The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
No act ever passed by Congress was more destructive of legislation on
the State statute books than the Hepburn Act of 1906,[977] amending the
Interstate Commerce Act. Thus a State statute which, while prohibiting a
railway from giving free passes or free transportation, authorized the
issuance of transportation in payment for printing and advertising, was
found to conflict with the unqualified prohibition by Congress of free
interstate transportation.[978] Likewise, a State statute which
penalized a carrier for refusing to receive freight for transportation
whenever tendered at a regular station was found to conflict with the
Congressional provision that no carrier "shall engage or participate in
the transportation of passengers or property, as defined in this act,
unless the rates, fares, and charges upon which the same are transported
by said carrier have been filed and published in accordance with the
provisions of this act."[979] In enacting this provision, the Court
found, Congress had intended to occupy the entire field. In a third
case, it was held that the Hepburn Act had put it outside the power of a
State to regulate the delivery of cars for interstate shipments;[980]
and on the same ground, a State statute authorizing recovery of a
penalty for delay in giving notice of the arrival of freight was
disallowed;[981] as was also the similar rule of a State railroad
commission with respect to failure to deliver freight at depots and
warehouses within a stated time limit.[982] And in Adams Express Co.
_v._ Croninger[983] it was sweepingly ruled that the so-called Carmack
Amendment to the Hepburn Act, which puts the responsibility for loss of,
or injury to, cargo upon the initial carrier, had superseded all State
statutes limiting recovery for loss or injury to goods in transportation
to an agreed or declared value. Substantially contemporaneous with these
holdings were others in which the Court ruled that the federal
Employers' Liability Act of 1908, as amended in 1910;[984] the federal
Hours of Service Act (Railroads) of 1907;[985] and the federal Safety
Appliance Acts of 1893, as amended in 1903[986] superseded all State
legislation dealing with the same subjects so far as such legislation
affected interstate commerce.[987] However, the States were still able
to regulate the time and manner of payment of the employees of
railroads, including those engaged in interstate commerce,[988] Congress
having not legislated on the subject.
QUARANTINE CASES
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