Burden of Proof: Interstate Commerce Commission versus Railroads Railways were a unique business organization in 1800’s America, as they spanned across states. When state courts would file suits against them, reasonable claims would often be overturned due to lack of control over interstate commerce. In response to a case known as Wabash et al vs. Illinois, the federal government stepped in, as it possessed the power to regulate interstate commerce on a collective level; and thus, the Interstate Commerce Commission was created in 1887. The ICC was designated to prevent railroad companies from creating discriminatory rates, rebating, and colluding. The commission also examined railroad companies and required annual reports. With scandalous histories ranging from persuading congressmen with railroad shares to favor funding them in …show more content…
In effect, companies would need to provide evidence to prove their contention, as opposed to the government. This was important because companies had access to their own information files, but the government did not. Even with search warrants, companies likely would be able to skew information provided to government cases. It would make sense for the ICC to be responsible for burden of proof if railroads were not blatantly engaging in corrupt practices, but because it was fairly clear that they were, the burden to prove their own innocence was more sound. With the burden of proof shifted, the ICC became far more powerful as leveraging court cases became more favorable to the commission. The Hepburn Act also extended the ICC’s jurisdiction to private car companies, which gave it greater scope in carrying out regulations to promote fair business practice. By setting a precedent as a regulatory commission and empowerment in the courts, the ICC would likely serve as a model for future regulation of industry in
The 1906 Hepburn Act changed the relationship between the ICC and the railroads where before the ICC had the burden of proof for any railroad wrongdoing with railroads submitting annual reports to both the ICC and to congress. This did not work very long as soon the ICC was challenged in court and Elkins Act was passed. This helped more properly define the ICC’s power, and soon the Hepburn Act was passed which further increased the power of the ICC over the railroads. Shifting the burden of proof was a major factor in increasing the ICC’s power and relationship with the railroads. Before, the presumption of right was given to the railroads and when the railroads appealed a commission, they went to the ICC.
This prompted Congress to become involved through the creation of the Interstate Commerce Commission, or ICC, which regulated railroad corporations and ensured lawful freight rates. However, until the early 1900s, the ICC was too weak to make any substantial difference in the Supreme Court on the issue of railroad corruption. In 1906, President
The act established that companies could not use treasury money to support or dissent someone’s political campaign, and the case decided whether are not this law was against the first and fourteenth amendment . The outcome of the case decided that this law was in fact not against the first or fourteenth amendment because companies could not be regarding as people and therefore did not reserve the same kinds of rights and liberties, such as freedom of speech or equal protection under the law . In the case of McConnell v. Federal Election Committee, the BCRA of 2002 was brought into question and whether or not Congress had the right to limit companies spending of money towards political campaigns, even if it was considered to be soft money and
Even though the railroad existed before the great division between the north and the south and it mainly contributed in providing goods for both sides, the invention of the railroad greatly contributed to the civil war. The first railroad created in the US was in 1827 and their major role was to transport goods from the North to the South and back. As slaves became more abundant in the South and less present in the North a war began on the idea of slavery. The railroad caused this Civil War by bringing goods to only one side and keeping their advantage. It went from having different point of views to all out battles that started with starvation and isolation, but led to death and separation.
Money has always been a big issue, even in today’s society. When a problem emerges we turn to money to try and help us dig our way out. This was the same case for railroads. Due to their expensiveness, investments through the connectedness of the banks and government needed to be issued. “In late 1890 the Interstate-Commerce Railway Association died at the hands of the corporations that formed it…
The Interstate Commerce Act (ICA) took place on February 4, 1887, when the Senate and House of Representatives granted Congress the power to regulate interstate railroads. This act included all transactions across several states. The Railroad Industry began taking advantage of the public by overcharging farmers, small business owners, and city to city passengers. The Interstate Commerce Act of 1887 originally regulated shipping rates on the Railroad system, but later improved delivery of all kinds such as air travel, trucking, and shipping. The Railroad Industry’s unfair practices targeted the public with underhanded prices.
The BOI was initially tasked with looking into any potential antitrust law breaches as well as human rights
Transcontinental Railroad Tera Richardson, 4336787 History 102 B008 Sum 17 Professor Traci Sumner American Military University July 22, 2017 Abstract The transcontinental railroad was one of the biggest advocates for the industrial economy and westward expansion. The railroads could transfer goods and people across the country with ease, and quickly. While some bad came from this miraculous progression, such as the panic of 1873 and a yellow fever epidemic, the good outweighed the bad as it enabled the United States to fulfill its Manifest Destiny through westward expansion.
A landmark case Gibbons vs. Ogden, the chief justice ruled that the power to regulate interstate commerce also included the power to regulate interstate navigation. Within its decision of the courts the
The U.S. Supreme Court developed the “effects on interstate commerce” test to allow interstate activities. This was meant to allow anyone to be accommodated at any hotels or motels. Most commerce is considered “interstate commerce” because most guest come from other states, which made motels and hotels subject to regulations. Although, the Supreme Court ruled that it wasn’t constitutional because it discriminated against certain races. Congress regulated the interstate commerce, being that most motel businesses are from people who are coming in and out of Georgia.
Because of the rapid settlement of the western land in the 1850s, Congress wanted to enforce a transcontinental railroad to replace America’s current weak transportation system—horse-drawn carriages were still used and soldiers often had to walk. But due to the constant competition between the Northern members and the Southern
The Transcontinental Railroad played a significant role in the settlement of the American West. As of May 10th, 1869, this railroad became the area’s newest and fastest mode of transportation. Its first obligation was to bring settlers in at very low cost, and, sometimes, even free of charge. The types of people that began to migrate West were those who were searching for a better life. One which contains less poverty and more opportunities.
The Tremendous Impact of Railroads on America In the late 19th century, railroads propelled America into an era of unprecedented growth, prosperity, and convenient transportation. Prior to the building of the railroads, America lacked the proper and rapid transportation to make traveling across the country economical or practical. Lengthy travel was often cumbersome, costly, and dangerous.
During the late 1800’s, many settlers were expanding to the West and the Transcontinental Railroad helped them move from the East to the West. Some wanted to gain 160 free acres of land known as the Homestead Act. The Transcontinental Railroad connected the East and the West. The Union Pacific Railroad and Central Pacific Railroad were the companies that built the Transcontinental Railroad; however, the companies were run by greedy men and felt no guilt as they asked the government to pass special bills for them. The railroad cut through many lands and affected the Native Americans in a perilously way.
To further the control of information within the United States railroad companies hired lobbyists and journalists to paint a specific picture of the transcontinental advancements to the American