The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
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The Railway Library, 1909: A Collection of Noteworthy Chapters, Addresses, and Papers Relating to Railways, Mostly Published During the Year
Railroads -- United States -- Periodicals
"to determine and prescribe what will be the just and
reasonable rate or rates, charge or charges, to be thereafter
observed in such cases as the maximum to be charged; and what
regulations or practice in respect to such transportation is
just, fair and reasonable to be thereafter followed."
To leave no doubt of the true construction of this section, an
examination of the order required to be entered by the commission is
conclusive of the meaning and intention of Congress in the enactment
of this portion of the fifteenth section. It provides:
"And to make an order that the carrier shall cease and desist
from such violation to the extent to which the commission finds
the same to exist, and shall not thereafter publish, demand, or
collect any rate or charge for such transportation in excess of
the maximum rate or charge so prescribed."
An analysis of this order of the commission which requires it
to provide "that the carrier shall cease and desist from such
violation, to the extent to which the commission finds the same to
exist," recognizes the fact that the rate is an existing rate, is an
effective rate, is a rate in full operation, and cannot, therefore,
be applied under the provisions of the amendment suggested to the
sixth section, as no rate has gone into effect and become operative.
The subject we are considering as affected by the proposed amendment
and the provisions of the fifteenth section, do not rest upon any
principle of the common law, but are purely statutory enactments to
carry out a policy in reference to interstate commerce deemed wise
by Congress. The construction, therefore, of the statute in this
respect cannot be aided by any principles of the common law, and the
conclusion as to its meaning must rest entirely upon the intention of
the legislature as expressed by the language of the act.
If this view of the fifteenth section is correct, the adoption of the
amendment to the sixth section would change one of the most effective
provisions of the act of June 29, 1906, and which was contended for
with such earnestness in its passage through Congress.
Public-domain text, read in full here on John Shaqi.
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