State v. Chicago, Milwaukee & St. Paul Railroad
| Decision Date | 26 October 1918 |
| Citation | 206 S.W. 419,200 Mo.App. 109 |
| Parties | STATE OF MISSOURI, Respondent, v. CHICAGO, MILWAUKEE & ST. PAUL RAILROAD, Appellant |
| Court | Kansas Court of Appeals |
Appeal from Grundy Circuit Court.--Hon. Fred Lamb, Judge.
REVERSED.
Judgment reversed.
Frank W. M'Allister and Henry B. Hunt for respondent.
Fred S Hudson for appellant.
The prosecuting attorney of Grundy county filed an information against the defendant in which he charged it with a violation of section 717, Revised Statute 1909, relating to the quarantine of cattle shipped from other States into this State. Defendant was convicted in the trial court and fined one thousand dollars. An appeal was taken to the Supreme court, but was transferred to this court on the ground that this court had and the Supreme court had not, jurisdiction of the case.
The statute referred to above reads as follows; "The governor of Missouri, may in his discretion, order said veterinary surgeon to visit any State or territory, and investigate any dangerous or infectious disease said to exist in any designated locality in the State named and report to the governor the result of said investigation, together with such suggestions that he may deem proper and right. On receipt of such report, or any official report of the State veterinarian, the governor may call the state board of agriculture and the state veterinary surgeon together, and that body and said veterinary surgeon may, if deemed wise, arrange and adjust such rules and regulations as safety may demand for the transportation of live stock through or into this State from any State or territory, or any foreign country or parts thereof, where dangerous, contagious or infectious diseases may exist. Such rules and regulations shall not be in contradiction with constitutional laws of transportation and commerce, and shall be subject to the approval of the governor.
The governor, on the approval of such rules and regulations shall issue his proclamation, scheduling and quarantining against such localities in which domestic animals may be considered as capable of conveying infections or contagious diseases and prohibit the importation and the unloading in this State of any live stock of the kind capable of causing such disease, except under the aforesaid rules and regulations. Such rules and regulations, after approval by the governor, shall be sent to all corporations or other agencies doing the business of transportation or conveying live stock through or into the State of Missouri; and any corporation or agency or individuals who shall violate such rules and regulations by transporting prohibited animals shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined not less than a thousand dollars nor more then ten thousand dollars for each and every offense, and shall be liable for any and all damages or loss that may be sustained by any party, or parties by reason of such importation or transportation:
Taking this statute for authority, the governor and state board of agriculture in September, 1911, established a quarantine against all the States of the Union, and rules and regulations were established and promulgated. It appears that defendant engaged to carry three car loads of cattle from Waucoma, Iowa, to Kansas City in this State. After the cattle were loaded the owner received a telegram that there was a quarantine against the Kansas City stock yards and he then had defendant transport them to Galt, a town in Grundy county, Missouri. On their arrival at Galt they were quarantined by the State Veterinary, and this prosecution followed.
The point made by defendant is that the shipment being interstate commerce and the federal government, as a proper part of its regulation of such commerce having taken over to itself the regulation of quarantine, its action has superceded the State law, and therefore this prosecution resulting in the penalty imposed on defendant under the State statute must fail.
Undoubtedly the shipment in question from a point in Iowa to a point in Missouri was interstate commerce. Undoubtedly Congress has the power; granted by the Federal Constitution, to regulate all material phases of such commerce to the exclusion of all state regulations and penalties. Nor can there be any doubt that the matter of quarantine of live stock for shipment or transportation, [Reid v. Colorado, 187 U.S. 137, 146.]
But where the act of the State does not unduly hinder or embarrass such commerce it may lawfully prescribe regulations in relation thereto; yet when "Congress speaks upon the subject," it supercedes all State regulations. [Adams Express Co. v. Croninger, 226 U.S. 491, 500; Southern Ry. Co. v. Reid, 222 U.S. 424, 436; Western Union Tel. Co. v. James, 162 U.S. 650, 660; Minnesota Rate Cases, 230 U.S. 352, 402, 405, 408, 409; Southern Ry. Co. v. Railroad, 236 U.S. 439, 446; Davis v. Western Union Tel. Co., 198 Mo.App. 692.]
The decisive question is: has Congress taken to itself the regulation of quarantine for cattle in interstate shipments? In the year 1884, Congress established certain rules and regulations concerning quarantine of cattle. [23 U.S Statute, p. 31, Chap. 60.] But it was only partial. In fact the act provided or recognized joint or concurrent jurisdiction by the State; and except in certain particulars, that statute "left a wide field for the exercise by the state of their power, by appropriate regulations, to protect their domestic animals against contagious, infectious and communicable diseases." [Reid v. Colorado, 187 U.S. 137, 147.] But since the date of that Statute, to-wit, March 3, 1905, Congress passed the act found in 33 U.S. Statute, p. 1264, Chap. 1496, entitled: "An act to enable the Secretary of Agriculture to...
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