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be sufficiently emphasized at all times in all situations that public servants may not adopt to the prejudice of their public various profitable policies, and then justify them as inherent rights which other men in ordinary business may use in the advancement of their interests.

§ 41. State control not socialism.

Regulation to the extent here proposed does not mean socialism. This programme proposed such supervision of those businesses which have become public in their character as the situation demands; but it leaves the management of these concerns in the hands of their owners. Belief in State control of public utilities does not lead one to socialism; indeed, it saves one from socialism if truly understood. It is only in those few businesses where the conditions are monopolistic that dangerous power over their public has been attained by those who have the control. In most businesses the virtual competition which prevails puts the distributors at the mercy of their public. In current opinion the recognition of this distinction is manifest. The demand is for freer trade where competition prevails and stricter regulation where monopoly is found. In this time of peril to our industrial organization faith in our common law may show the way out. It cannot be that this law has guided our destinies from age to age through the countless dangers of society, only to fail us now.

CHAPTER II

STATUTORY REGULATION

§ 50. Provisions of the Act.

51. Development of legislative control.

Topic A. Course of Legislation in England

§ 52. Carriers' liability before 1830.

53. The Carriers' Act of 1830.

54. The Railway and Canal Traffic Act of 1854.

55. The Railway and Canal Commission.

56. Scope of its powers.

57. Increase by later amendments.

58. Influence of English legislation.

59. Authority of English decisions.

Topic B. Regulations in the States

§ 60. The Granger rate legislation.

61. Railroad commissions of former times.

62. Additions to their powers.

63. The modern public service commissions.

64. The spread of the movement.

65. Extent of their supervision.

66. Regulation of rates.

67. Adequacy of service.

68. Keeping of accounts.

69. Issue of securities.

Topic C. The Establishment of the Federal Commission

§ 70. The Interstate Commerce Act of 1887.

71. Scope of the original provisions.

72. Immediate amendments found necessary. 73. The Elkins Act of 1903.

74. The long and short haul clause.

75. Limited jurisdiction over rates.

76. Lack of power over through rates.

77. The occasion for radical changes.

Topic D. The Strengthening of the Commission

78. The Hepburn Act of 1906.

79. Effect of these Amendments.

80. Occasion for the Act.

be sufficiently emphasized at all times in all situations that public servants may not adopt to the prejudice of their public various profitable policies, and then justify them as inherent rights which other men in ordinary business may use in the advancement of their interests.

$41. State control not socialism.

Regulation to the extent here proposed does not mean socialism. This programme proposed such supervision of those businesses which have become public in their character as the situation demands; but it leaves the management of these concerns in the hands of their owners. Belief in State control of public utilities does not lead one to socialism; indeed, it saves one from socialism if truly understood. It is only in those few businesses where the conditions are monopolistic that dangerous power over their public has been attained by those who have the control. In most businesses the virtual competition which prevails puts the distributors at the mercy of their public. In current opinion the recognition of this distinction is manifest. The demand is for freer trade where competition prevails and stricter regulation where monopoly is found. In this time of peril to our industrial organization faith in our common law may show the way out. It cannot be that this law has guided our destinies from age to age through the countless dangers of society, only to fail us now.

CHAPTER II

STATUTORY REGULATION

§ 50. Provisions of the Act.

51. Development of legislative control.

Topic A. Course of Legislation in England

§ 52. Carriers' liability before 1830.

53. The Carriers' Act of 1830.

54. The Railway and Canal Traffic Act of 1854.

55. The Railway and Canal Commission.

56. Scope of its powers.

57. Increase by later amendments.

58. Influence of English legislation.

59. Authority of English decisions.

Topic B. Regulations in the States

§ 60. The Granger rate legislation.

61. Railroad commissions of former times.

62. Additions to their powers.

63. The modern public service commissions.

64. The spread of the movement.

65. Extent of their supervision.

66. Regulation of rates.

67. Adequacy of service. 68. Keeping of accounts.

69. Issue of securities.

Topic C. The Establishment of the Federal Commission

§ 70. The Interstate Commerce Act of 1887.

71. Scope of the original provisions.

72. Immediate amendments found necessary. 73. The Elkins Act of 1903.

74. The long and short haul clause.

75. Limited jurisdiction over rates.

76. Lack of power over through rates.

77. The occasion for radical changes.

Topic D. The Strengthening of the Commission

78. The Hepburn Act of 1906.

79. Effect of these Amendments.

80. Occasion for the Act.

§ 81. Installation of private switches. 82. Regulation of private facilities.

83. Power to fix maximum rates.

84. Ordering through routes and rates.
85. The problem of the industrial railways.

Topic E. The Elaboration of Its Powers

886. The Mann Act of 1910.

87. The new long and short haul clause.

88. Establishment of through routes. 89. Suspension of rate advances.

90. The Hadley Commission. 91. The Commerce Court.

92. The Panama Act.

93. The Valuation Act.

Topic F. Recent Decisions Defining Jurisdiction

§ 94. The Abilene Oil case.

95. The Proctor Gamble case.

96. The Williamette Valley case.

97. The Lemon Rates case.

98. The Baltimore & Ohio case.

99. The Minnesota rate case.

100. The Shreveport case. 101. The Intermountain case.

102. The Pipe Line case.

103. Inherent limitations upon Commission action.

§ 50. Provisions of the Act.

The history of the course and progress of the action of the powers of Congress over commerce through the instrumentality of the Commission is written most briefly in the preamble at the head of the pamphlet containing the Act as amended, in the form in which it is now published by the Government Printing Office: "An Act to Regulate Commerce, approved February 4, 1887, as amended by an act approved March 2, 1889 (25 Statutes at Large, 855), by an act approved February 10, 1891 (26 Statutes at Large, 743), by an act approved February 8, 1895 (28 Statutes at Large, 643), by an act approved June 29, 1906 (34 Statutes at Large, 584), by a joint resolution approved June 30, 1906 (34 Statutes at Large, 838), by an act approved April 13, 1908 (35 Stat

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