The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-21

name and address Of tho shipper and the nature
Of the contents, so that the same could be read.
lily asccraincd by inspection Of the outside as
required by the act OF congress under discussion.
Docs this charge an indictabc offence within the
meaning Of that law2
NOT WITHIN THE Law.
Passing by the question whether It Is sufh'
cient description OF the offence supposed to be
charged TO aver that the game spoken OF was
killed In violation OF the state law, without
specifying just what were the provisions Of that
law, or in what respect II was violated the i'm
portait thing to observe Is that IN anv event
charged Is that the defendant prepared the pack
ages described for shipment, or with intent to
ship by interstate commerce from Pennsylvania,
where the game was killed. 10 New York, its I'M
tended destination, without having them marked
as required by the statute II Is very clear that
this dors not bring the case within the law. II Is
the shipment or delivery for shipment. which tile
act foibds and punishes; not the intent to do so,
nor the preparation for 1t; or In other words,
IL Is the complete and not tho incoatc act which
it undertakes to control, and we have no right to
carry 1t Il single step further. do not mean that
the game or packages must have been actually put
into the vehicles by which the shipment is 80 bo
delivery TO a common carrier for
that purpose Is made unlawful, as well as the
actual transportation Of it; and interstate com.
mcrce has clearly begun so as to bring the case
within the power Of Congress to regulate when
there has been such delivery. But anything
which stops sort OF this, not only would seem
to be beyond the authority of Congress to direct,
but what is more to our present purpose. docs
not fall within the terms Of the Act by which
thnt body has spoken, which does not assume to
punish the inteiit or the preparation, or In fact
anything else than an actual delivery to the COM
mon carrier for intended interstate transportation
1t Is contcnded, however, that evasons OF the
Act are made punishable equally with direct vic.
lations of it, urd that is undoubtedly the case.
"For each evasion or violation OF this Act" 1t
declares (Secton ~ 'The shipper shall upon con.
yiction pay a fine, etc" 1t may be difficult and
it is not necessary to define Just what in every in.
stance will amount to an evasion, but of this
much We can be sure, and that is that it must
be something contrvcd or done in connection
with shipment actually entered upon, and not
which is in mere contemplation. The statute
itself suggests and seeks to guard against some
which it assumes will be attempted by requiring
in the section Just quoted that call packages con-
tanning such dead animals, birds or parts thereof,
when shipped by interstate commerce. as pro-
vided in section three (Ol of this act, shall
be plainly and clearly marked that the name
and address of the shipper and the nature of the
contents may be readily asecrtained on inspection
Of the outside of such packages"
BE AN EVASION.
A delivery to n common carrier of pack
ages not so marked would be an cvas.
ion NJ the Act md nunishob,c nv IT, INT
tbe more nrenaration ~ tbom without n[rc
10 ,ot ard tho+ !, ,l, .,,,t un ,,,, horo rl,o
com, dcrlare. tb,t tbo dofon,,nt ..lid l,nowuo,v
willilly and unlawfully prepare for shipment by
interstate commerce, and did have in his posses.
sion with intent to ship by interstate commerce,
n,rkoros 9, nrenoroL Gov shinmort ord ;rt,,1c,
70 bo shnnod M, ;n+or.,,tn no,,,,,.rna frn,,, Iho
state If pnnnsvIv,n;, tn thu st,to os Ncu- yor.
were mt th,n .nI thora n,a;n,v md ,l,,,lv
marked ctc - Tho Who'll, s,h;nct NJ comnloint
L. ths coon 10 La tho ,ror,rnt 49,, AL .ho ;nton+
Had ,bo nrcn,rotinn ,ono nm and ,ho ;ntort
which ~ r,,r;to..od hoor o,rr;a ,,t ,,o s,,,,Ia
bnvo undo,htedv had an o,,s;on ar an ,ttemntod
evasion ~ Tho .,t 70 rot a d;roc+ ,,;oiotior nt
n MT tho ,no,t th,t o,, h, I'D ,,,. ~ ,,h,t
/, G, s,,toI =. a. ,nto,,t - a,nIa ,n a. hoa;n.
n;n,s ~ an ,t,om,t as u.o ,n;rh+ s,,. -, Viii,
tbo nronor,t;on ,r,,,,d "a, o,,;,jo,,o ,ut ,r,,,d
not in isst smo~nt 70 n ac,,a1 ev,s;on wbic
is alone prohibited. 1t required some further
step to be taken by which, If carried out, the
purity would evade Or escape the restrictive pro-
Visions or the Act. The packages, as 1t Is express
" declared, were still IN the possession OF the
deiendant' and therefore under his CONTROL ana
out OF due regard for the law and final consid-
Grafton OF his duty in the premises he might
never have let them go; and yet according to the
contention OF the government although the final
step had not been taken, he might be arres-ed
and punished as though it lad.Ths would cut
OH the locus penitentias which is always sup.
posed to be open until the forbidden act has been
actually committed, and tins no consideration OF
the statute or the purpose TO be elected by 1t re-
quires us to DO. Could we even go SO far as to
mold that an attempt to violate the Act might
be considered an evasion OF it, we should still
be met by the fact that here at most there was
nothing but preparation and all intent, and ac-
cording to all the authorities TO constitute an at
tempt there must be something more. lst Whar
tons Grim. Law. Sect. ISL. 1t is to be observed