Watkins on Shippers and Carriers

Portada
Harrison Company, 1930 - 1258 páginas

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Contenido

Same SubjectLiability to Employees
34
Congressional Regulation of Loss and Damage Claims
35
Requiring Railroads to Perform Transportation Service
36
Lake E W R Co 83 Fed 284
40
Louisville N R Co 57 Fla 526 49 So 39 28
58
StoneTracy Co 220 U S 107 55 L Ed 389 31 Sup Ct 342
59
Minneapolis St L R Co 80 Minn 191 83 N W 60 89
64
Sale and Regulation of Passenger Tickets
73
Same SubjectMileage BooksPartyRate Tickets
75
Free Transportation
78
Routing Freight
79
Attachments and Garnishments
82
Rates
84
Thompson 47 Ore 639 84 Pac 476 4 L R A N S 480 37
85
Intrastate Rates Which Affect Interstate Rates
86
Limitations on the Power of States to Regulate Intrastate Rates 46 Property Basis for Returns
91
When Does a Rate Violate Rights under the Fourteenth Amendment? 48 RatesEvidence That a Rate Is ConfiscatoryRates on a Few Com modities
99
Same SubjectRelative Cost of Different Kinds of Transportation
100
Testing a Rate by Use to Determine Whether or Not It Is Confiscatory
102
So Ry Co 203 U S 270 51 L Ed 178 27 Sup Ct 104 58
104
Issuance of Stocks and Bonds
105
Long and Short Haul
106
Ferries
109
Bridges
111
Regulating Charges for Transportation by Water
112
Regulating Pilotage Ports Harbors and Vessels
115
Boards of Trade and Exchanges 58 InspectionQuarantine Game Food Liquor and Lottery Laws
118
Florida Fruit Vegetable Asso v A C L R Co 17 I C C 552
121
Taxation Including License Taxes
122
Procedure to Test the Validity of State Regulations
124
CHAPTER II
127
Reports of Carriers 81 Court Procedure with Reference to the Orders of the Commission
164
ALL CHARGES FOR SERVICES RENDERED BY COMMON CARRIERS IN THE TRANSPORTATION OF PERSONS OR PROPERTY OR IN CON...
166
Carload and LessthanCarload Movements as Affecting the Rate 119 Establishing Carload Rates
167
Forbes Mfg Co v Lehigh V R Co 39 I C C 566 474
192
Rates on Cotton Seed and Its Products 28 I C C 219 497
193
Re Export Rates of Flax Seed Products 27 I C C 246 104
212
tions 6 10 12 14 1618 21 22 49
213
Proper Differential Between Rates on Carload and LessthanCarload Freight Carload Minima
240
TrainLoad Rates
242
Relation of Through Rates to the Sum of the Local Rates
243
Proportional Rates
245
Thrugh Rates Must Not Exceed Aggregate of Intermediate Rates 126 Through Routes and Joint Rates
249
Same SubjectAmendments of 1910 and 1912
250
Rates on Commodities Requiring Refrigeration 129 Rates on Returned Shipments
253
The Public Interest Must Be Considered in Making Rates
254
General Principles Applicable to the Question What Is a Reasonable Rate?
256
Same SubjectSome Statements of the Commission as to Such General Principles
258
Same SubjectDiscussion of Principles in Chicago LiveStock Exchange Case
260
Same SubjectRate Considered in and of Itself
262
Same SubjectCommission Not Bound by Technical Rules 136 General Summary
264
CHAPTER IV
269
RebillingConclusion 178 Payment of Elevator Allowances 179 Transit PrivilegesGenerally 180 Allowances to TapLine Railroads 181 Allowances to I...
270
Section 12
277
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
Section 22
289
Hannibal St J R Co v Husen 95 U S 465 24 L Ed 527 58
308
Fourth Section Departures 129 I C C 187 164
314
S R Co 90 S C 485 75 S E 1020
356
Jurisdiction of the Courts of the United States to Compel the Attend
359
Rebates
360
Corporation Punishable for Rebating
362
Summary
363
CONSTRUCTION ABANDONMENT CONSOLIDATION AND FINANCING 199 General Statement 200 Extension Not Within the Statute 201 A Ce...
365
Spurs Switches Etc Within a State
370
Procedure
371
Penalties 208 Consolidation of Carriers 209 Interlocking Directorates
372
Express and Telephone Companies
373
AntiTrust Laws 212 Water Carriers 213 Issuance of SecuritiesThe Statute
374
Constitutionality of Provision with Relation to Issuance of Securities 215 Rights of the States not Wholly Excluded 216 Procedure of Interstate Com...
375
CHAPTER VI
377
Penn R Co 112 U S 331 28 L Ed 717 5 Sup Ct 151 218
378
C B Q R Co 180 Iowa 759 163 N W 627 228
388
CHAPTER VII
391
Records of Commission
392
Re Express Companies 1 I C C 349 1 I C R 677 401 403 448
401
Duty of Carrier to Furnish Transportation and to Establish Through Routes
404
All Transportation Charges Must Be Reasonable
405
Classification of Telegraph Telephone and Cable Messages
406
Classifications Regulations and Practices Must be Reasonable
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 Safe 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
Fourth Section Violation in Rates on Sugar 31 I C C 511
432
United States 188 U S 375 47 L Ed 508 23 Sup Ct 334 58
449
Elgin J E Ry Co v United States 253 Fed 907 166 C C A 7 476
452
Rules of Procedure Prescribed by the Commission 317 Public Sessions and Hearings
489
Personal Appearances 319 Admission to Practice
490
Parties
492
Complaints
494
Re Free Transportation of Newspaper Employees 12 I C C 15 408 617
