Page:United States Reports, Volume 209.djvu/99

 the oense named, because the alleged offelse, f any, was not cormtted in the Western District of Missouri, where the prosecution was had, but the same was complete n City in the State of a; and t s contended in tMs con- nectpn that f the act can be construed to nclude preseeu- tions in other districts it is unconstitutional within the pro- visions of the Sixth Amendment of the Constitution of the United States, which provides that the accused Rha]l have the right to be tried by an impartial jury of the State and district wherein the crime shall have been committed. Art. � and Amendment VI. As to .'the construction of the act, in addition to the section of the act above 'quoted, it is further provided in the Elkins law (32 Star. 847) as to jurisdiction: (Prosecution--Jurisdiction) "Every violation of this section shall be prosecuted in any court of the United State having jurisdiction of crimes within the district in which such viola- tion was committed or through which the transportation may have been conducted; and whenever the offense is begun in one jurisdiction and completed in another it may be dealt with, inquired of, tried, determined, and punished in either jurisdiction in the same nner as if the offense had been actually and wholly committed the.rein." In this case the indictment charges the actual transportation of the property from Kansas City, Kansas, to New Yorl city, the course of transportation being through the Western Dis- trict of Missouri, in which the prosecution was had. We are not now concerned with the construction of the act in making provision for punishing the carrier or shipper for offering, granting or giving, or soliciting, accepting or receiv- ing, rebates, concessions, or discriminations, irrezpective of actual transportation, for it is specifically made an offense to receive any rebate or concession wherd anl such property b anl dewice whatever trnted at a !e rate than that nmed, published and filed by the carrier; and jurisdiction is given to' presecute in any criminal court of the United Statm

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