Indeed, one senator inquired whether Congress could make it a federal offense to commit larceny against the property of the United States Steel Corporation; another responded that, unless the property was in the process of being transported from one state to another, Congress was without constitutional power to enact such legislation.  Id.


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Although Senator Chilton, the sponsor of the bill, explained that Congress clearly had the power to regulate commerce between the states as well as to regulate common carriers engaged in transporting goods interstate, Id. at 14038, the statutory language demonstrates that Congress chose not to impose liability on anyone who embezzles from a carrier engaged in some form of interstate commerce.  Instead, the statute is limited in application to high corporate officials who have greatercommerce had ceased to move interstate and was simply being transported within a single state.  The statute, however, requires that, before an employee's action may constitute a federal offense, the employee must be "riding on a vehicle of the carrier, that the vehicle be moving in interstate commerce, or that the vehicle be transporting property in interstate commerce At the time appellant had funds arising out of such transportation and Converted such funds to his own use." Id. at 619 (emphasis added).  Since the employee in Shaver simply had transported goods in and about San Francisco, and had embezzled funds from the company arising from such transportation, the Ninth Circuit dismissed the indictment on the ground that, while the goods had originated in another state, the