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3/2-26

FRIARS Chios
SUPPLEMENT

UNIVERSITY OF TECUCAN
SNYDER'S INTERSTATE COMMERCE ACT

TO

AND

FEDERAL ANTI-TRUST Laws

EMBRACING

THE RAILWAY RATE BILL

APPROVED JUNE 29, 1906, AMENDING THE COM-

MERCE ACT AND ELKINS ACT,

WITH AN INTRODUCTION

AND FULL NOTES OF JUDICIAL DECISIONS REN-
DERE D) SINCE THE PUBLICATION OF THE
WORK IN: JULY, 1904, WITH A REFER-
ENCE TO THE ANTI-TRUST LAWS

OF THE SEVERAL STATES.

INCLUDING ALSO

THE EMPLOYERS' LIABILITY BILL, PURE FOOD BILL, MEAT
INSPECTION BILL AND HALL-MARK OR JEWELERS'

LIABILITY BILL.

Transport.

t

03-14-46 W

TABLE OF CONTENTS.

INTRODUCTION.

PAGE.

iii

iv

vi

vii

viii

ix

x

1

xi

xii

xiv

XV

Federal control

Railways of the United States

Railway legislation prior to 1906

Community of interest among carriers

Need of supplemental legislation

Result of carrier being dealer

Legislation of 1906

Results achieved by legislation of 1906

As to free passes

Bills of lading compulsory

Coastwise steamships and carriers by water

Imprisonment — Penalty

Imprisonment — Penalty for rebating

Railways not to engage in business

Coal properties controlled by carriers

Power of visitation and supervision

Records of carrier must be uniform

Appraisal of railroad property

The Chesapeake and Ohio case and Tobacco Trust decisions.

The Tobacco Trust cases

Employers' liability bill

Pure food legislation

Hall-Mark or Jewelers' liability bill

-

xviii

xix

xx

xxii

XXV

xxvii

xxix

xxxi

xxxiv

xxxvi

xxxix

xxxix

SEC.

commerce

CHAPTER I.

Analysis of Interstate Commerce Act.

1. Interstate

defined Definitions Common

carrier Railroad transportation — Charges must be

reasonable - Free transportation, when prohibited

Carriers not to deal in commodities transported

Switches and terminal facilities

2. Rebates prohibited — Unjust discrimination defined..

3. Preferences and advantages — Duty of connecting lines.

4. Long and short haul regulations Power of commis-

sion

6,

1-6

6

6

7

3

26X85

w

-

PAGE.

5. Pools and combinations prohibited

7

6. Schedule of rates to be published Rates through for-

eign country — Change of rates must be on notice -

Provision as to joint tariff rates — Publication con-

dition precedent
Preference time of war

7-10

Elkins Act — Sec. 1. Liability for acts of agents, re-

ceivers, trustees, etc. - Rebates Forfeiture of three

times amount as additional penalty

10-13

7. Commerce act — Continuous carriage from point of ship-

ment to point of destination

13

8. Liability of carrier in damages

14

9. Remedy of shipper in alternative by complaint to com.

mission or suit in Federal court

14

10. Criminal liability of carrier - Criminal liability of car.

rier for false bills, weights or classification — Crim-

inal liability of shipper for false weights, bills or clas-

sification Joint and several liability of shipper and

carrier

14-17

11. Interstate Commerce Commission created

17

12. Commission may prosecute through United States Dis.

trict Attorney — Witnesses Attendance compulsory

- Penalty for disobedience of witness - Testimony

taken by deposition - Deposition, how taken For-

eign witnesses Fees

18-20

13. Complaint to commission, how made — Investigations,

how conducted · Complaints by State Railroad Com-

mission

20

14. Reports and findings of commission shall be evidence. . 20-21

15. Commission may fix rates When order of commission

takes effect — Supplemental order, joint rates — Pay-

ment by carrier for services and instrumentalities. . 21-23

16. Order for damages, how enforced - Findings of com-

mission prima facie evidence Damage claims to be
mission prima facie evidence — Damage claims to be
filed within two years — Damage claims — Parties
Order, how served, modification or suspension of -
Orders, how enforced - Penalties and forfeitures
When orders enforced by injunction — Appeal — Venue

Provisions as to court review - Schedules filed

prima facie evidence

23-28

16a. Application for rehearing

29

17. Procedure before Interstate Commerce Commission

29

18. Salary of commission -- Fees and expenses

19. Sessions of commission, where held

30

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-

-

-

28,

29
TABLE OF CONTENTS.

PAGE.

-

SEC. 20. Annual reports—Contents—Uniformity-Uniform books

and accounts of carriers, when compulsory - Man-

damus on application of commission or attorney-gen-

eral — Bill of lading compulsory Initial carrier

liable for damages ..

30-34

21. Commission to make annual reports to Congress.

35

22. Free or reduced rates Excursions Mileage Com-

mutation rates - Remedies cumulative

35-36

23. Remedy by mandamus to move traffic or furnish cars.. 36–37

24. Commerce commission enlarged Salaries — Term of

office

37

Act June 29, 1906. Application of existing laws —

Repealer — Act to take effect

37-38

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39

CHAPTER II.

I. Constitutional Limitations — Sumptuary Laws — Police Power.

SEC. 1. Interstate commerce Original package, what consti-

tutes

2. Interstate commerce — When State liquor laws not op

erative as to

3. Interstate commerce When sale of liquors is not....

4. Interstate commerce Sale of liquors — Wilson Act con-

strued

5. Interstate commerce State law cannot compel furnish-

ing cars for

6. Interstate commerce Taxation - Business within the

State

II. Constitutional Limitations - Immunity.

7. Immunity defined — Immunity statute ....

8. Immunity under Federal statute - Act of Feb. 25, 1903,

construed

9. Immunity under State statute — Constitutionality sus-

tained

10. Immunity - Examination before grand jury

11. Immunity - Testimony before grand jury

12. Immunity does not extend to corporation

13. Immunity from search and seizure extends to co07002

tion

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50

III. Commerce Act — Elking Act - Pooling Rebates -- Discriminado

Sec. 14. Unreasonable rates — Charges based on shippes' maks. 54