In re Pooling Freights

Citations

• 115 F. 588
• 1902 U.S. Dist. LEXIS 240

Syllabus

<p>1. Interstate Commerce — Carriers—Indictment.</p> <p>Where a carrier is a corporation, not only the carrier itself, but the officers individually, are subject to indictment for violation of the interstate commerce act of February 4, 1887.</p> <p>2. Same — Pooling.</p> <p>Under Act Cong. Feb. 4, 1887, § 5, forbidding the pooling of freights or the division of earnings by competing railroads, either a distribution of property offered for transportation among different and competing railroads in proportions and on percentages previously agreed upon, or a money pool, whereby the aggregate or net proceeds of certain different and competing railroads are divided among them, is prohibited.</p> <p>8. Same.</p> <p>Any arrangement, oral or otherwise, or combination, which has for its purpose and eventuates in the pooling of freights of different and competing railroads, is within the prohibition of the interstate commerce act.</p> <p>4. Same — Immunity to Witness.</p> <p>Act Cong. Feb. 11, 1893, granting immunity to any witness for any offense concerning which he has given testimony before the interstate commerce commission is confined to the witness personally, and cannot be extended to include a corporation which he represents.</p>