Page:United States Reports, Volume 209.djvu/101

 ARMOUR PACKING CO. . UNITED STATES.  U. 8. Opinlon o/t Court. is had. That is the offense of which the accused is charged in this. case, and such is the district in which it was tried. It is contended that the contrary was held in the csse of Dv/z v. Un/ted tates, 104 Fed. Rep. 136, decided in the Cir- cuit Court of Appeals for the Sixth Circuit. In that case the of the act of 1889, wherein the statute provided punishment for the offense in a dugle district, and it was there held that the crime was complete in the district in which the false bill- ing was made and the goods delivered to the carrier for trans- portafion, and that its actual carriage was not an essential element of the offense; and that a prosecution in Texas for goods falsely billed and delivered to the carrier in Ohio could not be maintained. Under the amended act, transportation, with a rebate, or at a concession from the established rate is made an offense as to the shipper as well as the carrier, thereby differentiating the Elkins Act from � of the act of 1889 as construed in the Davis co. In the Dav/s coe it was specifically'said: "Such transportation. may be through a number of dis- tricts, but Congress has given jurisdiction for punishment of the crime in the district in which the offense is committed. It must have been in the contemplation of Congress that the fraudulent rpresentations may be made in one place, and the transportation, in the. sense of actual 'carriage, obtained as a result thereof, may be to a State or district remote from the place of delivery, and through a number of districts of the United States. If it was contemplated that the crime could only be committed when the carriage contracted for was con- eluded, quite a different provision would have been inserted than the one requiring punishment in the district where com- mitted. Congress, in passing this act, and providing for the place of trial and punishment in a single'district, evidently contemplated the consmmation of the offense at the place where the goods are billed by the shipper and the delivery for transportation takes place."

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