The Vinita daily chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1902-1913, 1910-03-07
Ry Associated Press.

By Associated Press.
Washington, Mar. 9.-How severe
punishment congress has provided for
railroads guilty of violating the So
called "Twenty-Eight Hour Law" for
Furnishing the unlawful confinement Of
live stock in transportation was the
basis for a stubborn contest today be-
fore the supreme court Of the United
States Counsel for the government
contends that the unit for fining rail
roads is the separate shipment, while
the legal representatives of the Balti-
more and Ohio Southwestern Railroad
company insist that the unit is the
train, ne matter of how many separate
shipments it is composed. Some
features of the case resemble the $29,-
900, 900 Standard Oil case.
The coutcome of the controversy
will have a far-reaehing effect. Many
separate consignments of stock are
carried frequently in one train. so the
sum of the penalty, imposed by the
law, will vary from 500 to many times
$780, according to the outcome of the
litigation. The Baltimore and Ohio
Southwestern railroad alone appears
in this case, but practically every
common carrier engaged in interstate
commerce in the United tSates will
feel the effect of the decision.
This controversy was begun when
the United tSates district attorney for
the Southern district of Ohio, filed
eleven cases against the Baltimore and
Ohio Southwestern Railroad company.
claiming that it had carried as many
shipments of live stock from shippers
in various points in Illinois to Cincin-
natl without unloading the stock for
rest, all in violation of the Twenty
Eight Hour Law.
The railroad admitted the shipment
and its detention beyond the statutory
time but 1t averred guilt of only one
offense because all the shipments We're
carried in one train expressed a Will
ingness to pay a fine for one viola
tion.
The district court consolidated tae
cases and assessed a single penelty
The circuit court of appeals for the
sixth district reversed that decision.
The case then was brought to the
supreme court by the railroad. Briefs
on both sides of the controversy nave
been filed with the court. Counsel
for the railroad is headed by Judson
Harmon, now governor of Ohio. So
licitor General Bowers, of the depart
ment of Justice, has directed the fight
on behalf of the United States.
In the brief of the railroad counsel,
it is contended that the train is the
factor of offenses, because live stock
is moved in trains.
IF there be a confinement in cars
beyond twenty eight hours during
transit under circumstances which
constitute violation of the statute,
il must be the fault Of the train" says
the brief Congress has not said
whether the offenses shall be per head
of stock per shipment, per car load,
or per train load. If congress had in
tended there should be a fine of $500
"the maximum penalty for one offensel
for each head of stock delayed, or for
each shipment delayed or for each
car load delayed, it was easy to say
SO. Bearing in mind the rule OF strict
of penal statutes, the
only reasonable construction of the
statute is that the detention of all
stock on the same train constitutes
but one offense.
Congress did not deem it neces-
sary to be so severe as to permit