The Law of Interstate Commerce and Its Federal Regulation

Sampul Depan
T.H. Flood, 1912 - 805 halaman
 

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What is not commerce
15
Insurance and commerce
16
What are the subjects of commerce
17
Wild game and fish as subjects of commerce
20
Natural oil and gas as subjects of commerce
22
The commerce clause and the admiralty jurisdiction
23
Erie Canal subject to admiralty jurisdiction
25
Jurisdiction of federal courts in admiralty cases
26
When transit ends the original package in interstate com merce
30
The Wilson Bill of 1890
32
Limitations of state control of liquor traffic
33
A state cannot tax interstate commerce
34
But a state can tax the property employed in Interstate com merce
35
State power of taxation of corporations engaged in interstate commerce summarized
37
THE CONCURRENT AND EXCLUSIVE POWERS 23 The concurrent and exclusive powers distinguished
38
The concurrent state power
40
The state power as to interstate telegraph companies
41
lic
44
State laws concerning separation of races In Interstate traffic
45
Limitation of state power in stoppage of through trains
46
State regulation of contractual relations of interstate rail road and shippers
48
State regulation under rules of common law In state courts
49
The concurrent jurisdiction In live stock inspection laws
50
Effect of congressional legislation upon concurrent power of state
51
State quarantine laws
53
Freedom of interstate commerce
54
Congressional inaction in foreign and interstate commerce distinguished
57
Attachment of foreign railroad cars
58
Rulings of the state courts on the commerce clause
59
CHAPTER III
63
The railroad act of 1866
64
The state control of local business of interstate railroads
66
State regulation of railways in the United States
67
Governmental regulation of railways in England
68
The common law in interstate commerce
69
Section 4
70
Federal and state courts in the federal regulation of inter state commerce
71
Federal cause of action in the state courts
74
Genesis of the Interstate Commerce Act
75
Passage of the Interstate Commerce Act
76
Successive amendments of the Interstate Commerce Act
77
Enlarged powers and jurisdiction of the Interstate Com merce Commission
81
The commerce court
85
Regulation of bridges and ferries over navigable rivers
86
Regulation of telegraph and telephone companies
89
The release of the federal regulating power
91
Regulation by the delegation of power
92
Additional acts of congress in the regulation of commerce
94
The Department of Labor and Commerce
97
No judicial formulation of extent of power
100
The supremacy of federal regulation
101
Federal regulation of employes performing both intrastate and interstate service
102
The federal regulating power and state corporations
103
Limitations upon the federal authority in interstate com
105
merce 10i
106
Regulation of commerce through the taxing power
107
The federal power of granting corporate charters
108
Federal incorporation as a means in the exercise of the com merce power
110
Relation of the states to federal corporations
111
The requirement of federal franchise for business corpora tions in interstate commerce
113
The development of the latent federal power in the regula tion of commerce
115
CHAPTER V
116
BUSINESS COMBINATIONS IN INTERSTATE COMMERCE S 72 The demand for federal regulation of business combinations
117
The AntiTrust Act of 1S90
119
Restraint of trade in interstate commerce under the common law
120
Constitutionality of the act
121
Railroads included n the act
122
A reasonable construction and reasonable restraints of trade distinguished
123
7S Direct and incidental restraint of trade
125
Suppression of competition must be substantial to be a re straint of trade
128
The modern law of restraint of trade
129
Illegal combinations in interstate commerce
130
Complete suppression of competition not essential
131
Monopoly within the meaning of the act
132
No application to commerce within a state
134
State holding companies
135
Restrictive sales in interstate commerce
137
The labor legislation of congres3
142
Regulation of interstate commerce in relation to labor
143
The courts on labor combinations in relation to interstate commerce
145
Business boycotts in interstate commerce
147
Strikes and boycotts by employes of interstate carriers
148
The law of conspiracy in interstate commerce
151
Distinguished from commonlaw conspiracy
154
Interstate commerce in relation to employes therein
155
Picketing and soliciting in interstate commerce
157
The status of interstate railroad employes is that of free contract
158
The right of labor organization includes the right of repre sentation
160
Injunction in interstate commerce
161
Contempt In United States courts
164
Direct and indirect contempts
165
Criminal and civil contempts
166
Conspiracy and contempt
169
CHAPTER VII
171
State cannot regulate any part of interstate rates
174
Competitive effect of intrastate rates upon interstate rates
175
The fourteenth amendment
177
Federal review of state regulation of railroads
178
The federal jurisdiction must be invoked on substantial grounds
179
Jurisdiction of the federal courts not limited by state legis lation
