The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1910-03-07
AFTER RAILROADS
WHO VIOLATE LAWS REGARD.
ING THE CARE IN THE MAKING
SHIPMENTS.

Washington, March How Sc
we're punishment congress has pro-
vided for railroads guilty of violat-
ing the so-called "Twenty-Eight
Hour Law for Furnishing the unlaw-
full confinement of live stock in trans
portation, was the basis for a stub
born contest today before the SUI
preme court of the United States.
Counsel for the government contend
that the unit for filming railroads is
the separate shipment, while the le-
gal representatives of the Baltimore
& Ohio Southwestern Railroad COM
pany insist that the unit is the train,
no matter of how many separate ship
ments it is composed. Some features
of the case resemble the $4,000, 900
Standard Oil case.
The outcome of the controversy
will have a far-reaching 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 500, according to, the outcome
of the litigation The Baltimore &
Ohio Southwestern railroad alone ap-
pears In this case, but practically
every common carrier engaged in in
terstate commerce in the United
States will feel the effects of the de-
cision.
This controversy was begun when
the United States district attorney
for the southern district of Ohio,
filed eleven cases against the Balti-
more G. Ohio Southwestern Railroad
company, claiming that it had car
ried as many shipments of live stock
from shippers in various points in
Illinois to Cincinnati without unload
ing the stock for rest, all in violation
of the twenty-eight hour law.
The railroad admitted the ship
ment and its detention beyond the
statutory time but it averred guilty
of only one offense because all the
shipments were carried in one train
expressed Willingness to pay a fine
for one violation.
The district court consolidated the
cases and assessed 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. Briefs
on both sides of the controversy have
been filed with the court. Counsel
for the railroad is headed by Judson
Harmon. now governor of Ohio. So
licitor General Bowers, of the de-
| partment of justice, has directed the
| fight on behalf of the United States.
In the brief of the railroad coun-
sci, it is contended that the train is
the factor of offenses, because live
stock is moved in trains.
eff there be a confinement in cars
| beyond twenty-eight hours during
| transit under circumstances which
| constitute a violation of the statute,
1t 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
| carload, or per train load. If con-
! gress had intended there should be
a fine of $500 (the maximum penalty
for one offense), for each head of
stock delayed, or for each shipment
delayed or for each carload delayed,
it was easy to say so. Bearing in
| mind the rule of strict Interpretation
| of penal statutes, the only reason
| able construction of the statute is
that the detention Of all stock on the
! same train constitutes but one Of
Tense.
Congress did not deem it neces-
sary to be so severe as to permit a
| fine of $500 for each shipment in a
trainload containing possibly fifty
shipments, when single fine OF $500
would answer as WELL"
Several routes lead to the conclu-
sion that the separate shipment was
meant as the basis. the government
contends.
Suppose cattle are loaded into
cars by the carrier and kept there