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Full-Text Articles in Law
Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock
Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock
University of Michigan Journal of Law Reform
This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Recent Trends In Transport Rate Regulation, Leonard S. Goodman
Michigan Law Review
The object of this Article is to describe the trends in the Commission's work during the 1960's in some of the areas of rate regulation that could not be settled by mere reference to costs, and in other areas of changing rate policy. This was a prolific period for the Commission, one that involved many rate innovations and a sense of new direction in certain aspects of rate regulation. The present discussion of the Commission's rate work is in no sense complete; and there is no intention to make it so. By emphasizing the decisions of the recent decade, I …
Regulation Of Intermodal Rate Competition In Transportation, Joseph R. Rose
Regulation Of Intermodal Rate Competition In Transportation, Joseph R. Rose
Michigan Law Review
The controversy over intermodal rate competition comprehends both legal and economic issues. Clarity requires that each be explicitly stated and separately treated. The legal issues center on the meaning of section 15a(3) of the Interstate Commerce Act and the declaration of the National Transportation Policy that precedes the Act, which are the sources of the Commission's authority. The economic issues involve the effect on resource allocation of rate-making proposals devised to carry out these provisions of the Act.
Administrative Law-Primary Jurisdiction-Availability Of Common-Law Reparations Remedy Following Commission Finding Of Unreasonable Practice Under The Motor Carrier Act, James D. Zirin
Michigan Law Review
The petitioner delivered goods to respondent, a common carrier by motor vehicle, for shipment from Buffalo, New York, to New York City, with the route of shipment left unspecified. The goods were shipped over the carrier's interstate route at a higher tariff filed with the Interstate Commerce Commission rather than over its intrastate route at the lower tariff filed with the New York Public Service Commission. Alleging causes of action under the Motor Carrier Act and at common law, the petitioner brought a postshipment action in a federal district court seeking reparation of the difference paid. The court, after a …
Labor Law - Norris - Laguardia Act - Federal Courts Without Jurisdiction To Enjoin Strike In Support Of Demand That No Jobs Be Abolished Without Railiway Union's Consent, David G. Hill
Michigan Law Review
Respondent railroad sought authority from the South Dakota Public Utilities Commission to reduce the number of its station agents. Petitioner union not only contested but also demanded of the railroad that the following provision be added to the existing collective bargaining agreement: "No position in existence on December 3, 1957, will be abolished or discontinued except by agreement between the carrier and the organization." The commission thereafter found maintenance of the particular jobs to be wasteful and issued a mandatory order directing their abandonment. When the union prepared to strike in support of its demanded contract provision, the railroad sought …
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Administrative Law - Powers Of Agencies - The Interstate Commerce Commission And Discontinuance Of Railroads Under The Transportation Act Of 1958, Robert A. Smith
Michigan Law Review
The Transportation Act of 1958 amended the Interstate Commerce Act by authorizing railroad discontinuance of interstate train or ferry operations by posting advance notices thereof. The Interstate Commerce Commission can investigate such discontinuances either upon complaint or its own motion, and may require continuance of service if, after hearing, it finds such operation required by public convenience and necessity and not unduly burdensome to interstate commerce. Public Law 85-625, August 12, 1958, 72 Stat. 568.
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Antitrust Considerations In Motor Carrier Mergers, Carl H. Fulda
Michigan Law Review
Unification of separate independent business enterprises in a single organization may raise important questions of antitrust policy. The entity which emerges may have acquired, as a result of such unification, a market position of such significance that a substantial lessening of competition or even the creation of a monopoly becomes not only possible but probable. This would be apparent whenever opportunities for buyers of the products or services of the new single unit to shop freely, and to make independent decisions as to prices, channels of purchases and selection of suppliers were to be seriously curtailed, or where such curtailment …
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Constitutional Law-Interstate Commerce-Carriers-Validity Of State Statute Requiring Racial Segregation Of Passengers, George Brody S.Ed.
