The Law of Interstate Commerce and Its Federal Regulation

Frederick Newton Judson

T.H. Flood & Company, 1905 - 509 páginas

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Índice

TION 1 The commerce clause in the Constitution	2

Power of Congress in foreign commerce and with the In dian tribes distinguished	5

The preference clause in the Constitution	6

Federal sovereignty in interstate commerce	7

Gibbons v Ogden	9

What is commerce	10

What is not commerce	13

Insurance is not commerce	14

Discrimination through interest in connecting company	200

Discrimination in the storage of goods etc	202

Stoppage in transit privileges	203

Unlawful discrimination through abuse of stoppage in tran sit privileges	204

Unjust discrimination in passenger service	205

Giving passes to shippers prohibited	206

Enforcement of the section	208

Enforcement by injunction	209

What are the subjects of commerce	15

Wild game and fish as subjects of commerce	17

Natural oil and gas as subjects of commerce	19

The commerce clause and the admiralty jurisdiction	20

Erie Canal subject to admiralty jurisdiction	21

Jurisdiction of Federal courts in admiralty cases	22

The original package in interstate commerce	24

The Wilson Bill of 1890	27

But a State can tax the property employed in interstate commerce	28

State power of taxation of corporations engaged in inter state commerce summarized	29

CHAPTER II	31

The concurrent State power	33

The State power as to interstate telegraph companies	34

Concurrent power in interstate railroad transportation	35

State Sunday laws and interstate traffic	36

State laws concerning separation of races in interstate traffic	37

State regulation of contractual relations of interstate rail roads and shippers	38

State regulation under rules of common law in State courts	39

The concurrent jurisdiction in live stock inspection laws	40

State quarantine laws	41

Freedom of interstate commerce	42

Congressional inaction in foreign and interstate commerce distinguished	45

Rulings of the State courts on the commerce clause	46

CHAPTER III	49

The Railroad Act of 1866	50

State regulation of railways in the United States	52

Governmental regulation of railways in England	53

The common law in interstate commerce	54

Federal and State Courts in the Federal regulation of in terstate commerce	56

Genesis of the Interstate Commerce Act	58

Passage of the Interstate Commerce Act	59

Judicial construction of the Act to Regulate commerce	60

Amendments and proposed amendments of the Act	62

Regulation of bridges and ferries over navigable rivers	65

Regulation of interstate telegraph companies	67

Interstate telephone companies not included in the Act of 1866	69

The release of the Federal regulating power	70

Regulation by the delegation of power	71

Additional acts of Congress in the regulation of commerce	72

The Department of Commerce and Labor	74

The unexercised Federal power	76

Prohibition and regulation	78

The regulation of commerce through the taxing power	79

The Federal power of granting corporate charters	80

National incorporation as a means in the exercise of the commerce power	82

Relation of the States to Federal corporations	83

The requirement of Federal franchise for business corpora tions in interstate commerce	84

The developing construction of the Federal power in the regulation of commerce	86

CHAPTER IV	88

The AntiTrust Act of 1890	89

Relation of Act to common law of interstate commerce	90

Constitutionality of the Act	91

Reasonable and unreasonable restraints of trade	93

Contracts in restraint of trade under the Act	95

Contracts restraining sales by rebates not within the Act	96

Monopoly within the meaning of the Act	98

Monopoly in law and in fact distinguished	99

No distinction in the Act between necessaries of life and other articles	100

No application to commerce within a State	102

Application to State holding companies	103

The labor legislation of Congress	104

Regulation of interstate commerce in relation to labor	105

The Federal judicial power and labor combinations	106

Sympathetic strikes and boycotts by interstate employees	108

The law of conspiracy in interstate commerce	110

Distinguished from common law conspiracy	113

Interstate commerce in relation to employees therein	114

Picketing and soliciting in interstate commerce	116

The relation of interstate railroad employees is that of free contract	117

The right of labor organization includes the right of repre sentation	119

Injunction in interstate commerce	120

Contempt in United States Courts	123

Mandatory injunctions in interstate commerce	127

CHAPTER V	128

incorporation	129

The limitations of the State authority in domestic traffic	130

The adoption of the Fourteenth Amendment	131

Procedure in Federal review of State regulation	132

Limitation by Federal authority of the States power in reg ulating interstate rates	133

