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Political complexion and qualification of Com

missioners. Powers of Commission

First: To inquire into management of busi

68 69

ness, etc.





69 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
Sixth : Any one of Commissioners may insti-

tute proceedings, etc.
Seventh : Commission may require annual re-

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


administer oaths Method of procedure before Commission. Who may make complaint

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First : Any person, etc., complaining of any thing done, etc., or omitted, etc.

74 Second : Complaint forwarded by Railroad

Commission or Railroad Commissioner
of any State, etc.

74 Third : Commission may institute inquiry of its own motion

75 Proceedings, how begun

· 75 Contents of petition

75 Answer of carrier

Reparation or satisfaction by carrier ,
Trial, etc., by Commission .
When complaint not to be dismissed
Form of report of Commission.
Recording reports of investigation

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


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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


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


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