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§ 334A. Title of Act and Definitions.—The Transportation Act 1920 is divided into five titles. Title 1 is as follows:

DEFINITIONS.

Section 1. This Act may be cited as the “Transportation Act, 1920.”

Section 2. When used in this Act

The term “Interstate, Commerce Act” means the act entitled “An Act to regulate commerce," approved February 4, 1887, as amended;

The term “Commerce Court Act” means the Act entitled “An Act to create a commerce court, and to amend an Act entitled 'An Act to regulate commerce,' approved February 4, 1887, as heretofore amended and for other purposes," approved June 18, 1910;

The term “Federal Control Act" means the Act entitled “An Act to provide for the operation of transportation systems while under Federal control, for the just compensation of their owners, and for other purposes," approved March 21, 1918, as amended;

The term “Federal control” means the possession, use, control, and operation of railroads and systems of transportation, taken over or assumed by the President under section 1 of the Act entitled “An Act making appropriations for the support of the Army for the fiscal year ending June 30. 1917, and for other purposes,” approved August 29, 1916, or under the Federal Control Act; and

The term “Commission” means the Interstate Commerce Commission.

Transportation Act 1920 was approved February 28, 1920, U. S. Stat., Title I.

Titles II and III appear post; II as part of appendix 1 and III as appendix II; Title IV amends the Interstate Commerce Act and is inserted in the appropriate sections of this chapter; title V is made Secs. 480A, 480B and 480C, post, this chapter.

§ 335. Scope of Act to Regulate Commerce.

(1) That the provisions of this Act shall apply to common carriers engaged in

(a) The transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment; or

(b) The transportation of oil or other commodity, except water and except natural or artificial gas, by pipe line, or partly by pipe line and partly by railroad or by water; or (c) Transmission of intelligence by wire or wireless ;-from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States, through a foreign country to any other place in the United States, or from or to any place in the United States to or from a foreign country, but only in so far as such transport: tion or transmission takes place within the United States.

(2) The provisions of this Act shall also apply to such transportation of passengers and property and transmission of intelligence, but only in so far as such transportation or transmission takes place within the United States.

Part Sec. 400 Transportation Act 1920, Sec. 1, Interstate Commerce Act, paragraphs 1 (a) (b) (c) and part of raragraph 2. The former section read:

That the provisions of this Act shall apply to any corporation or any person or persons engaged in the transportation of oil or other commodity, except water and except natural or artificial gas, by means of pipe lines, or partly by pipe lines and partly by railroad, or partly by pipe lines and partly by water, and to telegraph, telephone, and cable companies (whether wire or wireless) engaged in sending messages from one State, Territory, or District of the United States, to any other State, Territory, or District of the United States, or to any foreign country, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad (or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment), from one State or Territory

of the United States or the District of Columbia, to any other State or Territory of the United States or the District of Columbia, or from one place in a Territory to another place in the same Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of trans-shipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country.

Paragraph one of section one of Act to Regulate Commerce, as amended by Act of June 18, 1910. The original Act read:

“That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country.”

The act of June 18, 1910, amended the act of June 29th, 1906, by including "telegraph, telephone and cable companies whether wire or wireless."

Original act constitutional. Int. Com. Com. v. Brimson, 154 U. S. 447, 448. 38 L. Ed. 1047. 14 Sup. Ct. 1125.

A purely intrastate carrier not participating in a through movement is not within the Act because the ultimate destina. tion of the traffic may be beyond the state. Mo. & 11. Rd. Tie & Lumber Co. v. Cape, etc., R. Co., 1 I. C. C. 30, I. C. R. 607; New Jersey Fruit Exp. v. Central R. Co. of New Jersey, 2 1. C. C. 142, 2 I. C. R. 84. Express companies not within original Act, though railroads conducting an express business are. Re Express Companies, 1 I. C. C. R. 349, 1 I. C. R. 677 ; C'nited States v. Morsman, 42 Fed. 448.

A state road owning no rolling stock brut used as a means of interstate traffic within Act. Heck v. E. T. V. & G. R. Co., 1 1. C. C. 495, 1 1. C. R. 775. An interstate bridge subject to Act. Ky. & Ind. Bridge Co. v. L. & N. R. Co., 2 I. C. C. 162, 2 I. C. R. 102. Order not enforced. Same style case, 37 Fed. 567.

