
36
53
SECTION 4
58
Rulings of the state courts on the commerce clause
59
No judicial formulation of extent of power
60
SECTION 8
70
Enlarged powers and jurisdiction of the Interstate Com
81
Regulation by the delegation of power
92
and interstate service
100
65
106
The requirement of federal franchise for business corpora
113
SECTION 11
132
The labor legislation of congress
142
CHAPTER VII
171
State rates determined without reference to interstate traffic
189
Rate of profit necessary to avoid charge of confiscation
199
PART
211
Express companies under the
222
144
228
The amendments of section as to accessory charges
235
Standard of reasonableness under the
249
in rate regulation
255
What is a reasonable rate
262
185
268
The commission on rate wars and reasonableness of rates
274
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
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
Private cars
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
Unjust discrimination through abuse of stoppage in transit privileges
303
Unjust discrimination in passenger service
304
Giving passes to shippers prohibited
305
Unjust discrimination in telephone service
306
Retention of overcharge
308
Connecting carrier not responsible for discrimination by initial carrier
310
Discrimination in allowance to private transfer companies
311
SECTION 3
312
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
Whether competition is controlling is a question of fact
319
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
Claims for misrouting
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 12
440
Amendments of the section
442
Corporations not included in immunity of witness
444
Immunity acts of February 25 1903 and June 13 1906
447
Corporate official compelled to produce corporate books con taining personally incriminating matter
448
Probative effect of selfincriminating testimony
449
Relevancy of testimony before the commission
450
Limitation of the power of the commission to enforce testi mony
451
Investigating powers of a grand jury in the United States courts
452
SECTION 13
454
The amendment of 1910
455
Pleadings and proofs
457
Demand for reparation must be specifically stated
458
Production of books and papers
459
The rulings of the commission as precedents
460
SECTION 14
461
The changed relation of the commission to the courts
462
Reports of decisions
464
Section 15 as amended in 1910
466
The amendments of 1906 and of 1910
470
The constitutionality of the amendment of 1906 sustained
471
The enlarged powers of the commission under section
472
The establishment of through routes
473
Switch connections and through routing between steam and electric railway
474
The two year limitation of commissions orders
475
Selection of the route by the shipper
477
Jurisdiction over contracts of carriers
478
Allowances by carriers for shippers services must not in volve undue preference
479
The powers of the commission construed
480
SECTION 16
482
The amendments of 1906 and 1910
485
The saving of the right of trial by jury
486
The time limitations of actions for reparation
487
Jurisdiction of commission in awarding reparation
488
The jurisdiction of the commission in awarding general damages
489
Jurisdiction of federal and state courts in reparation actions
491
Prima facie effect of commissions orders in reparation
492
The procedure in actions in court
493
The judicial review of the commissions orders
494
The jurisdiction of the circuit courts
495
The commerce court on parties entitled to appeal from com missions orders
497
The finality of the order of the commission
498
SECTION 16A 397 Section 16a
499
SECTION 17
500
SECTION 19
503
The enforcement of reports by mandamus
509
SECTION 23
519
The enactment and amendments to the
522
430
532
The amendment of 1910 not retroactive
535
The American Tobacco case
546
The Chicago Meat Trust indictment
555
Criminal conspiracy under the actThe overt act
556
Limitation of prosecutions for conspiracy
557
Corporation indictable for criminal conspiracy
558
Immunity of witnesses in criminal prosecutions under act
559
The plea of nolo contendere
560
SECTION 2
561
SECTION 4
562
The act under the general equity jurisdiction of the court
563
A state cannot enjoin under the act
564
Suits by the government for dissolution of unlawful com binations procedure
565
A decree in the Standard Oil case
566
SECTION 5
568
SECTION 6
570
SECTION 7
571
Plaintiff must show injury
572
State is not a person or corporation under this section
573
Danbury Hat case
574
The act as a defense in suits by alleged illegal combinations
575
No recovery under act for violation of Interstate Commerce Act
576
of the
578
Section 2 of the
582
The department of commerce and labor
584
SECTION 2
591
Section 4 of the act
597
SECTION 3
598
SECTION 6
600
The supreme court on prosecution for penalty under the act
601
SECTION 7
602
SECTION 8
603
risk
605
Responsibility of carrier for cars out of condition
606
AMENDMENT OF 1903 TO SAFETY ACT 525 Amendment of 1903
607
SAFETY ACT OF 1910
609
THE EMPLOYERS LIABILITY ACT 527 The Employers Liability Act of 1906
612
The act of 1906 invalid as to interstate carriers
613
The act of 1906 valid as to the District of Columbia and the territories
614
The amendatory act of April 5 1910
616
509
617
THE HOURS OF SERVICE ACT OF 1907
622
553
626
550
629
4
645
Criminal procedure under the actSufficiency of indict
651
Rules of practice of the commerce court
670
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