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Howitt v. United States, 328 U.S. 189 (1946)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Howitt v. United States, 328 U.S. 189 (1946)
Howitt v. United States No. 354 Argued January 4, 1946 Decided May 6, 1946 328 U.S. 189
CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE FIFTH CIRCUIT
Syllabus
1. Ticket sellers and other employees of a railroad who use the power of their positions to discriminate among passengers by exacting sums in excess of established rates, appropriating the excess for themselves, are punishable under § 10(1) of the Interstate Commerce Act even though the railroad is not a party to their conduct. Pp. 190-193.
2. One of the primary purposes of the Interstate Commerce Act is to establish uniform treatment of users of transportation facilities. P. 192.
3. Section 10 shows the clearest possible purpose to bar railroad employees from overcharging for their own or for the railroad’s illegitimate gain. P. 193.
4. The Act imposes the same duty on ticket sellers and clerks of common carriers as that imposed on railroad officers or other employees, to treat all the public alike as to terms and conditions of transportation. P. 193.
150 F.2d 82, affirmed.
Petitioners were indicted for violations of the Interstate Commerce Act, and demurred to the indictments. The District Court overruled the demurrers, 55 F.Supp. 372, and they were convicted. The Circuit Court of Appeals affirmed. 150 F.2d 82. This Court granted certiorari. 326 U.S. 706. Affirmed, p. 193.
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Chicago:
U.S. Supreme Court, "Syllabus," Howitt v. United States, 328 U.S. 189 (1946) in 328 U.S. 189 328 U.S. 190. Original Sources, accessed August 30, 2025, http://www.originalsources.com/Document.aspx?DocID=HSTF3JMRCT1JJ6D.
MLA:
U.S. Supreme Court. "Syllabus." Howitt v. United States, 328 U.S. 189 (1946), in 328 U.S. 189, page 328 U.S. 190. Original Sources. 30 Aug. 2025. http://www.originalsources.com/Document.aspx?DocID=HSTF3JMRCT1JJ6D.
Harvard:
U.S. Supreme Court, 'Syllabus' in Howitt v. United States, 328 U.S. 189 (1946). cited in 1946, 328 U.S. 189, pp.328 U.S. 190. Original Sources, retrieved 30 August 2025, from http://www.originalsources.com/Document.aspx?DocID=HSTF3JMRCT1JJ6D.
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