The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-05-21
Objections to House Bill No. 40.

employee of any railroad company IN Thu State,
who violates any of the provisions Of this act. or
of the act to which this is amendment, or any
rule and regulation made and prescribed by said
Commissioners in pursuance thereof shall De
deemed guilty of msdemeanor. and on conVic-
ton thereof, shall b. punished by fine not ex-
ceedng $500, or by imprisonment not exceeding
6 months in the jail of the county in which
such person is convicted, or both"
Two objections are urged against this, to-wi'
u That it is unjust to punish an employee TOR
obeyng the orders of his superiors, and (2) that
the Legislature cannot, under the Constitution,
prescribe punishment for the violation of
rule and regulation made by any board, Com
mission, OF agency created by law.
AS TO the punishment of employees, the Con-
gress Of The United States did no, seem to
have any conscientious scruples, as witness Sec.
10, oflhe Interstate Commerce Commission Act,
to-wt
That any common carrier subject to The
provisions of this act or, whenever such COM
mon carrier ID a corporation, any director, or
officer thereof, any receiver, trustee, agent,
terson acting for or employed by such corpora
ton, W no alone, or with any other corp ration
company, person, or party, shall wiilfuny do or
cause TO be DONE or shall willingly suffer per-
NIT to be done any act, matter, or thing in this
act prohibited or declared to be unlawful or
who shall aid or abet therein, or shall willfully,
omit or fail TO Go auy act, matter or
thing in this act REQ sired 10 be done. or
shall cause or wilfully suff.r or permit any ACT,
matter, or thing so directed required by this
act TO be done, not to be so done, or Shall aid or
abet any such omission or failure, or sh III be
guilty of any infrac ion Of this act, or shall aid
or abet therein, shall be deemed guilty of a mis-
demeanor, and shall, upon conviction thereof in
any district court o. The U0iled States within the
jurisdiction OF which such offence was committed
be subject to fine of not exceeding IS 900 for
each offence;
"I'r0c0S1 l. That if the offence for which any per-
son shall be convicted rs aforesaid shall be an
unlawful discrimination in rates, fares or
charges, Tor the transportation OF passengers or
property, such person shall, in addition to the
nne hereinbefore provided, be liable to imprison
ment in the peitentiary for a term OF not exc-ei
ing two years, or bosh such fne and tmDrison.
n1enf, in the discretion OF the court ANY com
mon carrier subject TO the provisions OF this act
or whenever sich common carrier is a c,rp,ra
tion who, by means OF false billing false CLASH.
ncatlon, false weighing or fi>e report Of WEIGHT.
or by any Other device, or means shsll
knowingly and willully assist, or shah suffer
or permit any person or persons TO OBJ
tain transportation for property at less than HE
regular rates then esiabli,hel or inforca on the
line OF trAaspor ration of ,acn common carrier
"a he ale
snail, upon conviction thereof in any court OF
the Cniied States Of competent Jurisdiction
within the district in which such offence WAS
committed, be subject 20 fine OF not eyceea,n,
5000 or Imprisonment in ,he penirentiarv for 4
term OF not exceeding two years, or bots in the
discretion OF the court, for each offen.e' The
amendments to section 10 are embraced in his
paragraph.
The Railway Review ot NJ lrch 8, 1889, which
is published weekly in Chicago, Illinois, IN COM
menting on this law, says:
" Just Congress closed. it passed n hin
amending he Interstate Commerce law. and one
ofex President Cevelands last official acts, was
the signing OF it, The enactment Of this bill aous a
surprse, fr ahGd been expected TINT Ill the amend
rnent' proposed during the session Ind been ouietly
laid uwdy to sleep. The surprise WAS greatly
llghtened by the nature of Section of The bill
which amended Section 10 Of the law.
IA d pretty ,ceN kno,oa that tie hlw is benin cio.
lated. 1t maybe rea10y uadsrstooi int this new
IA" las created not a little coasternation Bat the
ADDITION to the law is to be warmly Welcomed
1hereca" be no god dsrIDed from 4 tIu unless it 10
entorced and i the fines originuVy provided for
do not hare the effect 0f 7,renent;no r;o,,:on a,
disregard cf its pr0risioS then let something more
serious be ndted in the oay Of securing enfvrce.
mont. Ii The penalty OF imprisoum ent be
needed " secure obedience to The law that pen
atty should be Incorporated in it. The in
serllon of The provision forbiIding false billing,
false weighing and false Classification. is also
commendable The evils clustering around
these newly forbidden practices ure we'll known
10 all; they have long cried for relief, and that
these practices are now male unlawful. ia very
gratifying. That imprisonment is specific.
duy ADDED to fines for rloIating this pror;s;on. is
"eM 1t is severe, and strengthens the pres
ens taw, but. as we have ntim .ted, if we are TO
have the law at ALL We should have it in such
shape that its spirit and purpose shall be fully
carried out" The italics are ours.l
AS TO the second objection TO the amendment
proposed to our law, we have only to refer to the
numerous statutes of this State which contain
similar provisions We have sp zee for only one, to
wit: Chapter 1899 being An act to create and
establish State B lard oi HEALTH" approved Feb
~, 1889 passed at the Extra Session, section Is