The Railroad Bill and the Court of Commerce

1910 ◽  
Vol 4 (4) ◽  
pp. 537-554
Author(s):  
James Wallace Bryan
Keyword(s):  
Constitutional Law ◽  
The United States ◽  
Judicial System ◽  
Interstate Commerce Commission ◽  
Modern Life ◽  
Secondary Importance ◽  
Railroad Transportation ◽  
Interstate Commerce ◽  
American Law ◽  
Federal Control

The new railroad bill considerably widens the domain of federal control over interstate railroad transportation, and should serve to elevate the Interstate Commerce Commission to a position of correspondingly enhanced influence. New matters have been subjected to the jurisdiction of that body, and its powers in those matters already confided to it are substantially augmented in important particulars. But interesting as are these portions of the new law in themselves, they represent in the main nothing more than extensions and elaborations of principles already firmly established in former Acts regulating interstate commerce. To the student of constitutional law they present no problem that has not been thoroughly discussed in the debates over previous bills or settled by the courts. His attention, however, is at once arrested by the court feature of the new bill, although this occupied a position of secondary importance in the debates in Congress. This newly created Court of Commerce represents a notable innovation in the judicial system of the United States. It is a tribunal unlike any other known to American law, and its establishment warns us that even the judiciary may not wholly escape the effect of the universal tendency toward specialization which is such a prominent feature of modern life.

Organization of the Executive Branch of the National Government of the United States: Changes between June 1 and July 15, 1938

1938 ◽  
Vol 32 (5) ◽  
pp. 931-935
Author(s):  
L. F. Schmeckebier
Keyword(s):  
United States ◽  
The United States ◽  
Executive Branch ◽  
National Government ◽  
Executive Order ◽  
Interstate Commerce Commission ◽  
Interstate Commerce ◽  
Department Of Commerce

As in previous lists, mention is here confined generally to units specifically authorized by law or established by the President by executive order under general authority vested in him. Changes in units created by heads of departments or independent establishments are excluded unless of major importance.Air Commerce Bureau, Department of Commerce. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.Air Mail Bureau, Interstate Commerce Commission. Duties transferred to Civil Aëronautics Authority by Civil Aëronautics Act of 1938 (Public Act No. 706, 75th Congress), approved June 23, 1938.

scholarly journals A financial analysis of the interstate commerce commission (ICC) termination act of 1995 on the motor carrier industry

1999 ◽  
Vol 11 (1) ◽  
pp. 23-36
Author(s):  
Joe B Hanna ◽  
Robert A Kunkel ◽  
Gregory A Kuhlemeyer
Keyword(s):  
Financial Analysis ◽  
Past Research ◽  
The United States ◽  
Positive Trend ◽  
Interstate Commerce Commission ◽  
Publicly Traded ◽  
Motor Carrier ◽  
Interstate Commerce ◽  
Motor Carrier Industry ◽  
Study Methodology

Since the late 1970's the United States has progressively deregulated the motor carrier industry. Throughout the 1980's, deregulation was viewed as a positive trend by most industry practitioners. Past research has determined that, despite the fact that bankruptcies have increased since deregulation, the motor carrier industry has benefitted by less government intervention. The current study attempts to ascertain if motor carrier deregulation is still perceived positively in the mid-1990's. This research uses an event study methodology to examine the immediate financial impact of the ICC Termination Act of 1995 on 44 motor carrier industry participants. The results indicate deregulation is still perceived positively by shareholders as illustrated by the average publicly traded motor carrier benefittingby between $1.25 million and $6.1 million duringthe period surrounding termination of the Interstate Commerce Commission. In all likelihood, shareholders of companies in this industry benefitted due to the perception that industry deregulation leads to the ability to expand and pursue business opportunities previously restricted while operatingunder a more regulated regime.

Constitutional Law in 1918–1919. I: The Constitutional Decisions of the Supreme Court of The United States in the October Term, 1918

1919 ◽  
Vol 13 (4) ◽  
pp. 607-633
Author(s):  
Thomas Reed Powell
Keyword(s):  
United States ◽  
West Virginia ◽  
Supreme Court ◽  
Constitutional Law ◽  
The United States ◽  
State Laws ◽  
Interstate Commerce ◽  
The Supreme Court ◽  
Personal Use ◽  
Constitutional Decisions

United States v. Hill by a vote of seven to two sustained the so-called Reed Amendment by which Congress prohibited the introduction of liquor into any state which forbade the sale or manufacture of liquor within its borders. West Virginia, though interdicting manufacture and sale, allowed any person to bring into the state for personal use a quart of liquor each month. Since Mr. Hill did only what West Virginia sanctioned, Mr Justice McReynolds for himself and Mr. Justice Clarke insisted that “the Reed Amendment in no proper sense regulates interstate commerce, but is a direct intermeddling with the state's internal affairs.” He inquired rhetorically: “If Congress may deny liquor to those who live in a state simply because its manufacture is not permitted there, why may not this be done for any suggested reason, e.g. because the roads are bad or men are hanged for murder or coals are dug. Where is the limit?” For the majority Mr. Justice Day answered that the control of Congress over interstate commerce is not limited by state laws and that “the policy of Congress acting independently of the states may induce legislation without reference to the particular policy or law of any given state.”

Constitutional Law in 1929–30: The Constitutional Decisions of the Supreme Couet of the United States in the October Term, 1929

1931 ◽  
Vol 25 (1) ◽  
pp. 73-102
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Constitutional Law ◽  
The United States ◽  
The State ◽  
Interstate Commerce ◽  
Bill Of Lading ◽  
Local Taxation ◽  
The Supreme Court ◽  
Constitutional Decisions ◽  
Oil Company

The Supreme Court continues its century-long task of drawing the line that separates commerce which is interstate or foreign from that which is local. The realistic nature of the test which it uses is made clear in two cases decided during the present term. In Superior Oil Company v. Mississippi ex rel. Knox, the plaintiffs, by a cleverly devised arrangement of technicalities, sought to make it appear that they were selling gasolene in interstate commerce. They hoped thus to escape the payment of the tax of three, and later four, cents a gallon imposed by Mississippi law upon the sale of gasolene within the state. The device used was as follows: The plaintiffs sold oil and gasolene to fish packers in Mississippi and delivered it to them at their wharves. The packers loaded this onto their own boats and sent it to a point in Louisiana where they in turn delivered it to shrimp fishermen who used it in fishing. The fishermen brought back their catch and sold it to the packers and were charged for the oil and gasolene. In each case the oil company gave the packers a bill of lading stipulating that the gasolene remained the company's property until delivered to the consignee's agent at the point of destination. In other words, a Mississippi seller deliberately takes gasolene outside the state of Mississippi in order to deliver it to a Mississippi buyer in the expectation that the transaction will have the appearance of interstate commerce and escape local taxation as such.

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