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Curtis, George Ticknor. Constitutional history of the United States from their Declaration of Independence to the close of their civil war. In two volumes. New Ym^h: Harper cfe brothers, 1889-1896. 2 vols. 8^. Regulation of commerce, vol. 1, pp. 500-502. Dabney, W. D. The public regulation of railways. New York cfe London: G. P. Putnam's sons, 1889. v, {!), 281 'pp. i^°. {Questions of the day^ no. 60.) 8 LIMKAKV OF CONGRESS Dana, AN'illiaiii V. Federal restraints upon state regulation of rail- road rates of fare and freight. (In Harvard law review, vol. 9, Dee. 26, 1895, pp. 324-345.) The Supreme court and the Sherman anti-trust act. (In Harvard law review, vol. 16, Jan., 1903, pp. 178-ia5.) Dill, James B. National incorporation laws for trusts. (Jn Yale law journal, vol. 11, April, 1902, pp. 273-295.) [Din-widdie, Pklwin C] State control of interstate liquor traffic. 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The power of the United States courts to enjoin persons from obstructing interstate commerce and the transportation of the mails. {In Chicago legal news, vol. 30, Aug. 28, 1897, p. 2; Sept. 4, 1897, p. 13; Sept. 11, 1897, p. 27; Sept. 18, 1897, p. 34; Sept. 25, 1897, p. 39; Oct. 2, 1897, p. 46.) Hadley, Arthur T. Railroad transportation. Its historj'^ and its laws. New York and London: G. P. PutnairCs sons., 1885. -y, 269 pp. 12^. ■ The workings of the interstate commerce law. {In Quarterly journal of economics, vol. 2, Jan., 1888, pp. 162-187.) Hare, .Tohn Innis Clark. American constitutional law. Boston: Little, Brown., and company., 1889. 2 vols. 8°. "Regulation of commerce," pp. 427-503. Notes of a course of lectures on American constitutional law delivered in the law department of the University of Penn.sylvania, 1884-85. ^ I^hUadelphia: University of Pennsylvania press., 1885. xv, {1), 3^2, 18pp. 4^. "Regulation of commerce," pp. 272-325. See also "Review and summary," pt. 2, pp. 1-18. LIST OF REFERENCES ON FEDERAL CONTROL , 11 Hart, Albert Bushnell. Actual government as applied under Ameri- can conditions. Longmans^ Green, and co.^ Neui York, [etc.], 1903. xliv, 599 'pp. Plates. Maps. 12"^. "Commercial functions," pp. 481-5.34. Hartshorne, F. C. The railroads and the commerce clause. Philadelphia: JJ^iiversity of Pennsylvania 2>'>"ess, 1893. xxiii., leSjrp. 8^. Hastings, William Granger. The development of law as illustrated b}^ the decisions relating to the police power of the state. [Philadelphut], 1900. 196 pp. 8'^. Eeprinted from Proceedings of the American pliilosophical i^ot'iet_v, V. 39, no. 163. Hening, Crawford. Interstate commerce commission before the fed- eral courts. '{Ill American law register, vol. 31, Mar., 1892, pp. 1.56-173.) Hering, Rudolph, Charles G. Darrach, and Francis Colling-wood. The control of non-navigable streams b}' the national gov- ernment. {In American society of civil engineers. Proceedings, vol. 28, Aug., 1902, pp. 572-581.') Hines, Walker D, Legislative regulation of railroad rates. {In American economic association. Publications, 3d series, vol. 4, pp. 84-103. New York, 1903. 8°.) The President's message and proposed amendments to the interstate commerce act. [Zouisvillef Ivy., 1901 f] 19pp. 8=". Half-title. Holmes, George K. State control of corporations and industry in Massachusetts. {In Political science quarterly, vol. 5, Sept., 1890, pp. 411-437.) Hoist, Hermann Eduard von. The constitutional and political history of the United States. Translated from the German by John J. Lalor. Chicago: Callaghan and company, 1876-1892. 8 vols. 8°. HoTves, Osborne. Government monopoly vs. private competition. {In Quarterly journal of economics, vol. 2, Apr., 1888, pp. 353-.361.) HoTvland, William R. The police power and interstate commerce. {In Harvard law review, vol. 4, Oct. 15, 1890, pp. 221-233.) HuScut, Ernest W. 