69 Sixth Any one of Commissioners may insti 70. and complete information Fourth Power to require attendance of witnesses, production of books, etc. Fifth May invoke aid of U. S. courts. Duty of U. S. courts in premises 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 17333 73. 74 74 74 First Any person, etc., complaining of any PAGE 74 74 Comments upon sections creating Commission, tion examined. Third: Consideration of question of enforc- (a) Power of Congress to "regulate" com merce . (b) Power of Congress to delegate its au 77 79 82 82 83 84 85 86 thority (c) Right to trial by jury under seventh amendment to Constitution of U. S. (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 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 |