Legal Opinion

Atchison, T. & S. F. Ry. Co. v. United States

Court of Appeals for the Ninth Circuit

Decided May 5, 1909No. 1,590PublishedCited by 2 opinions

In Error to the District Court of the United States for the Southern Division of the Southern District of California.

1Opinion of the Court

ROSS, Circuit Judge.

The indictment in this case was based upon the act of Congress known as the Elkins act, approved February 19, 1903, entitled “An act to further regulate commerce with foreign nations and among the states.” Act Feb. 19, 1903, c. 708, 32 Stat. 847 (U. S. Comp. St. Supp. 1907, p. 880).

We are in entire accord with the learned judge of the court below in his holding that this act, as well as all other acts upon the same subject, should be so construed and enforced by the courts as to promote their policies and extirpate the evils against which they are directed. Yet in respect…

2Cases cited2 opinions

  1. New York Central & Hudson River Railroad v. United StatesSupreme Court of the United States · 1909
  2. Camden Iron Works v. United StatesCourt of Appeals for the Third Circuit · 1908

3Cited by2 opinions

  1. United States v. Merchants' & Miners' Transp. Co.U.S. Circuit Court for the Southern District of Georgia · 1911
  2. Knapp v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916

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