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Section 225. [Sec. 325 U.S. Code. Investigation of motor vehi. cle sizes and weights and qualifications and hours of service of employees. The commission is hereby authorized to investigate and report on the need for Federal regulation of the size and weight of motor vehicles and combinations of motor vehicles and of the qualifications and maximum hours of service of employees of all motor carriers and private carriers of property by motor vehicle; and in such investigation the commission shall avail itself of the assistance of all departments or bureaus of the Government and of any organization of motor carriers having special knowledge of any such matter. (Part II, sec. 225, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 566.)

Notes of Decisions

1. Construction and interpretation.- Protection of the highways insofar Preliminary, n. 60, State regulation, size as they may be used for interstate comand weight, decisions rendered prior to merce does not require uniformity of enactment of Motor Carrier Act.

action, The commission has jurisdicUnlike the railroads, local highways tion over the commercial considerations are built, owned, maintained, by the appertaining to the interstate truck State or its municipal subdivisions. business, but preservation and safety of The State has a primary and immediate the roads themselves has been left with concern in their safe and economical the State commissions. If Congress ocadministration. The State's present cupies only limited field, then State regregulations, or any others of like pur- ulation is not prohibited.—Thompson v. pose, if they are to accomplish their McDonald, 95 Fed. (20) 937 (943)*. end, must be applied alike to interstate State statute limiting weight of load and intrastate traffic, both moving in on trucks is a valid exercise of police large volume over the highways.-South power, though the question of interstate Carolina Highway Dept. v. Barnwell commerce is involved, no specific act Bros., Inc., 303 U. S. 177 (187)*.

having been enacted by Congress that The State may not, under the guise directly enters the field.—Houston & of regulations, discriminate against in North Texas Motor Freight Lines V. terstate commerce. But in the absence Phares, 19 Fed. Supp. 420. of national legislation especially cover

As rules prescribed by the commission ing the subject of interstate commerce, relating to qualifications of drivers, the State may rightly prescribe uni- parts and accessories necessary for safe form regulations adapted to promote operation, etc., do not become effective safety upon its highways and the con- until July 1, 1937, State provisions reservation of their use, applicable alike lating to the same subjects are operative to vehicles moving in interstate com certainly until that date. — Werner merce and those of its own citizens.- Transp. Co. v. Hughes, 19 Fed. Supp. Id., p. 189.

425 (433). This section imposes no duty and con

That the commission is expressly fers no authority on the commission to

given power to investigate and report regulate the sizes and weights of motor

on the need for Federal regulation of vehicles. Its authority is limited to investigation and report of the need of the size and weight of motor vehicles such regulation.—Maurer and Myers v. negatives the idea that the power to Hamilton, 309 U. S. 598* ; [provisions regulate the size and weight of motor written by Coordinator; discussed]. vehicles was embraced in the more gen

eral language of sec. 204 (a) (1).-Id., purpose of sec. 225 to reserve to the p. 432

State.-Maurer and Myers v. Hamilton, Provisions of State statute requiring 309 U. S. 598*. report of highway accidents are not The United States Supreme Court has superseded by the Federal Motor Carrier upheld weight limitations lower than Act, nor by rules prescribed by the com- those presently imposed, applied alike mission pursuant to the authority con- to motor traffic moving interstate and ferred by sec. 204 (a) (1).-Id., p. 433. intrastate. Adoption of one weight or

For history of legislation, Coordina- width regulation rather than another is tor's statement, regarding size and a legislative, not a judicial choice.weight of vehicles, see-Barnwell South Carolina Highway Dept. v. BarnBros., Inc., v. South Carolina State well Bros., Inc., 303 U. S. 177 (189, Highway Dept., 17 Fed. Supp. 803 (807-191)*. 808)*

Before the court will hold the regulaStatements of members of Congress in tory powers of the States are suspended committee or in debate, while pertinent and superseded so as to deprive the in construing a statute, are individual States of authority to prescribe size and opinions of legislators.-L. & L. Freight weights of vehicles using State highLines, Inc., v. Railroad Comm. of Flor- ways in interstate commerce there must ida, 17 Fed. Supp. 13 (15).