496
Answers
499
Service 326 Amendments 327 Continuances and Extensions of Time
502
Stipulations 329 Hearings
503
Shortened Procedure
504
Depositions
506
Witnesses and Subpoenas
508
Documentary Evidence
511
Briefs and Oral Argument
512
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
Suspensions
520
P R R Co 203 Fed 134
521
Proceedings in Finance Cases Applications to ConsolidateProcedure 342 Information to Parties 343 Specifications as to Complaints Answers Petitions ...
524
Computation of TimeSundays and Legal Holidays 345 Office and Address of Commission 346 Form of Complaint
526
Form of Answer 348 Form of Petition for Leave to Intervene
528
Form of Petition for Rehearing or Reargument
529
Hartman Furniture Carpet Co v Wisconsin Cent R Co 15 I C C 530
530
Form of Reparation Statement Under Rule V
531
CHAPTER IX
532
JurisdictionGeneral Statement
540
So Ry Co 42 I C C 736 179
541
Commerce Court
543
Re Gregory 219 U S 210 55 L Ed 184 31 Sup Ct 143 58
552
General Jurisdiction of Federal Courts
556
D L W R Co 236 N Y S 289
558
CHAPTER X
578
Act of February 11 1893 Chapter 83 27 Stat 443 49 U S C A Section
588
Punishment for Obstructing Interstate or Foreign Commerce 426 Provisions Relating to Duties of Carriers During War 427 Definition and Prohibitio...
589
Whether or Not Competition Exists to be Determined by the Com mission 446 Commission May Relieve from Provision
590
Power of Courts to Punish for Disobedience Witnesses Not Excused Because Testimony May Incriminate 482 Right to Take Testimony by Depositio...
591
Carrier Failing to Comply with Order for Reparation Suit May be Brought Thereon in United States and State Courts the Order Being Prima Facie Evi...
592
Carriers Liable for Full Value of Property TransportedCummins Amendment 559 All Carriers Parties to the Transportation Liable 560 Bills of Lading...
593
Power of Commission Over Applications to Issue Securities 607 Commission to Prescribe Form of Applications 608 Notice of Sale of Securities Requ...
594
Direct Appeal to Supreme Court 652 GovernmentAided Railroad and Telegraph Lines 653 Connecting Telegraph Lines 654 Duties Imposed on Inter...
595
Re Huntington 68 Fed 881 428
598
Rates on High Explosives 33 I C C 567 401
604
Re Lumber Rates 21 I C C 455 495
617
Freight Bills 29 I C C 496 499
619
Through Bills of Lading Required
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
639
Ill Cent R Co 3 I C C 652 2 I C R 804 427 428
648
Penn Co 4 I C C 212 3 I C R 257 118 428
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
Columbus W R Co 1 I C C 236 1 I C R 631 432
682
Re Peasley 44 Fed 271 475 481
684
Emlenton Petroleum Rates 29 I C C 519 432
690
Steamer Lines from Norfolk to Baltimore 41 I C C 285 445
703
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
Books and Papers
741
Chicago N W Ry Co 13 I C C 167 404 474
744
Terminal R Asso 114 Fed 666 266 474
748
W S R Co 128 Ga 705 57 S E 795 43
750
St Paul M M R Co 1 I C C 102 1 I C R 323 483
777
Sterling Sons Co v M C R Co 21 I C C 451 500
791
Re Advances on Furniture 25 I C C 299 494
806
Empire Coke Co v B S R
809
Erie R R v Kieser Son Co 215 N Y S 576 216 App Div 500 403
815
Expediting Act Applicable to Suits Brought Under Direction of At torneyGeneral
828
Live Stock Classification 47 I C C 335 220 558
867
Reardon 204 U S 152 51 L Ed 415 27 Sup Ct 188 57
871
Erie R Co v Stone 244 U S 332 61 L Ed 1173 37 Sup Ct 633 558
872
N O M C R Co 22 I C C 578 103
873
Straight Bill of Lading
877
No Guarantee by United States
895
Mich Cent R Co 9 I C C 42 428 432
916
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 648 Appeals from Final Judgments 649 Pending Causes Transferred to District C...
932
Effective Date Section Ten Clayton Act Extended 665 Part of Act Unconstitutional not to Invalidate Other Parts
945
Federal Control
946
CHAPTER XII
947
Penalty
952
MeatInspection
953
Federal Control Act and Provisions of Transportation Act 1920 Termi nating Federal Control
955
Railway Labor
1011
United States Shipping Act 4 Merchant Marine Act 1920
1033
Merchant Marine Act 1928
1063
B M R Co 209 Mass 598 95 N E 945 23 Ann Cas 699 219
1121
Int Com Com 225 U S 302 56 L Ed 1099 32 Sup Ct 769 376
1173

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Pasajes populares

Página 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.
Página 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,...
Página 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...
Página 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...
Página 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.
Página 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...
Página 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.
Página 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.
Página 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...
Página 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.

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