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Topic: Elkins Act


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In the News (Sun 29 Nov 09)

  
  1903-13. 2001. The Encyclopedia of World History
In 1903 the Elkins Act was passed to strengthen the Interstate Commerce Act of 1887, which had proved ineffective.
The Elkins Act forbade railroads to deviate from published schedules of rates and made railway officers as well as the companies liable in cases of rebating.
The Hepburn Act of 1906 extended the control of the commission to express companies, sleeping-car companies, and pipeline, ferry, and terminal facilities.
www.bartelby.com /67/1614.html   (364 words)

  
  No. 02-1369   (Site not responding. Last check: 2007-11-01)
Elkins contends that his May 11, 2001 ICE complaint should have been accepted by the DOC because there was good cause for his missing the §DOC 310.09(6) deadline, which passed on April 9, 2001.
Elkins also claims that the trial court erroneously exercised its discretion when it declined to find GBCI staff in contempt of court for their refusal to use funds from his release account to pay filing and service process fees.
Elkins claims error on the ground that his motion for substitution of judge was in fact granted, but the original judge continued to issue rulings in his case.
www.wisbar.org /res/capp/2003/02-1369.htm   (3372 words)

  
 INTERVAL - LoveToKnow Article on INTERVAL
In 1893 a Safety Appliance Act, the administration of which was put into the hands of the Interstate Commerce Commission, promoted the safety of employees and travellers, and required the roads engaged in interstate commerce to equip their cars and locomotives with automatic couplers and brakes.
From this act much was expected, but eighteen years of its operation gave as net results little more than a greater uniformity of railway accounting and much better understanding by the public of the nature of the railway problem.
This act declared illegal and criminal, punishable by fine or imprisonment or both, every contract in restraint of trade or commerce among the several states or with foreign nations.
www.1911encyclopedia.org /I/IN/INTERVAL.htm   (1642 words)

  
 The Mann-Elkins Act
He urged a revision of the Interstate Commerce Act to give the Commission greater power to postpone the implementation of new rates until an investigation of their reasonableness could be made.
Section four of the Interstate Commerce Act was amended to outlaw higher rates for a short haul than a long haul.
The impeachment of Judge Archbald, the Court’s alleged hostility to the Commission, and its alleged favoritism toward the railroads prompted Congress to abolish the unpopular Commerce Court in October, 1913.
www.geocities.com /Colosseum/Field/1633/mann.html   (1750 words)

  
 Mann-Elkins Act - Wikipedia, the free encyclopedia
The Mann-Elkins Act of 1910 was a Progressive reform that extended the authority of the Interstate Commerce Commission to include communications.
Supported by U.S. President William Howard Taft, it also made the long-short haul clause of the original act more effective, i.e., it strengthened government regulation of the railroads.
It was passed by the Senate with a vote of 50-12.
en.wikipedia.org /wiki/Mann-Elkins_Act   (86 words)

  
 Federal Control Laws Railroads
Later and under the Act of August 9, 1917, the number of the commissioner was increased to nine, and again and under the Transportation Act of February 28, 1920, the size of the commission was raised to eleven.
Return.—The act fixes the rate of return to the carriers at 51/2 per cent, to which may be added, in the discretion of the commission, not exceeding one-half of one per cent for improvements, betterments or equipment for the two years beginning March 1, 1920.
By act of April 14, 1910, all railroads are required to equip their cars with sill steps, hand brakes, ladders, running boards and grab irons, and the commission was authorized to designate the number, dimensions, location and manner of application of appliances.
www.oldandsold.com /articles32n/law-37.shtml   (1384 words)

  
 Telco Act 1996
In truth, however, the 1996 Act "re-regulates" the industry as it increases both the sophistication and complication of the regulation currently in place and shifts many regulatory burdens over to those states in which the provider is authorized to do business.
The Act declares that no state or local laws or regulations "may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service." This provision does not, however, appear to be self-enforcing.
The Act provides that within 180 days the President or his designee shall prescribe rules governing the availability of federal rights-of-way, easements and other property that might be used for PWS facilities.
www.icancommunicate.com /telco_act_1996.htm   (7058 words)

