Page:United States Reports, Volume 209.djvu/95

 209 U. 8. Ophon of the Court. space upon an ocean steamer in'advance is an important thing, so that the packing company can be certain that it shipment can go on the boats sailing at specified time. The packing .company has houses in different parts of the United States, so that it cannot always at the time of the contract for space know from what particular point and over what road the shipments will go. Before August 6, 1905, shipments were made according to the terms of th contract aforesaid, which were carried under the terms thereof. The Armour Company contended and insisted that the amendment increasing the tariff rate did not and could not abrogate or impair the term of its con- tract. These prosecutions were under the Elkins Act (32 Stat. 847), and the first question argued concerns the construction of that act, as to what. constitutes a crime on the part of the shippers so far as obtaining a shipment by some manner of device is concerned, it being the contention of the petitioners that in order to work conviction the shipper must be guilty of some bad faith or fraudulent conduct in the use of the device or obtain. the rebate by some intentionally dishonest or under- handed method, concession or discrimination denounced by the act. The history of the act in this feature may be of serv- ice in interpreting the meaning of Congress. The act of Feb- ruary 4, 1887, made no provision for criminal offenses against the shippers, but it was provided (� oh. 104, 24 Star. 379) that ff the common .carrier should directly or indirectly, by any special rate; rebate, or other device, demand, collect or receive, through any person or persons, a greater or less com- pensation for any service rendered or to be rendered in the transportation of property subject to the provisions of the act, than it charges, demands, collects or receives, etc., from any other person or persons for doing for him or them a like service in the transPOrtation of a like kind of traffic under subetantially the same circumstances, such common carrier shall be' deemed guilty of unjust discrimination, which by the

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