Railway Tariffs And the Interstate Commerce Law

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Railway Tariffs And the Interstate Commerce Law
Edwin Robert Anderson Seligman
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223. It has been a source of great satisfaction to me that the Interstate Commerce commission in its recent weighty decision has taken substantially the same ground as that occupied in my first article. The chief points are as follows : " First. That the prohibition in the fourth section against a greater charge for a shorter than for a longer distance ... is limited to cases in which the circumstances and conditions are substantially similar.
" Third. That ... in case of complaint for violatin
...g the fourth section the bur- den of proof is on the carrier.
" Fifth. That the existence of actual competition . . . may make out the dissimi- lar circumstances and conditions ... in the following cases : 1. When the competition is with carriers by water which are not subject to the provisions of the statute.
2. When the competition is with foreign or other railroads which are not subject to the provisions of the statute.
3. In rare and peculiar cases of competition between railroads which are subject to the statute, where a strict application of the general rule of the statute would be destructive of legitimate competition.


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