Byron White

“ The United States counters that the choice of the language used in the predecessor executive provision, rather than that in the predecessor employee provision, was merely a stylistic preference not evidencing any intent to narrow coverage of employee offenders and that a 'firm' may be any business organization, whether individually owned or otherwise. ”

“ The question presented is whether 18 U.S.C. § 660 (1964 ed.) , which prohibits certain embezzlements by employees of 'any firm, association, or corporation engaged in commerce as a common carrier,' [1] applies to the conduct of an employee of an individual doing business as a common carrier. The indictment in this case charged that, while riding on his employer's truck, appellee, 'a truck driver for Tolbert Hawkins, an individual engaged in commerce as a common carrier,' embezzled approximately $200 from funds of his employer accruing from an interstate shipment of bananas. ”

“ Dictionary of Foreign Trade 308 (Henius, 2d ed. 1947) ('the name or title under which one or more persons do business') .↑ The two provisions are identical and read as follows:↑ A random sampling of 1,500 of 11,700 ICC-certificated Class III motor carriers of property (i. e., those with an annual revenue of less than $200,000) showed that at the end of 1964 almost 40% were individually owned and operated. About 1% operated in partnership form, and the remainder operated as corporations. ”