180
Injunctions against state officials not violative of the elev enth amendment
181
The regulating orders of state commissions legislative not judicial
182
Procedure in federal review of state legislation
183
Temporary injunctions in federal control of state legisla tion
185
Temporary injunction under act of 1910
186
Reasonableness and confiscation in regulation of rates
187
State rates determined without reference to interstate traffic
189
The supreme court on state regulation
190
Schedules of rates and special rates
191
The valuation of railroad property in state regulation
193
The apportionment of railroad property in state regulation
195
Confiscation in state regulation how proved
196
Rate of profit necessary to avoid charge of confiscation
199
Protection of the carrier against discriminating state regu lation
200
The state power of regulation not limited to rates
202
The state antitrust laws ami the fourteenth amendment
205
Classification in state railroad legislation
207
PART II
211
Section 1 of the Act of 1887
212
Section 1 as amended by Act of June 18 1910
213
Amendments to the section
217
All of interstate commerce not included
218
Parties subject to the act
220
Express companies under the act
222
Sleeping car companies
223
Under common control management or arrangement for a continuous carriage
224
Transportation through a state
226
Interstate electric railroads
227
Receivers lessees and purchasers pendente lite
228
Place of incorporation of carrier immaterial
230
All instrumentalities of shipment or carriage
231
Commerce court on terminal facilities and plant facilities
233
Bulk grain storage as part of transportation
234
The amendments of section as to accessory charges
235
Refrigeration in transit
238
Private cars
240
Prohibition of passes
241
The commodities clause
242
Switch connections
244
The establishment of through routes
246
Practical difficulties in the enforcement of reasonableness in rates
247
Standard of reasonableness under state statutes
249
The power of the commission in fixing rates
250
No power in the courts to fix rates
251
The federal courts on reasonableness of railroad rates
252
The value of railroad property as a basis for rate regulation
254
The unearned increment in valuation of railroad property in rate regulation
255
The relation of railroad rate to investment of earnings in property
256
Consideration of reasonableness in the courts
257
Rulings of the commission upon the reasonableness of rates
258
Limitation of the commissions power in fixing rates
259
Presumptions of reasonableness from established rates
260
Burden of proof
261
What is a reasonable rate
262
Res judicata with respect to rates
263
ISO Through rates and local rates
264
Reasonableness in commutation rates
265
Relation of interstate to state rates
266
Rates as affected by development of country
267
The commerce court on interdependence of rates
268
Reasonableness of rates as dependent on character of traffic
269
Distance as a factor in rates
270
The commission on comparison of rates
271
Reasonableness and proportion
273
SECTION 2
275
Origin of the section
276
Purpose of the section
277
Effectiveness of the section The Act of February 19 1903 27S 196 Common law as to discriminations 27S
279
Just and unjust discrimination at common law
281
Discrimination in charge based upon differences In service not discriminative
284
Different forms of discrimination
295
Discrimination in restricted rates
296
Discrimination through industrial tap lines and plant fa cilities
297
Discrimination through interest in connecting company
299
Discrimination in storage of goods etc
301
Stoppage in transit privileges
302
Unjust discrimination through abuse of stoppage in transit privileges
303
Unjust discrimination in passenger service
304
Giving passes to shippers prohibited
305
Unjust discrimination in telephone service
306
Retention of overcharge
308
Connecting carrier not responsible for discrimination by initial carrier
310
Discrimination in allowance to private transfer companies
311
Section 3
312
Section 3 Undue or unreasonable preference or advantage forbidden
313
Origin of the section
314
Relation to sections 1 and 2
315
Preferences of localities enforced by competition are not unjust
316
Application of the competition rule
318
Whether competition is controlling is a question of fact
319
port and export rates not unjust preference
320
Milling in transit and export trade
322
Competition created by carriers
323
The basing point system not illegal
324
Basing points not exempt from regulating power of com mission
325
Grouping of rates
326
Qualifications in the application of the competition rule
329
Recognition of natural advantages of localities not an un just preference
331
Competing cities on opposite banks of rivers
332
Differentials between competitive cities
333
Preference in demurrage charges
335
Different forms of undue preference
336
Undue preference in allowance for grain elevator service
337
Undue preference in wharfage rights
339
Undue preference in management of freight stations and warehouses
340
Undue preference in car service
341
The commissions regulations of coal car service sustained 343 252 Discrimination by carrier in its own favor