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Senate doc. no. 73. ) Langstroth, Charles S., a7id Wilson Stilz. Railway co-operation; an investigation of railway traffic associations and a di-scussion of the degree and form of co-operation that should be granted competing railways in the United States. With an introduction by Martin A. Knapp. Philaddphia: PuUished for the University., 1899. xv., 210 jfp. 8^. {Piddications of the University of Pemisylvania. Series in political economy and puhlic law., no. 15.) Legislation and its results, pp. 55-78. Lewis, Charlton T. The scope and limits of congressional legislation against the trusts. {In American academy of political and social science. Annals, vol. 24, July, 1904, pp. 111-122.) LIST OF EEFERENCES ON FEDERAL CONTROL 13 Levtris, George H. Natioiiiil consolidation of the railways of the United States. New Yorh: Dodd, Mead (Sb com;pany^ 189S. xv^ (1), 326 pp. Lewis, John. Power of state to tax or impose conditions upon for- eign corporations engaged in interstate commerce. {In American railroad and corporation reports, vol. 7, pp. 742-746. Chicago, 1893. 8°. ) Le-wis, William Draper. The federal power over commerce and its effect on state action. jP/ii/adeljjhia: University of Pennsylvania press^ 1892. II^B pp. 5^. " To trace the development of these constitutional ideas as set forth in the opinions of the Federal courts is a most interesting and instructive study, as one will find by reading the monograph before us." Not in the Library of Congress. The work is out of print and the Library has been unable to secure a copy. The standing of the Interstate commerce commission before the federal courts. (7/1 American law register, vol. 32, ]VIar. , 1893, pp. 272-278.) Lisle, R. Mason. The original package case. {In American law review, vol. 24, Nov.-Dec, 1890, pp. 1016-1026.) Logan, Walter S. Interstate commerce and the Constitution. 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Me^v Yorlc: PiMished hy Hard and Houghton. 1870. xxiv, 2, 5Jf9 pp. 8°. "The power to regulate commerce," pp. 205-248. Prentice, Ezra Parmalee. The origin of the right to engage in inter- state commerce. (In Harvard law review, vol. 17, Nov., 1903, j)p. 20-40.) State monopolies of inter-state commerce. {In North American review, vol. 178, Apr., 1904, pp. 499-511.) Prentice, PLzra Parmalee, and John Garret Egan. The commerce clause of the federal constitution. Chicago: Qdlaghandi company.^ 1898. lxxv,{l).,386pp. 8°. The federal anti-trust law, pp. 317-.337. Prouty, Charles A. National regulation of railways. {In American economic association. Publications, 3d series, vol. 4, pp. 71-83. New York, 1903. 8°.) [Ramsay, David.] An enquiry into the constitutional authority of the Supreme federal court, o\-er the several states, in their political capacity. Being an answer to Observations upon the government of the United States of America: bj^ James Sullivan, esq., attorney-general of the state of Massachu- setts. By a citizen of South-Carolina. Charleston:^ Printed hy W. P. Yomig, 1792. Jf9 pp. 8°. Signed: Hortensius. LIST OF EEFERENCES ON FEDERAL CONTROL l7 Randolph, Carman Fitz. Considerations on the state corporation in federal and interstate relations; the Northern securities cases. \New Yorh, 1903.1 77 pp. 8°. Cover-title. From the Columbia law review, v. 3, noa. 3-5. Richardson, R. L. Government ownership of railroads. {In Canadian magazine, vol. 15, Sept., 1900, pp. 404-409; Oct., 1900, pp. 531-536; Nov., 1900, pp. 60-66; Dec, 1900, pp. 164-171.) Ridgely, William Barret. Government control of banks and trust companies. {In American academy of political and social science. Annals, vol. 24, July, 1904, pp. 17-26. ) One of a series of articles entitled ' ' The government regulation of banks and trust companies." Rorer, David. American interstate law. Second edition by Charles E. Estabrook. Chicago: Callaghan and company ., 1893 . Ixv .,{!)