Mahlon Pitney

“ But as it applies only to interstate transportation, the consignee is normally a resident of a different state, and therefore of a different district, from that where the goods are billed by the shipper and the delivery for transportation takes place. To say, therefore, that the act contemplates an indictment only in the district where the goods are billed by the shipper is in effect to say that in most cases the consignee either may not be indicted at all, or else must be indicted in a district of which he is not a resident, and which in many instances he may never have visited. ”

“ In a case where for any reason the payment of the freight is not made prior to the delivery of the goods to the consignee, but remains to be afterwards adjusted, the effort to obtain an advantage not permitted by the schedules may still be exerted through fraudulent representations influencing the adjustment of the freight, with precisely the same effect as if the representations had preceded delivery of the goods. When this is accomplished, there is a fraudulent obtaining of transportation at less than the established rate, within the meaning of the prohibition. ”

“ It is not designed especially to protect the property rights of the carrier, for the offense is made equally punishable whether committed with or without the consent or connivance of the carrier. It originated in the 1889 amendment to the act to regulate commerce (chap. 382, 25 Stat. at L. 855, 858, 1 Rev. Stat. Supp. 684, 687, Comp. Stat. 1913, §§ 8569, 8576) , and is but one of many provisions enacted by Congress with the object of preventing discriminations and favoritism as between shippers by requiring the publication of tariffs and prohibiting any departure from them. ”