The Commodities' Clause: A Treatise on the Development and Enactment of the Commodities' Clause and Its Construction when Applied to Inter-state Railroads Engaged in the Coal Industry |
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Page 32
... regulate rates wholly within the state to insure the rights of property ; and , " Minn . Rate Case , " 5 Fed . Rep . 184 ( Concurred in by S. C. ) , where it was held that the federal government may not only so regulate intrastate rates ...
... regulate rates wholly within the state to insure the rights of property ; and , " Minn . Rate Case , " 5 Fed . Rep . 184 ( Concurred in by S. C. ) , where it was held that the federal government may not only so regulate intrastate rates ...
Page 74
... 1 , Sec . 8 , giving Congress power to regulate com- merce between the states . tate such disorganization and panic as would threaten our very 74 CHAPTER III Legislative History of the Commodities' Clause Preliminary Considerations,
... 1 , Sec . 8 , giving Congress power to regulate com- merce between the states . tate such disorganization and panic as would threaten our very 74 CHAPTER III Legislative History of the Commodities' Clause Preliminary Considerations,
Page 85
... regulate commerce " as amended by other acts including " an act in relation to testimony before the Interstate Commerce Com- mission . " 48 The popular press , of course , approved of this action . The 42 S. Doc . 256 , p . 3440 , 59th ...
... regulate commerce " as amended by other acts including " an act in relation to testimony before the Interstate Commerce Com- mission . " 48 The popular press , of course , approved of this action . The 42 S. Doc . 256 , p . 3440 , 59th ...
Page 101
... regulate ; thirdly , that many railways acting under state au- thority had become owners and operators of coal properties , and that the Commodities ' Clause interfered with the vested rights so established ; and fourthly , that the ...
... regulate ; thirdly , that many railways acting under state au- thority had become owners and operators of coal properties , and that the Commodities ' Clause interfered with the vested rights so established ; and fourthly , that the ...
Page 102
... regulate such carriers in so far as they entered into interstate commerce . " In effect , " said Judge Buffington , " it would place in each state a veto on the power to regulate conferred on the United States . " 20 III . The ...
... regulate such carriers in so far as they entered into interstate commerce . " In effect , " said Judge Buffington , " it would place in each state a veto on the power to regulate conferred on the United States . " 20 III . The ...
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Other editions - View all
The Commodities' Clause: A Treatise on the Development and Enactment of the ... Thomas Latimer Kibler No preview available - 2016 |
Common terms and phrases
1st Sess 59th Cong 60th Cong acres of coal agreement amendment anthracite coal appears authority of Joint Baltimore and Ohio bill bituminous bituminous coal cars cent Clause Coal and Coke Coal and Iron coal and oil Coal Company coal industry coal lands coal mines coal properties Commission re coal Committee on Interstate Commodities common carriers Congress contracts corporation Delaware federal Francis Walker Fuel Company Gov't Exhibit holdings interests Interstate Commerce Commission J. P. Morgan Joint Res latter lease Lehigh Valley Lehigh Valley Railroad lines manufacturing monopoly Moody's Magazine Navigation Company oil under authority output pany portation produced prohibit purchase rail railroad company rates Reading Reading Co Reading Company regulate Report resolution roads S. C. of U. S. secured Senate shippers statute stock ownership Supreme Court Testimony tion tonnage transportation typewritten form Utah Fuel Company Valley Coal West Virginia Wilkes-Barre
Popular passages
Page 89 - From and after May first, nineteen hundred and eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or commodity, other than timber and the manufactured products thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole, or in part, or in which it may have any interest direct or indirect...
Page 88 - That the provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines...
Page 102 - We then construe the statute as prohibiting a railroad company engaged in interstate commerce from transporting in such commerce articles or commodities under the following circumstances and conditions: (a) When the article or commodity has been manufactured, mined or produced by a carrier or under its authority, and at the time of transportation the carrier has not in good faith before the act of transportation dissociated itself from such article or commodity...
Page 85 - ... private side track, which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same...
Page 88 - ... who shall be considered and held to be common carriers within the meaning and purpose of this act...
Page 102 - In my judgment the act, reasonably and properly construed, according to its language, includes within its prohibitions a railroad company transporting coal, if, at the time, it is the owner, legally or equitably, of stock — certainly, if it owns a majority or all the stock — in the company which mined, manufactured or produced, and then owns, the coal which is being transported by such railroad company.
Page 99 - ... construed, not confined to the time when a carrier transports the commodities with which the prohibitions are concerned, and hence the prohibitions attach and operate upon the right to transport the commodity because of the antecedent acts of manufacture, mining or production. Certain also is it that the two prohibitions concerning ownership, in whole or in part, and interest, direct or indirect, speak in the present and not in the past; that is, they refer to the time of the transportation of...
Page 148 - No such company shall subscribe to or participate in any underwriting of the purchase or sale of securities or property, or enter into any transaction for such purchase or sale on account of said company jointly with any other person...
Page 109 - But a series of such contracts, if the result of a concerted plan or plot between the defendants to thereby secure control of the sale of the independent coal in the markets of other States, and thereby suppress competition in prices between their own output and that of the independent operators, would come plainly within the terms of the statute, and as parts of the scheme or plot would be unlawful.
Page 153 - No student of the railroad problem can doubt that a most prolific source of financial disaster and complication to railroads in the past has been the desire and ability of railroad managers to engage in enterprises outside the legitimate operation of their railroads, especially by the acquisition of other railroads and their securities.