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U. S. 205 [28: 959]; Hamilton v. Vicksburg R. Co. 119 U. S. 281 [30: 394]; Huse v. Glover, 119 U. S. 546 [30: 489]. These were all cases of the erection of bridges and other structures within the limits of States, and under their authority, across public navigable waters of the United States. They were held not to be forbidden by the Constitution, although such structures actually interfered with interstate commerce. In Gilman v. Philadelphia and Cardwell v. American Bridge Co. the bridges were without draws, entirely preventing the passage of boats to points, in one case, where the tide ebbed and flowed, and, in both cases, to points where commerce had been previously carried on. In Hamilton v. Vicksburg R. Co. the court said: "What the form and character of the bridges should be, that is to say, of what height they should be erected, and of what materials constructed, and whether with or without draws, were matters for the regulations of the State, subject only to the para mount authority of Congress to prevent any unnecessary obstruction to the free navigation of the streams. Until Congress intervenes in such cases, and exercises its authority, the power of the State is plenary. When the State provides for the form and character of the structure its directions will control, except as against the action of Congress, whether the bridge be with or without draws, and irrespective of its effect of navigation.'

that State, used for the transportation of persons, passengers or freight, without first undergoing an examination by, and obtaining a license from, a board of engineers appointed by the Governor of Alabama. If a train of cars passed through that State to New Orleans, the engineer, however well qualified for his station, if not licensed by that local board, was subject to be fined not less than $50 nor more than $500, and sentenced to hard labor for the county, for not more than six months. The court held that this statute is not, considered in its own nature, a regulation of interstate commerce;" that "It is properly an Act of legislation within the scope of the admitted power reserved to the States to regulate the relative rights and duties of persons, being and acting within its territorial jurisdiction, intended to operate so as to secure for the pub lic safety of person and property;" and that "So far as it affects transactions of commerce among the States, it does so only indirectly, incidentally, and remotely, and not so as to burden or impede them; and in the particulars on which it touches those transactions at all it is not in conflict with any express enactment of Congress on the subject, nor contrary to any intention of Congress to be presumed from its silence." Until Congress, by legislation, prescribed the qualification of locomotive engineers employed by railroad companies en gaged in the transportation of passengers and goods among the States, Alabama, it was ad judged, could fix the qualifications of such engineers, even when running in that State trains employed in interstate commerce.

But, perhaps, the language of this court-all the judges concurring-which most directly bears upon the question before us is found in County of Mobile v. Kimball, 102 U. S. 691, 701 [26: 238. 241], reaffirming Wilson v. Blackbird It would seem that if the Constitution of the Creek Marsh Company. It was there said: "In United States does not, by its own force, dis the License Cases, 46 U. S. 5 How. 504 [12: place or annul a state law, authorizing the 256], which were before the court in 1847, construction of bridges or dams across public there was great diversity of views in the opin- navigable waters of the United States, thereby ions of the different judges upon the operation wholly preventing the passage of vessels en of the grant of the commercial power of Congaged in interstate commerce upon such wa gress in the absence of congressional legislation. Extreme doctrines upon both sides of the question were asserted by some of the judges; but the decision reached, so far as it can be viewed as determining any question of construction, was confirmatory of the doctrine that legislation of Congress is essential to prohibit the action of the States upon the subject thus considered." This language is peculiarly significant in view of the fact that in one of the License Cases-Pierce v. New Hampshire, 46 U. S. 5 How. 504, 557, 578 [12: 256, 280, 289]-the question was as to the validity of an Act of that State, under which Pierce was indicted, convicted, and fined, for having sold, without a local town license, a barrel of gin, which he purchased in Boston, transported to Dover, New Hampshire, and there sold in the identical cask in which it was carried to that

State from Massachusetts.

In harmony with these principles the court affirmed at the present term, in Smith v. Alabama, 124 U. S. 465 [31: 508], the validity of a Statute of that State, making it unlawful for a locomotive engineer, even when his train is employed in interstate commerce, to drive or operate any train of cars upon a railroad in

ters, the same Constitution ought not to be
held to annul or displace a law of one of the
States, which, by its operation, forbids the
bringing within her limits, from other States,
articles which that State, in the most solemn
manner, has declared to be injurious to the
health, morals and safety of her people. The
silence of Congress upo the subject of inter-
state commerce, as affected by the police laws
of the States, enacted in good faith to promote
the public health, the public morals and the
public safety, and to that end prohibiting the
manufacture and sale, within their limits, of
intoxicating liquors to be used as a beverage,
ought to have, at least, as much effect as the
silence of Congress in reference to physical
obstructions placed, under the authority of a
State, in a navigable water of he United
States. The reserved power of the States to
guard the health, morals and safe of their
people is more vital to the existence society
than their power in respect to trade ad com-
merce having no possible connectio
those subjects.

with

to disFor these reasons we feel constrained the sent from the opinion and judgment court.

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INTERSTATE COMMERCE REPORTS.

VOL. I.

APPENDIX I.

RULES OF PRACTICE ADOPTED BY THE COMMISSION.