., 508 pp. 8^. Russell, Alfred. Congress should abrogate federal jurisdiction over state corporations. {In Harvard law review, vol. 7, Apr. 25, 1893, pp. 16-23.) Sammis, L, Walter. The relation of trust companies to industrial combinations, as illustrated by the United States shipbuild- ing company. {In American academy of political and social science. Annals, vol. 24, July, 1904, pp. 239-270. ) One of a series of articles entitled ' ' The government regulation of banks and trust companies." Sanborn, John Bell. Congressional grants of land in aid of railways. Madison^ 1899. 130 pp. 8°. {Bulletin oj^ the University of Wisconsin, no. 30.) Federal control of corporations. {In American law review, vol. 37, Sept.-Oct., 1903, pp. 703-712.) Schouler, James. Constitutional studies, state and federal. 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Commentaries on the Constitution of the United States: with a preliminary review of the constitutional histor}' of the colonies and states before the adoption of the constitution. 5th ed., by Melville M. Bigelow. Boston : Little., Brown^ and eomjyany., 1891. 2 vols. 8^. "Power to regulate commerce," vol. 2, pp. 2-44. Sutherland, William A. Notes on the Constitution of the United States; showing the construction and operation of the con- stitution as determined by the Federal supreme court. San Francisco: Bancroft -AYJdtneif company., 190 If,. ,"«.% (i), 97Spp. <§°. Regulation of commerce, pp. 95-152. Teisberg, A. K. Report of the Committee on government ownership, control, and regulation of railways. {In United States. Interstate commerce commission. Proceedings of a national convention of railroad commissioners, May 19 and 20, 1896, pp. 66-78. Washington, 1896. 8°.) The report is also signed by Isaac B. Brown and Oliu ^lerrili, ami is followed by a minority report signed by S. O. Wilson. Thayer, Joseph Bradley. Cases on constitutional law. W^ith notes. Cambridge: Charles W. Sever, 1895. 2 vols. 8^. Cases on "the regulation of commerce — foreign, interstate, and with the Indian tribes," vol. 2, pp. 178.3-2190. Limits of state and national authority discussed in a note, vol. 2, pj). 2190-2191. LIST OF KEFERENCES OX FEDERAL CONTROL 19 Thompson, Sej-mour D. Federal jurisdiction in case of corporations: proposed act of Congress to restore the earl\' rule on this subject. (In American law review, vol. 29, Xov.-Dec, 1895, pp. 864-877.) Thorpe, Francis N. The constitutional history of the United States. Chicago: Callahan cj6 company^ 1901. 3 vols. 5°. Regulation of commerce, vol. 2, pp. 254-255. Tiedeman, Christopher G. A treatise on state and federal control of persons and property in the United States, considered from both a civil and criminal standpoint. St. Louis: The F. H. Thomas lain hool co. , 1900. 2 vols. 8°. Contexts. — Scope of the Government control and regulation of per- sonal rights; Government regulation of personal security; Personal liberty; Government control of criminal classes; The control of dangerous classes, otherwise than by criminal prosecution; Regula- tions of the rights of citizenship and domicile; State regulation of morality and religion; Freedom of speech and liberty of the press; Regulation of trades and occupations; State regulation of real property ; State regulation of personal property ; State regulation of the relation of husband and wife; State regulation of the relation of parent and child, and of guardian and ward; Police regulation of the relation of master and servant; Police regulation of corpora- tions; The location of police power in the Federal system of gov- ernment. ToTviiley, Morris M. What is the original package doctrine? (In American law review, vol. 35, Sept.-Oct. 1901, pp. 669-683.) Tucker, John Randolph. Congressional power over inter-state com- merce. {In American bar association. Report of the eleventh annual meet- ing, pp. 247-277. Philadelphia, 1888. 8°.) ■ — Sa77ie. {In Railroad and corpoi-ation law journal, vol. 4, Sept. 29, 1888, pp. 290-298. ) The Constitution of the United States. A critical discussion of its genesis, development, and interpretation. Edited by Henry St. George Tucker. Chicago: Callaghan ck co., 1899. 