PAGE Political complexion and qualification of Com missioners. Powers of Commission First: To inquire into management of busi 68 69 ness, etc. 69 . 69 69 69 70 . 70 70 . 71 73 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 nesses, production of books, etc. Fifth : May invoke aid of U. S. courts . Duty of U. S. courts in premises tute proceedings, etc. ports Rules of, and practice before, Commission First : How Commission is to conduct pro ceedings. 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 administer oaths Method of procedure before Commission. Who may make complaint 73 73 73 73 73 73 74 74 74 . PAGE 76 76 76 76 First : Any person, etc., complaining of any thing done, etc., or omitted, etc. 74 Second : Complaint forwarded by Railroad Commission or Railroad Commissioner 74 Third : Commission may institute inquiry of its own motion 75 Proceedings, how begun · 75 Contents of petition 75 Answer of carrier 75 77 Decision of Commission and proceedings thereunder. 77 Failure of carrier to obey judgment 79 Appeal 82 Petition to Circuit Court presented by District Attorney, etc. 82 Comments upon sections creating Commission, 83 First : Powers of Commission analyzed. 84 Second : Commission's method of investigation examined. 85 Third : Consideration of question of enforcing the judgment of Commission 86 Fourth : Constitutional questions (a) Power of Congress to “regulate . com 91 (6) Power of Congress to delegate its au thority 93 (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 SALARY OF COMMISSIONERS, PRINCIPAL OFFICE, AND REPORTS OF COMMISSION, AND MISCELLANE- Principal office of Commission. Reports of Commission to Secretary of Interior, 102 Act takes effect April 5, 1887 IOI . IOI IOI IOI i 103 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 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 |
