The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-08-17
COSTS THEM HIGH
New Live Stock Law Expensive
for Railroads.
Four in Topeka Face $40, 600
in Fines.
FAILURE TO UNLOAD.
Permitted to Keep Cattle in
Cars But % Hours.
Fifteen Suits Now Pending in
Federal Court.
FAILURE TO UNLOAD

Fifteen suits are pending against
the Rock Island, Santa Fe, Missouri
Pacific and the. Missouri. Kansas &
Texas railroads for: violation of the
twenty-eight hour law passed by con-
gress in June. 1906. The fifteen suits
which have been filed in the United
States district court in Topeka will
penalize the four railroads S455OO if
the court allows the fun amount of
the fines asked for by the United
States district attorney.
A large number of these suits will
be heard this fall at the October term
of the district court Only one case. of
similar nature has been tried since
the first case was filed under the act
in January; this was against the Rock
Island for two counts and the court
assessed fine Of 5000 against the de-
PENDANT. s-
IT have not heard from any of the
railroads anything which would in
dictate that they will fight the cases.
said Judge West. assistant United
States district attorney, probably,
however, they will fight when the time
comes. The only good defense that 1
have heard put up is that of the Mis-
souri, Pacific in one of the suits filed
in which they attribute violation as
due to a bad Storm
The twenty eight hour law as 1t is
commonly called is an act which pro-
vides that all railroads, express COM
panies, or any other common carrier
other than by water shall not confine
cattle, sheep, swine or other animals
for longer period than twenty
eight consecutive hours without I'M
loading for rest, feed and water. The
only exception provided in this is that
the time may be extended to SO hours
upon the written request or permit of
the owner or agent of the animals
being shipped or In case of storm or
where it can be proven that sufficient
facilities exist in transit for providing
rest. food and water When unloaded
for rest, food and waterthe act of re-
loading cannot be commenced until
the expiration of five hours. The cases
have all been filed at the instruc-
of agriculture which has been very
active in pushing investigation of al
legged violations Special agents of the
department have been detailed to ex-
anime into shipments of stock and
stock raisers have been urged to re-
port all violations that have come to
their observation.
All of the fifteen cases so far filed
have dealt with shipments of cattle
and sheep most of the shipments aris-
destined for Kansas City markets.
Most of the Santa Fe violations which
are claimed arose from shipments
originating in Colorado while the
Rock Island are largely from Okla
homa points.
If the claims set forth in the suits
are to be believed the Rock Island
has been the most f1agrant violator of
the four railroads against which suits
have been instituted Out of a total
of ninety-one counts contained in the
fifteen suits seventy-three are held
against the Rock Island,twelve against
the Santa Fe, five against the Missouri
Pacific and one against the KATY
The minimum fine that can be as
sessed under the law is 500 and
from that up to $500 The instruc-
tions from the attorney general at
washington D. c. to the United States
district attorney are not to compromise
any suit and to hold out for the maxi
mum fine, no suit being filed for less
than the maximum penalty.