TAX PEDDLER'S LICENSES. 29 and solicited orders for goods from jobbers or wholesale dealers, for principals residing without the State. When such orders were obtained the nonresident principal shipped the goods to the Tennessee agents, who delivered them to the purchasers. Held, that the effect of the Tennessee statute was to impose a tax upon interstate commerce, and was void, as in violation of the interstate commerce clause of the Constitution. Stockard v. Morgan, 185 U. S. 27. Peddler's Licenses.-A statute of Missouri (Rev. Stat. 1889, chap. 125) made it a misdemeanor for hawkers and peddlers selling goods by going from place to place to do so without procuring a license. The statute made no distinction between residents and non-residents. The defendant was convicted and fined for a violation of the statute, not having obtained a license. On appeal to the Supreme Court the conviction was affirmed and the statute upheld as a valid exercise of the power of the State over persons and business within its borders, regulating the occupation of itinerant peddlers and hawkers. The evidence showed that defendant sold sewing machines going from place to place in a wagon. There was no proof that he ever offered for sale a machine he did not have with him. His dealings were never accompanied nor followed by a transfer of goods from another State, or of an order for their transfer from one State to another. Defendant's transactions were neither interstate commerce, nor in any way connected with interstate commerce. The business was solely internal and domestic. Emert v. Missouri, 156 U. S. 296. CHAPTER II. INTERSTATE COMMERCE ACT ENTITLED "An Act to Regulate Commerce." [Approved Feb. 4, 1887. In effect April 5, 1887. U. S. Stat. at L. Vol. 24, p. 879.] ANALYSIS OF THE STATUTE. SEC. 1. Carriers engaged in transportation - Definitions — Terms, Railroad," "Transportation "- Charges must be reasonable. 2. Unjust discrimination defined. 3. Unreasonable preference or advantage-Duty to connecting lines. 4. Long and short haul regulations sion as to. Power of Commis 5. Pools and combinations prohibited. 6. Schedule of rates to be published - Rates through foreign country - Notice of advance or reduction of rates Published rate only legal rate - Documents to be filed with commission-Notice of advance or reduction of joint rates - Power of commission to publish rates Deviation from published rate unlawful Forms of schedules Penalties for failure to publish rates - Supplemented by Elkins ActApproved February 19, 1903 Violation of act misdemeanor - Penalty for violation of published rate Soliciting or paying rebate a misdemeanorImprisonment abolished Jurisdiction of federal court Act of officer or agent - Act of carrier Published rate, when conclusive Parties to proceedings Adherence to rate, how enforced - U. S. district attorney must prosecute at request of attorney-general Immunity of witnesses Expedition Act approved February 11, 1903, extended to such proceedings Repealer. [30] COMMERCE ACT ANALYSIS. 31 SEC. 7. Continuous carriage from point of shipment to point of destination. 8. Liability of carrier in damages. 9. Remedy of shipper in alternative by complaint to com- 10. Criminal liability of carrier for violation of act- eral criminal liability of shipper and carrier. 11. Interstate commerce commission created. 12. Commission may prosecute through U. S. district attorney-Witnesses' attendance compulsory - Penalty for disobedience of witness Testimony taken by deposition-Deposition, how taken Foreign witnesses-Fees of witnesses-Supplemented Act of February 11, 1893 — Immunity of witnessPerjury punished- Penalty for refusal to testify. 13. Complaint to commission, how made-Investigations, how conducted Complaints by State railroad commissions. 14. Report of commission, how made Report, how pub lished. 15. Commission to notify carrier of violations of law- 17. Procedure before interstate commerce commission. 19. Sessions of commission, where held. 20. Carriers must make annual reports to commission Contents of reports - Uniformity of methods of keeping accounts - Supplemented - Act of March 3, 1901 Carrier must make monthly reports of accidents. 21. Commission to make annual reports to Congress. SEC. 22. Free or reduced rates Excursions MileageCommutation rates Remedies cumulative not ex 23. Remedy by mandamus to move traffic or furnish cars. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled: Section 1. Interstate Commerce Defined. 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, 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, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid. Railroad Definitions Transportation.- The term "railroad" as used in this act shall include all OBJECT OF COMMERCE ACT. 33 bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation " shall include all instrumentalities of shipment or carriage. Charges Must be Reasonable. 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. Object and Scope of Section 1.- Section 1 defines the persons and corporations to which the act applies, and which are bound by its provisions. It will be observed that the statute was framed to embrace only carriers and shippers engaged in interstate commerce. It has no application to domestic commerce, and so declares expressly. Any provision of an act of Congress assuming to regulate domestic commerce, that is commerce conducted wholly within the borders of a State, would be void, as the power conferred upon Congress by the Constitution in this regard is confined to commerce among the several States, and with foreign nations. The statute relates wholly to the rights, liabilities, and duties of carriers of passengers or property, and the rights and duties of shippers. It does not relate to persons or corporations engaged in the manufacture, production, and sale of commodities. The Interstate Commerce Act has no relation to trusts or combinations in restraint of trade and commerce, in the manufacture, production, and sale of merchandise. Its provisions relate only to combinations in restraint of trade and commerce, when engaged in by carriers, with respect to rate making and pooling of freight charges, or contracts or arrangement among carriers of connecting and competing lines, which operate to |