2 vols. 8°. "The power over commerce," vol. 2, pp. 519-558. Uhle, John B. The law governing an original package. {In American law register, n. s., vol. 29, July-Aug., 1890, pp. 409- 483; Nov., 1890, pp. 721-765; Dec, 1890, pp. 797-8.38.) United States. Congress. House. Committee on interstate and foreign commerce. Hearings before the Committee . . . [April 8-June 17 and February 4, 1902] on the bills to amend the interstate commerce law (H. R. 146, 273, 2040, 5775, 8337, and 10930). Washington.: Government printing office., 1902. 573 pp. 8^. Runninj; title: Interstate-commerce law. 20 LIBRARY OF CONC^RESS United States. Congress. Senate. Select committee on interstate eoinmerce. Report. Submitted to the Senate, January IS, 18S6. Washington: Government jjrintlng office^ 1886. 2 vols. 8°. {Jf9th Congress, 1st session. Senate report no. JfB, parts 1 and 2.) Vol. 1. Eeport, with appendix. Vol. 2. Testimony. Select committee on transportation routes to tJie seaboard. Report with appendix and evidence. April 24, 1S74. Washington: Government printing office., 187 It.. 2 vols. 8^. {43d Congress, 1st session. Senate report no. 307.) Vol. 1, pp. 79-108 contain "The constitutional power of Congress to regulate commerce among the several states: A. The i^owers of the national government derived directly from the people; B. The nature and extent of the pov/ers granted by the people to Congress; C. Rule by which this power is to be construed; D. Judicial construction of the words, ' Power to regulate commerce among the several states;' E. This power extends to land as well as to water; F. 'The power to regulate' includes the power to facilitate as well as to disburden commerce; G. Acts of Congress regulating railways; H. State charters do not interfere with the exercise of this power; J. The grant of auxiliary powers confers upon Congress a choice of means, and does not confine it to such means as are indispensabh' necessary; K. The degree of necessity for the employment of any particular means will not be intpiired into by the courts, but must be left to the discretion of Congress; L. Power to appropriate money for internal improvements; ]\I. Power to incorporate a company for the purpose of constructing a railway or canal; N. National right of eminent domain within a state."' 40th Congress, 2d session. House report no. 57. Regulation and control of railroads. Report from the Committee on roads and canals. June 9, 1868. 20 pp. 8". "The report is noteworthy for the strong ground it took in favor of the widest interpretation of the powers of Congress in the matter of the regulation of the railway traffic. Indeed, the whole report was devoted to an argument on the question whether Congress had this power under the constitution, only the last paragraph containing anything about the expediency of Congress taking any steps in the direction of exercising this power. The report of the majority, which only embraced some seven and one-half pages, was a masterly presentation of the view that the federal government had the broadest power in the premises, and insisting that it would surely, in the course of time, be obliged to exercise the power. Their answer, in brief, to the questions which they were instructed to investigate, was that Congress had full power to provide for the safety of passengers, for uniform and etiuitable rates of fare, for uniform and equitable rates of freight, and for proper connections with other railroads in regard to all railways engaged in interstate traffic, but that they were not ready to offer LIST OF REFERENCES ON FEDERAL CONTROL 21 any bill to secure these objects, l)ecause they had not the neces- sary information to enable them to make intelligent recommemla- tions." E. J. James. " The agitation for the federal regulation of railways. ' ' United States. J.^/A Congress^ '2d session. Senate document no. 115. Letter from the Interstate commerce commission, transmit- ting the oral testimony taken by the Interstate commerce commission in the investigation of grain rates at ^Missouri river points. Februar}^ 8, 1897. 