Regulation of Railway Rates Volume 4

Regulation of Railway Rates Volume 4

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...law. As proof of the fact that the Commission is not competent they cite decisions of the court holding that it did not have the power, and make this in effect the basis of the assertion that the Commission could not correctly decide on a proper rate, when, as a matter of fact, the Commission's decision as to the amount of the rate was unquestionably correct. It is one of their contentions that all matters should be left for the courts to decide concerning the amount of the rates, in the face of the Supreme Court's repeated statement that the Commission is more competent than a court to decide such questions. In one way and another they have raised all sorts of constitutional objections. As I understand it, they urge that it would be contrary to the Constitution to leave it to the Commission to decide on a rate, because it is a legislative power which Congress can not delegate, and they object to the law because it confers judicial powers upon the Commission. They say it would be unconstitutional to leave it to the court to decide on appeal or otherwise, and on the other hand contend that it would be unconstitutional to leave it to the Commission to decide without appeal. They say it would be unconstitutional to provide for a commission to regulate the rates, because it would require different rates to different ports, and yet that they, as the creatures of the law, may do that with impunity. And they seem to fear Atlantic ports would be deprived of business by giving to Gulf ports a lower rate, yet they have done and now do that themselves from western grain and cotton fields. They seem certain that any law which has been proposed is unconstitutional, and manifest great concern lest you should pass a law that is unconstitutional. This seems...
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Product details

  • Paperback | 620 pages
  • 189 x 246 x 32mm | 1,089g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236539117
  • 9781236539113