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Copyright 1909, 1916 and 1920
BY
EDGAR WATKINS
DEC 23 1932
TABLE OF CONTENTS.
VOLUME II.
CHAPTER VII.
ENFORCEMENT BY THE COURTS OF THE ACT TO REGULATE
COMMERCE INCLUDING A DISCUSSION OF THE EFFECT
GIVEN BY THE COURTS TO THE ORDERS AND
FINDINGS OF THE INTERSTATE COMMERCE
COMMISSION.
292. Jurisdiction of the Courts of the States to Enforce Provisions
of the Act to Regulate Commerce.
293. Same Subject. Statutory Provisions.
295. Same Subject. Suit for Damages Against an Initial Carrier.
296.
297.
298.
Compelling a Common Carrier to Transport.
Jurisdiction. General Statement.
Commerce Court.
298a. General Jurisdiction of Federal Courts.
299. Jurisdiction of the Courts of the United States to Compel
the Attendance of Witnesses Before the Commission and
Enforce Obedience to Act.
300.
301.
302.
Enforcement of Forfeitures.
Mandamus.
To Enforce Rights under Act to Aid Railroads and Telegraph
Companies.
303. Injunctions in Aid of Enforcement of Act.
304.
Injunctions Against Unlawful Rates and Practices.
305. Same Subject.
Conclusion.
306. Same Subject. Effect of Amendment of 1910.
307. Same Subject. Venue.
308.
Jurisdiction of Suits to Set Aside Orders of the Commission,
308a. Right of Shipper to Set Aside a Negative Order.
309. Grounds upon Which Orders of the Commission May Be Set
Aside.
310. Same Subject. Violations of the Constitution-Fourth Amend-
314.
315.
316.
317.
The Substance and Not the Form of the Finding Determines.
Disregard of the Legal Effect of Undisputed Testimony.
Lack of Full Hearing.
Awards of Damages.
318. Awards of Damages-Parties and Procedure.
319.
Procedure to Enforce or Annul Orders of the Commission.
320. Interlocutory Injunctions-Three Judges to Hear Application
for.
321.
Interlocutory Injunctions-Notice and Hearing.
322. Interlocutory Injunctions-Appeal from.
323. Appeal from Final Judgment.
326.
Quarantine Laws Relating to Transportation.
327. Sherman Anti-Trust Law.
328. Clayton Anti-Trust Law.
329. Federal Trade Commission Law.
329a. Merchant Marine.
330. Safety Appliance Law.
331. Hours of Service Law.
332. Employers' Liability Law.
334. Breaking Seals of Railroad Cars Containing Interstate or For-
eign Commerce.
334a. Transportation of Stolen Motor Vehicles Prohibited.
334b. Child Labor Law.
CHAPTER IX.
ACTS REGULATING COMMERCE.
Including act approved February 4, 1887, chapter 104, effective April
5, 1887, 24 Stat. L. 379, U. S. Comp. Stat. 1901, p. 3154, 3 Fed. Stat.
Ann. 809, et. seq. Known as the Cullom Act.
Amendment of March 2, 1889, 25 Stat. L. 855, Chap. 382, U. S. Comp.
Stat. 1901, p. 3158, 3 Fed. Stat. Ann. 852, et. seq.
Amendment of February 10, 1891, Chapter 128, 26 Stat. L. 753, U.
S. Comp. Stat. 1901, p. 3163, 3 Fed. Stat. Ann. 839.
Amendment of February 8, 1895, Chap. 61, 28 Stat. L. 643, U. S.
Comp. Stat. 1901, p. 3171, 3 Fed. Stat. Ann. 851.
Act February 11, 1893, 27 Stat. L. 443, Chap. 83, U. S. Comp. Stat.
1901, p. 3173, 3 Fed. Stat. Ann. 855. Known as the Testimony Act.
Act February 11, 1903, Chapter 544, 32 Stat. L. 823, U. S. Comp.
Stat. Supp. 1907, 10 Fed. Stat. Ann. 199. Known as the Expediting
Act.
Act February 19, 1903, Chap. 708, 32 Stat. L. 847, U. S. Comp. Stat.
Supp. 1907, p. 880, 10 Fed. Stat. Ann. 170. Known as the Elkin's Act.
Act February 25, 1903, Chap. 755, 32 Stat. L. 903, 10 Fed. Stat. Ann.
173, being section one of the Appropriation Act.
Act June 29, 1906, 34 Stat. L. 584, Chap. 3591, U.
