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Articles 1 - 15 of 15
Full-Text Articles in Law
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Constitutional Law - Commerce Clause - State Statute Requiring Interstate Motor Carrier To Secure A Permit, Marvin O. Young S.Ed.
Michigan Law Review
Petitioner brought an action in an Arkansas state court to enjoin enforcement of a state statute which required all contract carriers using the highways of the state to secure a permit from the state Public Service Commission. The Arkansas Supreme Court found that five driver-owners who had been arrested while transporting petitioner's product in interstate commerce without such a permit were "contract carriers" within the meaning of the statute. Neither petitioner nor any of the drivers had applied for a state permit. Under the terms of the statute, granting of the permit was contingent on certain factors, such as the …
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Carriers - State Taxation Of Interstate Motor Carriers, Thomas K. Fisher
Michigan Law Review
Appellant, an Ohio corporation, was engaged exclusively in interstate commerce as a common carrier of property for hire by motor vehicle. In 1937 the Georgia legislature passed a Maintenance Tax Act which provided, inter alia, for a tax, graduated according to manufacturer's rated capacity, on each motor common carrier for hire, and a tax, substantially smaller in the respective rated capacities, on each motor vehicle not used as a common carrier for hire. Appellant contested the validity of the tax on the grounds that it was repugnant to the commerce clause of the Constitution and that it violated the equal …
Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau
Carriers - Federal Regulation Of Motor Transportation Brokers, Charles E. Nadeau
Michigan Law Review
A broker is, in general, an intermediary or "go-between" in the business of negotiating contracts for others. His economic function is that of bringing buyer and seller together. A motor transportation broker is engaged in the business of arranging for contracts dealing with motor transportation service. His function is to bring together a prospective passenger or shipper seeking service and a carrier willing to provide the service demanded. "Tourist agency," "travel bureau," and "share-the-expense agency" are familiar terms used to designate the passenger transportation broker. There is a larger, but not so wellknown, group of brokers dealing in the hauling …
Federal Regulation Of Motor Carriers, Paul G. Kauper
Federal Regulation Of Motor Carriers, Paul G. Kauper
Michigan Law Review
By it's policy of granting financial assistance to the States for roadbuilding purposes - a policy first inaugurated in 1916 - the federal government has made substantial contributions to the development of highway transportation in the United States. In a period of seventeen years ending with the fiscal year 1933, Congress had appropriated and allocated to the several States $1,290,000,000.00 for the purpose of building good roads. Since 1921 the use of federal aid funds has been limited to the improvement of a designated 7 per cent of each State's highway mileage. By May 31, 1933, work was completed on …
Carriers-Long And Short Haul Clause-Interpretation
Carriers-Long And Short Haul Clause-Interpretation
Michigan Law Review
The plaintiff shipped grain from points of origin in Minnesota and the Dakotas over the defendant's line to Minneapolis where it was re-consigned over the same line to Superior. The defendant had on file a through rate on shipments from the points of origin to Superior with no specification of the route to be used. The route via Minneapolis was circuitous as compared with the direct route available, and the defendant charged the plaintiff the local rate to Minneapolis plus the proportional to Superior, the aggregate of which exceeded the through rate in the filed tariffs. Held, that …
Interstate Ferries And The Commerce Clause, C. M. Kneier
Interstate Ferries And The Commerce Clause, C. M. Kneier
Michigan Law Review
The Constitution of the United States confers upon Congress the power to regulate commerce among the several states; the transportation of passengers and freight across a navigable river from one state to another by ferryboat, however short the distance traversed, or frequent the trips made, is interstate commerce. It is the purpose of this study to point out what action Congress has taken under the power thus conferred upon it relative to interstate ferries and to determine the relative spheres of authority of the states and of the National Government over this subject.
Recent Important Decisions
Michigan Law Review
A collection of recent important court decisions.
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.
Combination Not Competition Of Railroads, Blewett Lee
Combination Not Competition Of Railroads, Blewett Lee
Michigan Law Review
In the course of the taking of evidence before what is generally called the Newlands Committee, appointed by Congress to investigate conditions relating to interstate and foreign commerce, it was very interesting to observe the personality of the different members of the Committee, as indicated by the questions which they asked of the various expert witnesses who were brought before them. The keen intellect of the Senior Senator from Iowa has continually played about the problem, how the revenues of the weak lines can be increased without at the same time increasing those of the strong ones. Assuming that some …
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
The Liability Of The Common Carrier As Determined By The Recent Decisions Of The United States Supreme Court, Edwin C. Goddard
Articles
An understanding of the present day liability of the common carrier under conditions as they exist, especially in interstate shipments, is best reached by an historical journey from the early decisions of the Supreme Court of the United States to the end of the year just past.
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Limitation As To The Amount Of Liability For Loss Of Goods By Carriers, Edwin C. Goddard
Articles
A carload of automobiles was shipped by express, under an express receipt limiting recovery to $50, unless a greater value was named and a greater carrying charge paid. The shipper knew of this stipulation, and deliberately chose the restricted liability so as to secure the lower rate. On a suit for loss of the automobiles, recovery was limited to $50. Geo. N. Pierce Co. v. Wells Fargo & Co., 189 Fed. 561, commented on in 10 MICH. L. REB. 317. The United States Supreme Court has just affirmed this decision, 35 Sup. Ct. 351.
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
The Commodity Clause Of The Hepburn Act, Edwin C. Goddard
Articles
The Supreme Court of the United States has added another to the interesting line of cases construing the so-called "Commodity Clause" of the HEPBURN ACT of 1906. In United States v. Delaware, Lackawanna & Western Railroad Co. and the Delaware, Lackawanna & Western Coal Co., decided on June 21, 1915, 35 Sup. Ct. 873, the court reversed the decree of the District Court as reported in 213 Fed. 240, and found the relation and contract between the Railroad Company and the Coal Company to be in violation of the HEPBURN ACT and the SHERMAN ACT.
The Passing Of State Control Over Railway Rates, Edson R. Sunderland
The Passing Of State Control Over Railway Rates, Edson R. Sunderland
Articles
Congress has exclusive power to regulate interstate commerce, so far as it admits of a uniform system of regulation, and a failure on its part to regulate in a given case is tantamount to a declaration that such commerce shall remain free and unrestricted. Brown v. Houston, 114 U. S. 622; Leisy v. Hardin, 135 U. S. 100. The states are, in all such cases, without jurisdiction to regulate, irrespective of what Congress has or has not done.
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. …
Popular And Legal Views Of Traffic Pooling, Thomas M. Cooley
Popular And Legal Views Of Traffic Pooling, Thomas M. Cooley
Articles
“Perhaps nothing in respect to the relations between the railroad companies and the public attracts more attention at the present time than the arrangements to which the name of pooling is popularly given. In railroad circles these arrangements are looked upon as necessary to prevent all railroad property becoming absolutely worthless to the stockholders, as a very large part of it is now; and those managers who are hoping to earn dividends are therefore laboring earnestly to make these arrangements effectual…. What is said will refer especially to pooling in freight traffic, but in principle it will apply to passenger …