Watkins on Shippers and Carriers

Edgar Watkins, J. Haden Alldredge

Harrison Company, 1930 - Broj stranica: 1258

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1	xxiv

Richmond D R Co 7 I C C 354 432	lx

Rates on Car Load Stone 29 I C C 136 495	lxxxvii

CHAPTER I	1

Power of the States Indirectly to Affect Interstate Commerce	5

Commerce Within the Exclusive Control of the States	6

All Commerce Subject to Regulation	7

Eminent Domain	8

S R Co 90 S C 485 75 S E 1020	356

How Far a Rate Made by a State Relieves a Carrier from the Duty to Serve Communities and Transport All Traffic With Legal Equality	358

Commutation Mileage and Party Rate Tickets 196 Rebates	360

Mandamus	361

Corporation Punishable for Rebating	362

Injunctions in Aid of Enforcement of	363

Injunctions Against Unlawful Rates and Practices 365 Same SubjectConclusion	365

Same SubjectEffect of Amendment of 1910	367

States May Establish Means for Interstate Transportation	9

Regulation of FacilitiesDepots	10

Regulation of FacilitiesTerminal Roads	11

State Laws Forbidding the Consolidation of Competing Carriers	12

Regulation of FacilitiesSpur Tracks	13

Requiring Physical Connections Between Carriers	14

Delivery over Connecting Tracks	15

Regulating Crossings	16

Elevator Charges	17

Through Routes and Joint Rates	18

Regulation of the Movement of TrainsSunday	19

Same SubjectRequiring the Operation of a Particular Train	20

Same SubjectSpeed of Trains	21

Requirement That Trains Shall Stop at Particular Stations	22

State Regulation of Carriers and Their Employees	23

Blowing Whistle and Checking Speed at Crossings	24

Furnishing Cars for the Receipt and Delivery of Shipments	25

Same SubjectRule Since Hepburn	26

Same SubjectRule Established	27

Requirements as to Accounting and Reports	28

Transmission and Delivery of Telegraph and Telephone Messages	29

SeparateCoach Laws	30

Posting Time of Trains	31

Laws to Promote the Security and Comfort of Passengers	32

Laws Limiting or Enlarging the CommonLaw Liability of Carriers	33

Same SubjectLiability to Employees	34

Congressional Regulation of Loss and Damage Claims	35

Requiring Railroads to Perform Transportation Service	36

Sale and Regulation of Passenger Tickets	37

Same SubjectMileage BooksPartyRate Tickets	38

When Interstate Transportation Begins and Ends	41

Attachments and Garnishments	42

Rates	43

Intrastate Rates Which Affect Interstate Rates	44

Limitations on the Power of States to Regulate Intrastate Rates	45

Property Basis for Returns	46

When Does a Rate Violate Rights under the Fourteenth Amendment	47

RatesEvidence That a Rate Is ConfiscatoryRates on a Few Com modities	48

Same SubjectRelative Cost of Different Kinds of Transportation	49

Testing a Rate by Use to Determine whether or Not It Is Confiscatory	50

Issuance of Stocks and Bonds	51

Long and Short Haul	52

Ferries	53

Bridges	54

Regulating Charges for Transportation by Water	55

Regulating Pilotage Ports Harbors and Vessels	56

Boards of Trade and Exchanges	57

InspectionQuarantine Game Food Liquor and Lottery Laws	58

Taxation Including License Taxes	59

Procedure to Test the Validity of State Regulations	60

61 CommonLaw Obligations of Common Carriers	61

Power of Congress over Interstate Commerce	62

Additional Powers given the Interstate Commerce Commission Effect of Sections 13 and 15a of Interstate Commerce Act on the Right of States to Re...	63