531pp. 8^. o7th Congress., "2d session. Senate document no, 73. Reply of the Attorney -general dated Januar}' 3, 1903, to a com- munication dated December 20, 1902, from the Hon. George F. Hoar, chairman of the Committee on the judiciarv, United States Senate. Sherman anti-trust law, and list of decisions relating thereto. Also an address delivered bj'^ Philander C. Knox on the commerce clause of the Constitution and the trust, at Pittsburg, Pa., October 14, 1902. Washington: Government jprinting office., 1903. bO pp. 8-. Senate document no. 207. Letter from the chairman of the Interstate commerce commission, transmitting a report showing rates tiled with said connuission by com- mon carriers subject to the act to regulate commerce on import and domestic traffic of like kind carried between ports of entry in the United States to interior points which show material differences, if any, in favor of through sliip- ments of imported articles, etc. \ also showing actual rates applied during the tirst six months of 1902 on import and domestic traffic as distinguished from the published or tariff rates, etc. March 2, 1903. 34 pp. 8. Industrial commission. Keports. Washington: Government printing office^ 1900-1902. 19 vols. Maps. Facsimiles. Tahles. Diagrams. 8-. Vols. 4 and 9 are devoted to transportation and include evidence on the government ownership of railroads. The same subject is also discussed in vols. 12 and 17, while material on the govern- ment ownership of telegraphs and telephones is printed in vols. 9, 12, 14, 17. In the final rei)ort of the Commission, vol. 19, pp. 481-484, recommendations on the subject of transportation are made, which include one for the revival and strengthening of the policy of government supervision and control of railroads, as originally laid down in the Senate committee report of ISSti and embodied the following year in the Inter^^tate-commerce act. Interstate commerce commission. Annual reports. 1-1 <• Washington: Government printing office, 1887-1903. 17 vols. Maps. Tables. 8°. 22 LIBRARY OF CONGRESS United States. Interdate commerce commission. Railwa3\s in the United States in 1902. [Pts. ii, iv, v.] Washington: (TOver7i7nent privtmg o^ce, 1903. ,i vols. JfP. Pt. II. A forty-year review of changes in freight tariffs. Prepared by the auditor of the coinniif?sion. Pt. IV. State regulation of railways. Prepared by the statistician to the commission. Pt. V. State taxation of railways and other transportation agencies. Prepared by the statistician to the commission. Each of these parts constitutes a portion of Appendix G to the sixteenth annual report of the Interstate commerce commission. Parts i and in are not yet published. Walker, Aldace F. The amendment of the interstate commerce law. {In Compendium of transportation theories, pp. 112-120. Wash- ington, D. C, 1893. 8°.) Operation of the interstate commerce law. {In Forum, vol. 11, July, 1891, pp. 524-540.) Whitney, Edward B. Commercial retaliation between the states. {In American law review, vol. 19, Jan. -Feb., 1885, pp. 62-72.) Wilgus, Horace La Fayette. A national incorporation law. i. Need of a national incorporation law. ii. A proposed national incorporation law. [Ami Arbor, Mich., 1901^.] ISJ^pp. 8^. Cover-title. " Reprinted from Michigan law review, February and April, 1904." WiUoughby, Westel Woodbury, The American constitutional sys- tem; an introduction to the study of the American state. JVew York: The Centiii'y co.^WOlf.. xvi,323p2). 12'^. {The American state series.) "The supremacy of federal law," pp. 100-110; " Federal control of state governments," pp. 111-121; " Federal and state autonomy," pp. 122-134; " Federal and state powers," pji. 135-153; " Federal suj)ervision of state duties," pp. 180-189. Wintersteen, A. H. The commerce clause and the state. {Ill American law register, n. s., vol. 28, Dec, 1889, pp. 733-747.) o g UNIVERSITY OF CALIFORNIA LIBRARY Los Angeles This book is DUE on the last date stamped below. 1 Q^^o* a , ' i ! ; i ; , < i i Form L9-Series 4939 UC SOUTHERN REGIONAL LIBRARY FACILITY D 000 869 488 7 J