United States v. New York Central & Hudson River Railroad
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STAÍES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. .The very method of rebating herein charged was prevalent prior to 1903; was called to the attention of Congress by the Interstaté Commerce Commission; provisions were inserted into the Elkins Law for the avowed purpose of . stopping the practice, and the enactment of these provisions constitutes a construction of the law to the effect that it covers…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STAÍES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. .The very method of rebating herein charged was prevalent prior to 1903; was called to the attention of Congress by the Interstaté Commerce Commission; provisions were inserted into the Elkins Law for the avowed purpose of . stopping the practice, and the enactment of these provisions constitutes a construction of the law to the effect that it covers the precise offense here charged. Cin., N. O. & T. P. Ry. Co. v. Int. Comm. Comn., 162 U. S. 184, 192, 193; Ann. Rep. Int.…
1Opinion of the Court
Mr-. Justice DAY
delivered the opinion of the court.
This proceeding is here under the act of March 2, 1907, c. 2564,34 Stat. 1246, permitting the Government tb bring to this. court a case where the court below sustains a demurrer to the indictment,, in which the judgment involves the construction of a Federal statute upon which the indictment is founded. The indictment to which the demurrer was sustained in this case, charges that the Missouri Pacific Railway Company, the Cleve- ■ land, Cincinnati, Chicago and St. Louis Railroad Company, the ‘ Lake Shore and Michigan Southern Railway Company…
2Cases cited1 opinion
- United States v. KeitelSupreme Court of the United States · 1908
3Cited by4 opinions
- United States v. VoorheesUnited States Court of Military Appeals · 1954
- Dayton Coal & Iron Co. v. Cincinnati, New Orleans & Texas Pacific Railway Co.Supreme Court of the United States · 1915
- Mutual Transit Co. v. United StatesCourt of Appeals for the Second Circuit · 1910
- Atchison, T. & S. F. Ry. Co. v. Foster Lumber Co.Supreme Court of Oklahoma · 1911