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violation of the federal internal-revenue law. “ The state statute provides for the punishment of the crime of extortion, committed as therein described, and when the federal statute creates the crime the threat to accuse a person of the commission of such crime becomes itself a crime under the state statute, and the federal statute which provides for extortion does not take away or impair the jurisdiction of the courts of the several states under their laws to proceed and punish as is therein provided for.” Sexton 1. California, (1903) 189 U. S. 324.

Indictments, etc. - An information is sufficient which simply charges that the money was paid as a consideration for not informing against a certain person as a violator of the internal-revenue law, and need not specify the particular provision of the law claimed to have been violated. U. S. r. Fero, (1883) 18 Fed. Rep. 901.

An averment which alleges acts of a party so combined as to constitute a single trans

action, though referable to the distinct offenses designated in the statute, is not objectionable for duplicity. U. S. v. Fero, (1883) 18 Fed. Rep. 901.

Charging unlawful intent would more nearly meet the requirements of criminal pleading, but the statement of the offense, that the defendant did wrongfully accept and receive a sum of money from a certain person under a threat of informing, and as a consideration for not informing, against him

a violator of the internal-revenue law, makes the intent sufficiently apparent. U. S. 1. Fero, (1883) 18 Fed. Rep. 901.

The time when the alleged offense was committed need not be stated. U. S. V. Fero, (1883) 18 Fed. Rep. 901.

If the threat was in writing it would probably be necessary to set out the writing in hac verba, but if it was verbal it would not be essential that the prosecutor allege the words spoken which constituted the threat. U. S. v. Fero, (1883) 18 Fed. Rep. 901.

as

An act to limit the time within which prosecutions may be instituted against persons charged

with violating internal revenue laws.

[Act of July 5, 1884, ch. 225, 23 Stat. L. 122.]

[SEC. 1.] [Limitation of prosecutions for offenses against internal revenue lars.] That no person shall be prosecuted, tried or punished for any of the various offenses arising under the internal revenue laws of the United States unless the indictment is found or the information instituted within three years next after the commission of the offense, in all cases where the penalty prescribed may be imprisonment in the penitentiary, and within two years in all other cases: Provided, That the time during which the person committing the offense is absent from the district wherein the same is committed shall not be taken as any part of the time limited by law for the commencement of such proceedings; Prorided further that the provisions of this act shall not apply to offenses committed prior to its passage: And provided further that where a complaint shall be instituted before a Commissioner of the United States within the period above limited, the time shall be extended until the discharge of the Grand Jury at its next session within the district: And provided further that this act shall not apply to offenses committed by officers of the United States. [ 23 Stat. L. 122.] Under the proviso, that where a complaint

531. This case was one for the recovery of shall be instituted before a commissioner fees for making final records in criminal cases, within the statutory period, the time shall and was reversed in the Supreme Court, 147 be extended until the discharge of the grand U. S. 695, on the ground that if the record jury at its next session within the district, was designed only for the purpose of preserv. the date of the indictment might not deter ing a record of the conviction, little more is mine whether the prosecution was instituted necessary than to set forth the process and within the time limited by law, and the papers return thereto, the pleadings, journal entries, used on such a preliminary examination, filed verdict, and judgment. See Mackin 1. U. S., in the case, will often contain the sole evi (1886) 117 U, S. 354; U. S. v. Norton, (1875) dence upon which this question can be re 91 U. S. 566. solved. Taylor v. U. S., (1891) 45 Fed. Rep.

Sec. 2. [Repeal.] That all laws and parts of laws in conflict with this act be, and are hereby repealed. [23 Stat. L. 122.]

*

[Commissioner of Internal Revenue to report expenditures for punishing violations of laws.] Punishment for violations of internal-revenue laws: For detecting and bringing to trial and punishment persons guilty of violating the internal-revenue laws, or conniving at the same, including payments for inforination and detection of such violations,

dollars; and the Commissioner of Internal Revenue shall make a detailed statement to Congress once in each year as to how he has expended this sum, and also a detailed statement of all miscellaneous expenditures in the Bureau of Internal Revenue for which appropriation is made in this act.

