United States v. Harris (177 U.S. 305)

This was a suit brought in November, 1895, in the district court of by the United States against Joseph S. Harris, Edward M. Paxson, and John Lowber Welsh, receivers of the Philadelphia & Reading Railroad Company, to recover a penalty in the sum of $500 for an alleged violation of §§ 4386, 4387, 4388, and 4389 of the Revised Statutes of the United States.

There was a verdict in favor of the United States, but afterwards, on a question reserved at the trial, judgment was entered in favor of the defendants non obstante veredicto. 78 Fed. Rep. 290. Thereupon a writ of error was sued out from the circuit court of appeals for the third circuit, and on March 14, 1898, the judgment of the district court was affirmed. 57 U.S. App. 259, 85 Fed. Rep. 533, 29 C. C. A. 327. The cause was then brought to this court on a writ of certiorari.

Solicitor General Richards for petitioner.

Mr. John G. Lamb for respondents.

Mr. Justice Shiras delivered the opinion of the court: