Construction And Constitutionality of the Long And Short Haul Clause of the Inte

Cover Construction And Constitutionality of the Long And Short Haul Clause of the Inte
Construction And Constitutionality of the Long And Short Haul Clause of the Inte
Alfred P Thom
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Vs. People, 69 111. , 11. See as to the effect of competition between railroads at the longer distance point, Illinois Central E. E. Co. Vs. People, 121 111. , 304. To the effect that a rigid long and short haul clause does not violate the Fourteenth Amendment, see McGrew vs. Mo. Pac. Ey. Co. (Mo. ), 132 S. W. , 1076, 1088.
It seems to me that the clause runs counter to the principles laid down in Adair vs. United States, 208 U. S. , 161, where an act of Congress was condemned on two grounds, o
...ne of which was that it violated the Fifth Amendment. The act in question was section 10 of the Erdman Act, making it unlawful for carriers to discharge employees on account of membership in labor organizations, etc. At page 172, the court said: * ' In our opinion that section, in the particular mentioned, is an invasion of the personal lib- erty, as well as of the right of property, guar- anteed by that amendment. Such liberty and right embraces the right to make contracts for the purchase of the labor of others, and equally the right to make contracts for the sale of one's own labor ; each right, however, being subject to the fundamental condition that no contract, 77 whatever its subject-matter, can be sustained which the law, upon reasonable grounds, forbids as inconsistent with the public interests or as hurtful to the public order or as detrimental to the common good/' Consider also Louisville & Nashville E.

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