The Intergovernmental Trade Commission ( ICC ) is the governing body in the United States created by the Interstate Commerce Act of 1887. The agency's initial objective was to regulate railroads (and then trucks ) to ensure a fair degree, to eliminate level discrimination, and to regulate other aspects of common carriers, including interstate bus lanes and telephone companies. Congress extended the ICC's authority to regulate other trading modes starting in 1906. The agent was removed in 1995, and the rest of its functions were transferred to the Surface Transport Council.
Five members of the Commission are appointed by the President with the approval of the United States Senate. This is the first independent agency (or so-called Fourth Branch ).
Video Interstate Commerce Commission
Creation
The ICC was founded by the Interstate Commerce Act of 1887, signed into law by President Grover Cleveland. The creation of the commission was the result of widespread and long-lasting anti-rail agitation. Western farmers, especially those with the Grange Movement, are the dominant forces behind the riots, but the West generally - especially those in rural areas - believe that trains have economic power that they are systematically abused. The main problem is the level of discrimination between customers and communities in the same location. Other potential issues include alleged attempts by railroads to gain influence over municipal and state governments and the widespread practice of free transportation in the form of annual permits to opinion leaders (elected officials, newspaper editors, ministers, etc.) to muffle any opposition to the practice of trains.
Different sections of the Interstate Trade Act prohibit "personal discrimination" and require "fair and reasonable" shipping rates.
President Cleveland appointed Thomas M. Cooley as the first chairman of the ICC. Cooley is Dean of the University of Michigan Law Faculty and Chief Justice of Michigan's Supreme Court.
Maps Interstate Commerce Commission
Initial implementation and legal challenges
The Commission has a troubled beginning because the law that created it failed to provide sufficient enforcement power.
This commission, or can be created, is very useful for the railroad. It fulfills the popular demand for government oversight of the railroad, while at the same time supervision is almost entirely nominal.
Following part of the 1887 action, the ICC went on to set maximum shipping rates for trains. However, in the late 1890s several railways challenged the institution's decision-making authority in litigation, and the courts severely restricted the strength of the ICC.
Congress expands the power of the commission through subsequent legislation. 1893 The Railroad Safety Appliance Act provides ICC jurisdiction over rail safety, removes this authority from the state, and this is followed by amendments in 1903 and 1910. The Hepburn Act of 1906 authorizes the ICC to set maximum train fares, and extend the authority to closing bridges, terminals, ferries, sleeping cars, express companies and oil pipelines.
The prolonged controversy is how to interpret the language in the law that prohibits discrimination of short-term freight costs. The Mann-Elkins Act of 1910 addresses this question by strengthening the ICC's authority over rail fares. This amendment also expands the ICC's jurisdiction to include telephone, telegraph and wireless company regulations.
The 1913 Assessment Act requires the ICC to set up an Appraisal Bureau that will assess the value of railroad properties. This information will be used to set rates.
In 1934, Congress transferred telecommunications authority to the new Federal Communications Commission.
In 1935, Congress passed the Motor Transport Act, which expanded the ICC's authority to regulate interstate bus lanes and transport trucks as public transport.
Ripley Plan to incorporate rail into regional system
The Transport Act of 1920 directed the Interstate Trade Commission to prepare and adopt plans for the consolidation of US railway properties into a limited number of systems. Between 1920 and 1923, William Z. Ripley, a professor of political economics at Harvard University, wrote the ICC's plan for a regional consolidation of the US railways. The plan is known as the Ripley Plan . In 1929, the ICC published the Ripley Plan under the title Complete Consolidation Plan . Many hearings were held by the ICC on plans under the topic "In Consolidation of the United States Railway into a Limited Number of Systems".