[32 Stat. L. 447.] This is from the Sundry Civil Appropria seem to indicate a permanent character. The tion Act of June 28, 1902, ch. 1301. A concluding part of the paragraph relates apsimilar provision requiring a report of ex parently only to the miscellaneous expendipenditures for violations of the internal tures for the particular year for which revenue laws has appeared for many years. appropriation is made by this act. Compilers'

The use of the words once in each year," note, 2 Supp. R. 8. 121. in the second part of the paragraph, would

SEC. 19. [Warrants of arrest.]

Warrants of arrest for violations of internal-revenue laws may be issued by United States commissioners upon the sworn complaint of a United States district attorney, assistant United States district attorney, collector or deputy collector of internal revenue, or revenue agent or private citizen, but no such warrant of arrest shall be issued upon the sworn complaint of a private citizen unless first approved in writing by a United States district attorney.

[29 Stat. L. 184.] This sec. 19 is from the Legislative, Ex 2, 1901, ch. 814, 31 Stat. L. 956, but the ecutive, and Judicial Appropriation Act of

above provisions

repeated without May 28, 1896, ch. 252, being part of sec. 19. change. This section was amended by Act of March

807

Volume III.

were

INTERSTATE COMMERCE.

Act of Feb. 4, 1887, ch. 104, 809.
Sec. 1. Common Carriers in Interstate Traffic Railroad and Transportation

Defined Charges to Be Reasonable and Fust, 809.
2. Special Rates, Rebates, etc., Prohibited, 813.
3. Ūndue Preferences Prohibited Equal Facilities Except in Terminals, to

Connecting Lines, 816. 4. Long and Short Haul Charges Exceptions Authorized, 823. 5. Pooling Agreements Prohibited, 827. 6. Printed Schedules of Rates to Be Posted Notice of Advance and Reduc

tion Foint Rate Tariffs Effect of Failure to Publish or File

Schedules, 827 7. Combinations to Prevent Continuous Carriage of Freight to Destination

Prohibited, 832. 8. Liability to Persons Injured by Violation of Act, 833. 9. Persons Damaged May Complain to Commission, or Sue Personally

833. 10. Punishment for Vivlation or Evasion of the Act, 835. 11. Interstate Commerce Commission Created Eligibility and Appointment

Term of Service, etc., 837 12. Scope of Commission - Prosecution of Proceedings Witnesses Deposi

tions -- Self-criminating Testimony, 838. 13. Petitions as to Violations of Law Notice to Carrier of Charges Inves

tigations, 842. 14. Written Reports of Investigations Reports and Decisions May Be

Printed and Distributed, 843. 15. Notice to Carrier of Violation Record of Compliance with Report,

843 16. Proceedings on Refusal of Obedience to Commission - Remedies - Fury

Trials -- Appeals Costs, 844. 17. Proceedings of Commission Rules Quorum Appearances Records

Seal

- Oaths and Subpænas, 849. 18. Salaries of Commissioners, Secretary, and Employees Offices Witness

Fees - Expenses, 849. 19. Office and Sessions, 850. 20. Annual Reports from Carriers to Commission Contents Uniform

System of Accounts, 850.
21. (Annual Reports to Congress, see ESTIMATES, APPROPRIATIONS, AND RE-

PORTS, vol. 2, p. 934), 850.
22. Free Carriage or Reduced Řates, When Allowed, 851.
23. (Makes Appropriation - Temporary), 852.

24. When Law Takes Effect - Appointment of Commissioners, 852. Act of March 2, 1889, ch. 382, 852. Secs. 1-9. (Amend Sections 6, 10, 12, 14, 16, 17, 18, 21, 22), 852. 10. Mandamus to Compel Equal Facilities to Shippers - Questions of Fact,

852. Act of Aug. 8, 1890, ch. 728, 853.

Intoxicating Liquors shipped in Original Packages Subject to State Laws,

853 Act of Feb. 11, 1893, ch. 83, 855.

Self-incriminating Disclosures by Witnesses in Proceedings - Refusal to

Testify, 855
Act of March 2, 1889, ch. 411, 856.
Auditing of Commission's Expenses, 856.