Michigan Law Review
Appellant, a passenger on a motor common carrier, was traveling from Virginia to Baltimore. Pursuant to a Virginia statute requiring all passenger motor carrier vehicles to "separate without discrimination the white and colored passengers in their motor busses so that contiguous seats will not be occupied by persons of different races at the same time" the driver of the carrier upon which appellant was traveling requested her to vacate her seat so that it could be used by a white passenger. She refused and was arrested and convicted under authority of a statute punishing such refusal. The Virginia Supreme Court …
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Carriers - Motor Carrier Act - Contract Carrier Permits Under The "Grandfather Clause", William H. Shipley, Jay W. Sorge
Michigan Law Review
The Rosenblum Truck Lines and Manhattan Truck Lines applied to the Interstate Commerce Commission for contract carrier permits under the so-called "grandfather clause" of the Motor Carrier Act of 1935. Prior to July 1, 1935, the applicants hauled only for common carriers by motor vehicle and, in each case, principally for a single common carrier. The freight so handled was always solicited by a common carrier and accumulated at its terminal. The applicants carried only the overflow freight, employing their own insurance and paying their own operating and maintenance costs. The Interstate Commerce Commission's finding that the applicants' equipment was …
Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons
Interstate Commerce - Motor Carrier Act Of 1935 - Power Of States To Regulate Interstate Carriers As To Sizes And Weight, Spencer E. Lrons
Michigan Law Review
The Motor Carrier Act of 1935 provides, in section 204 (a) (1) and (2), that the Interstate Commerce Commission, in performing its duty of regulating interstate motor carriers, shall have power to "establish reasonable requirements with respect to . . . safety of operation and equipment." In section 225, the act authorizes the commission "to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles. . . ." These two sections, when read together, indicate that Congress felt that sizes and weight regulations deserved consideration apart from general safety regulations. The former are …
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Railroads - Reorganization - Validity Of Conditioning Approval Of A Consolidation By Reference To Proper Treatment Of Employees, Kenneth J. Nordstrom
Michigan Law Review
A railroad made application to the Interstate Commerce Commission to obtain authorization to lease the lines of another railroad. The relevant federal statute provided that the commission should authorize consolidations and leases subject to such terms and conditions as it should find just and reasonable and as would promote the public interest. Accordingly, the commission conditioned approval of the lease by requiring that employees dismissed as a result of the lease be paid monthly allowances for fixed periods, or until securing re-employment; that those not dismissed be protected against any decrease in wages for five years, and reimbursed for expenses …
Constitutional Law - Carriers - Supersedure Of State Regulations By Federal Regulations - Regulation Of Hours Of Service Of Motor Vehicular Drivers - Effect Of Federal Motor Carrier Act Of 1935, Fred C. Newman
Michigan Law Review
Defendant, whose business was chiefly interstate, violated a statute of New Hampshire which regulated the hours of service of drivers of certain motor vehicles. The violation occurred after the passage of the Federal Motor Carrier Act of 1935, which, among other things, conferred authority upon the Interstate Commerce Commission "to establish reasonable requirements with respect to . . . maximum hours of service of employees" of common and contract carriers by motor vehicle in interstate commerce. At the time of the breach of the state statute, the Interstate Commerce Commission had not prescribed regulations as to hours of service. Defendant …
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
State Taxation Of Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
Although in point of years motor carrier transportation is in .ll. its infant stage, it has exhibited such prodigious growth as to take rank today as a business of huge proportions. In 1932 there were in the United States about 40,000 motor vehicles engaged in common carrier passenger service. Their operations for the year produced a gross revenue of $348,000,000, as compared with $612,000,000, produced by electric railway passenger operations, and $376,000,000, produced by steam railroad passenger operations.
The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard
The Emergency Railroad Transportation Act, 1933, Edwin C. Goddard
Michigan Law Review
From Munn v. Illinois to the Emergency Railroad Transportation Act of 1933 has been a long journey traveled by the public and the public utilities, notably the largest public utility, the railroads. In 1876 the very term "public utility" was unknown. The idea that the public could break in on laissez faire and regulate any business was to the persons regulated, and to their lawyers, odious. With them agreed Justices Field, Brewer, Peckham, and many another, who predicted that the public would not long tolerate such interference with business. But prophecy is hazardous, and these prophets were wrong.