  
 AllRefer.com - Stephen Benton Elkins (U.S. History, Biography) - Encyclopedia
He grew up in Missouri and after the outbreak of the Civil War enlisted in the Union army, although his father and brother were Confederates.
In 1890 he moved to Elkins, W.Va., where he and H. Davis founded Davis and Elkins College.
As Senator from West Virginia (1895–1911), Elkins, who had extensive railroad holdings, was author of the Elkins Act of 1903 against the system of the rebate, and co-author of the 1910 Mann-Elkins Act, extending the power of the Interstate Commerce Commission although he did not support the more drastic Hepburn Act of 1906.
reference.allrefer.com /encyclopedia/E/Elkins-S.html   (255 words)

  
 Communications Act Of 1934 Encyclopedia Article, Definition, History, Biography   (Site not responding. Last check: 2007-11-01)
The U.S. Communications Act of 1934 was enacted as Public Law Number 416 on June 19, 1934, by the 73rd Congress of the United States to replace the Federal Radio Commission with the Federal Communications Commission (FCC).
The Act largely combined and reorganized existing provisions of law, including provisions of the Federal Radio Act of 1927 relating to radio licensing, and of the Mann-Elkins Act of 1910 relating to telephone service.
Brinkley Act - Section 325(b) of the Communications Act of 1934 that was written into law in an attempt to halt live broadcasting from radio studios in the United States linked via telephone land lines to superpower border-blaster transmitters located along the Mexican side of the Rio Grande (Rio Bravo), international boder.
popularityguide.com /encyclopedia/Communications_Act_of_1934   (1040 words)

  
 American Experience | Streamliners | People & Events
The Hepburn Act empowered the ICC to change a railroad rate to one it considered "just and reasonable," after a full hearing of a complaint.
The Mann-Elkins Act placed the burden of proof on the railroads; for the first time, they would have to actively demonstrate that a rate was reasonable.
The Transportation Act of 1940 amended the Interstate Commerce Act to extend its reach to the other industries, but the fact remained that while regulations were not relaxed on railroads, private cars, trucks, and 90 percent of inland water carriers were exempt from government control.
www.pbs.org /wgbh/amex/streamliners/peopleevents/e_ica.html   (829 words)

  
 Mann-Elkins Act: Definition and Links by Encyclopedian.com
The Mann-Elkins Act of 1910 extended the authority of the Interstate Commerce Commission to include communications.
It also made the long-short haul clause of the original act more effective, i.e., it strengthened government regulation of the railroads.
Post a link to definition / meaning of " Mann-Elkins Act " on your site.
www.encyclopedian.com /ma/Mann-Elkins-Act.html   (75 words)

  
 U.S. Capitol Historical Society   (Site not responding. Last check: 2007-11-01)
Espionage Act of 1917 imposed heavy fines and stiff jail terms on those convicted of spying, sabotage, or obstruction of the war effort.
Congress passed an immigration act, which established a quota system by which annual immigration from any country could not exceed 3% of the number of persons of that nationality who had been in the U.S. since 1910.
The Immigration Act of 1924 halved the 1921 immigration quotas, and limited immigration in any year to 2% of the Census of 1890, in order to reduce the quotas from Eastern and Southern Europe.
www.uschs.org /04_history/subs_timeline/04a_06.html   (1223 words)

  
 [No title]
On March 21, 1994, the defendants filed a motion to dismiss the plaintiffs' Interstate Commerce Act and Elkins Act claims or, in the alternative, to refer them to the Interstate Commerce Commission, and a motion for summary judgment on the plaintiffs' other claims.
The plaintiffs contend, without citation to authority, that the Interstate Commerce Act does not legally permit a parent company shipper to control the affairs of a motor carrier subsidiary and requires that a parent shipper and its carrier subsidiary conduct their affairs independently of each other.
The Act defines "control" in pertinent part as "actual control, legal control, and the power to exercise control, through or by (A) common directors, officers, stockholders, a voting trust, or a holding or investment company, or (B) any other means." 49 U.S.C. [fn3].
vls.law.vill.edu /locator/3d/May1995/95a1046p.txt   (6665 words)

