The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-03-05
SOME FEATURES RESEMBLE
STANDARD OIL CASE
Outcome Of the Controversy
with Railroads viii Have
Fa-Rsachlng Effect
(By Associated PressJ


How severe a punishment congress
has provided for rail Dads guilty Of
viola ling the socalled Twenty
Eight Hour Law for furnishing the
unlawful confinement OF live stock
IN transpor alton was the bGsis for a
stubborn COZ. est before The supreme
court Of the United Sta es. Coun-
se for the government contend tnat
he unit for fning railroads is the
sepa ale shipment, while tho legal
representa- ives OF the Baltimore and
Ohio Southwestern Railroad com
pany insist that the unit Is the lrain
no mater Of how many separate
shipments II il composed. Some
features Of the case resemble the
$40 100000 Standard OH case.
The on come OF the controversy
will have a farreaching effect
Many separate consignments OF
stock are ca ricd frequently in one
rain. SO the sum of the penalty. inn
posed by the law will vary from
800 TO many Zines $l0N accordins
10 the outcome Of The litigation. The
Baltimore ard Ohio Southwestern
railroad alone appears in this case,
bu practically every common car
rler engaged ia inters ate commerce
IN The United States will feel the ei-
feet Of the decision
This controversy was begun when
] he United States district attorney
s for the Southern district of Ohio,
y,fr onafncf ihD RnifI-
more and Ohio Southwestern Rail
road company, claiming that II had
carried as many shipments of live
stock from shippers In various
points in Illinois to Cincinnati with
out unloading the stock for rest, and
n 5ioa ion OF the twenty-elght hour
law
The railroad admitted the ship
ment and its detention beyond the
statutory ime but it averred guilt Of
only one offense because all the
shipments were carried In one train
expressed willingness 10 pay a fine
for one violation.
The district court consolidated the
cases and assessed a single penalty
The circuit court Of appeals for the
Sixth district reversed that decision
The case then was brought TO the
supreme court by the railroad, Brief,
on both sides Of the controversl
have been filed with lhe court Coun
sci for the railroad is headed by Jud
son Harmon, new governor Of Ohio
Solicitor General Bowers, OF the dc
partment OF justice, has directed III
fight on behalf of the United States
In the brief of the railroad coun
sell It is commended thai the rain d
The factor OF oifenses, because liy'
stock is moved in trains.
III there be = confinement in car
+ beyond twenty-eight hours durin'
F, transit under circumstances whlcl
, constitute a violation of The statute
. II must be the faul of the train,
says The brief Congress has no
, said whether the offcnses shall b.
< per head of stock per shipment, pc
, car load or per rain load II col
gress had in ended there should b
4, a fine Of $500, (lor the maximum per
b atty for one otfensel, for each head 0
r. stock delayed, or for each shipmen
Il he aged or for each ca load d.
). laycd It was easy TO say SO. Beal
ing in mind The rule of strict intei
T. pretation OF penal statutes, the onl
o reasonable cons uctiOn Of The sta
4 ute Is thai HE detention of all stoc
(. on the same train constitutes but on
oilense
Congress did not deem II necc.
: gary 10 be so severe as TO permit
@ fine Of $500 for each shipment in
q rain load containing possibly iii
shipments. when a single line of $5u
would anewec as well.
Several routes lead 10 The concll
4 sion that the separate shipment wa
meant as the basis. the goverumeI
!, contends.
ii "S0ppose cattle are loaded int
y ears by The carrier and kept ther
=, more than twenty-eight hours witt
ont anloading before che cars are pl
into any train, says Solicitor Gel
/. clal Bowcrs in his brief rs N
train lhc unit OF ofcnscl though ihel
hg. been no irAu?'
A. He asked The same question whei
i cattle had been side racked in cal
: and the train proceeded. In b
a. case of cattle not being fed af,C
(. they were unloaded he claimed ii
n. train plainly was not meant to
n The unit
i Indeed. the word train does NJ
h once occur In the aci ~ he SAYS
4 He further contends that his poil
Is is proved by means OF the provision
II. regarding owners consent to a
extension of time from rs 70
hours
"The owners consent affects h
shipment. and only his shipmen
whether IL is IN train with oth'
shipments OF live stock or not; al
. the fesul IS hat The rule OF condu
FOR he carrier varies as 70 differel