Grand Rapids & I. Ry. Co. v. United States
| Decision Date | 05 March 1918 |
| Docket Number | 3060. |
| Citation | 249 F. 646 |
| Parties | GRAND RAPIDS & I. RY. CO. v. UNITED STATES. |
| Court | U.S. Court of Appeals — Sixth Circuit |
James H. Campbell, of Grand Rapids, Mich., for plaintiff in error.
John E Kinnane, U.S. Atty., of Detroit, Mich., and Philip J. Doherty and Roscoe F. Walter, Sp. Asst. U.S. Attys., both of Washington, D.C.
Before WARRINGTON, KNAPPEN, and DENISON, Circuit Judges.
The railway company seeks reversal of judgment entered against it in the District Court upon a verdict directed in favor of the United States. The action was to recover penalties for alleged violations of the first proviso to section 2 of the federal Hours of Service Act (34 Stat. 1416). The services were rendered by two of the company's telegraph operators in 1916, on March 13 to March 17, inclusive, in telegraph and telephone offices maintained by the company at Elmira station and K.S. tower, and within its yard located there. Elmira station is about three-eights of a mile south of K.S. tower and both are upon the main line. Upon the admitted facts the only question presented is whether, in view of the manner in which the services had been and at the times in question were performed, those places are to be regarded as two distinct offices, or as one office, within the meaning of the Hours of Service Act.
Prior to the Hours of Service Act, and until the K.S. tower was constructed and put in operation, February 25, 1906, the company used the Elmira office continuously through one agent operator from 7 a.m. to 7 p.m., and another operator from 7 p.m. to 7 a.m. From the opening of K.S. tower until May 25 1914, when it burned down, the Elmira office was used only as a day office and by one agent operator from 7 a.m. to 7 p.m. The K.S. office was used continuously by two operators, one during the day and the other during the night, until the Hours of Service Act went into effect, March 4, 1908; it was then used continuously by three operators, each working 8 hours in the 24f this practice was continued until May 24 1914, though, by overlapping, the hours of each operator were increased to nine. By reason of the fire the K.S. office was temporarily abolished, and during this period-- that is, from May 25, 1914, to April 21, 1915-- the Elmira office was again used continuously though by three operators, each working 9 hours. On April 21, 1915, day service alone was resumed at the Elmira office through an agent operator from 7 a.m. to 7:30 p.m.; and this was continued until and including the dates now in question, March 13 to 17, inclusive, 1916. When the day service was so renewed at the Elmira office, the company, through the use of a box car, re-established a telegraph and telephone office at the site of the K.S. tower; and from that time on, and including the dates in issue herein, this box car office was used as follows: One operator served regularly from 7 p.m. to 7:30 a.m., though this was not al the service rendered there. The operator at the Elmira office, in addition to his duties there as a station agent, was compelled to keep in touch with the box car office daily, by going there himself to look after waybills, and by giving orders over the telephone from the Elmira office to conductors and engineers, as well as receiving necessary information from them, at the box car office; the conductors and engineers, as well as the agent operator at the Elmira office, having been supplied with pass-keys to enter and use the box car office. When necessary, the train employes, such as conductors, would go from the box car office to the Elmira office to communicate personally with the agent operator in regard to orders concerning the movements of cars or trains.
Without further pursuing details, it is plain that the situation comes to this: Three operators were employed to do the work at both offices prior to the Hours of Service Act, four were required thereafter until the burning of the K.S. tower, and three were found necessary at the Elmira office alone until the box car office was put into service; but these forces were then reduced to two men, who were each required to work 12 1/2 hours in every 24-hour period. Despite these facts, there is not the slightest showing that the work to be performed had in any respect been reduced. It is to be borne in mind, moreover, that during the time the K.S. office was abolished on account of the fire-- that is, from May 25, 1914, to April 21, 1915-- all the work was performed at the Elmira office alone, though with three operators. It is not explained why this plan might not have been continued.
It is certainly difficult to understand how the...
To continue reading
Request your trial