The Cairo bulletin., 1910-03-05
ARGUMENT ON
28 HOUR LAW \
BRIEFS FILED IN SUPREME
COURT HY u. S. AND THE
b. G. o. RAILROAD.
SHIPMENTS or CATTLE
Must Not BE Kept Over 204 Hours
Without Feed--Railroadc Con-
tend Train is unit--Govern-
ment Says Shipment.

| Htht SdfS SH'pIHcHt-
| Washington, March 4.-How Sc.
were a punishment congress has pro-
ylded for railroads guilty OF violating
{. the so-called "twehty-eieht hour
law furnishing for the rn.awful con.
ifinement OF live stock In tranaporta-
tion, was the basis for. q stubborn
contest today before Tho supreme
leourt OF the United States. Counsel
flor the government contepl that the
unit for fining railroads Is the sen
Iarate shipment, while the legal rep
lresentatives Of the Baltimore and
IOhio Southwestern Railroad Com
lpany insist that the unit Is the train,
mo matter of how many separate
shipments 1t is composed. Some
features OF the case resemble the
s29, 100000 Standard Oil case.
i Far Reaching Effect.
j The outcome of the controversy
will have farreaching effect
Many separate consignments OF stock
Iare carried frequently in one train,
$50 the sum OF the penalty imposed
by the law, win vary from 500 to
many times 500, according to the
/, outcome Of the litigation The Bal
i itimore and Ohio Southwestern Rail-
I road alone appears In this case, but
practically every common carrfer en-
gagged in interstate commerce fiji tile
limited States will feel the ciYct of
!, th decision
II This controversy was begun when
I the United States district attorney
ggfer the aesthetH atstrict of 0hio.
Tiled eleven cases against the Halti.
i more and Ohio Southwestern Rail-
n road Company, claiming that rit had
carried as many shipments ot 1--we
n stock from shippers III various RolHts
Tin Illinois to Cincinnati without nm
4 Ilontling the stock for rest. all In VIC.
! iation Of the twentyeight hour law.
Il Limited Confession.
II The railroad admitted the ship
gInent and its detention beyond the
i Istatutory time, hut 1t avefred guilt
/ Iof only one offanse, because all the
shipments were carried In one train.
| and expressed willingness to pay
a fine for one violation.
. The district court consolidated lie
| leases and assessed a single penalty.
, The circuit court OF appeals for tina
. sixth district reversed that deeisica i.
, The case then was brought to the
supreme court by the railroad.
Briefs on both siteT OF Ire controver-
! lsy have been flea with the court.
tCounsol for the railraod Is headed
: by Iudson Harmon. now governor OF
ohio. Solicitor General Bowers, or
the department OF Justice. has dr.
lrected the fight on behalf OF the Uni
ted States.
in the brief of the railroads conn
Isel 1t Is contended that the train Is
the factor Of offanses. because live
istock is moved In trains.
Fault cf the Train,
"If there be confinement In cars
beyond twenty.eight hours during the
transit under circumstances which
constitute a violation Of the statute.
lit must be the fault Of the train
says the brief. Congress has NOT
sail whether the oifenses shall be-
per head OF stock. per shipment. per
car load, or per train load. III con-
gress had intended that there shoule
be fine OF $500, the maximum pea
lalty for one offense, for each he aa
OF stock delayed, or for each ship
ment delayed or for each car load
delayed. II was easy 10 say 40. Bear
ling In mind the rule Oh strict inter
lpretation OF penal statutes. the
lonly reasonable construction OF the
lstatute Is that the detention of all
Istock on the same train constitutes
Il but one offense.
II The Separate Shipment.
Several routes lead to the coneIu.
Sion that the separate shipment was
lmeant as the basis, the government
lcontends,
Suppose cattle are loaded into
cars by the carrier and kept th.re
more than 2S hours without unloading
before the cars are put into any
ltrain,' says Solicitor General Bowers
in his brief. rs the-Srafn the unit
of offense. though there has been no
Itrain?'
II He asked the same. question where
cattle had been sidetracked In ears
and the train proceeded. Inthe case
'of the cattle not being fed after they
were unloadei, he claimed the train
PLAINLY was not meant to be the
unit
| Indeed. the word train does not
once occur in the act. N be says.