Supp. 1907, p. 892, Fed. Stat. Ann. Supp. 1907, p. 167.
Hepburn Act.
S. Comp. Stat.
Known as the
Act June 30, 1906, Chap. 3920, 34 Stat. L. 798, U. S. Comp. Stat.
Supp. 1907, p. 900, Fed. Stat. Ann. Supp. 1907, p. 382.
Act April 13, 1908, 35 Stat. L. 60, Chap. 143.
Act of June 18, 1910, 36 Stat. L. 539, Chap. 309, U. S. Comp. Stat.
Supp. 1911, p. 1288, Fed. Stat. Ann. Supp. 1912, pp. 111 to 127.
Act Aug. 24, 1912, 37 Stat. L. 566, Chap. 390, Fed. Stat. Ann. Supp.
1914, p. 378. Known as Panama Canal Act.
Act Mch. 4, 1913, 37 Stat. L. 1013, Chap. 160, Fed. Stat. Ann. Supp.
p. 226.
Act Mch. 1, 1913, 37 Stat. L. 701, Chap. 92, Fed. Stat. Ann. Supp.
1914, p. 204.
Act Oct. 22, 1913. Known as District Court Act.
Government Aided Railroad and Telegraph Lines Act.
Lake Erie and Ohio Ship Canal Act.
Parcel Post Act.
Witness Acts.
Transportation Act 1920; Act February 28, 1920.
Bill of Lading Act; Act August 29, 1916, U. S. Comp. Stat. 1916,
Secs. 8604aaa to 8604w.
334c. Titles of Acts and Definitions.
335. Scope of Act to Regulate Commerce.
336. Not Applicable to Intrastate Transportation.
336a. Certain Water Transportation Exempted.
337. Term "Common Carrier," "Railroad," and "Transportation"
Defined.
338. Duty of Carrier to Furnish Transportation and to Establish
Through Routes.
339. All Transportation Charges Must Be Reasonable.
340.
341.
Classification of Telegraph, Telephone and Cable Messages.
Classifications, Regulations and Practices Must be Reasonable.
342. Free Service with Certain Exceptions Prohibited and Penalties
Prescribed.
342a. Excepting Cincinnati Southern Railway.
343. Railroad Companies Prohibited from Transporting Commodi-
ties in Which They Are Interested, with Certain Exceptions.
Terms under Which Switch Connections Shall Be Made.
344a. Car Service Defined.
344.
344b. Duty of Carrier To Furnish Safe and Adequate Car Service.
344c. Duty of Carrier To Make Reasonable Distribution of Cars.
344d. Schedule of Car Service Must be Filed.
344e. Authority of Commission to Establish Car Service Rules.
344f. Authority of Commission to Require Joint Use of Terminals.
344g. Routing Regulations.
344h. Commission May Act by Agents-Penalties.
3441. Extension and Abandonment of Present Railroad Facilities.
344j. Procedure in Applying For Extensions or Abandonments.
344k. Further Procedural Rules-Penalties.
3441. Commission May Require Extension of Facilities.
344m. Facilities Solely Within One State Exempted.
344n. Punishment For Obstructing Interstate or Foreign Commerce.
3440. Provisions Relating to Duties of Carriers During War.
345.
346.
Definition and Prohibition of Unjust Discrimination.
Undue and Unreasonable Preference Prohibited.
346a. Regulation of Collection of Transportation Charges.
347. Carriers Shall Accord Reasonable and Equal Facilities for In-
terchange of Traffic.
347a. Joint Use of Terminal Facilities May be Required.
348.
Rule as to Long and Short Hauls.
349. Relief From Long and Short Haul Clause.
350.
351.
Changes Not Required Until Further Orders.
Rates Reduced by Competition with Water Routes-Not In-
creased When.
352. Pooling of Freights and Division of Earnings Regulated.
352a. Consolidation of Carriers.
352b. Commission To Adopt A Plan.
352c. Notice of Plan To Be Given.
352d. Conditions Under Uhich Consolidations Must Be Made.
352e. Applications To Consolidate.
352f. Express Companies Consolidation of.
352g. Anti-Trust Laws Not to Apply.
353. Rail Carrier Not to Own Competing Water Carriers.
354. Whether or Not Competition Exists to be Determined by the
Commission.
Commission May Relieve from Provision.
Water Carriers to File Tariffs.
355.
356.
357.
358.
Carriers Shall File, Print and Keep Public Schedules of Rates.
Violators of Sherman Anti-Trust Act Not to Use Panama
Canal.