LYCOS RETRIEVER 
Interstate Commerce Commission: Railroads
built 627 days ago
The Union Pacific Corporation said yesterday that the Interstate Commerce Commission had cleared its proposal to create a voting trust intended to ease an acquisition of the Santa Fe Pacific Corporation. Union Pacific, based in Bethlehem, Pa., has proposed a $3.32 billion hostile tender offer for Santa Fe Pacific, which would place the railroad into an independent trust while the commission decided whether to allow the combination.
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The short-lived Commerce Court had its origins in the movement to create a specialized court to hear appeals from orders of the Interstate Commerce Commission, which had been established in 1887 to regulate the nation’s railroads. The provisions for the new court ... included President Taft’s proposal for at-large judges who could be assigned for temporary service on circuit courts of appeals with overburdened dockets. An act of June 18, 1910, (36 Stat. 539) established the Commerce Court as a court of record with five judges, appointed to serve staggered terms of up to five years. The Commerce Court had jurisdiction to enforce all orders of the Interstate Commerce Commission and to hear all challenges to the commission’s rulings. Taft simultaneously appointed the five new judges to different circuit courts of appeals, as provided for in the statute.
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This is a bill in equity brought in this Court by the State of Texas against the Interstate Commerce Commission and the Railroad Labor Board. The relief sought is first, a declaration that the main provisions [Footnote 1] of Titles III and IV of the Transportation Act of 1920, c. 91, 41 Stat. 456, 469, 474, are unconstitutional and void;
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Among the many items included in this newly released collection are materials related to the Interstate Commerce Commission case which resulted from Attorney General Robert F. Kennedy’s proposed regulations banning discrimination in interstate bus facilities. The proposals were made in response to the violence faced by the “Freedom Riders,” who traveled throughout the South in the spring and summer of 1961 in order to test the 1960 U.S. Supreme Court ruling that declared racial segregation in interstate public facilities to be unconstitutional. Also included are files relating to major railroad mergers and notes and correspondence regarding legislation affecting transportation.
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During the 1950s and 1960s, new regulatory powers granted to the ICC failed to halt the decline of railroads in the face of competition from airlines and the burgeoning interstate highway system. Business lobbyists increasingly saw the commission as a powerful symbol of regulatory excess. At the same time, representatives of consumer groups believed the commission kept transportation and shipping rates artificially high. They ... argued that the commission had grown too close to industries it had been established to regulate. For example, the American Trucking Association maintained an office inside the ICC's headquarter's in Washington, D.C.
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Surface transportation regulated by the ICC eventually included railroads, trucking, buses, freight forwarders, water carriers, transportation brokers, and those pipelines that were not regulated by the Federal Energy Regulatory Commission. Since there were various exemptions from ICC regulations, in practice the ICC regulated approximately one-third of all interstate trucking operations and only about one-tenth of interstate water carrier operations. Exemptions applied to such areas as water transportation of products in bulk, school buses, hotel buses, national park buses, taxicabs, newspaper distribution vehicles, and vehicles incidental to air transportation.
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