The Law of Interstate Commerce and Its Federal Regulation

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T.H. Flood & Company, 1905 - 509ÆäÀÌÁö

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The requirement of Federal franchise for business corpora
84
The Federal judicial power and labor combinations
106
SECTION 7
110
Distinguished from common law conspiracy
113
The right of labor organization includes the right of repre
119
Mandatory injunctions in interstate commerce
127
Page
128
The limitations of the State authority in domestic traffic
130
The adoption of the Fourteenth Amendment
131
Procedure in Federal review of State regulation
132
Limitation by Federal authority of the States power in reg ulating interstate rates
133
What is reasonableness in the limitation of State authority
135
No definite standard of reasonableness in railroad rates
137
Protection of the carrier against discriminating State leg islation
138
Extent of the State power of regulation
139
The State AntiTrust Laws and the Fourteenth Amendment
140
Classification in State railroad legislation
142
PART II
145
The Act to regulate commerce
146
Parties subject to the Act
147
Express companies
148
Under common control management or arrangement for a continuous carriage
149
Transportation through a State
150
Receivers lessees and purchasers pendente lite
151
Place of incorportation of the carrier immaterial
152
All instrumentalities of shipment or carriage
153
Carriage of live stock and perishable property
155
Refrigeration in transit
156
Charges must be reasonable and just
158
Practical difficulties in the enforcement of reasonableness in rates
159
Standard of reasonableness under State statutes
160
The Commission has no power to fix rates
161
No power in the courts to fix rates
162
The Federal courts on reasonableness in railroad rates
163
The capitalization of railroads as a basis for rates
164
Through rates and local rates
165
The Commission on through and local rates
167
Responsibility for through rates
169
Reasonableness under sections 1 and 3
170
Rulings of the Commission upon the reasonableness of rates
171
The burden of proof before the Commission
172
The Commission on cost of service and needs of the shipper
173
The Commission on the character of the traffic
174
The Commission on comparison of rates
175
Relation to State local rates
176
The Commission on rate wars and reasonableness of rates
177
Illustrative cases upon specific rates
178
SECTION 2
180
Origin of the section
181
Purpose of the section
182
Effectiveness of the section Act of Feb 19 1903
183
Common law as to discriminations
184
Just and unjust discriminations at common law
186
Difference in charge based upon difference in service
189
Circumstances and conditions of through traffic and local traffic are dissimilar
190
The Party Rate case
192
Wholesale rates in freight and passenger traffic distin guished
194
Discrimination not unjust when based on special service
195
Discrimination in application of carload rates
197
Cargo rates discriminative
198
Discrimination through interest in connecting company
200
Discrimination in the storage of goods etc
202
Stoppage in transit privileges
203
Unlawful discrimination through abuse of stoppage in tran sit privileges
204
Unjust discrimination in passenger service
205
Giving passes to shippers prohibited
206
Retention of overcharge
208
Enforcement by injunction
209
Effect of rebates upon contracts of affreightment
210
SECTION 3
211
Undue or unreasonable preference or advantage forbidden
212
Relation to sections 1 and 2
214
Preferences of localities enforced by competition are not undue
215
Application of the competition rule
216
Discrimination between domestic and foreign traffic in
217
Application of the import rule to intermediate points on the line
219
Competition created by carriers
220
The basing point system not illegal
221
Grouping of rates
222
Qualifications in the application of the competition rule
224
Recognition of natural advantages of localities not an undue preference
226
Competing cities on opposite banks of river
227
Differentials between competitive cities
228
Form of undue preference immaterial
230
Undue discrimination in time of closing freight stations
231
Discrimination by carrier in its own favor
234
Exclusive use of excursion or sleeping cars of one owner
236
Interference by State Railroad Commission with propor
237
tional tariff rates
238
Undue preference in denying shippers the choice of route
240
Undue preference in arbitrary division of territory
241
Rate wars and undue preferences
242
Discrimination in kinds of traffic
243
Preference against trafficMust involve injury
244
A reasonable regulation of carload weights not preferential
245
State and municipal control of terminals
255
The charging of local rates an undue discrimination
256
The rights of exclusive through routing
257
Contract rights of trackage
258
Rights of connecting carriers as to milling in transit privi leges