The Interstate Commerce Commission adopted the following rules of prac

tice in cases and proceedings before it:

1. When at Washington the Commission will hold its general sessions at 11 Daily sessions at o'clock A. M., daily, except Saturdays and Sundays, for the reception and hearWashington. ing of petitions and complaints and for the transaction of such other business as may be brought before it. The sessions will be held at the office of the Commission in The Sun building, No. 1315 F. Street, northwest. When special sessions are held at other places such regulations as may be necessary will be made by the Commission.

2. Applications under the fourth section of the Act for authority to charge Applications under section 4; peless for longer than for shorter distances for the transportation of passengers or tition; verificaproperty must be made by petition addressed to the Commission by the carrier tion; notice. or carriers desiring relief. The petition must state with particularity the extent of the relief desired and the points at and between which authority is asked to charge less for longer distances; the reasons for the relief sought must also be set forth, and the facts upon which the application is founded. The petition must be verified by some officer or agent of the carrier in whose behalf it is presented, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant. Notice must be published by a petitioner in not less than two newspapers along the line of the road having general circulation, for at least ten days prior to the presentation of a petition, stating briefly the nature of the relief intended to be applied for and the time when the application will be presented, and proof of each publication must be filed with the petition.

3. Upon the presentation of a petition for relief an investigation will be made Investigation by Commission. by the Commission at a time and place to be designated, when testimony will be received for and against the prayer of the petition. After investigation the Commission will make such order as may appear to be just and appropriate upon the facts and circumstances of the case.

4. Complaints, under section 13 of the Act, of anything done or omitted to be Complaints undone by any common carrier subject to the provisions of the Act, in contraven- der section 13. tion of the provisions thereof, must be made by petition, which must briefly state the facts which are claimed to constitute a violation of the Act, and must be verified by the petitioner, or by some officer or agent of the corporation, society, or other body or organization making the complaint, to the effect that the allegations of the petition are true to the knowledge or belief of the affiant.

Copies of complaint.

The complainant must furnish as many written or printed copies of the complaint or petition as there may be parties complained against to be served. When a complaint is made, the name of the carrier complained against must Names and adbe set forth in full, and the address of the petitioner and the name and address of dresses to be set his attorney or counsel, if any, must be indorsed upon the complaint.

forth.

ies.

The Commission will cause a copy of the complaint to be served upon each Service of copcommon carrier complained against, by mail or personally, in its discretion, with notice to the carrier or carriers to satisfy the complaint or to answer the same in writing within the time specified.

5. A carrier complained against must answer the complaint made within Answers within twenty days from date of notice, unless the Commission shall in particular cases twenty days; filing; verification. prescribe a shorter time for the answer to be served, and in such cases the answer must be made within the time prescribed. The original answer must be filed

Hearing on complaint without an

swer.

Adjournment

and extension of time.

Hearing on issue joined.

Failure to answer.

Subpenas.

Depositions.

Amendments.

Copies.

Affidavits,

with the Commission at its office in Washington, and a copy thereof must at the same time be served upon the complainant by the party answering, personally or by mail. The answer must admit or deny the material allegations of fact contained in the complaint, and may set forth any additional facts claimed to be material to the issue. The answer must be verified in the same manner as the complaint. If a carrier complained against shall make satisfaction before answering, a written acknowledgment of satisfaction must be filed with the Commission, and in that case the fact of satisfaction without other matter may be set forth in the answer fled and served on the complainant. If satisfaction be made after the filing and service of an answer, a supplemental answer, setting forth the fact of satisfaction, may be filed and served.

6. If a carrier complained against shall deem the complaint insufficient to show a breach of legal duty, it may, instead of filing an answer, serve on the complainant notice for a hearing of the case on the complaint; and in case of the service of such notice the facts stated in the complaint will be taken as admitted. The filing of an answer will not be deemed an admission of the sufficiency of the complaint, but a motion to dismiss for insufficiency may be made at the hearing.

7. Adjournments and extensions of time may be granted upon the application of parties in the discretion of the Commission.

8. Upon issue being joined by the service of answer, the Commission, upon request of either party, will assign a time and place for hearing the same, which will be at its office in Washington, unless otherwise ordered. Witnesses will be examined orally before the Commission, except in cases when special orders are made for the taking of testimony otherwise. The petitioner or complainant must in all cases prove the existence of the facts alleged to constitute a violation of the Act, unless the carrier complained of shall admit the same or shall fail to answer the complaint. Facts alleged in the answer must also be proved by the carrier, unless admitted by the petitioner on the hearing.

In cases of failure to answer, the Commission will take such proof of the charge as may be deemed reasonable and proper, and make such order thereon as the circumstances of the case appear to require.

9. Subpenas requiring the attendance of witnesses will be issued by any member of the Commission in all cases and proceedings before it, and witnesses will be required to obey the subpenas served upon them requiring their attendance, or the production of any books, papers, tariffs, contracts, agreements, or documents relating to any matter under investigation or pending before the Commission.

Upon application to the Commission authority may be given, in the discretion of the Commission, to any party to take the deposition of any witnesses who may be shown for some sufficient reason to be unable to attend in person. 10. Upon application by any petitioner or party, amendments may be allowed by the Commission, in its discretion, to any petition, answer or other pleading, in any proceeding before the Commission.

