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and state courts, have been referred to and discussed. In this way it has been sought to deduce the principles of the law.

The Interstate Commerce Act has been annotated, not only with the decisions of the courts, but also with the opinions of the Interstate Commerce Commission. This will enable one desiring to investigate a particular provision of that Act to trace the construction thereof by the references which have been made thereto by the tribunals whose duty it is to enforce this great statute.

While few lawyers have given special attention to the questions here discussed, the widening scope of interstate commerce makes it necessary that all practitioners shall be ready to advise clients as to their rights and liabilities growing out of the law relating to transportation.

Claims for overcharge, for loss and for damage on shipments moving from one state to another arise in the business of most manufacturers, jobbers and merchants. The law fixing the rights growing out of such shipments is found in the statutes and decisions of the Federal Government. To make the laws more easily available and understandable is a purpose of this work. With what success that purpose has been effected must be determined by those who may make use of what is herein set down.

EDGAR WATKINS. Atlanta, Ga., Oct. 1, 1930.




§ 1. Scope of Chapter.

2. Interstate Commerce Defined.

3. Power of Congress Exclusive, When.

4. Specific Exercise of Congressional Power in Assuring Adequate Trans-

portation Service for the Country.

5. Power of the States Indirectly to Affect Interstate Commerce.

6. Commerce Within the Exclusive Control of the States.

7. All Commerce Subject to Regulation.

8. Eminent Domain.

9. States May Establish Means for Interstate Transportation.

10. Regulation of Facilities-Depots.

11. Regulation of Facilities—Terminal Roads.

12. State Laws Forbidding the Consolidation of Competing Carriers.

13. Regulation of Facilities—Spur Tracks.

14. Requiring Physical Connections Between Carriers.

15. Delivery over Connecting Tracks.

16. Regulating Crossings.

17. Elevator Charges.

18. Through Routes and Joint Rates.

19. Regulation of the Movement of Trains--Sunday Law.

20. Same Subject-Requiring the Operation of a Particular Train.

21. Same Subject--Speed of Trains.

22. Requirement That Trains Shall Stop at Particular Stations.

23. State Regulation of Carriers and Their Employees.

24. Blowing Whistle and Checking Speed at Crossings.

25. Furnishing Cars for the Receipt and Delivery of Shipments.

26. Same Subject-Rule Since Hepburn Act.

27. Same Subject-Rule Established.

28. Requirements as to Accounting and Reports.

29. Transmission and Delivery of Telegraph and Telephone Messages.

30. Separate-Coach Laws.

31. Posting Time of Trains.

32. Laws to Promote the Security and Comfort of Passengers.

33. Laws Limiting or Enlarging the Common-Law Liability of Carriers.

34. Same Subject-Liability to Employees.

35. Congressional Regulation of Loss and Damage Claims.

36. Requiring Railroads to Perform Transportation Service.

37. Sale and Regulation of Passenger Tickets.

38. Same Subject-Mileage Books-Party-Rate Tickets.

39. Free Transportation.

40. Routing Freight.


$82. All Charges Must Be Reasonable.

83. Rule Applies to Accessorial Services.

84. Classification.

85. Class and Commodity Rates.

86. The Consolidation of Freight Classifications.

87. Modern Tendency Toward the Making of Commodity Rates in Relation

to Class Rates.

88. Uniformity of Relationships Between Classes in the Class-Rate Scales.

89. Minimum-Rate Power of the Commission.

90. Cost of Service.

91. Some of the Principal Elements of the Cost of Service.

92. Valuation of Common-Carrier Property.

93. What is a Reasonable Return to the Carrier ?

94. When Carrier's Duty to Furnish Service.

95. Value of Service.

96. Use to Which Commodity is Put.

97. Cost of Assembling Theory.

98. Value of the Commodity, Its General Utility and Danger of Loss.

99. Value of the Commodity-Difference Between the Raw and the Manu-

factured Product.

100. Competition or Its Absence Considered in Determining Reasonableness

of Rate.

101. Limitations on the Observance of Competition in Rate-Making.

102. Rates Affected by Amount of Tonnage.

103. Density of Traffic.

104. Distance and Revenue Per Ton-Mile.

105. Multiple-Line Hauls.

106. General Business Conditions.

107. The Hoch-Smith Resolution and Its Effect on Rate-Making.

108. Estoppel.

109. Rates Long in Existence Are Presumed to Be Reasonable.

110. Same Subject.

111. Voluntary Reductions of Rates.

112. Effect of Act of June 18, 1910, on Voluntary Rate Reductions.

113. Grouping Territory and Giving Each Group Same Rate Legal Under

Some Circumstances.

114. Grouping Producing Points and Making Zones Taking Same Rates.

115. Basing-Point System.

116. Breaking Rates at the Territorial Gateways.

117. Comparisons Between Different Lines as a Means of Determining Cor.

rect Rates.

118. Carload and Less-than-Carload Movements as Affecting the Rate.

119. Establishing Carload Rates.


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