The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood, 1912 - 805 страници

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SECTION 4
58
Rulings of the state courts on the commerce clause
59
Enlarged powers and jurisdiction of the Interstate Com
81
The labor legislation of congress
88
Regulation by the delegation of power
91
The Department of Labor and Commerce
97
No judicial formulation of extent of power
100
The supremacy of federal regulation
101
Federal regulation of employes performing both intrastate and interstate service
102
The federal regulating power and state corporations
103
Limitations upon the federal authority in interstate com merce
105
Prohibition as a means of regulation
106
Regulation of commerce through the taxing power
107
The federal power of granting corporate charters
108
Federal incorporation as a means in the exercise of the com merce power
110
Relation of the states to federal corporations
111
The requirement of federal franchise for business corpora tions in interstate commerce
113
The development of the latent federal power in the regula tion of commerce
115
CHAPTER V
116
BUSINESS COMBINATIONS IN INTERSTATE COMMERCE 72 The demand for federal regulation of business combinations
117
The AntiTrust Act of 1890
119
Restraint of trade in interstate commerce under the common law
120
Constitutionality of the act
121
Railroads included in the act
122
A reasonable construction and reasonable restraints of trade distinguished
123
Direct and incidental restraint of trade
125
Suppression of competition must be substantial to be a re straint of trade
128
The modern law of restraint of trade
129
Illegal combinations in interstate commerce
130
Complete suppression of competition not essential
131
Monopoly within the meaning of the act
132
No application to commerce within a state
134
State holding companies
135
Restrictive sales in interstate commerce
137
commerce
145
94
151
The status of interstate railroad employes is that of free
158
Contempt in United States courts
164
CHAPTER VII
171
Jurisdiction of the federal courts not limited by state legis
180
Temporary injunction under act of 1910
186
Reasonableness and confiscation in regulation of rates
187
State rates determined without reference to interstate traffic
189
The supreme court on state regulation
190
Schedules of rates and special rates
191
The valuation of railroad property in state regulation
193
tion
194
The apportionment of railroad property in state regulation
195
Confiscation in state regulation how proved
196
Rate of profit necessary to avoid charge of confiscation
199
Protection of the carrier against discriminating state regu lation
200
The state power of regulation not limited to rates
202
The state antitrust laws and the fourteenth amendment
205
Classification in state railroad legislation
207
PART II
211
Section 1 of the Act of 1887
212
Section 1 as amended by Act of June 18 1910
213
Amendments to the section
217
All of interstate commerce not included
218
Parties subject to the act
220
Express companies under the act
222
Sleeping ear companies
223
Under common control management or arrangement for a continuous carriage
224
Transportation through a state
226
Interstate electric railroads
227
Receivers lessees and purchasers pendente lite
228
Place of incorporation of carrier immaterial
230
All instrumentalities of shipment or carriage
231
Commerce court on terminal facilities and plant facilities
233
Bulk grain storage as part of transportation
234
The amendments of section as to accessory charges
235
Refrigeration in transit
238
Private cars
240
The value of railroad property as a basis for rate regulation
254
Presumptions of reasonableness from established rates
260
Rates as affected by development of country
266
190
273
The party rate case
287
207
293
215
299
Giving passes to shippers prohibited
305
Discrimination in allowance to private transfer companies
311
Discrimination between domestic and foreign traffic in
312
234
322
240
329
244
335
250
341
Demurrage and other charges on privately owned cars
348
Undue preference in denying shippers the choice of route
355
Differentials between grain and grain products
361
Classification
364
Consultation of carriers in classification not illegal com bination
366
Power of commission in correcting classification
368
Reasonable regulations in classifications
369
Facilities for interchange of traffic
370
Discrimination in exacting prepayment from connecting carriers not unjust discrimination
371
Discrimination in exacting prepayment from shippers
372
State and municipal control of terminals
373
The charging of local rates not an unjust discrimination
374
The right of exclusive through routing
375
The commission on application for relief under the fourth section
386
The five trade zones for transcontinental traffic
387
SECTION 5
390
Controlling through routing by initial carrier is not pooling
391
Agreements not within the prohibition
392
The relation of the section to the AntiTrust Law of 1890
393
Pooling as a defense to action of the carrier
394
SECTION 6
395
History and amendment of the section
398
Effect of publication
399
SECTION 7
413
SECTION 9
421
Action for damages on account of discrimination
428
The incidental interference with commerce by a peaceable
434
Interstate Commerce CommissionHow appointed
438
Relevancy of testimony before the commission
450
364
461
SECTION 8
462
Section 15 as amended in 1910
466
The amendments of 1906 and of 1910
470
The constitutionality of the amendment of 1906 sustained
471
The enlarged powers of the commission under section
472
The establishment of through routes
473
