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The Federal Courts and the Orders of the Interstate Commerce Commission

The Federal Courts and the Orders of the Interstate Commerce Commission


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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. 1905. Excerpt: ... statement, that no just rule of construction would tolerate a grant of such power by mere implication." "The words and phrases efficacious to make such a delegation of power are well understood and have been frequently used, and if Congress had intended to grant such a power to the Interstate Commerce Commission it cannot be doubted that it would have used language open to no misconstruction, but clear and direct." Summerville Hay Case. "The Interstate Commerce law was intended to promote trade. Such a construction as is now sought would destroy competition, the life of trade."--Decision of the Circuit Court in this case. The rate on hay from Memphis, Tennessee, to Charleston, South Carolina, was nineteen cents per hundredweight. The complainant did business at Summerville, South Carolina, an intermediate point on defendants' line from Memphis to Charleston and on shipments of hay from Memphis to Summerville over their line was charged twenty-eight cents per hundredweight, a rate equal to the Memphis to Charleston rate plus the local rate back from Charleston to Summerville. On this state of facts complaint was made to the Commission and an order obtained requiring the defendants to charge as low rates from Memphis to Summerville as to Charleston. The Commission, in its decision gave ample evidence of the fact that this order was no more than a move in a game of checkers which it proposed to play with the defendants, and that it had as little expectation of obedience as it had confidence in the substantial justice of the rule which the order nominally prescribed. The Commission wished to be appealed to for a relieving order under the "proviso" clause of the Fourth section of the law and, in order to compel the defendants to submit such an appeal, refus...


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Product Details
  • ISBN-13: 9780217304665
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 50
  • Spine Width: 3 mm
  • Width: 189 mm
  • ISBN-10: 0217304664
  • Publisher Date: 04 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 109 gr

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