United States v. Erie R. Co., 235 U.S. 513 (1915)

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United States v. Erie Railroad Company


No. 552


Argued December 14, 1914
Decided January 5, 1915
235 U.S. 513

ERROR TO THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Quaere whether § 184, Penal Code, prohibiting the carriage of letters or packets otherwise than in the mail by carriers on post routes except under certain specified conditions, is penal or remedial, or whether it is to have a liberal or strict construction.

Letters of officers of the carrier, a railroad company, to officers of the telegraph company with which it has a contract and in whose business it participates, relating to immediate and day by day action, is current, as distinguished from exceptional, business, and falls within the permitted exceptions of § 184, Penal Code.

The facts, which involve the construction of § 184 of the Penal Code of the United States, prohibiting, except under specified conditions, the carriage of letters and packets otherwise than in the mails, are stated in the opinion.