Political complexion and qualification of Commissioners . Powers of Commission First To inquire into management of business, etc. Second: To keep informed as to method, etc., of business Third: Right of Commission to obtain full and complete information Fourth Power to require attendance of wit- Fifth May invoke aid of U. S. courts. Seventh Commission may require annual re ports Rules of, and practice before, Commission Second: Majority to constitute quorum Third: Commission may make and amend general orders Fourth: Any party may appear in person or by attorney Fifth Votes and official acts of Commission to be recorded Sixth Commission to have seal Seventh Either Commissioner may adminis- Method of procedure before Commission. PAGE 68 69 69 69 69 69 70 70 70. 73 • 73 71 73 73 73 73 73 74 74 74 First Any person, etc., complaining of any Third: Commission may institute inquiry of Reparation or satisfaction by carrier. When complaint not to be dismissed. Decision of Commission and proceedings thereunder. . Failure of carrier to obey judgment Appeal Petition to Circuit Court presented by Dis- Comments upon sections creating Commission, Third: Consideration of question of enforc- (a) Power of Congress to "regulate" com merce (b) Power of Congress to delegate its au thority PAGE 74 74 75 75 75 75 76 76 76 76 77 77 79 82 82 83 84 85 86 91 93 (c) Right to trial by jury under seventh (d) Question of costs considered (e) No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of an- other Principal office of Commission Reports of Commission to Secretary of Interior, 102 INTRODUCTION. PERHAPS ERHAPS no measure that ever passed Congress equals in importance the law which has now become famous under the name of the Inter-State Commerce Act. It is the first attempt on the 'part of the National Government to regulate, if not to control, a private commercial business; for, although the transportation of passengers and property is regarded as one in which the public has an interest, it is, in its main features, not different from any other private commercial occupation. The capital invested in such enterprises is generally furnished by individuals, and the business, in its financial features, is conducted purely for private gain. For the past few years, however, public attention has been steadily concentrating around the subject of the government of railroad corporations, and, step by step, the Legislatures of the different States have encroached upon the prerogatives of these bodies, and xi |