  
 [No title]   (Site not responding. Last check: 2007-11-01)
The act which changed the direction of regulatory policy from preventing monopoly abuses to protecting carriers was: 1.
Exemption in the Motor Carrier Act of 1935 were mainly included to 1.
The Staggers Act ratemaking provisions that offers the greatest potential for large volume shippers is: 1.
instruction.bus.wisc.edu /dharmatuck/444/ete289.doc   (555 words)

  
 AT&T Corp. v. Iowa Utilities Bd., 525 U.S. 366 (1999)
The regulations that are the subject of respondents’ jurisdictional challenge contravene the division of authority set forth in the 1996 Act and disregard the 100-year tradition of state authority over intrastate telecommunications.
In endorsing the FCC’s claim that it has general rulemaking authority to implement the local competition provisions of the 1996 Act, the majority relies upon a general grant of authority that predates the Act, 47 U.S.C. (b).
Contrary to longstanding historical practice, this Court’s precedents respecting that practice, and the 1996 Act’s adherence to it, the majority grants the FCC unbounded authority to regulate a matter of state concern.
straylight.law.cornell.edu /supct/html/97-826.ZX1.html   (2670 words)

  
 FIN342 CHAPTER 43   (Site not responding. Last check: 2007-11-01)
Weaknesses: Although the Act provided that all interstate freight and passenger traffic was subject to regulation, the commission had no enforcement powers and had to look to the courts to enforce its rulings.
Also that year, Congress passed the Elkins Act that established that any departure from published rates was prima facie evidence of discrimination by the railroad.
This act was passed in response to criticism of the large discretion and power held by federal agencies.
www.sba.muohio.edu /wineswa/fin342chap43.htm   (882 words)

  
 Corporate Criminal Liability Course Outline
C. GENERAL RULE: Allows imposition of corp liability for criminal acts performed by officers and agents in the course of thier employment, without regard to thier status in the corp hierarchy or if there was an absense of management complicity.
D. LIMITATION: Agent who commits the crime must be acting within the scope of his or her authority and on behalf of the corp.
DEF: "Scope of Authority"= agent must perform acts on behalf of the corp and that the acts must be directly related to the performance of the type of duties the employee has general authority to perform.
www.lectlaw.com /files/lws19.htm   (2524 words)

  
 FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
The Elkins Act is a part of the federal statutory system for the regulation of interstate carriers of commerce.
Further, while it would be a violation of the Elkins Act for a carrier to offer a shipper a concession to be paid to the shipper by a non- carrier, we do not find it necessary to rest the decision here upon the carrier's alleged action in offering payments to shippers by the City.
But the Elkins Act and the Interstate Commerce Act, were aimed at specific abuses, and were not general prohibitions of all forms of competition between carriers or limitations on the increase of a carrier's traffic by any sort of competition.
caselaw.lp.findlaw.com /scripts/getcase.pl?court=US&vol=313&invol=450   (8350 words)

  
 FCLJ VOl 47 No. 2 - Cate
The 1927 Act also required censorship of broadcast programming, at least to the extent necessary to enforce the Act's ban on "obscene, indecent, or profane language," while purporting to forbid government control over the content of broadcast expression.
The 1927 Act was soon replaced by the Communications Act of 1934, Title III of which, covering broadcasters, was taken virtually intact from the 1927 Act.
When broadcasters challenged the 1934 Act's restrictions on their First Amendment rights, they were told by the Supreme Court that "[u]nlike other modes of expression, radio inherently is not available to all.
www.law.indiana.edu /fclj/pubs/v47/no2/cate.html   (2083 words)

  
 Mann-Elkins Act - Definition, explanation
The Mann-Elkins Act of 1910 was a Progressive reform that extended the authority of the Interstate Commerce Commission to include communications.
Supported by U.S President William Howard Taft, it also made the long-short haul clause of the original act more effective, i.e., it strengthened government regulation of the railroads.
It was passed by the Senate with a vote of 50-12.
www.calsky.com /lexikon/en/txt/m/ma/mann_elkins_act.php   (129 words)