The HochSmith Resolution	65

Commission May Suspend Changes in Rates	66

Constitutionality of the Act to Regulate Commerce	67

Same SubjectTransportation Act 1920	69

Reasons for the Original Act to Regulate Commerce	70

Carriers Included in the	71

Carriers Duties Under the	72

What Transportation is Included in the	73

Transportation Included in the Act Continued	74

Powers and Procedure of the Interstate Commerce Commission	75

Switch Connections	76

Damages and Penalties for Misquoting a Rate	77

Free Transportation	78

Routing Freight	79

Reports of Carriers	80

Court Procedure with Reference to the Orders of the Commission	81

82 All Charges Must Be Reasonable	82

Rule Applies to Accessorial Services	83

Classification	84

Class and Commodity Rates	85

The Consolidation of Freight Classifications	86

Modern Tendency Toward the Making of Commodity Rates in Relation to Class Rates	87

Uniformity of Relationships Between Classes in the ClassRate Scales	88

MinimumRate Power of the Commission	89

Cost of Service	90

Some of the Principal Elements of the Cost of Service	91

Valuation of CommonCarrier Property	92

What is a Reasonable Return to the Carrier?	93

When Carriers Duty to Furnish Service	94

Value of Service	95

Use to Which Commodity is	96

Cost of Assembling Theory	97

Value of the Commodity Its General Utility and Danger of Loss	98

Value of the CommodityDifference Between the Raw and the Manu factured Product	99

Competition or Its Absence Considered in Determining Reasonableness of Rate	100

Limitations on the Observance of Competition in RateMaking	101

Rates Affected by Amount of Tonnage	102

Density of Traffic	103

Distance and Revenue Per TonMile	104

MultipleLine Hauls	105

General Business Conditions	106

The HochSmith Resolution and Its Effect on RateMaking	107

Estoppel	108

Rates Long in Existence Are Presumed to Be Reasonable	109

Same Subject	110

Voluntary Reductions of Rates	111

Effect of Act of June 18 1910 on Voluntary Rate Reductions	112

Grouping Territory and Giving Each Group Same Rate Legal Under	113

Same SubjectRule in Duncan Case Criticised	120

Proper Differential Between Rates on Carload and LessthanCarload Freight Carload Minima	121

TrainLoad Rates	122

Relation of Through Rates to the Sum of the Local Rates	123

Proportional Rates	124

Thrugh Rates Must Not Exceed Aggregate of Intermediate Rates	125

Through Routes and Joint Rates	126

Same SubjectAmendments of 1910 and 1912	128

Rates on Returned Shipments	129

The Public Interest Must Be Considered in Making Rates	130

General Principles Applicable to the Question What Is a Reasonable Rate?	131

Same SubjectSome Statements of the Commission as to Such General Principles	132

Same SubjectDiscussion of Principles in Chicago LiveStock Exchange Case	133

Same SubjectRate Considered in and of Itself	134

Same SubjectCommission Not Bound by Technical Rules	135

General Summary	136

137 Scope of Chapter	137

Common Law as to Equality in Rates by Carriers	138

Damages under Common Law for Unjust Discriminations	139

Comparison of the English Railway and Canal Act with the Interstate	140

Commerce Act 141 Unjust Discrimination Forbidden	141

Discrimination Against Individuals	142

Same SubjectConstruction by the Commission	143

Same SubjectIndependent Contributing Causes	144

Same SubjectAllowances to Shippers	145

TrapCar Service	146

Peddler Cars	147

Private Cars	148

Car Spotting	149

Undue Preferences in favor of Persons or Localities	150

Same SubjectApplication of Section made by the Commission	151

Differentials	152

Discrimination Against Traffic	153

Same SubjectCompetition Between Users of Related Rates	154

Discrimination Beyond the Control of the Carrier	155

Removal of Discriminations and Preferences in Rates Specifically	156

Facilities for Interchange of Traffic and Rates and Charges to Connect ing Lines Must Be Without Undue or Unreasonable Preference	157

Same SubjectStatute	158

Same SubjectStatute and Proviso	159

Through Routes and Joint Rates	160

Discrimination by Charging More for a Shorter Than a Longer Haul	161

Old Law 162 Long and Short HaulOld Law ConstruedDefinite Construction	162

Long and Short Haul Clause Under Act of 1910	165

Some Circumstances 114 Grouping Producing Points and Making Zones Taking Same Rates 115 BasingPoint System 116 Breaking Rates at the Terri...	166

