Federal Regulation of Railway Rates

Paperback | January 18, 2012

byAlbert Newton Merritt

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... CHAPTER IV THE INTERSTATE COMMERCE ACT AND ITS INTERPRETATION BY THE COMMISSION AND BY THE COURTS The Federal Government was slow to exercise its undoubted right to regulate interstate commerce. The early theory was that Congress and the states exercised concurrent jurisdiction over this subject, and that the states might therefore make whatever regulations they saw fit, provided that they did not discriminate against goods from other states. In the case of Livingston vs. Ingen, decided in 1812, it was held that in the absence of any Act of Congress to the contrary the State of New York lawfully granted a monopoly of steamboat transportation upon the Hudson River for a period of twenty years. In the subsequent case of Gibons vs. Ogden,1 the Supreme Court of the United States held that the Act of the Legislature of New York was invalid, so far as it prohibited the navigation of steam vessels possessing a license to engage in the coasting trade, under a general Act of Congress. The court strongly asserted that the authority of Congress over interstate and foreign commerce was supreme. This right to regulate interstate commerce was held to include the right to regulate navigation, and the transportation of goods from one state to another, as well as the buying and selling of commodities. In spite of the broad grounds upon which this decision was based, and of its strong assertion that the power of Congress over interstate commerce was supreme, even to the exclusion of concurrent jurisdiction by the states, the theory still prevailed that wherever Congress had not « 0 Wheaton, 1. acted, the states might make whatever regulations they saw fit. The result was that when railroads began to be built, and a large amount of through traffic was developed, it was...

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907. Excerpt: ... CHAPTER IV THE INTERSTATE COMMERCE ACT AND ITS INTERPRETATION BY THE COMMISSION AND BY THE COURTS The Federal Government was s...

Format:PaperbackDimensions:78 pages, 9.69 × 7.44 × 0.16 inPublished:January 18, 2012Publisher:General Books LLCLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0217836216

ISBN - 13:9780217836210

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