Howitt v. United States, 328 U.S. 189 (1946)

Howitt v. United States

No. 354

Argued January 4, 1946
Decided May 6, 1946
328 U.S. 189

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

1. Ticket sellers and other employees of a railroad who use the power of their positions to discriminate among passengers by exacting sums in excess of established rates, appropriating the excess for themselves, are punishable under § 10(1) of the Interstate Commerce Act even though the railroad is not a party to their conduct. Pp. 190-193.

2. One of the primary purposes of the Interstate Commerce Act is to establish uniform treatment of users of transportation facilities. P. 192.

3. Section 10 shows the clearest possible purpose to bar railroad employees from overcharging for their own or for the railroad’s illegitimate gain. P. 193.

4. The Act imposes the same duty on ticket sellers and clerks of common carriers as that imposed on railroad officers or other employees, to treat all the public alike as to terms and conditions of transportation. P. 193.

150 F.2d 82, affirmed.

Petitioners were indicted for violations of the Interstate Commerce Act, and demurred to the indictments. The District Court overruled the demurrers, 55 F.Supp. 372, and they were convicted. The Circuit Court of Appeals affirmed. 150 F.2d 82. This Court granted certiorari. 326 U.S. 706. Affirmed, p. 193.