Carriers - Allocation Of Rate Charges On Cost Basis
Carriers - Allocation Of Rate Charges On Cost Basis
Michigan Law Review
In a proceeding in equity to secure the annulment of an order of the Interstate Commerce Commission fixing the cost of icing, for shipments of poultry and dairy products originating in the six western states, on the "cost of ice" basis already existing in the other forty-two states, it was held that the rate is reasonable if it furnishes reasonable and adequate return for service rendered, and such return must pay cost of that service as distinguished from all other service, plus reasonable profit thereon; but that, in arriving at this "cost of ice" rate, the Interstate Commerce Commission was …
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Review: Watkins On Shippers And Carriers, Chas. E. Cullen
Michigan Law Review
A Book Review on WATKINS ON SHIPPERS AND CARRIERS Fourth edition by Edgar Watkins assisted by J. Halden Alldredge.
Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs
Carriers-Transportation Of Private Cars-Deviation From Rates In Filed Tariffs
Michigan Law Review
Complainants instituted this suit to set aside an order of the Interstate Commerce Commission prohibiting the transportation of private passenger train cars, including so-called office cars of other carriers, free or at other than published tariff rates. Held, the transportation of a private or office car of another carrier is subject to the filed tariffs which "apply to all traffic transportation and facilities" defined in the Interstate Commerce Act. L. & N. R. Co. and others v. United States, U. S. Sup. Ct. 1931, Adv. Op. No. 333, 51 Sup. Ct. 39.
Carriers-Division Of Joint Rates
Carriers-Division Of Joint Rates
Michigan Law Review
The divisions here involved were those to be made in joint rates between points in southwestern territory and those in western trunk-line territory, or via western territory to and from eastern points. The line between western and southwestern territory passes through St. Louis and other Missouri and Illinois towns. The divisions of these joint rates between the carriers in these territories had been in existence for many years and were without uniform or rational basis. The Interstate Commerce Commission, investigating these divisions, found them more favor able to southwestern lines than present circumstances justified. Conditions in southwestern territory had become …
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Compulsory Construction Of New Lines Of Railroad, Kenneth F. Burgess
Michigan Law Review
In the half century of public regulation of railroads in the United States, regulatory legislation has dealt primarily with functions incident to the operation of existing enterprises. The basic concept has been that railroad corporations as common carriers have voluntarily assumed obligations to the public which the public has a right to require to be performed.
Bill For The Nationalization Of Railroads, William W. Cook
Bill For The Nationalization Of Railroads, William W. Cook
Michigan Law Review
The great Mississippi Valley from the Alleghanies to the Rockies and from the Lakes to the Gulf dominates the Federal Government. It sends 231 of the 435 Representatives and 48 of the 96 Senators to Congress. In its confines are 24 of the 48 states. It has an area of over a billion acres of land-over one-half of the United States. It has fifty million people-over one-half of the nation. Some day it will have two hundred and fifty million. It contains a new race of men-fused of many nations-strong, enduring, resilient.' To it and the South, as Elihu Root …
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
The Judicial Test Of A Reasonable Railroad Rate, And Its Relation To A Federal Valuation Of Railway Property, Charles G. Fenwick
Michigan Law Review
When the difficulties of the subject are fairly weighed it is not surprising that the problem of the basis by which the reasonableness of railroad rates may be tested continues to await a definite solution by the courts. The Interstate Commerce Commission has confessed its inability at present to decide upon those larger aspects of the question which arise when general schedules are under consideration. In its Annual Report for 1903, the Commission made appeal to Congress that provision be made, whether independently of the Commission or by an enlargement of its powers, for an authoritative valuation of railway property. …
The Standard Oil Fine, Horace Lafayette Wilgus
The Standard Oil Fine, Horace Lafayette Wilgus
Articles
August 3, 1907, Judge Landis, in the United States District Court, for the Northern District of Illinois, sentenced the Standard Oil Co. to pay the largest fine ever inflicted upon any offender.1 The suit was an indictment on 1,903 counts for violations of the Elkins Rebate Law in receiving concessions on the movement of 1,903 cars of oil from Whiting, Indiana, to East St. Louis, Illinois, and from Chappell, Illinois, to St. Louis, Missouri, during the eighteen months between September I, 1903, and March 1, 1905. Four hundred and forty-one counts were withdrawn as not necessarily involved in this case. …