Government in the United States, National, State and LocalGarner, James Wilford
History
Government in the United States, National, State and Local
Garner, James Wilford
United States -- Politics and government
_The Original Package Doctrine._--A state, however, prior to 1920, could
not without the consent of Congress prohibit the importation of liquor
in original packages into its territory from other states, although it
might be a prohibition state.[44] But Congress itself, by an act passed
in 1913, prohibited the transportation of intoxicating liquors into
states having prohibition laws.
[44] Early in 1919 the eighteenth amendment to the federal constitution
was adopted, prohibiting the liquor traffic after one year.
Likewise, the states cannot impose taxes on passengers passing through
their territory bound for points in other states, or require interstate
trains to stop at county seats, or impose taxes on telegraph messages
sent to points in other states, or on bills of lading of freight
destined to points in other states, or on goods intended for
exportation, and so on.
=Regulation of Interstate Railway Traffic.=--For a long time Congress
took no action toward regulating railway traffic among the states, thus
leaving the railroads free to carry on their business as they pleased,
regardless of the interest of the public whom they served. But with the
enormous development of the railway system of the country gross evils
began to creep in, in the form of excessive rates, discriminations,
combinations for the suppression of competition, inadequate provision
for the safety of passengers, etc., in consequence of which a widespread
demand grew up for legislation bringing the railroads under governmental
control. The outcome of this agitation was the interstate commerce act
of 1887, the provisions of which have been amended and extended by
several subsequent acts, notably the Elkins act of 1903, the railway
rate law of 1906, and the interstate commerce law of 1910.
_Interstate Commerce Commission._--The law of 1887 created an interstate
commerce commission which now consists of eleven members appointed by
the President and paid a salary of $12,000 a year each, which commission
has general supervision of the execution of the several acts mentioned
above. It hears complaints against the railroads, makes investigations
upon petition, and to this end may summon witnesses and compel the
production of papers and records, and conduct hearings. If, after an
investigation, it finds that the law is being violated by a railroad
company, it may request the proper federal authorities to institute a
prosecution of the offending company, and the law requires that such a
prosecution shall be made. For a long time the commission had no power
to fix rates, but only the negative right to say that a given rate was
unjust and unreasonable. But by the act of 1906 it was given the power,
after a full hearing, to determine and prescribe just and reasonable
maximum rates and charges, as well as to prescribe regulations for the
conduct of railway traffic.
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