The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood & Company, 1905 - 509 pages
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Contents

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
Copyright

Other editions - View all

The Law of Interstate Commerce and Its Federal Regulation
Frederick Newton Judson
Full view - 1905
The Law of Interstate Commerce and Its Federal Regulation
Frederick Newton Judson
Full view - 1908

Common terms and phrases

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

Popular passages

Page 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.
Appears in 584 books from 1819-2005
Page 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.
Appears in 422 books from 1824-2007
Page 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...
Appears in 429 books from 1778-2001
Page 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.
Appears in 416 books from 1852-2007
Page 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.
Appears in 531 books from 1798-2005
Page 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...
Appears in 621 books from 1856-2006
Page 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
Appears in 583 books from 1845-2003
Page 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.
Appears in 277 books from 1819-2003
Page 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...
Appears in 735 books from 1833-2003
Page 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...
Appears in 602 books from 1798-2007

Bibliographic information

QR code for The Law of Interstate Commerce and Its Federal Regulation
TitleThe Law of Interstate Commerce and Its Federal Regulation
Legal classics library
Making of Modern Law legal treatises
U.S. international trade library
AuthorFrederick Newton Judson
PublisherT.H. Flood & Company, 1905
Original fromHarvard University
Digitized19 Feb 2008
Length509 pages
  
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