The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1910-03-04
How MANY FINES
CAN court LEVY?
Railroad Admits Violation of the
"Twenty-Eight Hour Law"
for Live Stock.
SUPREME COURT HEARS CASE
Whether Separate Shipments on One
Train Are Basis for One or More
Than One Fine to Be Deter
mined by the Court.


Washington, March Allow severe
n punishment Congress has provided
for railroads guilty of violating the So
called Twenty Eight Hour Law"
for furnishing the unlawful confine-
ment of live stock in transportation
was the basis for a stubborn contest
today before the Supreme Court of the
United States. Counsel for the govern
ment contend that the unit for fining
railroads is the separate shipment,
while the legal representatives of the
Baltimore and Ohio Southwestern
Railroad company insist that the unit
is the train, no matter of how many
separate shipments it is composed.
Some features of the case resemble
the $29OO0,000 Standard oil case.
Many separate consignments OF
stock are carried frequently i'm one
train, SO the sum of the penalty, inn
posed by the law, will vary from 500
to many times 500, according to the
outcome of the litigation. The Balti-
more and Ohio Southwestern Railroad
alone appears in this case, but prac-
tcally every common carrier engaged
in interstate commerce i'm the United
States will feel the effect 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 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 without un-
loading the stock for reset, all in vio-
lation of the Twenty-eight Hour Law.
The railroad admitted the shipment
and its detention beyong the statu-
tory time, but II averred guilt of only
one offense because all the shipments
were carried in one train expressed a
willingness to pay fine for one vio-
lation
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 Su-
preme 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 Har-
mon. now Governor of Ohio, Solicitor
General Bowers, Of the Department of
Justice has directed the fight on be-
half OF the United States.
IF there be a confinement in cars
beyond twenty-elght hours during
transit under circumstances which
constitute a violation of the statute,
il must be the fault of the train says
the brief Of the railroad counsel.
Congress has not said whether the
offences shall be per head of stock,
per shipment, per car load or per train
load. II Congress had intended there
should be a fine of $500. "the maxi
mum penalty for one offense," for each
head of stock delayed. or Cor each
shipment delayed or for eac car load
Delayed, II was easy to say so.
Gearing in mind the rule of strict in
depreciation of penal statutes, the only
is that the detention of all stock on
the same train constitutes but one Of
fence.
The Contention of the government is
also interesting.
Suppose cattle are loaded into cars
by the carrier and kept there more
than 2S hours without unloading be-
fore the cars are put into any train,
says Solicitor General Bowers in his
tref. 'Is the train the unit of offense,
though there has been no train?" He
asked the same question where cattle
had been sidetracked in cars and the
train proceeded.
Indeed, the word train does not
once occur in the act" he says.
lie further contends that his point
Is proved by means of the provisions
regarding owners consent to the ex-
tension of time from 2S to 36 hours
The shipment being the unit as 70
which the carriers conduct is prescrib-
ed by statute. 1t must equally be tho
unit of the carriers misconduct
through violation of the prescribed
rule of conduct concerning the ship
nent."
The court may take some time be-
fore handing down decision in The
case.