What is reasonableness in the limitation of State authority	135

No definite standard of reasonableness in railroad rates	137

Protection of the carrier against discriminating State leg islation	138

Extent of the State power of regulation	139

The State AntiTrust Laws and the Fourteenth Amendment	140

Classification in State railroad legislation	142

PART II	145

The Act to regulate commerce	146

Parties subject to the Act 117	147

Express companies	148

Under common control management or arrangement for a continuous carriage	149

Transportation through a State	150

Receivers lessees and purchasers pendente lite	151

Place of incorportation of the carrier immaterial	152

All instrumentalities of shipment or carriage	153

Carriage of live stock and perishable property	155

Refrigeration in transit	156

Charges must be reasonable and just	158

Practical difficulties in the enforcement of reasonableness in rates	159

Standard of reasonableness under State statutes	160

The Commission has no power to fix rates	161

No power in the courts to fix rates	162

The Federal courts on reasonableness in railroad rates	163

The capitalization of railroads as a basis for rates	164

Through rates and local rates	165

The Commission on through and local rates	167

SECTION 7	168

Responsibility for through rates	169

Reasonableness under sections 1 and 3	170

Rulings of the Commission upon the reasonableness of rates	171

The burden of proof before the Commission	172

The Commission on cost of service and needs of the shipper	173

The Commission on the character of the traffic	174

The Commission on comparison of rates	175

Relation to State local rates	176

The Commission on rate wars and reasonableness of rates	177

Illustrative cases upon specific rates	178

SECTION 2	180

Origin of the section	181

Purpose of the section	182

Effectiveness of the section Act of Feb 19 1903	183

Common law as to discriminations	184

Just and unjust discriminations at common law	186

Difference in charge based upon difference in service	189

Circumstances and conditions of through traffic and local traffic are dissimilar	190

The Party Rate case	192

Wholesale rates in freight and passenger traffic distin guished	194

Discrimination not unjust when based on special service	195

Discrimination in application of carload rates	197

Cargo rates discriminative	198

Effect of rebates upon contracts of affreightment	210

SECTION 3	211

Undue or unreasonable preference or advantage forbidden	212

Relation to sections 1 and 2	214

Preferences of localities enforced by competition are not undue	215

Application of the competition rule	216

Discrimination between domestic and foreign traffic in	217

Application of the import rule to intermediate points on the line	219

Competition created by carriers	220

The basing point system not illegal	221

Grouping of rates	222

Qualifications in the application of the competition rule	224

Recognition of natural advantages of localities not an undue preference	226

Competing cities on opposite banks of river	227

Differentials between competitive cities	228

Form of undue preference immaterial	230

Undue discrimination in time of closing freight stations	231

Discrimination by carrier in its own favor	234

Exclusive use of excursion or sleeping cars of one owner	236

Interference by State Railroad Commission with propor	237

tional tariff rates	238

Undue preference in denying shippers the choice of route	240

Undue preference in arbitrary division of territory	241

Rate wars and undue preferences	242

Discrimination in kinds of traffic	243

Preference against trafficMust involve injury	244

A reasonable regulation of carload weights not preferential	245

Differentials between grain and grain products	246

The Commission not concluded by ruling of State Commis sion	247

Classification	248

Consultation of carriers in classification not illegal combina tion	249

Power of Commission in correcting classification	251

Reasonable regulations in classification	252

Facilities for interchange of traffic	253

Exacting prepayment not undue discrimination	254

State and municipal control of terminals	255

The charging of local rates an undue discrimination 236	257

Contract rights of trackage	258

Rights of connecting carriers as to milling in transit privi leges	259

SECTION 4	260

Under similar circumstances and conditions	261

Competition under section 4 and under section 2	262

Over the same line	263

The proviso of the section	264

SECTION 5	266

Agreements not within the prohibition	268

The relation of the section to the AntiTrust Law of 1890	269

Pooling as a defense to action of the carrier	270

SECTION 6	271

Amendments	273

Effect of publication	274

Enforcibility of unpublished rate against the carrier	275

What is included in schedules	277

What is sufficient publication and filing	278

Joint tariffs and through rates	279

Published joint rates must be duly authorized	280

Application to export and import rates	281

place of destination	283

SECTION 8	284

Plaintiff must show injury	285

Assignability of claims	286

Jurisdiction of the Federal courts in equity under the Act	287

Jurisdiction in equity for protection of interstatė commerce	290

SECTION 9	292

SECTION 10	294

Amendments of 1889	295

Summary of amendments of 1903	296

The incidental interference with commerce by a peaceable strike not a violation of the section	297

