United States v. New York Central & Hudson River R. Co., 212 U.S. 509 (1909)

Please note: this case begins in mid-page. It therefore shares a citation with the last page of the previous case. If you are attempting to follow a link to the last page of 212 U.S. 500, click here.

United States v. New York Central and

Hudson River Railroad Company
No. 285

Argued December 16, 1908
Decided February 23, 1909
212 U.S. 509

ERROR TO THE CIRCUIT COURT OF THE UNITED STATES

FOR THE SOUTHERN DISTRICT OF NEW YORK

Syllabus

Under the Elkins Law of February 19, 1903, c. 708, 32 Stat. 847, a carrier can be prosecuted for the offense of rebating where it is a party to a joint rate although it has not filed or published the same.

While criminal statute are not to be enlarged by construction, and a crime must be clearly defined in its terms, they are to be reasonably construed with a view to effecting the purpose of their enactment.

The facts are stated in the opinion.