The Law of Interstate Commerce and Its Federal RegulationT.H. Flood, 1912 - 805 страници |
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Страница xiii
... unreasonable preference or advantage forbidden 228. Origin of the section .. 313 314 229 . Relation to sections 1 and 2 ...... 315 .... 230. Preferences of localities enforced by competition are not unjust 316 231 . Application of the ...
... unreasonable preference or advantage forbidden 228. Origin of the section .. 313 314 229 . Relation to sections 1 and 2 ...... 315 .... 230. Preferences of localities enforced by competition are not unjust 316 231 . Application of the ...
Страница 47
... unreasonable and an infringe- ment upon the constitutional guaranty of the freedom of in- terstate commerce . In determining the validity of a state order , requiring the stoppage of interstate railroad trains , the supreme court will ...
... unreasonable and an infringe- ment upon the constitutional guaranty of the freedom of in- terstate commerce . In determining the validity of a state order , requiring the stoppage of interstate railroad trains , the supreme court will ...
Страница 68
... unreasonable preference or advantage , using substantially the language adopted in the third section . 1 Budd v . New York , 143 U. S. 517 ( 1892 ) , 36 L. Ed . 247 ; Brass v . North Dakota , 153 U. S. 391 ( 1894 ) , 38 L. Ed . 757 ...
... unreasonable preference or advantage , using substantially the language adopted in the third section . 1 Budd v . New York , 143 U. S. 517 ( 1892 ) , 36 L. Ed . 247 ; Brass v . North Dakota , 153 U. S. 391 ( 1894 ) , 38 L. Ed . 757 ...
Страница 78
... unreasonable , and that they shall not unjustly dis- criminate , so as to give undue preference or disadvantage to per- sons or traffic similarly circum- stanced , the act to regulate com- merce leaves common carriers as they were at ...
... unreasonable , and that they shall not unjustly dis- criminate , so as to give undue preference or disadvantage to per- sons or traffic similarly circum- stanced , the act to regulate com- merce leaves common carriers as they were at ...
Страница 82
... unreasonable rates or un- just discriminatory practices which from their nature primarily require action by the commisson . In the Tift case the court , affirm ing 138 Fed . 753 , held that a cir- cuit court which had suspended ...
... unreasonable rates or un- just discriminatory practices which from their nature primarily require action by the commisson . In the Tift case the court , affirm ing 138 Fed . 753 , held that a cir- cuit court which had suspended ...
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action affirmed Anti-Trust Anti-Trust Act applied authority Bridge cars charge circuit court coal combination commerce clause commerce court common carrier common law competition complainant consignee conspiracy constitution construction construed contract corporation court held court of appeals criminal damages decision declared determining discrimination district duty effect Elkins Act employes enacted enforcement engaged in interstate exercise federal power filed foreign freight I. C. C. Rep infra injunction inter Interstate Commerce Act Interstate Commerce Commission interstate railroad judicial jurisdiction legislation less than carload liability limited ment merce navigable operation opinion Pacific parties passengers persons power of congress prohibition provisions railroad company Railway rates reasonable regulate commerce restraint of trade road route rule shipment shipper Standard Oil statute suit supra supreme court sustained tariff telegraph territory terstate therein tion transportation United unjust unlawful unreasonable violation violative
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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.