Carload and LessthanCarload Movements as Affecting the Rate 119 Establishing Carload Rates	167

Carload Freight Ownership	168

TrainLoads	169

Classification of Commodities Should Be Without Discrimination	170

Uniform Classification	171

Power of the Commission Over Classification	172

Milling in Transit	173

Rebilling or Reshipping	174

RebillingFound Illegal	175

Rebilling Illegal Only When Unjustly Discriminatory	176

RebillingConclusion	177

Payment of Elevator Allowances	178

Transit PrivilegesGenerally	179

Allowances to TapLine Railroads	180

Allowances to Industrial Tracks 182 Illegal for Carriers to Transport Commodities Produced or Owned by Them or in Which They Are Interested 18...	181

Same SubjectPrinciples Applied by the Commission	185

Freight Charges Must Be Collected Without Discrimination	186

Right of Carrier to Route Shipments Beyond Its Own Terminus	187

Discrimination in Billing	188

Tariffs of Rates Must Be Printed Posted and Maintained	189

Misquoting Rates	190

Different Rates Over the Same Line in Opposite Directions	191

Discrimination by Granting Free Service	192

Basing Points Group Rates and Zone Rates	193

Holmes Co v Southern Ry Co 8 I C C 561 109 405	198

199 General Statement	199

Extension Not Within the Statute	200

A Certificate is Necessary for the Establishment of a New Union Depot	201

The Statute as Applied to Intrastate Railways	202

Interstate Line Owning a State Line	203

Abandonment of Part of a Franchise not Authorized	204

Spurs Switches Etc Within a State	205

Procedure	206

Penalties	207

Consolidation of Carriers	208

Interlocking Directorates	209

Express and Telephone Companies	210

AntiTrust Laws	211

Water Carriers	212

Issuance of SecuritiesThe Statute	213

Constitutionality of Provision with Relation to Issuance of Securities	214

Rights of the States not Wholly Excluded	215

Procedure of Interstate Commerce Commission with Reference to Is suance of Securities	216

