William Howard Taft

“ Every person or corporation, whether carrier or shipper, who shall, knowingly, offer, grant, or give, or solicit, accept, or receive any such rebates, concession, or discrimination shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not less than $1,000, nor more than $20,000.'
This makes it unlawful for any one to receive any concession in respect of transportation of any property in interstate commerce by a common carrier whereby any advantage is given or any discrimination is practiced. ”

“ Collusion is not necessary in such a case. Why in this? The act is plainly not confined to joint crimes. The general rule that criminal statutes are to be strictly construed has no application when the general purpose of the Legislature is manifest and is subserved by giving the words used in the statute their ordinary meaning and thus covering the acts charged.
In Dye v. United States (C. C. A.) 262 F. 6, a defendant in an indictment under the Elkins Act was the agent of a carrier and was in charge of the distribution of cars between coal mines during an emergency and car shortage. ”

“ Service Order No. 23 declared that there was an emergency upon the railroad lines east of the Mississippi river, and directed that coal cars should be furnished to the mines according to a certain order of purposes, numbered in classes 1, 2, 3, 4, and 5, and that no coal embraced in classes 1, 2, 3, and 4 should be subject to reconsignment, or diversion except for some purpose in the same or a superior class. ”

“ The demurrer challenged the indictment on various grounds: First, that the facts charged did not constitute a concession given or a discrimination practiced as defined by the Elkins Act; second, that the restrictions imposed by the Interstate Commerce Commission's Service Order No. 23 were beyond the power of the Interstate Commerce Commission, in that they were an exercise of purely legislative power which could not be delegated ”