POWER OF CONGRESS OVER INTERSTATE SEC. 2. Situation rendering necessary that the power be exercised by central II. NATURE OR QUALITY AND ORIGIN OF. SEC. 3. Definition or meaning of interstate commerce. SEC. 4. Absoluteness of the power. SEC. 5. Exclusiveness of the power. SEC. 6. Exercise of the power within the States. SEC. 7. Natural limitations of the power. SEC. 8. Judicial interpretation not governed by legislative definitions. SEC. 9. Adaptability of power to other purposes than regulation of commerce 1. In dealing with persons and things. SEC. 10. Indirect effect of state legislation upon interstate commerce. SEC. 11. Regulation must have substantial relation to commerce to be regu- SEC. 12. Further as to the relation-Distinction between interstate commerce SEC. 13. Agent for solicitation of interstate business within the power. SEC. 14. That statute contains exceptions; no valid objection. SEC. 15. Power extends over navigable waters within the States. SEC. 16. Power applies to international passenger traffic. SEC. 17. Applicability of power to instrumentalities. SEC. 18. Federal regulations may affect the business of all kinds of corpora- tions-Policy underlying the antitrust act. 2. With reference to division between Federal and State authority. SEC. 19. Supremacy of Federal power-Generally. SEC. 20. Supremacy of Federal power-Policy prompting giving Federal SEC. 21. Supremacy of Federal power-Greater benefits the policy control- ling the States in conferring. SEC. 22. Supremacy of Federal power-As against State laws regulating for- SEC. 23. Supremacy of Federal power-As against State laws affecting inter- SEC. 24. Supremacy of Federal power-As against State taxation of inter- 3 III. EXTENT AND SCOPE OF-Continued. 2. With reference to division between Federal and State authority-Continued. SEC. 25. Supremacy of Federal power-As against State laws in form of police regulations. SEC. 26. Supremacy of Federal power-As against State laws giving preference to local industries. SEC. 27. Supremacy of Federal power-As against State laws affecting passenger traffic. SEC. 28. Supremacy of Federal power-As against State laws affecting navigation. SEC. 29. Supremacy of Federal power-An obstacle to State regulation of interstate commerce even where Congress has not acted. SEC. 30. Proper sphere of State action-Generally. SEC. 31. Proper sphere of State action-Affecting construction, consolidation, SEC. 32. Proper sphere of State action-Laws affecting intrastate rates. SEC. 34. Proper sphere of State action-Laws governing sending and delivery SEC. 35. Proper sphere of State action-Local improvements on navigable waters. SEC. 36. Proper sphere of State action-Laws affecting food products. SEC. 37. Cases clearly stating line of demarcation between Federal and State authority. SEC. 38. Doctrine of certain earlier cases repudiated. SEC. 39. Federal power over foreign commerce exclusive and supreme. SEC. 40. Operation and effect of State statutes upon interstate commerce- SEC. 41. What the States may regulate in absence of congressional action. SEC. 43. Where uniformity of regulation essential, the matter is of Federal authority. SEC. 44. No interference between exercise of power and State control of corporations. SEC. 45. Purposes specified in corporate charter not a determining factor. SEC. 47. Cases where presumption of intrastate operation of statute prevailed. SEC. 49. State regulation must be reasonable. SEC. 50. State regulations may be adopted so as to become in fact Federal regulations. SEC. 51. Provision of Wilson act relating to interstate shipments of liquors construed. SEC. 52. Drawing line between legitimate State and Federal power often matter of judgment and discretion. SEC. 53. Departmental order held invalid because of want of distinction between State and Federal jurisdiction. IV. CHECKS AND LIMITATIONS UPON, ARISING FROM CONSTITUTIONAL PROHIBITIONS AND SAFEGUARDS. SEC. 54. Constitution leaves no room for play of purely arbitrary powers. SEC. 55. Constitutional rights to be vigilantly guarded. SEC. 56. Spirit of Declaration of Independence pervades Constitution. IV. CHECKS AND LIMITATIONS UPON, ARISING FROM CONSTITUTIONAL PROHIBITIONS AND SAFEGUARDS-Continued. SEC. 57. Interstate commerce power subject to specific prohibitions. SEC. 58. But rights constitutionally conferred may be regulated and limited. SEC. 59. Corporations not protected because of their State origin. SEC. 60. Uses of subpoena duces tecum directed to corporation. SEC. 61. But corporations are entitled to protection with respect to constitutional guaranties. SEC. 62. Certain prohibitions upon State authority not applicable to Federal Government. SEC. 63. Cases construing the due-process clause. SEC. 64. Concerning prohibition against unreasonable searches and seizures. V. CONSTRUCTION AND APPLICABILITY OF CONSTITUTIONAL PROVISION CONFERRING. 