The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood, 1912 - 805 halaman
 

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128
171
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
The valuation of railroad property in state regulation
191
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 and 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
217
All of interstate commerce not included
218
Parties subject to the act
220
Express companies under the
222
Sleeping car companies
223
Under common control management or arrangement continuous carriage
224
Transportation through a state
226
Interstate electric railroads las
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
Switch connections
244
The establishment of through routes
246
in rates
247
Practical difficulties in the enforcement of reasonableness 163 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
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 trafic
269
Distance as a factor in rates
270
The commission on comparison of rates
271
Reasonableness and proportion
273
The commission on rate wars and reasonableness of rates
274
SECTION 2
275
Origin of the section
276
Purpose of the section
277
Effectiveness of the section The Act of February 19 1903
278
Common law as to discriminations
279
Just and unjust discrimination at common law
281
Discrimination in charge based upon differences in service not discriminative
284
Circumstances and conditions of through traffic and local traffic are dissimilar
285
The party rate case
287
Wholesale rates in freight and passenger traffic distin guished
289
Discrimination not unjust when based on special service 205 Carload and less than carload rates
291
Discrimination in application of carload rates
292
The supreme court on forwarding agents in carload rates
293
Discrimination in carload rates
294
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
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
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
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 245 Uniform demurrage rules recommended
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
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
Classification
364
Consultation of carriers in classification not illegal com bination
366
Power of commission in correcting classification
368
Reasonable regulations in classifications
369
Facilities for interchange of traffic
370
Discrimination in exacting prepayment from connecting carriers not unjust discrimination
371
Discrimination in exacting prepayment from shippers
372
State and municipal control of terminals
373
The charging of local rates not an unjust discrimination
374
The right of exclusive through routing
375
Contract rights of trackage
376
Rights of connecting carriers as to milling in transit privi leges
377
SECTION 4
379
Construction of the section prior to the amendment of 1910
381
Over the same line
382
Application to the commission vu
383
Construction of section by commission and application to different classes of rates
384
Ruling of commission as to export and import rates under section
385
The commission on application for relief under the fourth section
386
The five trade zones for transcontinental traffic
387
SECTION 5
390
Controlling through routing by initial carrier is not pooling
391
Agreements not within the prohibition
392
The relation of the section to the AntiTrust Law of 1890
393
Pooling as a defense to action of the carrier
394
SECTION 6
395
History and amendment of the section
398
Effect of publication
399
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 323 Limitation of actions
416
Assignability of claims 417 325 The jurisdiction of federal courts
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
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 12
440
Power of the court to enforce testimony before the commis sion sustained
449
Relevancy of testimony before the commission
450
Limitation of the power of the commission to enforce testi mony
451
Investigating powers of a grand jury in the United States courts 355 General powers of the commission 452
452
SECTION 13
454
Procedure before commissionParties
455
Pleadings and proofs
457
Demand for reparation must be specifically stated
458
Production of books and papers 363 The rulings of the commission as precedents 458
459
Commissions report of investigation 365 Amendment of the section
461
The changed relation of the commission to the courts
462
Reports of decisions
464
Section 15 as amended in 1910
466
SECTION 16
482
Jurisdiction of commission in awarding reparation
488
The judicial review of the commissions orders
494
Salaries of commissioners secretary etc
501
SECTION 21
512
The jurisdiction of the commission as to commutation rates
518
The Elkins Act as amended
522
435
535
464
553
SECTION 3
561
SECTION 5
568
Selfincriminating testimony under the
571
SECTION 8
578
SECTION 3
596
Section 4 of the act
597
SECTION 5
598
Interstate commission Form of procedure
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 TO SAFETY ACT 525 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
618
What is employment in interstate commerce 19
619
Concurrent jurisdiction of the state courts
620
The prohibition of contracting out of the act
621
THE HOURS OF SERVICE ACT OF 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
Accidental or unavoidable causes defined
628
Requested confinementQuestion for jury
629
Wilfully construed
630
Commerce Court Act
631
National Trade Union Incorporation Act
641
Arbitration
642
Interlocking Act 149
649
Ash Pan Act
650
Criminal procedure under the actSufficiency of indict
651
Rules of practice before the commission 8 Forms of procedure of the commission
655
Rules of practice of the commerce court
670
Report of the National Securities Commission
675
132
712
137
725
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Halaman 398 - States a civil penalty of not more than $5,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the United States.
Halaman 11 - 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.
Halaman 212 - America in congress assembled, 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...
Halaman 615 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Halaman 214 - railroad" as used in this act shall include all 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.
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Halaman 213 - 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.
Halaman 441 - 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.

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