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UNITED STATES V. ADAMS EXPRESS CO., 229 U. S. 381 (1913)

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U.S. Supreme Court

United States v. Adams Express Co., 229 U.S. 381 (1913)

United States v. Adams Express Company

No. 652

Argued April 7, 1913

Decided June 9, 1913

229 U.S. 381

Syllabus

The decision of the court below, granting a motion to quash the service on the ground that the statute on which the indictment is based does not include the defendant, is equivalent to a decision sustaining a demurrer to the indictment, and is based upon the construction of the statute, and this Court has jurisdiction under the Criminal Appeals Act of March 2, 1907.

Under § 10 of the Act to Regulate Commerce, as amended by the Act of June 29, 1906, c. 3591, 34 Stat. 584, express companies are included in the term common carrier and made amenable to the act. Congress at that time had knowledge of the fact that some of the great express companies were organized as joint stock associations, and the amendment was intended to bring such associations under the act.

A joint stock association is amenable to the provisions of the Act to Regulate Commerce, and is subject to indictment for violations thereof.

Congress has power to charge the assets of joint stock associations with liability and to personify them so far as to collect fines by proceeding against them in the respective names of the associations.

The facts, which involve the question of whether a joint stock association is amenable to the anti-discrimination provisions of the Act to Regulate Commerce are stated in the opinion. chanroblesvirtualawlibrary

Page 229 U. S. 387





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