be clear and unmistakable evidence of 25. Weight of vehicles.-Preliminary, an intent on the part of Congress to ocn. 60, State regulation, weight.

cupy and preempt that field of regulaNot included in provisions of sec. 204 tion to the exclusion of the States. In(a) (1), n. 1 thereof.

junction denied.-L. & L. Freight Lines, State statute setting limits to height Inc., v. Railroad Comm. of Florida, 17 of loaded car, precluding its projection Fed. Supp. 13 (15). beyond the cab of the carrier car, re- Weight of trucks when loaded are substricting weight distribution of the ject to State limitation.-O'Neill v. Lang louded car, prohibiting placing the Transp. Corp., 19 Fed. Supp. 477 (480). weight of the carried car above the Weighing the vehicle, change in empty driver, is an exercise of the State's pow- vehicle weight, obtaining tare weights, er to protect safe and convenient use of see-Practices of Motor Common Carits highways through control of size riers of Household Goods, 17 M. C. C. and weight of vehicles, which it was the 467 (487–8).

Section 226. [Sec. 326 U. S. Code.] Separability clause.-If any provision of this chapter, or the application thereof to any person, or commerce, or circumstance, is held invalid, the remainder of the 1 chapter, and the application of such provision to other persons, or commerce, or circumstances, shall not be affected thereby. (Part II, sec. 226, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 567.)

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Section 227. [Sec. 327 U. S. Code.] Effective date of chapter.This chapter (except this section, which shall become effective immediately upon approval) shall take effect and be in force on and after the 1st day of October 1935: Provided, however, That the commission shall, if found by it necessary or desirable in the public interest, by general or special order, postpone the taking effect of any provision of this chapter to such time after the 1st day of October 1935, as the commission shall prescribe, but not beyond the 1st day of April 1936. (Part II, sec. 227, Aug. 9, 1935, c. 498, sec. 1, 49 Stat. 567.)

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1 "part" changed to "chapter" by U. S. Code, Sup. I to 1934 edition.

2 "and part," at this point deleted by Code.

LEGISLATION SUPPLEMENTARY TO INTERSTATE

COMMERCE ACT

Chapter 2

ELKINS ACT

Section 41. Liability of corporation carriers and agents; offenses and penalties.-(1) Liability of corporation common carriers; offenses; penalties; jurisdiction.—[No change made in the paragraph as set out in vol. 4, p. 2749.]

For historical note, see vol. 4, p. 2749, and for earlier notes of decisions, p. 2751, 5891.

Notes of Decisions

(See vol. 4, p. 2750, for outline of note headings)

11. Construction of language em- , receive any concession in respect of ployed.—Under sec. 10 of the Interstate transportation of any property in interCommerce Act gist of the offense is fraud state commerce by a common carrier of obtaining transportation at less than whereby an inequality results.—Boone established rate, by false billing or other v. United States, 109 Fed. (20) 560 devices. The particular devices by (562). means of which the rebate is obtained Purpose of the Elkins Act was to cut and which constitute a fraud, are speci- up by the roots every form of discrimified. Under sec. 41 of the Elkins Act nation, favoritism and inequality, and gist of the offense is not the device, but to prohibit all rebates, concessions, or solicitation or receipt of concession, and discrimination with respect to rall fraud is not a necessary element.- transport service.—United States v. AltUnited States v. Altman, 8 Fed. Supp. man, 8 Fed. Supp. 880 (882). 880 (882).