217 CommonCarrier Liability Un the Common	217

Contractual Limitation of CommonCarrier Liability	218

Obligations of Carriers for Loss or Damage to Interstate Shipments	219

Same SubjectCummins Amendments	220

Liability of Connecting Carriers	221

Penalties for Failure to Pay Claims	222

What is Full Value	223

Market Value at Destination and How Determined	224

Claims for Decline in Market Price	225

Amount of Recovery May be Limited by Agreement Under Certain Conditions	226

Liability for Delay in Transit	227

Statutory Retention of Existing Remedies	228

Effect of Failure to Issue BillofLading	229

The BillofLading Contract Ordinarily Binds All Parties	230

Liability for Freight Charges Under Standard Bills of Lading	231

Carrier Liable for Execution of BillofLading Containing Contradie	232

235 General Statement of the Functions of the Interstate Commerce Com mission	235

Appointment and General Duties of the Commission	236

Switch ConnectionsDuty of Carriers	237

Switch ConnectionsPower of the Commission	238

Industrial Switches and Railways	239

Switch Connections with Carriers by Water	240

Through Routes	241

Division of Joint Rate	242

Allowance to Shippers for Services and Facilities	243

Distribution of Cars	244

Furnishing Cars Car Service	245

LongandShortHaul Provisions History	246

Relationship of Intermediate and Through Rates	247

Water Competition	248

Power of the Commission Under the Fourth Section	249

Ownership of Water Carriers by Railroads	250

The Commissions Duty with Reference to Schedule of Rates	251

Bills of Lading	252

Damages	253

DamagesPower of the Commission to Make Award	254

Awards of Damages for Charging an Unjust and Unreasonable Rate	255

Awards of Damages for Unlawful Discrimination	256

Damages Under the Fourth Section	257

Damages for Misrouting	258

DamagesGeneral Statement	259

Damages for Misquoting a Rate	260

Damages to Whom Paid	261

Damages by Whom Paid	262

DamageProtest Unnecessary	263

DamagesInterest and Attorneys Fees	264

Award of Damages an Inadequate Remedy	265

Damages Limitation on Complaint	266

General Investigations by the Commission	267

joined by the HochSmith Resolution	269

Commission Has Power to Prescribe Rates for the Future	270

Suspension of Rates Regulations and Practices	271

Through Routes and Joint Rates	272

Allowance for Services or Instrumentalities	273

Powers Enumerated Not Exclude Others	274

Effect of Commissions Orders	275

Commissions Control Over Its Orders	276

Commission May Employ Attorneys	277

Records of Commission	278

Valuation of Railroad Property	279

Valuation How Made	280

Finality and Effect of Valuation	281

Office of Commission	282

Annual Reports from Carriers	283

Examiners	284

Reports by the Commission	285

Lake Erie and Ohio River Ship Canal	286

Parcel Post	287

GovernmentAided Railroads and Telegraph Companies	288

CommonLaw Remedies Continued	289

290 Scope of Chapter	290

Switch Connections	291

Relief Under the Fourth Section	292

Water Competition	293

RailroadOwned Steamships	294

Changes in Tariffs	295

Forms of Tariffs	296

Through Routes	297

Complaints for Damages	298

Same SubjectOrder of Commission	299

General Investigations	300

Procedure in Formal CasesComplaint	301

Notice Before Hearing	302

Formal ComplaintsAnswer	303

Hearings by the Commission	304

Proposed Reports	305

Orders Relating to Rates and Practices	306

Suspension of Rates	307

Practices in Suspension Cases Where There Exist Intrastate Rates Lower Than Proposed Interstate Rates	308

The Weak and the Strong Roads	309

Other Orders	310

Service of Orders of the Commission	311

Rehearings by the Commission	312

Valuation of Property	313

Oral Argument	314

Estoppel by Former Order of the Commission	315

Rules of Procedure Prescribed by the Commission	316

Public Sessions and Hearings	317

Personal Appearances	318

Admission to Practice	319

Protests of Tentative Valuations	323

Reparation StatementsFormal Claims for Reparation Based Upon	324

Jurisdiction of Suits to Set Aside Orders of the Commission	368

Same SubjectNegative Order of the Commission	369

Parties	370

Grounds Upon Which Orders of the Commission May Be Set Aside	371

Same SubjectViolations of the ConstitutionFourth Amendment	372

Violation of the Fifth Amendment	373

Mistake of	374

Lack of Jurisdiction	375

The Substance and Not the Form of the Finding Determines	376

tory or Impossible Provisions	377

Lack of Full Hearing	378

Awards of Damages	379

Awards of DamagesParties and Procedure	380

Procedure to Enforce or Annul Orders of the Commission	381

Interlocutory Injunctions Three Judges to Hear Application	382

Interlocutory InjunctionsNotice and Hearing	383

Interlocutory InjunctionsAppeal from	384

Appeal from Final Judgment	385

Venue of Suits CHAPTER X	386

387 Scope of Chapter	387

Quarantine Laws Relating to Transportation	388

Sherman AntiTrust	389

Clayton AntiTrust	390

FederalTradeCommission	391

Merchant Marine	392

Findings of the Commission	393

HoursofService	394

Employers Liability	395

Arbitration and Labor Laws	396

Breaking Seals of Railroad Cars Containing Interstate or Foreign Com	397

Rates on High Explosives 33 I C C 567	401

All Transportation Charges Must Be Reasonable	405

Classification of Telegraph Telephone and Cable Messages	406

Service	407

Free Service with Certain Exceptions Prohibited and Penalties Pre scribed	408

Excepting Cincinnati Southern Railway	409

Railroad Companies Prohibited from Transporting Commodities in Which They Are Interested With Certain Exceptions	410

