Excerpt from The Law of Interstate Commerce and Its Federal Regulation
The purpose of this book is to present in a compact form the law of interstate commerce as declared by the courts since the adoption of the Constitution, and also as enacted by Congress and applied by the Interstate Commerce Commission in the direct exercise of the power of federal regulation. The book has been written under the conviction that the direct federal regulation of interstate commerce, though it only dates since the close of the Civil War, has come to stay.
The rules declared by the Interstate Commerce Commission in the eighteen years of its existence, though its powers have been in some respects curtailed by the judicial construction of the Interstate Commerce Act, have made a body of administrative railroad law which seems properly included in a treatise of this character. Every phase of the complex adjustment of railway rates has been considered by the Commission, and their rulings in this infinite variety of cases have a permanent value in the solution of the transportation problems of the future.
In the annotation of the Interstate Commerce Act it has been the aim to cite such only of the rulings of the Commission as are illustrative of the practical enforcement of the Act under the limitations of their powers as declared by the Supreme Court.
The limits of the unexercised power of federal regulation can be intelligently considered, only with a clear apprehension of what the Supreme Court has declared in determining the line between federal and State authority, as with few exceptions the decisions of the Court in interstate commerce have declared what the States can and cannot do, and not what Congress can or cannot do.
In view of the present agitation for the amendment of the Interstate Commerce Act, as well as for other new legislation in the regulation of interstate commerce, it is well to ascertain what has been done under federal regulation in the past and what can be done under existing laws in the future.
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