346
Demurrage and other charges on privately owned cars
348
Exclusive use of excursion or sleeping cars of one owner
349
Stoppage in transit privileges
350
Reconsignment charges
351
Interference by state railroad commission with propor tional tariff rates
352
Sidetracks and connections
353
Undue preference in denying shippers the choice of route
355
Undue preference in arbitrary division of territory
356
Rate wars and undue preferences
357
Discrimination in kinds of traffic
358
Preferences against trafficmust involve injury
360
Differentials between grain and grain products
361
The commission not concluded by ruling of state commis sion
362
Section 4
379
Section 5
390
The published rate conclusive
401
Failure to post rate in stations
402
Claims for misrouting
403
Status of carriers as shippers or consignees
405
What is included in schedules
406
What is sufficient publication and filing
407
Joint tariffs and through rates
408
Responsibility for through rates
409
Published joint rates must be duly authorized
410
The commissions power of modification as to filing of tar iffs
411
Section 7
413
Section 8
414
Plaintiff must show injury
415
Allowance of attorneys fee as costs
416
Assignability of claims
417
Jurisdiction of the federal courts in equity under the act
418
Jurisdiction in equity for protection of interstate commerce
420
Section 9
421
Jurisdiction in equity under the act as amended
423
Action for damages on account of discrimination
426
Judicial application of section
428
Section 10
430
Amendments to the section
432
Illegal combinations under section 10
433
The incidental interference with commerce by a peaceable strike not a violation of the section
434
Construction of the statute
435
Removal of indicted persons to other districts for trial
436
Limitation of criminal prosecution under the act
437
Interstate Commerce CommissionHow appointed
438
Section 13
454
Section 14
461
Section 15 as amended in 1910
466
Section 16
482
Section 16a
499
Salaries of commissioners secretary etc
501
Section 21
512
Section 23
519
The Elkins Act as amended
522
offenses
527
The validity and enforcibility of the act
528
The unit of offenses under the act The Standard Oil Com pany of Indiana case
529
Prior contracts and want of criminal intent no defenses
530
Conspiracy in rebating
531
What are rebates
532
Requisites of indictment under the act
533
THE ANTITRUST ACT OF 1890
535
Interstate transportation is subject to the act
536
Unlawful combinations in commerce other than transporta tion
537
The California Tile Trust case 53S 437 The Tennessee California and Ohio Coal cases
538
The Chicago Meat Trust case
539
The Washington Shingle Trust case
540
The Chicago Board of Trade Bucket Shop case
542
Combinations held to be within the act
543
Agreements held not within the act
544
The Standard Oil case
545
The American Tobacco case
546
The Powder Trust case
547
Labor combinations
548
Employment of common agency not necessarily within the act
549
Patent monopoly not within the act
550
Secret formula contracts under the act
551
Section 2
553
Section 3
561
Section 5
568
4S7 Limitations
577
Section 8
578
THE EXPEDITION ACT 490 The Expedition Act
579
THE DEPARTMENT OP COMMERCE AND LABOR 494 The department of commerce and labor
583
Section 6 of the act
584
The remaining sections of the act
585
THE SAFETY ACT OF 1893 AMENDED 1896
586
appliances
588
Petition and procedure under the act
589
The act in the state courts
590
Section 2
591
Automatic couplers of different makes
592
An absolute duty imposed upon carriers by the act to pro vide and maintain automatic equipment
593
When cars are in Interstate commerce
594
Section 3
596
Section 4 of the act
597
Section 5
598
Section 6
600
The supreme court on prosecution for penalty under the act
601
Section 7
602
Section 8
603
risk
605
Responsibility of carrier for cars out of condition
606
Amendment of 1903
607
SAFETY ACT OF 1910
609
THE EMPLOYERS LIABILITY ACT 527 The Employers Liability Act of 1906
612
The act of 1906 invalid as to interstate carriers
613
The act of 1906 valid as to the District of Columbia and the territories
614
The amendatory act of April 5 1910
616
the Safety Appliance Act
617
The amendment of 1910 61S 535 The amendment of 1910 not retroactive
618
What is employment in interstate commerce
619
Concurrent jurisdiction of the state courts
620
The prohibition of contracting out of the act
621
THE HOURS OF SERVICE ACT OP 1907
622
The constitutionality of the act sustained
624
The Interstate Commerce Commission had authority to re quire report
625
THE TWENTYEIGHT HOUR LIVE STOCK TRANSPOR TATION LAW 546 The twentyeight hour act
626
Delivery to connecting carrier
628
Press of business
629
Wilfully construed
630
Commerce Court Act
631
National Trade Union Incorporation Act
641
Arbitration Act
642
Interlocking Act
649
Ash Pan Act
650
Report of Accidents Act
651
Rules of practice before the com nission
653
Forms of procedure of the commission
655
Rules of practice of the commerce court
670
Report of the National Securities Commission
675
No distinction as to commodities subject of contract 13
738
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