Bills of Lading: Hearings Before the Committee on Interstate and Foreign Commerce of the House of Representatives, Sixty-fourth Congress, First Session, on S. 19, Relating to Bills of Lading, Part 2

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Page 320 - Gibbons v. Ogden, 9 Wheat. 1, 196, 6 L. ed. 23, 70, where he said: "We are now arrived at the inquiry, What is this power? It is the power to regulate; that is, to prescribe the rule by which commerce is to be governed. This power, like all others vested in Congress, is complete in itself, may be exercised to its utmost extent, and acknowledges no limitations other than are prescribed in the Constitution.
Page 337 - Where the shipper of bulk freight installs and maintains adequate facilities for weighing such freight, and the same are available to the carrier, then the carrier, upon written request of such shipper and when given a reasonable opportunity so to...
Page 334 - If upon inspection it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped.
Page 284 - That if a bill of lading has been issued by a carrier or on his behalf by an agent or employee the scope of whose actual or apparent authority includes the receiving of goods and issuing bills of lading therefor for transportation in commerce among the several States and with foreign nations, the carrier shall be liable to (a) the owner of goods covered by a straight bill...
Page 281 - State that where the principal has clothed his agent with power to do an act upon the existence of some extrinsic fact necessarily and peculiarly within the knowledge of the agent, and of the existence of which the act of executing the power is...
Page 301 - ... shipper's weight, load and count" or the like, if such indication be true. (2) When goods are loaded by an issuer who is a common carrier, the issuer must count the packages of goods if package freight and ascertain the kind and quantity if bulk freight. In such cases "shipper's weight, load and count...
Page 311 - This power over commerce among the States, so conferred upon Congress, is complete in itself , ; extends incidentally to every instrument and agent by which such commerce is carried on, 'may be exerted to its utmost extent over every part of such commerce, and is subject to no limitations save such as are prescribed in the Constitution. But, of course, it does not extend to any matter or thing which does not have a real or substantial relation to some part of such commerce.
Page 284 - ... issued for goods, no seller's lien or right of stoppage in transitu...
Page 334 - ... without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
Page 315 - It is unnecessary to repeat what has frequently been said by this court with respect to the complete and paramount character of the power confided to Congress to Regulate commerce among the several States. It is of the /essence of this power that, where it exists, it dominates.

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