CROSS-REFERENCES. Annual Report of Commission to Congress, see ESTIMATES, APPROPRIA

TIÓNS, AND REPORTS, vol. 2, p. 934. Contracts in Relation to Telegraph Lines, ste RAILROADS; TELEGRAPH,

TELEPHONE, CABLE, AND ELECTRIC LINES. Reports of Railroad Accidents, see RAILROADS. Duties of Subsidized Roads and of Commission in Respect Thereto, see RAIL

ROADS. Preparation, Printing, and Disposal of Reports, Bulletins, etc., of Commission, see

PUBLIC DOCUMENTS. Settlement of Accounts, see TREASURY DEPARTMENT. Adjustment of Differences Between Carriers and Their Employees, see LABOR. Carriers of Passengers by Sea, sce CARRIERS, vol. 1, p. 718. Guano Trade, see GUANO ISLANDS, ante, p. 159. Railroad Connections, see RAILROADS. Restraints on Interstate Commerce, see TRADE UNIONS, COMBINATIONS,

AND TRUSTS. Safety Appliances on Railroads, see RAILROADS. Transportation of Animals and Animal Products and Regulations for Inspection, etc.,

. p. Transportation of Explosives, see CARRIERS, vol. 1, p. 718. Transportation of Game Animals and Birds Killed in Violation of Local Laws, see

. 151. Transportation of Lottery Matter, see IMPORTS AND EXPORTS, ante, p. 316;

LOTTERIES; POSTAL SERVICE. Transportation of Obscene Literature, etc., see IMPORTS AND EXPORTS,

ante, p. 316; OBSCENITY; POSTAL SERVICE. Trafic in Opium, see FOOD AND DRUGS, ante, p. 117. Transportation and Sale of Virus, Serums, Toxins, etc., see HEALTH AND

QUARAN TINE, ante, p. 213. Transportation and Sale of Dairy Products, Tea, Drugs, etc., see FOOD AND

, p117 See also RIVERS, HARBORS, AND CANALS; SHIPPING AND NAVI.

GATION.

An act to regulate commerce.

[Act of Feb. 4, 1887, ch. 104, 24 Stat. L. 379.] [SEC. 1.] [Common carriers in interstate traffic - railroad and transportation defined charges to be reasonable and just.] That the provisions of this act shall apply to any common carrier or carriers engaged in the transportation of passengers or property wholly by railroad, or partly by railroad and partly by water when both are used, under a common control, management, or arrangement, for a continuous carriage or shipment, from one State or Territory of the United States, or the District of Columbia, to any other State or Territory of the United States, or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States, and also to the transportation in like manner of property shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions of this act shall not apply to the transportation of passengers or property, or to the receiving, delivering, storage, or handling of property, wholly within one State, and not shipped to or from a foreign country from or to any State or Territory as aforesaid.

v.

The term “ railroad” as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease; and the term “transportation shall include all instrumentalities of shipment or carriage.

All charges made for any service rendered or to be rendered in the transportation of passengers or property as aforesaid, or in connection therewith, or for the receiving, delivering, storage, or handling of such property, shall be reasonable and just; and every unjust and unreasonable charge for such service is prohibited and declared to be unlawful. [2) Stat. L. 379.]

“The principal objects of the Interstate So far as the Act adopts the provisions of Commerce Act were to secure just and reason the prior English railway acts, the construcable charges for transportation; to prohibit tion given to such acts by the English courts unjust discriminations in the rendition of like must be adopted as incorporated into the Act. services under similar circumstances and con Interstate Commerce Commission V. Baltiditions; to prevent undue or unreasonable more, etc., R. Co., (1892) 145 U. S. 263, affirmpreferences to persons, corporations, or lo ing (1890) 43 Fed. Rep. 37; McDonald v. calities; to inhibit greater compensation for Hovey, (1883) 110 U. S. 619; Interstate Coma shorter than for a longer distance over the merce Commission v. Alabama Midland R. same line; and to abolish combinations for Co., (1897) 168 U. S. 144; Texas, etc., R. Co. the pooling of freights.” Interstate Com v. Interstate Commerce Commission, (1896) merce Commission v. Baltimore, etc., R. Co., 162 U. S. 197; Detroit, etc., R. Co. v. Inter(1892) 145 U. S. 2634 Texas, etc., R. Co. v. state Commerce Commission, (C. C. A. 1896) Interstate Commerce Commission, (1896) 162 74 Fed. Rep. 803; Gulf, etc., R. Co. v. Miami U. S. 197; Interstate Commerce Commission Steamship Co., (C. C. A. 1898) 86 Fed. Rep. 1°. Cincinnati, etc., R. Co., (1897) 167 U. S. 407; Interstate Commerce Commission 510; U. S. v. Missouri Pac. R. Co., (1894) 65 Louisville, etc., R. Co., (1896) 73 Fed. Rep. Fed. Rep. 905; U. S. v. Hanley, (1896) 71