21 rel kereta api yang diusulkan adalah sebagai berikut:
- Boston and Maine Railroad ; Maine Central Railroad; Bangor dan Aroostook Railroad; Delaware dan Hudson Railroad
- Jalur Kereta New Haven ; New York, Ontario dan Western Railway; Jalur Kereta Api Lehigh dan Sungai Hudson; Lehigh dan New England Railroad
- Kereta Api Pusat New York ; Rutland Railroad; Virginian Railway; Chicago, Attica, dan Southern Railroad
- Pennsylvania Railroad ; Jalan Long Island Rail
- Baltimore dan Ohio Railroad ; Central Railroad of New Jersey; Membaca Railroad; Buffalo dan Susquehanna Railroad; Buffalo, Rochester, dan Pittsburgh Railway; 50% dari Detroit, Toledo dan Ironton Railroad; 50% dari Detroit dan Toledo Shore Line Railroad; 50% dari Monon Railroad; Chicago dan Alton Railroad (Alton Railroad)
- Chesapeake dan Ohio-Nickel Plate Road ; Hocking Valley Railway; Erie Railroad; Pere Marquette Railway; Delaware, Lackawanna, dan Western Railroad; Bessemer dan Lake Erie Railroad; Chicago dan Illinois Midland Railroad; 50% dari Detroit dan Toledo Shore Line Railroad
- Jalur Kereta Udara Jalur Kereta Wabash-Seaboard ; Lehigh Valley Railroad; Wheeling dan Lake Erie Railway; Pittsburgh dan West Virginia Railway; Kereta Api Maryland Barat; Akron, Canton dan Youngstown Railway; Norfolk and Western Railway; 50% dari Detroit, Toledo dan Ironton Railroad; Toledo, Peoria dan Western Railroad; Ann Arbor Railroad; 50% dari Kereta Api Selatan Winston-Salem
- Jalur Kereta Api Pantai Atlantik ; Louisville dan Nashville Railroad; Kereta Nashville, Chattanooga dan St. Louis; Clinchfield Railroad; Atlanta, Birmingham, dan Coast Railroad; Mobile and Northern Railroad; New Orleans Great Northern Railroad; 25% dari Chicago, Indianapolis dan Louisville Railway (Kereta Api Monon); 50% dari Kereta Api Selatan Winston-Salem
- Jalur Kereta Selatan ; Norfolk Southern Railroad; Tennessee Central Railway (sebelah timur Nashville); Florida East Coast Railway; 25% dari Chicago, Indianapolis, dan Louisville Railway (Kereta Api Monon)
- Illinois Central Railroad ; Central of Georgia Railway; Minneapolis dan St. Louis Railway; Tennessee Central Railway (barat Nashville); St. Louis Southwestern Railway (Jalur Sabuk Kapas); Atlanta dan St Andrews Bay Railroad
- Kereta Api Chicago dan North Western ; Chicago dan Eastern Illinois Railway; Litchfield dan Madison Railway; Mobile and Ohio Railroad; Columbus dan Greenville Railway; Lake Superior dan Ishpeming Railroad
- Jalur Kereta Api Utara-Utara Besar ; Spokane, Portland, dan Seattle Railway; 50% dari Butte, Anaconda, dan Pacific Railway
- Jalan Milwaukee ; Escanaba dan Lake Superior Railroad; Duluth, Missabe, dan Kereta Api Utara; Duluth dan Iron Range Railroad; 50% dari Butte, Anaconda dan Pacific Railway; hak trackage di Spokane, Portland dan Seattle Railway ke Portland, Oregon.
- Rute Burlington ; Colorado and Southern Railway; Fort Worth dan Denver Railway; Green Bay dan Western Railroad; Kereta Api Missouri-Kansas-Texas; 50% dari Trinity dan Brazos Valley Railroad; Kota Oklahoma-Ada-Atoka Railway
- Union Pacific Railroad ; Kereta Api Selatan Kansas City
- Jalur Pasifik Selatan
- Kereta Api Santa Fe ; Chicago Great Western Railway; Kansas City, Meksiko, dan Orient Railway; Missouri dan North Arkansas Railway; Kereta Api Midland Valley; Minneapolis, Northfield, dan Southern Railway
- Missouri Pacific Railroad ; Texas and Pacific Railway; Kansas, Oklahoma, dan Gulf Railway; Denver dan Rio Grande Western Railroad; Denver dan Salt Lake Railroad; Western Pacific Railroad; Fort Smith dan Western Railroad
- Kereta Api Island Island-Frisco ; Alabama, Tennessee, dan Northern Railroad; 50% dari Trinity dan Brazos Valley Railroad; Louisiana and Arkansas Railway; Meridian dan Bigbee Railroad
- Nasional Kanada ; Detroit, Grand Haven dan Milwaukee Railway; Grand Trunk Western Railway
- Pasifik Kanada ; Soo Line; Duluth, South Shore dan Atlantic Railway; Jalur Rel Kereta Api Mineral [1]
Rel kereta terminal diusulkan
There are 100 rail terminal terminals also proposed. Below is an example:
- Toledo Terminal Railroad ; Detroit Terminal Railroad; Kankakee & amp; Seneca Railroad
- Indianapolis Union Railway ; Boston Terminal; Ft. Wayne Union Railway; Norfolk & amp; Portsmouth Belt Line Railroad
- Toledo, Angola & amp; West Railway
- Akron and Barberton Belt Railroad ; Canton Railroad; Muskegon Railway & amp; Navigation
- Philadelphia Belt Line Railroad ; Fort Street Union Depot; Detroit Union Railroad Depot & amp; Station; 15 other properties across the United States
- St. Louis & amp; O'Fallon Railway ; Detroit & amp; West Railway; Flint Belt Railroad; 63 other properties across the United States
- Youngstown & amp; North Railway ; Delray Connecting Railroad; Wyandotte Southern Railroad; Wyandotte Terminal Railroad; South Brooklyn Railway
Package rejected
Many small railroads failed during the Great Depression of the 1930s. From the lines that survive, the stronger are not interested in supporting the weak. Congress rejected Ripley's Plan with the Transport Act of 1940, and the idea of ​​consolidation was canceled.
