New York Central & Hudson River R. Co. v. United States
212 U.S. 500 (1909)

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U.S. Supreme Court

New York Central & Hudson River R. Co. v. United States, 212 U.S. 500 (1909)

New York Central & Hudson River

Railroad Company v. United States (No. 2)

No. 69

Argued December 14, 15, 16, 1908

Decided February 23, 1909

212 U.S. 500


New York Central R. Co. v. United States, ante, p. 212 U. S. 481, followed as to constitutionality of the Elkins Act of February 19, 1903, c. 708, 32 Stat. 847, and as to when offense of giving rebates in violation of the Interstate Commerce act are complete.

The Elkins Act applies to rebates paid after it went into effect although paid in pursuance of an agreement, and on shipments, made prior to that date, the agreement being illegal when made.

An indictment which definitely sets forth the elements of the offense of which it was intended to charge the accused is sufficient, and in this Court only substantial defects in the indictment are available to reverse a judgment of conviction. Connors v. United States,158 U. S. 408.

The facts are stated in the opinion.

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