Terms Under Which Switch Connections Shall Be Made	411

Car Service Defined	412

Duty of Carrier To Furnish Şafe and Adequate Car Service	413

Duty of Carrier To Make Reasonable Distribution of Cars	414

Schedule of Car Service Must Be Filed	415

Authority of Commission to Establish Car Service Rules	416

Authority of Commission to Require Joint Use of Terminals	417

Routing Regulations	418

Commission May Act By AgentsPenalties	419

Extension and Abandonment of Present Railroad Facilities	420

Procedure in Applying for Extensions or Abandonments	421

Further Procedural RulesPenalties	422

Commission May Require Extension of Facilities	423

Facilities Solely Within One State Exempted	424

Punishment for Obstructing Interstate or Foreign Commerce	425

Provisions Relating to Duties of Carriers During	426

Definition and Prohibition of Unjust Discrimination	427

Undue and Unreasonable Preference Prohibited	428

Regulation of Collection of Transportation Charges	429

Carriers Shall Accord Reasonable and Equal Facilities for Interchange of Traffic	430

Joint Use of Terminal Facilities May be Required	431

Rule as to Long and Short Hauls	432

Relief from LongandShortHaul Clause	433

Changes Not Required Until Further Orders	434

Rates Reduced by Competition with Water RoutesNot Increased When	435

Pooling of Freights and Division of Earnings Regulated	436

Consolidation of Carriers	437

Commission to Adopt a Plan	438

Notice of Plan to be Given	439

Conditions Under Which Consolidations Must be Made	440

Applications to Consolidate	441

Express Companies onsolidation	442

AntiTrust Laws Not to Apply	443

Rail Carrier Not to Own Competing Water Carriers	444

Whether or Not Competition Exists to be Determined by the Com	445

Violators of Sherman AntiTrust Act Not to Use Panama Canal	448

Carriers Shall File Print and Keep Public Schedules of Rates	449

Regulations as to Printing and Posting Schedules of Rates for Freight Moving Through Foreign countries from and to Any Place in the United States	450

No Change of Schedules of Rates Shall be Made Without Notice	451

Names of all Carriers Parties to Schedules Must be Specified	452

Carriers Shall File Contracts Relating to Traffic Arrangements	453

Commission May Prescribe Form of Schedules	454

No Carrier Shall Participate in Interstate Commerce Unless the Charges Therefor are Published and No Such Carrier Shall Deviate from the Published ...	455

Preference and Precedence May Be Given Military Traffic in Time of	456

The Commission May Reject Schedules	457

Penalty for Failure to Comply With Orders Under Section	458

Penalty for Misstating or Failure to State Rate	459

Must Post Name of Agent	460

Corporations Violating the Interstate Commerce Act Guilty as Indi viduals and Punishment Prescribed	461

Amendments 327 Continuances and Extensions of Time	462

Act of Officer or Agent When Binding	463

Carrier Filing or Participating in Rate Bound Thereby	464

Forfeiture for Rebating in Addition to Penalties Limitation of Six Years Fixed	465

Jurisdiction Over Water Carriers	466

Physical Connection Between Rail Lines and Docks of Water Carriers	467

Through Routes and Joint Rates Between Rail and Water Carriers	468

Proportional Rates to and from Ports	469

Through Rates Via Panama Canal	470

Conditions tnder Which Through Routes and Joint Rates With Water Carriers May be Operated to be Prescribed by the Commission	471

Contracts and Combinations to Prevent Continuous Carriage of Freight Prohibited	472

Damages and Attorneys Fees Allowed for Violations	473

Where to Sue for Damages Compulsory Attendance of Witnesses and Production of Papers	474

Penalties for Violations of the	475

Penalties for False Billing False Classification False Weighing Etc by Carriers	476

Penalties Against Shippers for False Billing	477

Penalties and Damages for Inducing Discriminations	478

Appointments and Terms of Office of Commissioners	479

Powers and Duties of Commissioners	480

Power of Courts to Punish for Disobedience Witnesses Not Excused	481

Commission May on Its Own Motion Institute Investigations	484

Procedure When State Rates Involved	485

Order of Commission Binding Notwithstanding State Laws	486

Reports of Commission on Investigations How Made and Published	487

Power of Commission to Determine and Prescribe Just and Reasonable Rates Regulations and Practices	488

When Orders Take Effect and How Long Continue Unless Modified or Set Aside by the Commission or a Court	489

Through Routes and Joint Rates May Be Established By the Commission	490

Limitations on the Power to Prescribe Through Routes	491

Parties	492

Divisions of Joint Rates May Be Prescribed By Commission	493

Complaints	494

Burden of Proof to Justify Rates Increased After Jan 1 1910	496

Reciprocal Duties of Carriers as to Routing	497

Rule As to NonRouted Traffic	498

Answers	499

Charges for Instrumentalities Furnished by Shipper Must Be Reason able	500

501 Enumeration of Powers of Commission Not Exclusive	501

Meaning of Words Rates and Carriers	502

Stipulations 329 Hearings	503

Shortened Procedure	504

Determination of Aggregate Value of Property	505

Depositions	506

Disposition of Excess Over Six Per Centum	507

Witnesses and Subpænas	508

Limit of Five Per Centum for Reserve Fund	509

Rules to be Prescribed for Recovery of Excess Income	510

Documentary Evidence	511

Briefs and Oral Argument	512

Action by the Commission on Applications for Loans	513

Applications by Carriers for Lease of Facilities Controlled by the Com	514

Applications for Rehearings Rearguments or Modification of Orders	515

Number of Copies of Petitions Etc and Replies Thereto 337 Transcript of Testimony	516

Compliance with Orders 339 Applications Under Fourth Section Applications for Certificates of Convenience and Necessity Under Inland Waterways	517

Section not to Deprive Shippers of Right to Reparation	518

Rights of Carriers When Undertaking New Construction	519

Suspensions	520

Carrier Failing to Comply with Order for Reparation Suit May	521

Proceedings in Finance Cases Applications to ConsolidateProcedure 342 Information to Parties 343 Specifications as to Complaints Answers Petitions ...	524

Commission May Suspend or Modify Its Orders	525

Computation of TimeSundays and Legal Holidays 35 Office and Address of Commission 346 Form of Complaint	526

Special Attorneys May Be Employed	527

Form of Answer 318 Form of Petition for Leave to Intervene	528

Form of Petition for Rehearing or Reargument	529

Rehearings May Be Granted by Commission	530

Form of Reparation Statement Under Rule V	531

CHAPTER IX	532

Function of Commission May be Performed by Divisions	533

Procedure of DivisionsRehearing by Whole Commission	534

Powers of Commission not Lessened	535

Salaries and Expenses of the Commission	536

Principal Office of Commission in Washington But May Prosecute In quiries Elsewhere	537

The Commission is Authorized to Investigate Ascertain and Report the Value of Railroad Property	538

Method of Procedure to be Prescribed by the Commission	539

How Such Investigation is Prosecuted	540

Duty of Carriers to Aid the Investigation	541

Valuations to be Revised and Corrected	542

Commerce Court	543

Notice of Completion of Valuation	544

Hearings Before Valuation Fixed	545

Effect of Valuation as Evidence	546

Applicable to ReceiversPenalty	547

Jurisdiction of Courts to	548

Requirements as to Transportation of Employees of the Commission with Supplies Therefor	549

Annual Reports Required and What They Shall Contain Penalties for Failure to Make	550

Commission May Prescribe Form of Keeping Accounts and Inspect	551

merce	552

The Commission May Permit the Destruction of Papers	553

Penalty for an Examiners Divulging Information Received as Such	554

United States District Courts May Upon Application of AttorneyGen eral at Request of Commission Enforce Provisions of	555