Commerce between points in the state but passing through another state is interstate commerce. New Orleans Cotton Exchange v. Cincinnati, N. O. & T. P. R. Co., 2 I. C. C. 375, 2 I. C. R. 289; Milk Producers Asso. v. Delaware etc. R. Co., 7 I. C. C. 92, 162. Foreign carriers participating in traffic from points in the United States to adjacent countries subject. Re Investigation Acts Grand Trunk Railway of Canada, 3 I. C. C. 89, 2 I. C. R. 496. Independent water lines not subject. New Orleans Cotton Exchange v. Ill. Cent. R. Co., 3 I. C. C. 534, 562, 2 I. C. R. 777.

When a state carrier engages in interstate commerce it becomes subject to the Act. Mattingly v. Penn. Co., 3 I. C. C 592, 2 I. C. R. 806. State steamboat not within Act. Capehart & Smith v. L. & N. R. Co., 4 I. C. C. 265, 3 I. C. R. 278. "Common control, management or arrangement" defined. Boston Fruit & Produce Exchange v. New York and New England Co., 4 I. C. C. 664, 3 I. C. R. 493. See same case, 5 I. C. C. 1, 3 I. C. R. 604. See also Trammel Railroad Commission of Ga. v. Clyde Steamship Company, 5 I. C. C. 324, 4 I. C. R. 120. All roads, including purely state roads, participating in an interstate haul subject to Act. James and Mayer Buggy Company v. Cincinnati, N. 0. & T. P. R. Co., 4 I. C. C. 744. 3 I. C. R. 682. Order not enforced in circuit but was enforced in Supreme Court. Int. Com. Com. v. Cincinnati, N. 0. & T. P. R. Co., 56 Fed. 925, 162 U. S. 184, 40 L. Ea. 935, 16 Sup. Ct. 700. Same rule when all water carrier joins. R. R. Com. of Florida v. Savannah, Fla. & W. R. Co., 5 I. C. C. 13, 136, 3 I. C. R. 688, 750. Order not enforced. Savannah, F. & W. R. Co. v. Florida Fruit Exchange, 167 U. S. 512, 42 L. Ed. 257, 17 Sup. Ct. 998. The charter of the Northern Pacific Railroad Company does not exempt it from control of Act. Raworth v. N. Pac. R. Co., 5 I. C. C. 234, 3 I. C. R. 857. Merchants Union of Spokane Falls v. N. Pac. R. Co., 5 I. C. C. 478, 4 I. C. R. 183. Order not enforced. Farmers' L. & T. Co. v. N. Pac. R. Co., 83 Fed. 249. Receivers of railroad companies subject to Act. Independent Refiners Asso. v. W. N. Y. & Penn. R. Co., 6 I. C. C. 378, 386. Order not enforced. W. N. Y. & P. R. Co. v. Penn. Refining Co., 137 Fed. 343, 70 C. C. A. 23. Affirmed, 208 U. S. 208, 52 L. Ed. 456, 28 Sup.

Ct. 268. Electric Railway partly in Maryland an partly in District of Columbia subject to Act. Wilson v. Rock Creek Ry. Co., 7 1. C. C. 83. Does not apply to transportation by wagon. Cary v. Eureka Springs Ry. Co., 7 I. C. C. 286. Stock Yards Terminal Road at Chicago not a common carrier. Cattle Raisers Asso. of Texas v. Ft. Worth & D. C. Ry. Co., 7 I. C. C. 513, 555-a. Order not enforced. Int. Com. Com. v. C. B. & Q. R. Co., 98 Fed. 173, 103 Fed. 249, 43 C. C. A. 209, 186 U. S. 320, 46 L. Ed. 1182, 22 Sup. Ct. 824. Import and export traffic over rail carriers within jurisdiction. Ocean carriers not. Kemble v. Boston & A. R. Co., 8 I. C. C. 110, 119. The determining features of a through shipment is the contract. Matter of Alleged Unlawful Rates and Practices in Transportation of Cotton, 8 I. C. C. 121. Within Act when engaged with other carriers in through transportation. Alleged Violation of Act by St. L. & S. F. Ry. Co., 8 I. C. C. 290; Penn. Millers Asso. v. Philadelphia & R. Ry. Co., 8 I. C. C. 531, 549. Applies on a movement from Canada to United States, Cist. v. Mich. Cent. R. Co., 10 I. C. C. 217. Shipment from one to another local point even though there may be an intention thereafter to ship to another and an interstate point is entitled to the local rate. Hope Cotton Oil Co. v. Tex. & Pac. Ry. Co., 10 I. C. C. 696, 703. After a car has arrived at its destination a subsequently contracted for switching movement to another place in the same city and state is not within the Act. St. Louis Hay and Grain Company v. Chicago, B. & Q. R. Co., 11 I. C. C. 82. Refrigeration charges within Act. Re Charges for Transportation and Refrigera.

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