United States v. P. Koenig Coal Co.

TUTTLE, District Judge.

This case is before the court on demurrer to the indictment. The indictment alleges the acceptance by the defendant of certain unlawful concessions and discriminations in respect to transportation in interstate commerce, in violation of section 1 of the so-called Elkins Act (Act Eeb. 19, 1903, c. 708, 32 Statutes at Large, 847), as amended by section 2 of the Hepburn Act (Act June 29, 1906, c. 3591, 34 Statutes at Large 587 [Comp. St. § 8597]). This section, as so amended, provides, among other things, as follows:

“It shall he unlawful for any person * * * or corporation…