Department Reports of the State of New York Volume 24

Department Reports of the State of New York Volume 24

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1921 edition. Excerpt: ...Commission is the proper authority to grant relief from the evil against which complaint is made. Sections 18 to 21, both inclusive, of the Transportation Act, 1920, give to the Interstate Commerce Commission control over the extension of a line of railroad, the construction of a new line, and the operation of an extension or new line; but section 22 of the same act provides " the authority of the Commission conferred by paragraphs 18 to 21, both inclusive, shall not extend to the construction or abandonment of spur, industrial, team, switching or side tracks, located or to be located wholly within one State, etc." In fact, the Interstate Commerce Commission cannot, under the Constitution of the United States, be given any control over the situation under discussion, unless it shall appear that to grant the relief required by the complainants would directly or indirectly interfere with interstate commerce, and such a contention could be the result only of a subversive and elastic logic. It is true that the two railroads are partly engaged in interstate commerce, but the object of the connection between the two is solely for local purposes, to conserve the convenience and promote the business and save expense to the shippers of Batavia. A carload of freight may come over the Lehigh Valley railroad from a point beyond the State line; it is billed to Batavia; when that city is reached the car is dropped from Ihe train and the train proceeds on its journey. Batavia is the destination of the car; Vol. 24 Public Service Commission, Second District its subsequent movements are only for the purpose of placing it at a point convenient to the place of business of the consignee. When the railroad leaves this car at Batavia its charges are...
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Product details

  • Paperback | 238 pages
  • 189 x 246 x 13mm | 431g
  • United States
  • English
  • black & white illustrations
  • 1236835573
  • 9781236835574