Integration of racial transport
Although racial discrimination has never been the main focus of his efforts, the ICC must address the issue of civil rights when passengers lodge a complaint.
History
- April 28, 1941 - In Mitchell v. United States, The Supreme Court of the United States stipulates that discrimination in which colored people who have paid first-class rates for interstate travel is forcibly abandoned the car and a second class car is basically unfair, and violates the Interstate Trade Act. The court thereby canceled the ICC's order to reject complaints against inter-state carriers.
- June 3, 1946 - In Morgan v. Virginia, The Supreme Court overturned the Virginia Code provision requiring white passenger segregation and where applied to interstate bus transportation. State laws are unconstitutional as far as burdensome cross-border trade, the territory of federal jurisdiction.
- June 5, 1950 - In Henderson v. United States, The Supreme Court decided to abolish the separation of tables booked in railway dining cars. The Southern Railway has reserved the table in such a way as to allocate one table conditional to blacks and some tables for whites; black passengers traveling in first class are not served in the dining car because the table provided is used. The ICC decides that discrimination is a mistake in judgment on the part of each of the flight attendants; both the United States District Court for the District of Maryland and the Supreme Court disagree, finding the policy published from the railway itself to be in violation of the Interstate Commerce Act.
- September 1, 1953 - In Sarah Keys v. Carolina Coach Company, Sarah Keys private women's Army Corps, represented by civil rights lawyer Dovey Roundtree, became the first black person to challenge "separate but equal" Doctrine in bus segregation before the ICC While the ICC review commissioner early refusing to accept the case, claiming Brown v. Board of Education (1954) "does not impede segregation in private business such as bus companies," Roundtree eventually won in obtaining a review by a full eleven commission. >
- November 7, 1955 - ICC prohibits bus segregation on the way between countries in Sarah Keys vs. Carolina Coach Company. This extends the logic of Brown v. Board of Education, a precedent that ends the use of "separate but equal" in defense of discrimination claims in education, to trans-national bus travel.
- December 5, 1960 - In Boynton v. Virginia, The Supreme Court declared that racial segregation at bus terminals is illegal because such segregation violates the Interstate Trade Act. This decision, in combination with the ICC decree of 1955 at Keys v. Carolina Coach, effectively prohibits segregation on interstate buses and at terminals serving such buses.
- September 23, 1961 - The ICC, at the urging of Attorney General Robert F. Kennedy, issued a new rule that ends discrimination on the way between countries. Effective November 1, 1961, six years after the commission's own decision at Keys v. Carolina Coach Company, all the interstate buses required to display certificates that read: "Seats on this vehicle regardless of race, color, belief or national origin, on the orders of the Interstate Trade Commission."
Relationship between regulated and regulated agency
The friendly relationships between regulators and those set out clearly in some cases of early civil rights. Across the South, trains have set up separate facilities for car sleepers, coaches and meal cars. At the same time, the simple language of the Act (prohibiting "undue or unwarranted preference" and "personal discrimination") can be read as an implied invitation for activist regulators to exclude racial discrimination.
It is unlawful for any public transport subject to the provisions of this section to create, give, or cause undue or unreasonable preference or advantage to any particular person, company, firm, company, association, locality, port, port district , gates, transit points, territories, districts, regions, or any special description of traffic, in any case; or to subdue any person, company, company, company, association, locality, port, port district, gateway, transit point, territory, district, territory, or any specific description of traffic to any undue or undesirable prejudice or loss sense in all things...
