The Law of Interstate Commerce and Its Federal Regulation - Frederick Newton Judson - Google 圖書

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THE FEDERAL POWER OF REGULATION IN INTERSTATE

60. No judicial formulation of extent of power...

61. The supremacy of federal regulation..

62. Federal regulation of employes performing both intrastate

and interstate service......

The federal regulating power and state corporations........ 103

64. Limitations upon the federal authority in interstate com-

65. Prohibition as a means of regulation...

66. Regulation of commerce through the taxing power...

67. The federal power of granting corporate charters....

68. Federal incorporation as a means in the exercise of the com-

The requirement of federal franchise for business corpora-

tions in interstate commerce..

71. The development of the latent federal power in the regula-

tion of commerce..

BUSINESS COMBINATIONS IN INTERSTATE COMMERCE.

72. The demand for federal regulation of business combinations 117

73. The Anti-Trust Act of 1890.......

77. A reasonable construction and reasonable restraints of trade

Suppression of competition must be substantial to be a re-

straint of trade

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87. No distinction as to commodities subject of contract....

LABOR COMBINATIONS IN INTERSTATE COMMERCE.

§ 88. The labor legislation of congress...

89. Regulation of interstate commerce in relation to labor...... 143

90. The courts on labor combinations in relation to interstate

91. Interstate commerce and railroad labor organization...

92. Business boycotts in interstate commerce.....

93. Strikes and boycotts by employes of interstate carriers....

The law of conspiracy in interstate commerce..

Distinguished from common-law conspiracy..

Interstate commerce in relation to employes therein....

"Picketing" and "soliciting" in interstate commerce.

98. The status of interstate railroad employes is that of free

......

99. The right of labor organization includes the right of repre-

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§ 106. State regulation of railroads through state commissions... 171

107. Assessment of expense of state regulation upon railroads.. 172

108. State regulation not dependent upon state incorporation.. 173

109. State cannot regulate any part of interstate rates......... 174

110. Competitive effect of intrastate rates upon interstate rates 175

111. The fourteenth amendment

112. Federal review of state regulation of railroads............ 178

113. The federal jurisdiction must be invoked on substantial

.....

114. Jurisdiction of the federal courts not limited by state legis-

115. Injunctions against state officials not violative of the elev-

116. The regulating orders of state commissions legislative, not

117. Procedure in federal review of state legislation.....

118. Temporary injunctions in federal control of state legisla-

....

119. Temporary injunction under act of 1910.....

Reasonableness and confiscation in regulation of rates.... 187

121. State rates determined without reference to interstate traffic 189

122. The supreme court on state regulation....

Schedules of rates and special rates......

124. The valuation of railroad property in state regulation..... 193

125. The apportionment of railroad property in state regulation 195

126. Confiscation in state regulation; how proved..
196

127. Rate of profit necessary to avoid charge of confiscation.... 199

128. Protection of the carrier against discriminating state regu-

129. The state power of regulation not limited to rates.

130. The state anti-trust laws and the fourteenth amendment.. 205

131. Classification in state railroad legislation....

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133. Section 1 as amended by Act of June 18, 1910.

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140. Under common control, management, or arrangement for a

144. Receivers, lessees, and purchasers pendente lite.

145. Foreign commerce

146. Place of incorporation of carrier immaterial..

147. The intention of interstate shipment not sufficient.

148. All instrumentalities of shipment or carriage..

Delivery, cartage, storage, and demurrage charges....

Commerce court on terminal facilities and plant facilities.. 233

151. Bulk grain storage as part of transportation...

152. The amendments of section as to accessory charges.

Carriage of live stock and perishable property.

Refrigeration in transit

155. Private cars

159. The establishment of through routes..

160. Classifications, regulations, and practices..

161. Charges must be reasonable and just.....

162. Practical difficulties in the enforcement of reasonableness

Standard of reasonableness under state statutes..

Standard of reasonableness under the act.....

165. The power of the commission in fixing rates.

166. No power in the courts to fix rates....

167. The federal courts on reasonableness of railroad rates.... 252

168. The value of railroad property as a basis for rate regulation 254

169. The unearned increment in valuation of railroad property

170. The relation of railroad rate to investment of earnings in

173. Rulings of the commission upon the reasonableness of rates 258

174. Limitation of the commission's power in fixing rates...... 259

175. Presumptions of reasonableness from established rates.... 260

176. Burden of proof ...

177. Considerations in the determination of reasonableness.... 261

178. What is a reasonable rate.......

179. Res judicata with respect to rates....

180. Through rates and local rates....

Reasonableness in commutation rates.....

Relation of interstate to state rates.

183. Rates as affected by development of country.

184. Commission on the interdependence of rates..............

185. The commerce court on interdependence of rates....... 268

Reasonableness of rates as dependent on character of traffic 269

Distance as a factor in rates....

The commission on comparison of rates.....

Reasonableness of rates as relating to cost of service and

The commission on rate wars and reasonableness of rates.. 274

§ 192. Section 2. Unjust discrimination defined and forbidden.. 275

193. Origin of the section....

194. Purpose of the section.....

Effectiveness of the section. The Act of February 19, 1903 278

196. Common law as to discriminations....

197. Just and unjust discrimination at common law...

Discrimination in charge based upon differences in service

not discriminative

199. Circumstances and conditions of through traffic and local

traffic are dissimilar....

200. Competition of carriers does not make circumstances dis-

similar under section 2.....

201. The party rate case.......

202. Wholesale and retail rates in freight traffic.....

203. Wholesale rates in freight and passenger traffic distin-

Discrimination not unjust when based on special service.. 290

Carload and less than carload rates....

Discrimination in application of carload rates..

209. Cargo rates discriminative.....

The supreme court on forwarding agents in carload rates. 293

Discrimination in carload rates....

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213. Discrimination through interest in connecting company.. 299

214. Discrimination by carrier in favor of itself as a shipper... 299

Discrimination in storage of goods, etc..

Stoppage in transit privileges.

217. Unjust discrimination through abuse of stoppage in transit

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225. Effect of rebates upon contracts of affreightment......... 310

226. Discrimination in allowance to private transfer companies 311

$27. Section 3. Undue or unreasonable preference or advantage

230. Preferences of localities enforced by competition are not

Application of the competition rule......

...

232. Whether competition is controlling is a question of fact... 319

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