1. General rules. SEC. 65. Implied or incidental powers. SEC. 66. Meaning of terms in constitutional question for courts and not for SEC. 67. Policy of legislation not for court. SEC. 68. What included within term commerce. SEC. 69. Same rules apply to corporations as to individuals. SEC. 70. Presumption in favor of constitutionality. SEC. 71. But operation and effect overcomes presumption of constitutional intent. SEC. 72. If inseparable part of a statute be unconstitutional, whole statute fails. SEC. 73. History and situation of country may be considered. SEC. 74. Effect of contract or legislation in order to infringe must be direct. SEC. 77. When intent of party not important. SEC. 78. Body of act and not the title to govern. SEC. 80. When monopoly may be suppressed. 2. Under interstate-commerce act. SEC. 81. True character of rate fixing. SEC. 82. Both legislative history and purpose of interstate-commerce act important. SEC. 83. Contracts of carriers with shippers subject to regulation. SEC. 84. What questions open to review on orders of Interstate Commerce SEC. 85. Jurisdiction of Interstate Commerce Commission can not be evaded SEC. 86. Substance and not form considered in enforcing "commodities clause." SEC. 87. Jurisdiction of commission narrowed to question of reasonableness or unreasonableness. Mere equities of shippers not to be considered. Mere questions of proper treatment of localities not within province of commission to determine. SEC. 88. Interstate Commerce Commission can only exact evidence upon complaints for violating the act. SEC. 89. Corporations may be criminally punished for acts of agents. SEC. 90. Importance of frequent interpretations by Interstate Commerce V. CONSTRUCTION AND APPLICABILITY OF CONSTITUTIONAL PROVISION CONFERRING— Continued. 2. Under interstate-commerce act-Continued. SEC. 91. Question of undue and unreasonable preference, discrimination, etc., one effect. SEC. 92. Intent of little or no importance where terms of Elkins Act, punishing rebates and concessions, violated. SEC. 93. Diverse ownership of freight no concern of the carrier, and it can not discriminate because thereof.. SEC. 94. Discrimination in supply of coal cars forbidden. SEC. 95. Discrimination practiced through terminal or other facilities for- SEC. 96. Interstate telegraph companies clearly within regulative power of SEC. 97. Express companies not within exceptions to provision forbidding 3. Under antitrust act. SEC. 98. Statute looks not to effect upon prices but to effect upon compe tition. SEC. 99. Reasonable construction excludes mere indirect, trivial, and remote restraints. SEC. 100. Definitions of monopoly. SEC. 101. Extension and restraint of trade distinguished. SEC. 102. Statute applicable to all forms of restraint-Workingmen's asso- SEC. 103. The act applies to agreements between carriers affecting rates. SEC. 105. Court answers speculations of counsel as to evil consequences of SEC. 106. Court answers objections based on "ruinous competition." SEC. 108. Where extent of restraint held unimportant-No rule of reason- SEC. 109. What the court said where only local restraint was involved- SEC. 110. Language of the court construing the terms "undue” or "unrea SEC. 111. Broad views of courts in determining extent and effect of combination. SEC. 112. When contract one of interstate sale and not a manufacturing contract. SEC. 113. When intent unimportant. SEC. 114. Court respects the popular attitude toward monopolies, as expressed in legislation. SEC. 115. Statute does not forbid monopoly created under patent law. 4. Under safety-appliances act. SEC. 116. Safety-appliances act is constitutional-Objection that it is by terms applicable to intrastate cars not valid. 5. Under act limiting hours of employment. SEC. 117. Act limiting hours of continuous service is constitutional. 6. With reference to validity or invalidity of contracts. SEC. 118. Cases in which defense of illegality prevailed. |