Book Description

Excerpt from A Treatise on the Interstate Commerce Act, Vol. 1: And Digest of Decisions Construing the Same The Commerce Clause has probably been the subject of more litigation of importance in the Federal Courts, than any other provision of the Constitution. It is not within the scope of this book to discuss the many decisions defining, the power of Congress over Interstate Commerce, nor to take up all the litigation in connection with the various statutes passed by Congress in the exercise of this power. The present work is restricted to the particular Act of Congress known as the Interstate Commerce Act, and its various Amendments. This legislation constitutes, as it were, a subject standing by itself and the aim of the author has been to include every decision, both of those of the Courts and those of the Interstate Commerce Commission, which has involved a construction of these Statutes. The Act is printed at the beginning of Volume I in its amended form. The foot-notes, however, show in detail every change made in the original Act of 1887 by each of the various Amendments down to the present time, making it possible to determine at a glance, on reading a given decision, exactly what form the law was in when the decision was rendered. In discussing the various questions arising under this Act, it has been found entirely impracticable to follow the Sections of the Act. The subject has been divided into two parts - The Substantive Requirements of the Act, and The Enforcement of the Act. Part I. deals with the provisions requiring reasonable charges, prohibiting unjust discriminations and undue preferences and pooling of freights, and requiring publication of charges and adherence to tariff rates, and the allowance of switch connections. The decisions on the Commodities Clause and on the Carmack Amendment also form the subject of two chapters. Part II. deals with the powers and duties of the Interstate Commerce Commission in connection with this Act, and with the various civil, penal and criminal proceedings in the Courts available for its enforcement. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.