Switch connections and through routing between steam and electric railway
474
The two year limitation of commissions orders
475
Selection of the route by the shipper
477
Jurisdiction over contracts of carriers
478
Allowances by carriers for shippers services must not in volve undue preference
479
The powers of the commission construed
480
SECTION 16
482
The amendments of 1906 and 1910
485
The saving of the right of trial by jury
486
The time limitations of actions for reparation
487
Jurisdiction of commission in awarding reparation
488
The jurisdiction of the commission in awarding general damages
489
Jurisdiction of federal and state courts in reparation actions
491
Prima facie effect of commissions orders in reparation
492
The procedure in actions in court
493
The judicial review of the commissions orders
494
The jurisdiction of the circuit courts
495
The commerce court on parties entitled to appeal from com missions orders
497
The finality of the order of the commission
498
SECTION 16A 397 Section 16a
499
SECTION 17
500
Salaries of commissioners secretary etc
501
The amendments of 1906 and 1910
508
SECTION 23
519
The Elkins Act as amended
522
The enactment and amendments to the act
526
The repealing clause of the Hepburn Act did not bar prior offenses
527
The validity and enforcibility of the act
528
The unit of offenses under the act The Standard Oil Com pany of Indiana case
529
Prior contracts and want of criminal intent no defenses
530
Conspiracy in rebating
531
What are rebates
532
Requisites of indictment under the act
533
THE ANTITRUST ACT OF 1890
535
Interstate transportation is subject to the act
536
Unlawful combinations in commerce other than transporta tion
537
The California Tile Trust case
538
The Chicago Meat Trust case
539
The Washington Shingle Trust case
540
The Chicago Board of Trade Bucket Shop case
542
Combinations held to be within the act
543
Agreements held not within the act
544
The Standard Oil case
545
The American Tobacco case
546
The Powder Trust case
547
Labor combinations
548
Employment of common agency not necessarily within the act
549
Patent monopoly not within the act
550
Secret formula contracts under the act
551
SECTION 2
553
Immunity of witnesses in criminal prosecutions under act
559
Suits by the government for dissolution of unlawful com
565
SECTION 7
571
Section 8 of the
578
The department of commerce and labor
584
SECTION 2
591
Section 4 of the act
597
SECTION 3
598
SECTION 6
600
The supreme court on prosecution for penalty under the act
601
SECTION 7
602
SECTION 8
603
risk
605
Responsibility of carrier for cars out of condition
606
AMENDMENT OF 1903 TO SAFETY ACT 525 Amendment of 1903
607
SAFETY ACT OF 1910
609
THE EMPLOYERS LIABILITY ACT 527 The Employers Liability Act of 1906
612
The act of 1906 invalid as to interstate carriers
613
The act of 1906 valid as to the District of Columbia and the territories
614
The amendatory act of April 5 1910
616
509
617
THE HOURS OF SERVICE ACT OF 1907
622
Press of business
629
Rules of practice of the commerce court
670
No distinction as to commodities subject of contract 139
738
No recovery under act for violation of Interstate Commerce
739
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Страница 438 - President; but their successors shall be appointed for terms of six years, except that any person chosen to fill a vacancy shall be appointed only for the unexpired time of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.
Страница 501 - All of the expenses of the Commission, including all necessary expenses for transportation incurred by the Commissioners or by their employees under their orders, in making any investigation, or upon official business in any other places than in the city of Washington, shall be allowed and paid on the presentation of itemized vouchers therefor approved by the Commission.
Страница 398 - States a civil penalty of not more than $5,000 for each violation, which shall accrue to the United States and may be recovered in a civil action brought by the United States.
Страница 11 - If, as has always been understood, the sovereignty of congress, though limited to specified objects, is plenary as to those objects, the power over commerce with foreign nations, and among the several states, is vested in congress as absolutely as it would be in a single government, having in its constitution the same restrictions on the exercise of the power as are found in the constitution of the United States.
Страница 212 - America in congress assembled, that the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment...
Страница 615 - ... the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee...
Страница 214 - railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term "transportation" shall include all instrumentalities of shipment or carriage.
Страница 612 - Every contract, combination in form of trust or otherwise, or conspiracy in restraint of trade or commerce in any Territory of the United States, or of the District of Columbia, or in restraint of trade or commerce between any such Territory and another, or between any such Territory or Territories, and any State or States or the District of Columbia, or with foreign nations, or between the District of Columbia and any State or States, or foreign nations, is hereby declared illegal.
Страница 213 - All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful.
Страница 441 - Such attendance of witnesses, and the production of such documentary evidence, may be required from any place in the United States, at any designated place of hearing.

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