Hearings Before the Committee, On Interstate And Foreign ..., Volumes 13-23

Cover Hearings Before the Committee, On Interstate And Foreign ..., Volumes 13-23
Hearings Before the Committee, On Interstate And Foreign ..., Volumes 13-23
United States. Congress. House. Committee On Interstate And Foreign Commerce
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I think that if a crime is committed on the hi^h se^s within 3 miles of land that it might properly be a crime punishable by the federal authorities, whereas if it occurred wholly within the boundaries of a State it would be entirely different, and the difference is in the time of the transaction.
Mr. Kennedy. But we are driving along in the dark if the character of this road is not determined by every transaction or everjr shipment over it. This, it is true, has not been before the courts in e
...xactly the shape we are now discussing, but don't you think that the courts will hold that its character is determined by what it is available for, rather than what it is actually doing at anv particular time?
Mr. Barrett. Taking that view of it, then, it is available for two purposes, for intrastate commerce or interstate commerce, as the co^- tract which it makes requires ; it has a dual capacity. In its contrjaet with the other carriers, where they make a jomt rate to points out of the State, it would be doing an act of interstate commerce.


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