  
 Elkins Anti Rebate Act 1903 : Almanac of Theodore Roosevelt
In 1886 Congress created the Interstate Commerce Commission (ICC) to regulate interstate commerce, but had not granted the ICC much power to enforce the statutes and punish violators.
In 1903, the Elkins Anti-Rebate Act forbade the railroad carriers from giving large and powerful clients rebates on their shipments; rebates which differed from the published freight tariffs.
The Elkins Act had a double effect: it allowed the railroads to set their rates according to market conditions, and it enlarged the regulatory powers of the ICC.
www.theodore-roosevelt.com /elkinsact1903.html   (94 words)

  
 glossary_mq   (Site not responding. Last check: 2007-11-01)
Madison In 1801, William Marbury used the Judiciary Act of 1789 to support his case for appointment as a justice of the peace in Washington, D.C. In 1803, however, the Supreme Court ruled the Judiciary Act of 1789 unconstitutional.
National Origins Quota Act The 1929 National Origins Quota Act was the culmination of immigration restriction laws in the 1920s that established a quota system to regulate the influx of immigrants to America.
Calhoun argued that if an act of Congress violated the Constitution, a state could interpose its authority and nullify the law, that is, declare the law void or inoperative within its own boundaries.
occawlonline.pearsoned.com /bookbind/pubbooks/garraty_awl/chapter0/medialib/glossary_mq.html   (6393 words)

  
 L&I: Roots of reform
The Factory Act of 1889 set up the office and empowered it to hire six deputy inspectors—a man and a woman for each of the three regions of Pennsylvania, eastern, central, and western—to visit manufacturing sites.
The act applied only to factories where any women or children were employed, so all-male workplaces could violate most of these provisions and go uncorrected or unpunished.
Probably the greatest limitation of the original act was that a force of six inspectors was grossly inadequate to cover a state of the size and industrial complexion of Pennsylvania, especially when the only means of intercity travel was by horse and buggy, local passenger train, or trolley car.
www.dli.state.pa.us /landi/cwp/view.asp?A=11&Q=59307   (971 words)

  
 Carnegie, ICA, Sherman Act, Stalwarts, Russell Conwell, Gospel of Wealth, Alan Trachtenberg   (Site not responding. Last check: 2007-11-01)
The Department of Justice and federal courts were to enforce the Act with powers to force firms to dissolve.
For over a decade narrow interpretations made the Act ineffective against large corporations but useful against labor unions, which the courts declared to be illegal monopolies.
In 1920 the Act was weakened by the Supreme Court's "rule of reason" interpretation, which specified that only unreasonable restraint of free trade was illegal.
www.owlnet.rice.edu /~mwfriedm/terms/david15.html   (1950 words)

  
 Guide to Federal Records - Records of the United States Commerce Court
Established: In the judicial branch, February 8, 1911, pursuant to an act of June 18, 1910 (36 Stat.
Functions: In accordance with the Interstate Commerce Act of 1877, enforced, suspended, annulled, or set aside, in whole or in part, orders of the Interstate Commerce Commission; and tried cases arising under the act.
Abolished: Effective December 31, 1913, by an act of October 22, 1913 (38 Stat.
www.archives.gov /research/guide-fed-records/groups/172.html?template=print   (269 words)

  
 [No title]
Determined that the formation of the Northern Securities Co. monopolized railroading in the Northwest, and thus was in violation of the Sherman Anti-trust Act.
Invalidated 1898 Erdman Act, which had prohibited railroads engaged in interstate commerce from requiring as a condition of employment an agreement by workers not to join a union ("Yellow-dog Contract.")
Upheld the setting of interstate railroad rates by a state railway regulating commission, stating that a state might act in areas where there was no conflict with Federal law.
www.uscsumter.edu /~tpowers/hist112/gblprog.html   (850 words)

  
 New Laws   (Site not responding. Last check: 2007-11-01)
Roosevelt made it illegal to give preferential treatment to railroad passengers with the passage of the Elkins Act in 1903.
In addition, Roosevelt passed the Newlands Act of 1902, which gave subsidies for irrigation in sixteen western states.
Another conservation-oriented bill was the Antiquities Act of 1906 that protected large areas of land.
www.digisys.net /users/benwood/progressivism/webdoc2.htm   (198 words)

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