APPROVED JUNE 29, 1906, AMENDING THE COM-
MERCE ACT AND ELKINS act,

WITH AN INTRODUCTION

AND FULL NOTES OF JUDICIAL DECISIONS REN-
DERED SINCE THE PUBLICATION OF THE
WORK IN JULY, 1904, WITH A REFER-
ENCE TO THE ANTI-TRUST LAWS

OF THE SEVERAL STATES.

NOTION RD
3/2-26
EIP

1

INCLUDING ALSO

THE EMPLOYERS' LIABILITY BILL, PURE FOOD BILL, MEAT
INSPECTION BILL AND HALL-MARK OR JEWELERS'
LIABILITY BILL.

་་་

CONTAINING ALSO INDEX AND TABLE OF CASES

BY WILLIAM aartine

SNYDER,

OF THE NEW YORK BAR

1845-1'v

NEW YORK

BAKER, VOORHIS & COMPANY

26×65

03-14-46 7W

The Chesapeake and Ohio case and Tobacco Trust decisions.

xxxi

Analysis of Interstate Commerce Act.

SEC. 1. Interstate commerce defined Definitions

carrier

Common

Railroad transportation — Charges must be

reasonable - Free transportation, when prohibited

Carriers not to deal in commodities transported

Switches and terminal facilities

---

2. Rebates prohibited — Unjust discrimination defined....

3. Preferences and advantages-Duty of connecting lines.
4. Long and short haul regulations Power of commis-

sion

3

1-6

6

6

SEC. 5.

6.

Pools and combinations prohibited

Schedule of rates to be published — Rates through for-

eign country-Change of rates must be on notice -

Provision as to joint tariff rates — Publication con-

dition precedent — Preference time of war

Elkins Act-Sec. 1. Liability for acts of agents, re-

ceivers, trustees, etc. - Rebates - Forfeiture of three

times amount as additional penalty

PAGE.

7

7-10

10-13

9.

Remedy of shipper in alternative by complaint to com-

mission or suit in Federal court

14

10.

11.

12.

13.

14.

15.

16.

-

14-17

Criminal liability of carrier - Criminal liability of car-

rier for false bills, weights or classification Crim-

inal liability of shipper for false weights, bills or clas-

sification Joint and several liability of shipper and

carrier

Interstate Commerce Commission created

Commission may prosecute through United States Dis-

trict Attorney Witnesses Attendance compulsory

Penalty for disobedience of witness Testimony

taken by deposition - Deposition, how taken — For-

eign witnesses - Fees

Complaint to commission, how made - Investigations,

how conducted - Complaints by State Railroad Com-

mission

-

17

18-20

20

Reports and findings of commission shall be evidence.. 20-21

Commission may fix rates - When order of commission

takes effect Supplemental order, joint rates — Pay-

ment by carrier for services and instrumentalities.. 21-23

Order for damages, how enforced Findings of com-

mission prima facie evidence - Damage claims to be

mission prima facie evidence — Damage claims to be

filed within two years

Damage claims - Parties -

Order, how served, modification or suspension of -

Orders, how enforced Penalties and forfeitures

When orders enforced by injunction - Appeal-Venue

- Provisions as to court review - Schedules filed

prima facie evidence

Procedure before Interstate Commerce Commission

Salary of commission -- Fees and expenses

29

29

19.

Sessions of commission, where held

30

4

TABLE OF CONTENTS.

PAGE.

SEC. 20. Annual reports-Contents-Uniformity-Uniform books
and accounts of carriers, when compulsory — Man-
damus on application of commission or attorney-gen-
eral - Bill of lading compulsory Initial carrier

liable for damages

-

21. Commission to make annual reports to Congress.

22.

Free or reduced rates - Excursions - Mileage

Remedies cumulative

mutation rates

---

23. Remedy by mandamus to move traffic or furnish cars.. 36-37

24. Commerce commission enlarged Salaries - Term of

office

Act June 29, 1906. Application of existing laws

Repealer Act to take effect

37

37-38

CHAPTER II.

I. Constitutional Limitations - Sumptuary Laws-Police Power.

7. Immunity defined - Immunity statute ....

8. Immunity under Federal statute - Act of Feb. 25, 1903,

construed

45

47

9. Immunity under State statute. Constitutionality sus-

tained

-

10. Immunity — Examination before grand jury

11. Immunity-Testimony before grand jury

12. Immunity does not extend to corporation

13. Immunity from search and seizure extends to comporar

tion

III. Commerce Act - Elkins Act - Pooling Rebates-Discrimination.

SEC. 14. Unreasonable rates Charges based on shippers' profits. 54

15. Pooling What constitutes