United States v. Stearns Salt & Lumber Co.

Citations

• 165 F. 735
• 1908 U.S. Dist. LEXIS 180

Syllabus

<p>Carriers (§ 38*) — Shippers—Offenses—Rebates.</p> <p>Defendant was indicted in 20 counts, each charging the unlawful receipt of a rebate on an interstate shipment; of a car load of lumber between certain points. Each count charged that the lawful freight rate was tl cents, and that defendant, knowing such fact, delivered the lumber to the railroad’s receiver for transportation and delivery to the consignee: that the lawful rate of 1,1 cents was charged to and collected from the consignee in the form of a freight rate of 7 cents, plus a fictitious advance charge of 4 cents, and that later at the end of the month such fictitious advance charge was returned to defendant as a rebate, and that defendant thereby accepted and received on the date of the payment of the rebate a concession, rebate, and discrimination of 4 cents per hundred. Held that, it being conceded that while Hiere were 20 shipments there were but 6 rebate payments, in accordance with monthly settlements, defendant was only guilty under such indictment of 6 offenses.</p> <p>[Ed. Note. — For other cases, see Carriers, Dec. Dig. § 38.*]</p>