Practitioners' JournalAssociation of Interstate Commerce Commission Practitioners., 1956 |
From inside the book
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Page 140
... consideration " " These provisions of law impose restrictions on the ability of rail- roads to engage in water transportation wherever the water transporta- tion in question does or may compete with the rail carrier itself . Where water ...
... consideration " " These provisions of law impose restrictions on the ability of rail- roads to engage in water transportation wherever the water transporta- tion in question does or may compete with the rail carrier itself . Where water ...
Page 143
... consideration did not compete with , but was an extension of , its regular railroad service , and this con- tention has been sustained a number of times , as in New York Harbor Facilities Applications , 100 I. C. C. 383 ( 1925 ) , where ...
... consideration did not compete with , but was an extension of , its regular railroad service , and this con- tention has been sustained a number of times , as in New York Harbor Facilities Applications , 100 I. C. C. 383 ( 1925 ) , where ...
Page 144
... consideration . Most of the cases have held that the railroad interest in the water carrier would not have the adverse effect described , but the meaning of this provision is not clearly explained in any of the decisions of the ...
... consideration . Most of the cases have held that the railroad interest in the water carrier would not have the adverse effect described , but the meaning of this provision is not clearly explained in any of the decisions of the ...
Page 145
... consideration at all has been given to the nature and extent of competition on the water route . Instead , the Commission appeared to inquire whether , under all of the circumstances presented , the water carrier would be operated as ...
... consideration at all has been given to the nature and extent of competition on the water route . Instead , the Commission appeared to inquire whether , under all of the circumstances presented , the water carrier would be operated as ...
Page 153
... consideration would have to be given to section 5 ( 2 ) of the Act , and its requirements would have to be complied with . This would be an additional hurdle for a railroad desiring to engage in water operations , but the hurdle would ...
... consideration would have to be given to section 5 ( 2 ) of the Act , and its requirements would have to be complied with . This would be an additional hurdle for a railroad desiring to engage in water operations , but the hurdle would ...
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Common terms and phrases
Administrative Procedure Act agencies American Trucking Associations applicant applicant's authority carloads carrier by water certificate of convenience Chapter Charges Chicago Commission's Commissioner Clarke common carrier competition complaint contract carrier convenience and necessity Coyle cross-examination decision declaratory findings declaratory judgment declaratory order denied determining engage in water equipment evidence existing facts filed found not shown Galland granted hearing Inc.-Pur Interstate Commerce Act Interstate Commerce Commission involved issue judicial jurisdiction limited moot court motor carrier Mullen opinion Panama Canal Panama Canal Act parties petition points practice practitioners Procedural Due Process proceeding proposed rate protestants provisions public convenience public interest public witnesses question rail service reasonable route rules section 303 section 5(d shipments shipper Southern Pacific Southern Pacific Co statement Tank Truck Terminal testimony tion traffic Truck Lines vehicles vendee Washington water carrier water operations water transportation
Popular passages
Page 149 - 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...
Page 137 - Commission to determine questions of fact as to the competition or possibility of competition, after full hearing, on the application of any railroad company or other carrier. Such application may be filed for the purpose of determining whether any existing service is in violation of...
Page 150 - State, Territory, District, or possession of the United States and any other State, Territory, District, or possession of the United States, or between places in the same Territory, District, or possession. The term "common carrier by "water...
Page 166 - Commission, together with its decision, order or requirement in the premises; and in case damages are awarded such report shall include the findings of fact on which the award is made.
Page 138 - Commission shall find that the continuance or acquisition of such ownership, lease, operation, control, or interest will not prevent such common carrier by water or vessel from being operated in the interest of the public and with advantage to the convenience and commerce of the people, and that it will not exclude, prevent, or reduce competition on the route by water under consideration...
Page 139 - If the Interstate Commerce Commission shall be of the opinion that any such existing specified service by water other than through the Panama Canal is being operated in the interest of the public and is of advantage to the convenience and commerce of the people, and that such extension will neither exclude, prevent, nor reduce competition on the route by water under consideration...
Page 138 - The commission may on its own motion or the application of any shipper institute proceedings to inquire into the operation of any vessel in use by any railroad or other carrier which has not applied to the commission and had the question of competition or the possibility of competition determined as herein provided. In all such cases the order of said commission shall be final.
Page 145 - common carrier by motor vehicle" means any person which holds itself out to the general public to engage in the transportation by motor vehicle in interstate or foreign commerce of passengers or property or any class or classes thereof for compensation, whether over regular or irregular routes...
Page 175 - Said commission may, from time to time, make or amend such general rules or orders as may be requisite for the order and regulation of proceedings before it, including forms of notices and the service thereof, which shall conform, as nearly as may be, to those in use in the courts of the United States.
Page 155 - The agency is authorized in its sound discretion, with like effect as in the case of other orders, to issue a declaratory order to terminate 'a controversy or remove uncertainty.