United States v. Michigan Portland Cement Co.
270 U.S. 521 (1926)

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U.S. Supreme Court

United States v. Michigan Portland Cement Co., 270 U.S. 521 (1926)

United States v. Michigan Portland Cement Company

No. 217

Argued March 16, 17, 1926

Decided April 12, 1926

270 U.S. 521

Syllabus

1. A shipper may be guilty of the offense of obtaining an unlawful concession, in violation of § 1 of the Elkins Act, without guilty knowledge or collusion on the part of the carrier. United States v. P. Koenig Coal Co., ante p. 270 U. S. 512. P. 270 U. S. 523.

2. A preference consisting of an assignment and transportation of coal cars contrary to a priority order of the Interstate Commerce Commission violates § 1 of the Elkins Act, no publication of such an order in the carrier's tariff being necessary. P. 270 U. S. 524.

3. The Transportation Act, § 402, par. 15, authorized the Commission to fix priorities with reference to transportation as well as the furnishing of cars. P. 270 U. S. 525.

4. An order of the Commission affecting the furnishing, loading, and consignment of cars, construed and held applicable to transportation as well as car service. Id.

Reversed.

Error to a judgment of the district court sustaining a demurrer to an indictment alleging that the shipper obtained priority in transportation of coal in violation of the Elkins Act.

Page 270 U. S. 522

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