409. Fed. Rep. 673; Kinnavey v. Terminal R. But regard must be had to the dissimi. Assoc., (1897) 81 Fed. Rep. 803.

larity of legislation and methods of trade The Act has no relation to and was not and transportation prevailing in England. intended to reinforce the provisions of the Detroit, etc., R. Co. v. Interstate Commerce tariff laws. Texas, etc., R. Co. v. Interstate Commission, (C. C. A. 1896) 74 Fed. Rep. 832; Commerce Commission, (1896) 162 U. S. 221. Lindquist v. Grand Trunk Western R. Co.,

The causes and reasons which le to the (1901) 121 Fed. Rep. 918. enactment of the Act are discussed at length Construction against carrier. — The Act in Texas, etc., R. Co. v. Interstate Commerce was not primarily intended for the benefit of Commission, (1896) 162 U. S. 197.

the carrier. Kentucky, etc., Bridge Co. v. Constitutionality. — The Act is a constitu Louisville, etc., R. Co., (1889) 37 Fed. Rep. tional exercise by Congress of its power to

567. regulate interstate and foreign commerce. In cases of doubt, where relief is sought Interstate Commerce Commission v. Brim in the interest of the carrier, the construcson, (1894) 154 U. S. 448; Bullard v. Northern tion will be against the carrier. Little Rock, Pac. R. Co., (1890) 10 Mont. 168, 45 Am. & etc., R. Co. v. St. Louis Southwestern R. Co., Eng. R. Cas. 234.

(C. C. A. 1894) 63 Fed. Rep. 775; Kentucky, Construction of Act. ---- The Act will be con etc., Bridge Co. v. Louisville, etc., R. Co., strued, if possible, so as to facilitate and (1889) 37 Fed. Rep. 567. promote commerce, and not to hamper or de But the Act will not be construed so as to stroy it. Texas, etc., R. Co. v. Interstate abridge the common-law rights of carriers Commerce Commission, (1896) 162 U. S. 197. further than its terms and purposes require.

The Act applies only to matters involved Interstate Commerce Commission v. Louisin the regulation of commerce. Interstate ville, etc., R. Co., (1896) 73 Fed. Rep. 409, Commerce Commission v. Brimson, (1894) 154 citing Interstate Commerce Commission v. U. S. 448.

Baltimore, etc., R. Co., (1890) 43 Fed. Rep. 51. The Act should be broadly construed. In See also Chicago, etc., R. Co. v. Osborne, (C. terstate Commerce Commission v. East Ten C. A. 1892) 52 Fed. Rep. 914. nessee, etc., R. Co., (1898) 85 Fed. Rep. 107. Construction as a whole. “ The intent of

The interests of the seller, the consumer, Congress is to be gathered from a consideraand the carrier must all be considered in con tion of the entire Act, and not solely from struing the Act. Interstate Commerce Com detached portions thereof, and the familiar mission 1. Louisville, etc., R. Co., (1896) 73 rule of construction is to be followed, to wit, Fed. Rep. 409; Texas, etc.; R. Co. v. Inter that, in determining the meaning of the words state Commerce Commission, (1896) 162 U. S. employed, the general purpose of the Act and 197; Interstate Commerce Commission v. the evils sought to be remedied must be al Alabama Midland R. Co., (1897) 168 U. S. ways kept in mind, and, furthermore, parts 165; Reagan 1. Farmers' L. & T. Co., (1894) of the Act are not to be so construed as to 154 U. S. 412.

defeat other important features of the same; Construction of English traffic acts adopted. nor is such a construction to be given to the

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