The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood, 1912 - 805 страници
 

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Natural oil and gas as subjects of commerce
22
The commerce clause and the admiralty jurisdiction 14 Erie Canal subject to admiralty jurisdiction
25
Jurisdiction of federal courts in admiralty cases 16 State corporations in interstate commerce
26
When transit ends the original package in interstate com merce
32
Limitations of state control of liquor traffic 20 A state cannot tax interstate commerce
34
But a state can tax the property employed in interstate com merce
35
State power of taxation of corporations engaged in interstate commerce summarized
37
CHAPTER II
38
5
39
44
45
Limitation of state power in stoppage of through trains
46
State regulation of contractual relations of interstate rail road and shippers
48
State regulation under rules of common law in state courts 34 The concurrent jurisdiction in live stock inspection laws 35 Effect of congressional legi...
49
State quarantine laws
53
Freedom of interstate commerce
55
Congressional inaction in foreign and interstate commerce distinguished
57
Attachment of foreign railroad cars
58
Rulings of the state courts on the commerce clause
59
CHAPTER III
63
State regulation of railways in the United States
67
Governmental regulation of railways in England
68
The common law in interstate commerce
69
Federal and state courts in the federal regulation of inter state commerce
71
511
73
Federal cause of action in the state courts 49 Genesis of the Interstate Commerce Act
75
Passage of the Interstate Commerce
76
6
80
7
81
8
84
The commerce court
85
Regulation of bridges and ferries over navigable rivers
86
Regulation of telegraph and telephone companies
89
The release of the federal regulating power 48 49 50 51 53 64 57 58 59 63 ខ ៩ ២ ខ ៩៩ 64 66 67 68 69 71 81 85 86 89
91
Regulation by the delegation of power
92
11
93
Additional acts of congress in the regulation of commerce
94
59
97
12
99
Relation of the states to federal corporations
111
The Department of Labor and Commerce 74 75 76
117
distinguished
123
80
129
State holding companies
135
The labor legislation of congress 142 88 89
142
Regulation of interstate commerce in relation to labor 1 43
143
The courts on labor combinations in relation to interstate commerce
145
Interstate commerce and railroad labor organization 92 Business boycotts in interstate commerce 93 94 145 145
147
15
148
The law of conspiracy in interstate commerce
151
464
152
Distinguished from commonlaw conspiracy
154
Interstate commerce in relation to employes therein
155
Picketing and soliciting in interstate commerce
157
The status of interstate railroad employes is that of free 154
158
The right of labor organization includes the right of repre sentation
160
Injunction in interstate commerce 101 Contempt in United States courts
164
Direct and indirect contempts
165
Criminal and civil contempts
166
Conspiracy and contempt 105 Mandatory injunctions in interstate commerce
169
Federal review of state regulation of railroads 113 The federal jurisdiction must be invoked on substantial
171
State cannot regulate any part of interstate rates
174
Competitive effect of intrastate rates upon interstate rates
175
The fourteenth amendment
177
134
178
292
197
135
211
185
212
17
223
20
224
Transportation through a state
226
Bulk grain storage as part of transportation
234
22
241
23
251
25
256
What is a reasonable rate
262
The commerce court on interdependence of rates
268
The commission on rate wars and reasonableness of rates
274
Discrimination in charge based upon differences in service
275
The supreme court on forwarding agents in carload rates
293
Private cars
295
Discrimination between domestic and foreign traffic in
312
Undue preference in classification
313
warehouses
325
Competing cities on opposite banks of rivers
332
The commissions regulations of coal car service sustained
343
Exclusive use of excursion or sleeping cars of one owner
349
26
401
Failure to post rate in stations
402
Claims for misrouting
403
Status of carriers as shippers or consignees
405
Preferences of localities enforced by competition are
406
What is sufficient publication and filing
407
Joint tariffs and through rates
408
Responsibility for through rates
409
Published joint rates must be duly authorized
410
The commissions power of modification as to filing of tar iffs
411
SECTION 7
413
SECTION 8
414
Plaintiff must show injury
415
Allowance of attorneys fee as costs
416
Assignability of claims
417
Jurisdiction of the federal courts in equity under the act
418
Jurisdiction in equity for protection of interstate commerce
420
SECTION 9
421
Jurisdiction in equity under the act as amended
423
Action for damages on account of discrimination
426
Judicial application of section
428
SECTION 10
430
Amendments to the section
432
Illegal combinations under section 10
433
The incidental interference with commerce by a peaceable strike not a violation of the section
434
Construction of the statute
435
Removal of indicted persons to other districts for trial
436
Limitation of criminal prosecution under the act
437
8341
438
Power of the court to enforce testimony before the commis
449
362
454
Pleadings and proofs
457
Section 15 as amended in 1910
466
SECTION 16
474
381
482
Jurisdiction of commission in awarding reparation
488
The judicial review of the commissions orders
494
SECTION 17
500
SECTION 4
501
SECTION 19
503
30
505
SECTION 21
512
SECTION 23
519
The Elkins Act as amended
522
What are rebates
532
The amendment of 1910 not retroactive
535
SECTION 2
544
Patent monopoly not within the
550
454
553
A decree in the Standard Oil case
562
SECTION 7
568
Limitations
577
SECTION 8
578
THE EXPEDITION ACT 1 490 The Expedition Act
579
THE DEPARTMENT OF COMMERCE AND LABOR 494 The department of commerce and labor
583
Section 6 of the act
584
The remaining sections of the act
585
THE SAFETY ACT OF 1893 AMENDED 1896
586
appliances
588
Petition and procedure under the act
589
The act in the state courts
590
SECTION 2
591
Automatic couplers of different makes
592
An absolute duty imposed upon carriers by the act to pro vide and maintain automatic equipment
593
When cars are in interstate commerce
594
SECTION 3
596
The delegation of power sustained
598
Amendment of 1903
607
What is employment in interstate commerce
612
THE HOURS OF SERVICE ACT OF 1907
622
Press of business
629
The commerce court on parties entitled to appeal from com
631
Report of the National Securities Commission
674
570
709
37
710
40
711
605
717
The finality of the order of the commission
719
616
730
649
733
Application of the competition rule
747
495
752
651
768
497
789
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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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