The Law of Interstate Commerce and Its Federal Regulation

Front Cover
T.H. Flood, 1912 - 805 pages
 

Contents

What is not commerce
15
Insurance and commerce
16
What are the subjects of commerce
17
Wild game and fish as subjects of commerce
20
Natural oil and gas as subjects of commerce
22
The commerce clause and the admiralty jurisdiction
23
Erie Canal subject to admiralty jurisdiction
25
Jurisdiction of federal courts in admiralty cases
26
When transit ends the original package in interstate com merce
30
The Wilson Bill of 1890
32
Limitations of state control of liquor traffic
33
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
The concurrent state power
40
The state power as to interstate telegraph companies
41
36
53
Rulings of the state courts on the commerce clause
59
No judicial formulation of extent of power
60
511
73
Federal cause of action in the state courts
75
Enlarged powers and jurisdiction of the Interstate Com
81
The labor legislation of congress
88
Regulation by the delegation of power
92
Federal regulation of employes performing both intrastate
100
The requirement of federal franchise for business corpora
113
79
128
SECTION 11
132
State holding companies
135
90
142
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
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 car 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
Prohibition of passes
241
The commodities clause
242
Switch connections
244
The establishment of through routes
246
Practical difficulties in the enforcement of reasonableness in rates
247
Standard of reasonableness under state statutes
249
The power of the commission in fixing rates
250
No power in the courts to fix rates
251
The federal courts on reasonableness of railroad rates
252
The value of railroad property as a basis for rate regulation
254
The unearned increment in valuation of railroad property in rate regulation
255
The relation of railroad rate to investment of earnings in property
256
Consideration of reasonableness in the courts
257
Rulings of the commission upon the reasonableness of rates
258
Limitation of the commissions power in fixing rates
259
Presumptions of reasonableness from established rates
260
Burden of proof
261
What is a reasonable rate
262
Res judicata with respect to rates
263
Through rates and local rates
264
Reasonableness in commutation rates
265
Relation of interstate to state rates
266
Rates as affected by development of country
267
The commerce court on interdependence of rates
268
Reasonableness of rates as dependent on character of traffic
269
Distance as a factor in rates
270
The commission on comparison of rates
271
Reasonableness and proportion
273
The commission on rate wars and reasonableness of rates
274
SECTION 2
275
Origin of the section
276
Purpose of the section
277
Effectiveness of the section The Act of February 19 1903
278
Common law as to discriminations
279
210
295
216
302
Connecting carrier not responsible for discrimination
310
Discrimination between domestic and foreign traffic in
312
Undue preference in classification
313
Competition created by carriers
323
Qualifications in the application of the competition rule
329
244
335
250
341
254
348
Undue preference in denying shippers the choice of route
355
The commission not concluded by ruling of state commis
362
Rights of connecting carriers as to milling in transit privi
377
SECTION 5
390
SECTION 7
413
Jurisdiction in equity for protection of interstate commerce
420
Removal of indicted persons to other districts for trial
436
Limitation of the power of the commission to enforce testi mony
451
Investigating powers of a grand jury in the United States courts
452
SECTION 13
454
The amendment of 1910
455
Pleadings and proofs
457
Demand for reparation must be specifically stated
458
Production of books and papers
459
The rulings of the commission as precedents
460
SECTION 14
461
The changed relation of the commission to the courts
462
Reports of decisions
464
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
SECTION 5
501
SECTION 19
503
The enforcement of reports by mandamus
509
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
550
Secret formula contracts under the act
551
SECTION 2
553
The Chicago Meat Trust indictment
555
Criminal conspiracy under the actThe overt act
556
Limitation of prosecutions for conspiracy
557
Corporation indictable for criminal conspiracy
558
Immunity of witnesses in criminal prosecutions under act
559
The plea of nolo contendere
560
SECTION 3
561
SECTION 4
562
The act under the general equity jurisdiction of the court
563
A state cannot enjoin under the act
564
Suits by the government for dissolution of unlawful com binations procedure
565
A decree in the Standard Oil case
566
SECTION 5
568
SECTION 6
570
SECTION 7
571
Plaintiff must show injury
572
State is not a person or corporation under this section
573
Danbury Hat case
574
The act as a defense in suits by alleged illegal combinations
575
No recovery under act for violation of Interstate Commerce Act
576
Selfincriminating testimony under the act
577
SECTION 8
578
THE EXPEDITION ACT 490 The Expedition Act
579
The amendment of 1910
581
The construction of the statute
582
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
SECTION 6
600
SECTION 6
602
The Employers Liability Act of 1906
612
Section 6 as amended
620
THE HOURS OF SERVICE ACT OF 1907
622
APPENDIX
631
Interlocking
649
Forms of procedure of the commission
655
Rules of practice of the commerce court
670
No distinction as to commodities subject of contract
738
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