259
SECTION 4
260
Under similar circumstances and conditions
261
Competition under section 4 and under section 2
262
Over the same line
263
The proviso of the section
264
SECTION 5
266
rier
267
Agreements not within the prohibition
268
The relation of the section to the AntiTrust Law of 1890
269
Pooling as a defense to action of the carrier
270
SECTION 6
271
Amendments
273
Effect of publication
274
Enforcibility of unpublished rate against the carrier
275
What is included in schedules
277
What is sufficient publication and filing
278
Joint tariffs and through rates
279
Published joint rates must be duly authorized
280
Application to export and import rates
281
Continuous carriage of freights from place of shipment to place of destination
283
Liability of common carriers for damages
284
Plaintiff must show injury
285
Assignability of claims
286
Jurisdiction of the Federal courts in equity under the Act
287
Jurisdiction in equity for protection of interstate commerce
290
SECTION 9
292
SECTION 10
294
Amendments of 1889
295
Summary of amendments of 1903
296
The incidental interference with commerce by a peaceable strike not a violation of the section
297
Construction of the statute
298
Removal of indicted persons to other districts for trial
299
259a Limitation of criminal prosecution under the Act
300
SECTION 11
301
SECTION 12
303
Amendments
305
Immunity of corporations from selfincrimination
306
Probative effect of enforced selfincriminating testimony
309
Power of the court to enforce testimony before the Commis sion sustained
310
General powers of the Commission
311
SECTION 13
314
Pleadings and proofs
315
Burden of proof
316
Production of books and papers
317
The rulings of the Commission as precedents
318
SECTION 14
319
The Commission as a general referee
320
Claims for reparation before the Commission
321
Reports of decisions
322
SECTION 15
323
SECTION 16
324
The saving of the right of trial by jury
326
Limitations of actions for reparation
327
Jurisdiction of the Circuit Court
328
Parties defendant
329
The revisory power of the court
330
Injunction
331
The provision as to supersedeas applies only to appeals from Circuit Courts
332
SECTION 17
333
SECTION 18
334
Principal office of the Commission etc
335
The section permissive only
341
Section 3 Proceedings to enjoin departure from published
347
The Tennessee California and Ohio Coal cases
353
The Washington Shingle Trust case
354
The Kansas City Live Stock Exchange cases 355
355
Agreements not within the Act
356
Certain agreements not to enter into competition not within the Act
357
SECTION 2
359
SECTION 3
361
SECTION 4
362
A State cannot enjoin under the Act
363
SECTION 5
365
SECTION 6
366
SECTION 7
367
Plaintiff must show injury
368
A State is not a person or corporation under section 7
369
Limitation in private actions
370
The Act as a defense in patent litigation
371
348 Section 8 of the Act
373
THE SAFETY ACT OF 1893 AMENDED 1896
379
SECTION 3
385
Section 7 of the Act
389
FEDERAL LABOR STATUTES
395
PROCEDURE BEFORE INTERSTATE COMMERCE
402
FORMS IN PROCEEDINGS BEFORE THE COMMISSION
411
TABLE OF COMMISSION RULINGS
428
TABLE OF COMMISSION ON REASONABLENESS OF RATES AND DISPOSI
498
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304 ÆäÀÌÁö - Commission (and produce books and papers if so ordered) and give evidence touching the matter in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof.
10 ÆäÀÌÁö - 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.
260 ÆäÀÌÁö - Act to charge and receive as great compensation for a shorter as for a longer distance; provided, however, that upon application to the Commission appointed under the provisions of this Act, such common carrier may. in special cases, after investigation by the Commission, be authorized to charge less for longer than for shorter distances...
304 ÆäÀÌÁö - Reasonable notice must first be given in writing by the party or his attorney proposing to take such deposition to the opposite party or his attorney of record, as either may be nearest, which notice shall state the name of the witness and the time and place of the taking of his deposition.
303 ÆäÀÌÁö - 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.
303 ÆäÀÌÁö - ... the costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States...
396 ÆäÀÌÁö - States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term
306 ÆäÀÌÁö - But no person shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing, concerning which he may testify, or produce evidence, documentary or otherwise, before said commission, or in obedience to its subpoena, or the subpoena of either of them, or in any such case or proceeding : Provided, that no person so testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
146 ÆäÀÌÁö - 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...
110 ÆäÀÌÁö - If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose...

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