Construction of the statute	298

Removal of indicted persons to other districts for trial	299

259a Limitation of criminal prosecution under the Act	300

SECTION 11	301

SECTION 12	303

Amendments	305

Immunity of corporations from selfincrimination	306

Probative effect of enforced selfincriminating testimony	309

Power of the court to enforce testimony before the Commis sion sustained	310

General powers of the Commission	311

SECTION 13	314

Pleadings and proofs	315

Burden of proof	316

Production of books and papers	317

The rulings of the Commission as precedents	318

SECTION 14	319

The Commission as a general referee	320

Claims for reparation before the Commission	321

Reports of decisions	322

SECTION 15	323

SECTION 16	324

The saving of the right of trial by jury	326

Limitations of actions for reparation 27	327

Jurisdiction of the Circuit Court	328

Parties defendant	329

The revisory power of the court	330

Injunction	331

The provision as to supersedeas applies only to appeals from Circuit Courts	332

SECTION 17	333

SECTION 18	334

Principal office of the Commission etc	335

The section permissive only	341

Section 4 Conflicting laws repealed	348

The Tennessee California and Ohio Coal cases 3533	349

The Chicago Meat Trust case	353

The Washington Shingle Trust case	354

The Kansas City Live Stock Exchange cases	355

Agreements not within the Act	356

Certain agreements not to enter into competition not within the Act	357

SECTION 2	359

SECTION 3	361

Section 4 of the Act	362

A State cannot enjoin under the Act	363

SECTION 5	365

SECTION 6	366

SECTION 7	367

Plaintiff must show injury	368

A State is not a person or corporation under section 7	369

Limitation in private actions	370

The Act as a defense in patent litigation	371

Section 8 of the Act	373

THE SAFETY ACT OF 1993 AMENDED 1896	379

SECTION 3	385

Section 7 of the Act	389

FEDERAL LABOR STATUTES	395

PROCEDURE BEFORE INTERSTATE COMMERCE	402

FORMS IN PROCEEDINGS BEFORE THE COMMISSION	411

TABLE OF COMMISSION RULINGS	428

TABLE OF COMMISSION ON REASONABLENESS OF RATES AND DISPOSI	498

Direitos de autor

Outras edições - Ver tudo

The Law of Interstate Commerce and Its Federal Regulation
Frederick Newton Judson
Visualização integral - 1905

The Law of Interstate Commerce and Its Federal Regulation
Frederick Newton Judson
Visualização integral - 1908

Palavras e frases frequentes

action agreement Amendment Anti-Trust applied authority bill carload carried carrier cars charges Circuit Court circumstances City combination Commission common law compel competition congress connection considered conspiracy constitution construction contract corporations cost criminal decision determining direct discrimination distinction duty effect employees enforcement engaged equal established exercise fact federal fixed foreign freight give grant held included infra injunction interstate commerce Interstate Commerce Act involved judicial jurisdiction labor legislation less limited localities manufacture matter means operation opinion parties persons points practice preference prevent prohibited protection punishable question railroad company railway rates reasonable received refuse regulation relation respect restraint of trade result road rule ship shipment shipper statute supra Supreme Court territory tion traffic transportation United unjust unlawful unreasonable violation

Passagens conhecidas

Página 304 - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

Aparece em 584 livros desde 1819-2005

Página 10 - 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.

Aparece em 422 livros desde 1824-2007

Página 260 - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may. in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances...

Aparece em 429 livros desde 1778-2001

Página 304 - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.

Aparece em 416 livros desde 1852-2007

Página 303 - 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.

Aparece em 531 livros desde 1798-2005

Página 303 - ... the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States...

Aparece em 621 livros desde 1856-2006

Página 396 - States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term

Aparece em 583 livros desde 1845-2003

Página 306 - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding : Provided, that no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.

Aparece em 277 livros desde 1819-2003

Página 146 - 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...

Aparece em 735 livros desde 1833-2003

Página 110 - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...

Aparece em 602 livros desde 1798-2007

Informação bibliográfica

QR code for The Law of Interstate Commerce and Its Federal Regulation

Título	The Law of Interstate Commerce and Its Federal Regulation Legal classics library Making of Modern Law legal treatises U.S. international trade library
Autor	Frederick Newton Judson
Editora	T.H. Flood & Company, 1905
Original de	Universidade de Harvard
Digitalizado	19 Fev 2008
Número de páginas	509 páginas

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