General Jurisdiction of Federal Courts	556

Receiving Carrier Liable for Loss Remedy Cumulative	557

Carriers Liable for Full Value of Property TransportedCummins	558

All Carriers Parties to the Transportation Liable	559

Bills of Lading	560

Bills of Lading ActTransportation Included in	561

Straight Bill of Lading	562

Order Bill of Lading Negotiable	563

Certain Order Bills	564

Indorsement on Order Bill	565

Indorsement on Straight Bill of Lading	566

Insertion of Name of Person to be Notified	567

Duty of Carrier to Deliver Goods on Demand	568

Persons to Whom Carrier May Deliver Goods	569

Liability of Carrier in Case of Delivery of Goods to Wrong Person	570

Liability of Carrier to Purchaser of Order Bill	571

Liability in Case of Part of Goods	572

Alterations	573

Courts May Order Delivery of Goods on Loss of Order Bill of Lading	574

Liability of Carrier on Bill of Lading Indorsed Duplicate	575

Adverse Claim of Title	576

Requiring Conflicting Claimants to Interplead	577

Transportation of Stolen Motor Vehicles Prohibited 399 Child Labor	578

Claim of Third Person Enforced by Legal Process	579

Shippers Weight Load and Count	580

Weight Load and Count	581

Liability of Carrier on Bill of Lading Issued by its Agent	582

Attachment by Garnishment	583

Remedies of Creditor	584

Lien of Carrier	585

Liability of Carrier After Sale of Goods	586

Foreign Shipments	587

46 known as the Compulsory Testimony	588

Because Testimony May Incriminate 482 Right to Take Testimony by Depositions and the Manner Thereof	591

Brought Thereon in United States and State Courts the Order Being Prima Facie Evidence of the Right to Recover 522 Limitations on Actions for Da...	592

Transfer of Bill by Delivery 589 Negotiation of Order Bill by Person in Possession 590 Title and Rights Acquired by Transferee 591 Rights of Transf...	593

Not Applicable to NotesRule as to No Par Stock 613 Reports of Carriers Showing Security Issues Required 614 Securities Not Authorized VoidPenalti...	594

Warranties by Mortgagee	595

Bona Fide Purchaser of Bill Wrongly Negotiated	596

Negotiation of Order Bill by Mortgagor	597

Superior Rights of Bona Fide Purchaser of Order Bill	598

Lien Valid	599

Forgery or Counterfeiting Bill of Lading Penalty	600

Definitions	601

Retroactive Effect	602

Invalidity of Part of	603

Carrier As Used in This and Next Eleven Sections Defined	604

Security Issues Regulated	605

Power of Commission Over Applications to Issue Securities	606

Commission to Prescribe Form of Applications	607

Notice of Sale of Securities Required	608

Notice of ApplicationsHow Served	609

Exclusive and Plenary Jurisdiction Given Commission	610

Re Lumber Rates 21 I C C 455 495	617

Freight Bills 29 I C C 496 499	619

Changes of Schedules to be Filed	624

Prescribed	625

Such Through Lading not an Arrangement for Continuous Service	626

Automatic TrainStop or TrainControl Devices May be Required	627

Title of	628

Existing Laws as to Obtaining Testimony Applicable to	629

Repealing Conflicting Laws not to Affect Pending Suits	630

Time of Taking Effect of	631

Carriers Must Designate Agents in Washington	632

Pending Cases not Affected	633

Commission to Investigate Questions Pertaining to Issuance of Stocks and Bonds	634

Injunctions Against Operation of State Statutes	635

When Act Effective	636

Parties Defendant Other Than Carriers in Suit to Enforce Provisions of	637

Equitable Proceedings May be Instituted by the Commission to Restrain Discrimination or Departures from Published Rates	638

Immunity and Compulsory Attendance of Witnesses Production of Books and Papers	639

