Extent of Regulation of Ocean and Inland Water Transportation By the Federal Government

• Published date: 01 September 1914
• Date: 01 September 1914
• DOI: http://doi.org/10.1177/000271621405500102
• Subject Matter: Articles

17

EXTENT

OF

REGULATION

OF

OCEAN

AND

INLAND

WATER

TRANSPORTATION

BY

THE

FEDERAL

GOVERNMENT

BY

GROVER

G.

HUEBNER,

PH.D.,

Assistant

Professor

of

Transportation

and

Commerce,

University

of

Pennsylvania.

In

the

past

the

federal

regulation

of

transportation

agencies

has

been

concerned

much

more

largely

with

railroads

than

with

other

common

carriers.

Gradually,

however,

as

it

became

evident

that

the

need

for

such

regulation

is

not

peculiar

to

railroads,

the

scope

of

the

interstate

commerce

law

was

extended

so

as

to

include

express,

sleeping

car

and

private

car

companies,

fast

freight

lines,

industrial

railroads,

refrigeration

and

ventilation

services,

terminal

facilities,

elevators,

transfer

and

delivery

services,

and

all

transpor-

tation

agencies

operated

in

connection

with

the

interstate

shipment

of

freight

or

passengers

by

rail.

The

interstate

business

of

pipe

lines,

electric

street

railways,

and

telephone,

telegraph

and

cable

lines

were

likewise

placed

within

the

scope

of

the

interstate

commerce

act,

and,

as

will

be

hereafter

described,

water

transportation

agencies

were

under

certain

conditions

subjected

to

the

provisions

of

the

statute.

So

limited,

however,

is

the

control

of

the

Interstate

Com-

merce

Commission

over

water

carriers

that the

enactment

of

addi-

tional

legislation

applicable

to

their

charges

and

public

services

is

now

being

seriously

considered.

The

relations

between

carriers

by

water

and

between

such

carriers

and

railways

has

also

become

a

matter

of

public

interest.

The

Sherman

act

of

1890

and

the

anti-trust

provisions

of

the

tariff

act

of

1894

are

generally

applicable

to

all

combinations,

conferences

or

agreements

which

unreasonably

restrain

interstate

or

foreign

trade,

and

the

Panama

Canal

act

of

1912

regulates

certain

phases

of

such

relations,

but

the

need

of

federal

legislation

particularly

applicable

to

steamship

oombinations,

conferences

or

agreements

is

a

topic

of

serious

consideration.

Existing

federal

regulation

of

ocean

and

inland

water

trans-

portation

may

conveniently

be

classified

into

(1)

navigation

laws

18

THE

ANNALS

OF

THE

AMERICAN

ACADEMY

concerning

the

public

safety,

registry

and

enrollment,

treatment

of

crews

and

a

multitude

of

matters

not

directly

connected

with

trans-

portation

charges

and

services;

(2)

statutes

regulating

the

charges

and

public

services

of

water

transportation

agencies;

and

(3)

statutes

regulating

or

prohibiting

combinations,

conferences

or

agreements.

GENERAL

NAVIGATION

LAWS

Since

it

is

with

the

type

of

regulation

included

in

(2)

and

(3)

above

that

this

volume

is

especially

concerned,

it is

not

the

purpose

of

this

paper

to

present

a

detailed

analysis

of

the

many

navigation

laws

which

Congress

has

from

time

to

time

enacted.

Brief

mention

of

the

principal

groups

of

statutes

will,

however,

serve

to

emphasize

the

line

of

demarcation

which

Congress

has

in

the

past

drawn

between

water

and

rail

transportation.

Both

rail

and

water

carriers

have

been

the

subject

of

much

legislation,

but

for

the

most

part,

although

not

entirely,

in

separate

statutes

and

with

different

objects

in

view.

The

principal

federal

laws

regulating

the

railroads

are

those

con-

cerning

their

charges

and

public

services,

while

the

principal

laws

concerning

water

transportation

are

the

various

general

navigation

statutes.

The

public

safety

has

been

regulated

in

the

case

of

both

rail

and

water

transportation,

but

the

conditions

of

operation

have

differed

so

widely

that

separate

statutes

were

enacted.

Mention

of

some

of

the

many

navigation

laws

which

are

now

in

effect

will

also

serve

to

emphasize

that,

in

matters

other

than

charges

and

public

services,

water

transportation

is

regulated

by

a

multitude

of

federal

statutes.

Navigation

Statutes.-An

important

group

of

navigation

laws

are

those

which

require

American

vessels,

excepting

harbor

craft

and

ves-

sels

not

propelled

by

sails

or

internal

motive

power

of

their

own,

to

be

registered,

enrolled

or

licensed.

Vessels

so

documented

with

the

United

States

Commissioner

of

Navigation

are

identified

by

an

official

name

and

number

permanently

carved

or

marked

on

the

vessel

as

required

by

law,

and

each

registered

vessel

in

addition

has

her

draught

officially

marked

on

the

stem

and

stern

post.

These

statutes,

moreover,

specify

what

vessels

may

and

may

not

be

documented.

Since

1817

foreign

built

vessels

have

been

barred

from

the

American

coastwise

business,

and

it

is

therefore

important

for

vessels

equipped

with