The Law of Interstate Commerce and Its Federal Regulation

T.H. Flood, 1912 - 805 lappuses

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1.–5. rezultāts no 85.

xi. lappuse
... carriage 224 ... 141. Transportation through a state ..... 226 .. 142. Territorial transportation 226 143. Interstate electric railroads . 227 144. Receivers , lessees , and purchasers pendente lite ...... 228 .... 145. Foreign commerce ...

xvi. lappuse
... carriage of freights from place of shipment to place of destination 318. Judicial application of section . SECTION 8 . $ 319 . Liability of common carriers for damages ....... 413 .. 413 320. Right of action based on the statute ...

13. lappuse
... carriage of persons and the transmission by telegraph of ideas , orders and intelligence . Importation into one state from another is the indispensable element , the test of interstate commerce ; and every negotia- tion , contract ...

14. lappuse
Frederick Newton Judson. for such carriage , and a state enactment prescribing the rate of toll on an interstate bridge is an unauthorized regulation of interstate commerce.1 Commerce among the states , therefore , embraces navigation ...

48. lappuse
... carriage of freight and had prevented carriers from obstructing continuous ship- ments on interstate lines , there was no sanction of agreements limiting liability by stipulation , and until congress had legis- lated upon it there was ...

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PART I	1

Natural oil and gas as subjects of commerce	22

Limitations of state control of liquor traffic	34

Concurrent power in interstate railroad transportation	42

State Sunday laws and interstate traffic	44

State laws concerning separation of races in 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

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

State regulation under rules of common law in state courts	49

The concurrent jurisdiction in live stock inspection laws	50

Effect of congressional legislation upon concurrent power of state	51

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

SECTION 8	72

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	85

Regulation of bridges and ferries over navigable rivers	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

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 in 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 the act	132

No application to commerce within a state	134

State holding companies	135

Restrictive sales in interstate commerce	137

No distinction as to commodities subject of contract	139

88 The labor legislation of congress	142

CHAPTER VII	169

Injunctions against state officials not violative of the elev	181

PART II	211

Prohibition of passes	241

Practical difficulties in the enforcement of reasonableness	247

The value of railroad property as a basis for rate regulation	254

Presumptions of reasonableness from established rates	260

Relation of interstate to state rates	266

Classification	272

Reasonableness and proportion	273

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	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

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

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

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

Reasonable regulations in classifications	369

The right of exclusive through routing	375

Over the same line	382

SECTION 5	390

The published rate conclusive	401

Failure to post rate in stations	402

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

422 The Elkins Act as amended	422

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 14	461

tion	466

The two year limitation of commissions orders	475

SECTION 16	482

Jurisdiction of commission in awarding reparation	488

Section 8 of the	489

The judicial review of the commissions orders	494

Jurisdiction of the courts to review the orders of the com	500

399 Salaries of commissioners sccretary etc	501

The amendments of 1906 and 1910	508

Section 5 of the	513

SECTION 23	519

The abolition of contributory negligence in connection with	533

432 Section 1 of the	535

The Powder Trust case	547

Immunity of witnesses in criminal prosecutions under act	559

SECTION 2	561

Suits by the government for dissolution of unlawful com	565

THE EXPEDITION	568

The amendment of 1910	579

454 Section 2 of the	582

The remaining sections of the	585

The commerce court on parties entitled to appeal from com	586

SECTION 2	591

SECTION 3	598

SECTION 6	602

Responsibility of carrier for cars out of condition	606

THE EMPLOYERS LIABILITY	612

the Safety Appliance Act	617

The amendment of 1910	618

What is employment in interstate commerce	619

304 Section 6 as amended	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 546 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

SECTION	642

Interlocking Act	649

Ash Pan Act	650

Criminal procedure under the actSufficiency of indict	651

Rules of practice before the commission	655

Rules of practice of the commerce court	670

Report of the National Securities Commission	675

596	730

398 Interstate commissionForm of procedure 500	791

Autortiesības

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The Law of Interstate Commerce and Its Federal Regulation
Frederick Newton Judson
Pilnskats - 1912

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affirmed alleged amendment of 1906 applied bill bill of lading carriage charge circuit court circumstances and conditions classification clause coal commerce clause commerce court common carrier common law compel competition complaint congress connecting consignee constitution construed contract corporation court held court of appeals damages decision demurrage determined district duty effect Elkins Act employes enacted enforce established export fact favor federal filed foreign freight grain I. C. C. Rep infra injunction inter Interstate Commerce Act Interstate Commerce Commission joint rates judicial jurisdiction legislation less than carload limited ment merce mission opinion Pacific parties passenger persons points private cars prohibition provisions rail railroad company railway reasonable rebate rier road route ship shipment shipper statute supra supreme court tariff territory tion transportation undue preference United unjust discrimination unlawful unreasonable violation violative

Populāri fragmenti

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11. lappuse - 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.

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212. lappuse - 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...

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213. lappuse - 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.

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441. lappuse - 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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Bibliogrāfiskā informācija

Nosaukums	The Law of Interstate Commerce and Its Federal Regulation
Autors	Frederick Newton Judson
Izdevums:	2
Izdevējs	T.H. Flood, 1912
Oriģināls no	Hārvarda universitāte
Digitalizēta	27.10.2007
Apjoms	805 lappuses

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