Expediting Act Applicable to Suits Brought Under Direction of	640

D L W R Co 236 N Y S 289 558	660

Little Rock M R Co v East Tenn Va Ga Ry Co 159 U S 698	666

Elwood Grain Co v St J G I R Co 202 Fed 845 121 C C A 153 462	672

Little Rock etc R Co v St Louis etc R Co 41 Fed 559 430 480 493	677

Re Peasley 44 Fed 271 475 481	684

Emlenton Petroleum Rates 29 I C C 519 432	690

mission	703

Commission May Relieve from Provision 447 Water Carriers to File Tariffs	704

Re Petition of Louisville N R Co and Southern Ry S S Co 1 I C C	709

Rates on Slag 34 I C C 337 449	712

Chicago N W Ry Co 13 I C C 167 404 474	744

Terminal R Asso 114 Fed 666 266 474	748

Sterling Sons Co v M C R Co 21 I C C 451 500	791

Live Stock Classification 47 I C C 335 220 558	800

Re Advances on Furniture 25 I C C 299 494	806

Live Stock from Nashville 48 I C C 277 116	807

Empire Coke Co v B S R Co 31 I C C 573 495	809

Erie R R v Kieser Son Co 215 N Y S 576 216 App Div 500 403	815

torneyGeneral	828

Heated Car Service Regulations 50 I C C 620 558	871

Erie R Co v Stone 244 U S 332 61 L Ed 1173 37 Sup Ct 633 558	872

N 0 M C R Co 22 I C C 578 103	873

A C L R Co 144 N C 220 56 S E 932 26	880

Yo Guarantee by United States	895

Repealing Clause not to Affect Pending Suits or Accrued Rights	918

Commerce Court	919

Commerce Court Abolished	927

Venue of Suits on Orders of Interstate Commerce Commission	928

Procedure in the District Courts	929

Temporary Restraining Orders	930

An Appeal to the Supreme Court from Interlocutory or Final Orders 618 Appeals from Final Judgments 649 Pending Causes Transferred to District C...	932

N Y N H H R Co 10 I C C 221 191 428	936

ACTS RELATING TO THE TRANSPORTATION OF ANIMALS Act to prevent cruelty to animals while in interstate transit known as the 28hour la...	947

Penalty	952

MeatInspection	953

Federal Control Act and Provisions of Transportation Act 1920 Termi nating Federal Control	981

Pullman Co 18 I C C 135 95 130	989

Railway Labor	1011

United States Shipping	1033

Merchant Marine Act 1920	1081

Summary	1093

Intrastate Shipments	1131

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Popularni odlomci

Stranica 117 - It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations, other than are prescribed in the constitution.

Broj knjiga u kojima se pojavljuje, u razdoblju 1824-2008 iznosi: 689

Stranica 156 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use; but, so long as he maintains the use,...

Broj knjiga u kojima se pojavljuje, u razdoblju 1861-2007 iznosi: 410

Stranica 136 - ... shall include cars and other vehicles and all instrumentalities and facilities of shipment or carriage, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported...

Broj knjiga u kojima se pojavljuje, u razdoblju 1798-1996 iznosi: 315

Stranica 530 - 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...

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2003 iznosi: 374

Stranica 772 - It shall be the duty of the various district attorneys, under the direction of the Attorney General of the United States, to prosecute for the recovery of forfeitures.

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2006 iznosi: 407

Stranica 615 - That it shall be unlawful for any common carrier subject to the provisions of this Act to charge or receive any greater compensation in the aggregate for the transportation of passengers or of like kind of property, under substantially similar circumstances and conditions, for a shorter than for a longer distance over the same line, in the same direction, the shorter being included within the longer distance...

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2007 iznosi: 471

Stranica 118 - 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.

Broj knjiga u kojima se pojavljuje, u razdoblju 1824-2007 iznosi: 368

Stranica 699 - 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 term of the Commissioner whom he shall succeed. Any Commissioner may be removed by the President for inefficiency, neglect of duty, or malfeasance in office.

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2006 iznosi: 262

Stranica 532 - ... 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...

Broj knjiga u kojima se pojavljuje, u razdoblju 1856-2003 iznosi: 407

Stranica 793 - States, and shall be subject, upon conviction in any court of the United States of competent jurisdiction, to a fine of not less than $1,000 nor more than $5,000, or to imprisonment for a term of not more than three years, or to both such fine and imprisonment.

Broj knjiga u kojima se pojavljuje, u razdoblju 1820-2004 iznosi: 292

Bibliografski podaci

QR code for Watkins on Shippers and Carriers

Naslov	Watkins on Shippers and Carriers
Autori	Edgar Watkins, J. Haden Alldredge
Suradnik	United States
Izdanje	4
Izdavač	Harrison Company, 1930
Duljina	Broj stranica: 1258

Izvezi navode	BiBTeX EndNote RefMan

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