Howitt v. United States

Background

In the winter of 1943 a wartime transportation shortage in Miami made it very hard to obtain northbound train tickets. Three ticket sellers and a diagram clerk employed by a railroad were charged with conspiring to collect extra and discriminatory charges for passenger transportation. The Government said the employees worked with hotel workers who accepted excess payments and split the money. One employee was also charged with committing the same substantive offenses on his own. The indictment alleged violations of several sections of the Interstate Commerce Act, including bans on unjust charges, favoritism, and charging above published tariff rates. The railroad itself played no part in the scheme, and the defendants offered no testimony to contradict the Government’s evidence.

Reasoning

The central question was whether the Interstate Commerce Act reaches individual railroad employees who exact extra payments even when the carrier does not participate. The Court explained that the Act repeatedly condemns discriminatory practices and that §10 explicitly covers officers, agents, and persons acting for a carrier. The Court said ticket sellers and clerks owe the same duty to treat the public uniformly as other carrier employees. Because the defendants presented no evidence to challenge the proofs, and because the Act’s language and purpose reach employees acting alone, the Court affirmed the convictions.

Real world impact

The decision makes clear that individual railroad workers who demand secret extra fares can be criminally prosecuted even if their employer did not approve. It protects travelers from discriminatory or surreptitious surcharges, especially during shortages. The convictions were affirmed on the existing record, and Justice Jackson did not take part in the decision.