Section 41, as amended, is suppleUnder Elkins Act the proceeding does mentary to the Interstate Commerce not pertain to shipment alone, as, Act, and may well be regarded as giving whether movement had been completed, teeth to the Interstate Commerce Act. for the transaction is not completed until Southwestern Lbr. Co. of New Jersey v. lawful freight rate has been paid and Kerr, 11 Fed. Supp. 253 (footnote 267)*. received, and the law applies to any in- Interference with the even flow of interference with or manipulation of the terstate commerce on the part of any cost or manner of transportation.- one, whether person or corporation, is United States v. Miller, 18 Fed. Supp. the essence of the offense, aside from 389 (392).

gain or loss occasioned thereby.--United 12. Purpose.--Purpose of the Elkins States v. Miller, 18 Fed. Supp. 889 Act is to eliminate every form of in- (390). equality in use of interstate commerce The purpose of the statute is to proas an instrument of business, and it is tect the carrier, as well as the shipper.--therefore made unlawful for anyone to Id., p. 391.

8257

34. "Any" person includes others , established rates and tariffs represents than carrier or shipper.-Indictment a tacit agreement which results in unwill lie against consignee's bookkeeper, due preference of forwarder c. 1. traflivestock merchant, and weighing bu- fic, undue prejudice against other c. l. reau's inspector, for receiving rebate merchandise traffic, violates the Elkins through use of false weight, whereby Act.-Freight Forwarding Investigacarrier is deprived of its just freight tion, 229 I. C. C. 201 (262)*: intended rate.—United States v. Miller, 18 Fed. to apply only where forwarder traffic is Supp. 389.

accorded expedited service not accorded The prohibition of the law applies to other traffic in like circumstances.any person or corporation whether car. Id., 232 I. C. C. 175 (178)*. rier or not and prohibits the act which 81. In foreign commerce.-Shipproduces the forbidden result. It is not ment between State points for export necessary that the carrier make the con- was in foreign commerce, inspection at cession. The city may not make conces- port not changing the intent and consions to shippers if the result is discrim- tinuity of movement. Failure to charge ination among shippers relative to inter- applicable, interstate, rate was willful. state transport.—United States v. Union Neither mistake of law nor negligence Pac. R. Co., 32 Fed. Supp. 917 (923)*. is a defense for the violation. Liability

of railroad receivers is the same as that Rebates, Concessions, and Discrimina- of the railways.-Powell United tions

States, 112 Fed. (20) 764,

V.

47. Rebates; defined.-Any rebates Departures from schedules; Devices and special privileges granted through

85. Departures from published schedsubsidiaries of the railway, although

ules; forbidden.—Published schedules, disguised as other transactions, would

requirements, sec. 6 (1); applicability, be violative of interstate commerce

sec. 6 (7); allowances, sec. 15 (13). laws.-Kerr v. Southwestern Lbr. Co. of

Rental by a carrier of its property for N. J., 78 Fed. (20) 348 (350) *.

less than reasonable market rental vioEquity could decline to enforce notes

lates sec. 3 and the Elkins Act.—Proand pledges to subsidiary of the railway if adopted to make effective agreements York Warehousing, 216 I. C. C. 291

priety of Operating Practices—New constituting rebates or special privileges

(353)*. or given as the result of a conspiracy or

Allowances to a warehouse company contract to violate the antitrust laws.- for services ostensibly part of service Id., p. 350.

carriers are obligated to render, but When intervener does not act as agent which are in fact commercial services, of carrier, does not perform any of the are forbidden, even though paid to waretransport service, but conducts a public houses that are subsidiaries of the carwarehouse business and is a bailee for rier and their competitors alike, since hire, storage in transit is not part of as to both they are departures from c. I. service offered by defendant under its rates of published tariffs.-Id., rates, and defendant is not required as 87. “Knowingly" as an element of the a common carrier under law to furnish offense.—Penalty is imposed for intenit, defendant is not guilty of rebating.- tionally, carelessly, knowingly or volunM. Assn. of Merchandise Warehouse- tarily disregarding provisions of the act men v. Belt Ry. Co. of Chicago, 216 and its violation requires neither evil I. C. C. 141 (143).

purpose nor criminal intent.-Boone v. 73. Special services.-Any under- United States, 109 Fed. (20) 560 (563). standing between respondents and for. Knowledge was not an element under warders to expedite shipments under I the Elkins Act prior to amendment of

p. 323.

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