At least in two landmark cases, the Commission sided with trains rather than with African-American passengers complaining. In both Mitchell v. United States of America (1941) and Henderson v. United States, The Supreme Court takes a broader view of the Law than the Commission. In 1962, the ICC prohibited racial discrimination on buses and bus stations, but did not do so until several months after the binding Boycotts pro-integration Supreme Court decision. Virginia and Freedom Rides (where activists are involved in civil disobedience to separate buses between countries).
Criticism
Limitations on train levels in 1906-07 depreciated the value of railroad securities, a factor that caused panic in 1907.
Some economists and historians, such as Milton Friedman, affirm that the interests of existing trains take advantage of ICC regulations to strengthen their control over industry and prevent competition, which is the capture of regulations.
Economist David D. Friedman argues that the ICC always serves trains as agents of cartelization and uses its authority over other forms of transportation to prevent them, if possible, from crushing railroads.
Deletion
Congress passed various deregulation measures in the 1970s and early 1980s that undermined the ICC's authority, including the Revitalization of Railways and Regulatory Reform Act of 1976 ("4R Act"), the Motor Carrier Act of 1980 and the Staggers Rail Act of 1980. Senator Fred R Harris of Oklahoma is a strong supporter to abolish the Commission. In December 1995, with most of the ICC's power being eliminated or revoked, Congress eventually abolished the agency with the ICC Termination Act of 1995. Gail's final chair McDonald oversaw the transfer of his remaining functions to a new agency, the US Surface Transportation Board (STB) ), which reviews mergers/acquisitions, railway abandonment and railway company filings.
The ICC jurisdiction on rail safety (hours of service rules, equipment and inspection standards) was transferred to the Federal Railroad Administration pursuant to the Federal Railroad Safety Act of 1970.
Motor operators (bus lanes, trucking companies) are now governed by the Federal Motor Carrier Safety Administration (FMCSA), within the US Department of Transport (USDOT). Prior to its removal, the ICC issued an identification number for motor carriers issuing licenses. This identification number is generally in the form of "ICC MC-000000". When the ICC is dissolved, the function of motorcycle operator licenses across countries is transferred to FMCSA. All motor operators with federal licenses now have USDOT numbers such as "USDOT 000000".
Legacy
The ICC serves as a model for later regulatory efforts. Unlike, for example, the state medical boards (historically managed by the doctors themselves), seven Interstate Commerce Commissioners and their staff are full-time regulators who can not have economic links with the industries they manage. Since 1887, several states and other federal agencies have adopted this structure. And, like the ICC, institutions then tend to be governed as many independent-headed commissions on terms that are confusing for commissioners. At the federal level, institutions are patterned after the ICC includes the Federal Trade Commission (1914), the Federal Communications Commission (1934), the Securities and Exchange Commission (1934), the National Labor Relations Board (1935), the Civil Aeronautical Council (1940), Postal Regulatory Commission (1970) and Consumer Product Safety Commission (1975).
In the last few decades, this independent federal agency's regulatory structure has been outdated. The institutions established after the 1970s generally have a single head appointed by the President and are divisions within the Executive Cabinet Department (eg, Occupational Safety and Health Administration (1970) or Transportation Security Administration (2002)). The trend is the same at the state level, though it may be less clear.
International influence
The Interstate Trade Commission had a strong influence on the founders of Australia. The Australian Constitution provides (Ã, Â, Â, 101-104, also Ã, § 73) for the establishment of the Intergovernmental Commission, which is modeled after the United States Interstate Trade Commission. However, these provisions have largely not been put into practice; The Commission existed between 1913-1920, and 1975-1989, but never assumed the role that Australia's founders intended for it.
See also
- Category: Interstate Trade Commission litigation
- Category: People from the Interstate Trade Commission
- Civil Aeronautics Board, the comparable body that governs American air travel
- Airline deregulation in the United States, overview of CAB increment and decrease
- The history of railway transportation in the United States
- US administrative law
References
Source
External links
- Public Broadcasting Service (PBS). "People & amp; Events: Interdepartmental Commissions." (Note to The American Experience: Streamliners television program )
- The historic technical report of the Interstate Trade Commission (and other Federal agents) is available in the Archives Technical Archives and Image Library (TRAIL)
- Records of the Intergovernmental Trade Commission and the Surface Transport Agency at the National Archives (Rekam Group 134)
- Ã, Johnson, Emory Richard (1922). "Interstate Commerce". EncyclopÃÆ' | he Britannica (12 ed.) Ã,
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