11. Copies of any petition, complaint or answer in any matter or proceeding before the Commission, or of any order, decision or opinion, by the Commission, will be furnished upon application by any person or carrier desiring the be- same, upon payment of the expense thereof.

fore whom taken.

12. Affidavits to a petition, complaint or answer may be taken before any officer of the United States, or of any State or Territory, authorized to administer

oaths.

Promulgated May 25, 1887

INTERSTATE COMMERCE REPORTS.

VOL. I. APPENDIX II.

AMENDMENT TO RULES OF PRACTICE.

At the general session of the Interstate Commerce Commission which was held June 15, 1887, the following amendment of the Rules of Practice was adopted, that is to say:

It was ordered, that Rule IX of the Rules of Practice be modified to the extent that where a cause is at issue on petition and answer, each party may proceed at once to take depositions of witnesses in the manner provided by sections 863 and 864 of the Revised Statutes of the United States, and transmit them to the Secretary of the Commission, without making any application to, or obtaining any authority from, the Commission for that purpose.

[See 1 Inters. Com. Rep. 410 ]

INTERSTATE COMMERCE REPORTS.

APPENDIX III. ENGLISH STATUTES.

THE RAILWAY AND CANAL TRAFFIC ACT, 1854.

(17 & 18 Vict. c. 31.)

Accu Railways and Canals.
N Act for the better Regulation of the Traf- | when the distance between such stations, ter-

(10th July, 1854.)

ABSTRACT OF THE ENACTMENTS.

1. Meaning of "Board of Trade," "Traffic;" "Railway," "Canal," "Company," Stations. 2. Duty of railway companies to make arrangements for receiving and forwarding traffic, without unreasonable delay, and without partiality.

3. Parties complaining that reasonable facilities for forwarding traffic, etc., are withheld, may apply by motion or summons to the superior

courts.

mini, or wharves shall not exceed one mile, such stations not being situated within five miles from St. Paul's Church, in London.

2. Every railway company, canal company, and railway and canal company, shall, according to their respective powers, afford all reasonable facilities for the receiving, and forwarding and delivering of traffic upon and from the several railways and canals belonging to, or worked by, such companies respectively, and for the return of carriages, trucks, boats, and other vehicles, and no such company shall make or give any undue or unrea sonable preference or advantage to or in favor of any particular person or company, or any particular description of traffic, in any respect 5. Court or judge may order a rehearing. whatsoever, nor shall any such company sub6. Mode of proceeding under this Act. ject any particular person or company, or any 7. Company to be liable for neglect or default particular description of traffic, to any undue in the carriage of goods, notwithstanding notice or unreasonable prejudice or disadvantage in to the contrary-Company not to be liable beyond any respect whatsoever; and every railway a limited amount in certain cases, unless the value company and canal company, and railway and declared and extra payment made-Proof of canal company having or working railways or value to be on the person claiming compensation canals which form part of a continuous line of No special contract to be binding unless signed-railway or canal, or railway and canal commuSaving of Carriers' Act, 11 Geo. 4 and 1 Wm.

4. Judges may make such regulations as may be necessary for proceedings under this Act.

4, c. 68.

8. Short title.

1. In the construction of this Act "the board of trade" shall mean the lords of the committee of Her Majesty's privy council, for trade and foreign plantations.

The word "traffic" shall include not only passengers and their luggage and goods, animals and other things conveyed by any railway company or canal company, or railway and canal company, but also carriages, wagons, trucks, boats, and vehicles of every descrip tion, adapted for running or passing on the railway or canal of any such company.

The word "railway" shall include every station of or belonging to such railway, used for the purposes of public traffic; and the word "canal" shall include any navigation whereon tolls are levied by authority of Parliament, and also the wharves and landing places of and be longing to such canal or navigation, and used for the purposes of public traffic.

The expression "railway company," "canal company," or "railway and canal company,' shall include any person being the owner or lessee of, or any contractor working any railway, or canal or navigation, constructed or carried on under the powers of any Act of Parliament.

A station, terminus, or wharf shall be deemed to be near another station, terminus, or wharf,

nication, or which have the terminus, station, or wharf of the one near the terminus, station, or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding all the traffic arriving by one of such railways or canals by the other, without any unreasonable delay, and without any such preference or advantage, or prejudice or disadvantage, as aforesaid, and so that no obstruction may be offered to the public desirous of using such railways or canals, or railways and canals as a continuous line of communication, and so that all reasonable accommodations may, by means of the railways and canals of the several companies, be at all times afforded to the public in that behalf.

3. It shall be lawful for any company or person complaining against any such companies or company of anything done, or of any omission made in violation or contravention of this Act, to apply in a summary way, by motion or summons, in England to Her Majesty's court of common pleas at Westminster, or in Ireland to any of Her Majesty's superior courts in Dublin, or in Scotland to the court of session in Scotland, as the case may be, or to any judge of any such court; and upon the certif cate to Her Majesty's attorney-general in England or Ireland, or Her Majesty's lord advo cate in Scotland, of the board of trade alleging any such violation or contravention of this Act by any such companies or company, it shall

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