The State v. Wabash Railroad Company

• Decision Date: 29 November 1911
• Parties: THE STATE v. WABASH RAILROAD COMPANY, Appellant
• Court: Missouri Supreme Court

141 S.W. 646

238 Mo. 21

THE STATE v. WABASH RAILROAD COMPANY, Appellant

Supreme Court of Missouri, First Division

November 29, 1911

Appeal from Audrain Circuit Court. -- Hon. Jas. D. Barnett, Judge.

Reversed and remanded (with directions).

J. L Minnis and Robertson & Robertson for appellant.

The defendant was engaged in interstate commerce. Not only is this presumed by the court, but that fact stands established by the evidence in this case; and this case is thereby brought within the rule announced in State v Railroad, 212 Mo. 658. The testimony discloses that part of the train was actually engaged in interstate commerce carrying cars destined for points outside of the State. The Employees' Liability and Safety Appliance Acts, (Thonton), 35-42. This statute on the face of it not only in the title but within the body of the act itself, has attempted to legislate upon a subject entirely within the control of the Congress of the United States. The inhibition is directed against any railroad corporation operating a line of railroad in whole or in part in the State of Missouri. This statute is in conflict with the regulations prescribed by Congress on the same subject, and the power of the State over the subject is excluded. This prosecution was begun on October 26, 1907. The judgment of conviction was entered on the 8th day of July, 1908. At the time the prosecution was begun, the Congress of the United States had taken control of this question so far as railroads and railroad employees are concerned engaged in interstate commerce. The Act of Congress was approved March 4, 1907. The State statute is superseded by the Act of Congress, and must give way, and in all things where there is a conflict, the Federal statute will control. Whenever there is a Federal statute upon the subject within the control of Congress, the State statute is of no effect or has become superseded. This is true even when the State law rests upon the police power of the State whenever Congress in the exercise of the powers granted it legislates upon the precise subject-matter. Railroad v. Heffley & Lewis, 158 U.S. 98. It is provided by this act that "it shall be unlawful for any corporation operating a line of railroad in whole or in part in the State of Missouri to require or permit any conductor," etc. The statute is directed, not only against the corporation operating a line of railroad in the State of Missouri alone, but against any railroad operating a line of railroad part in this and part in any other State. The statute is so drawn as not to distinguish interstate and intrastate commerce. A state statute so drawn as not to distinguish between interstate and intrastate commerce cannot stand as legislation upon either subject. State v. Railroad, supra. When the Congress of the United States legislated upon the subject, the Federal law superseded the State law upon the subject. Railroad v. Fuller, 17 Wall. 560; Wilson v. Blackbird, etc., Co., 2 Peters 245; Cooley v. Philadelphia Port Wardens, 12 How. 299; Pennsylvania v. Wheeling, etc., Bridge, 18 How. 421; Mobile County v. Kimball, 102 U.S. 691; Packet Co. v. Cattlesburg, 105 U.S. 559; Transportation Co. v. Parkersburg, 107 U.S. 691; Morgan v. Louisiana, 118 U.S. 455. Not only has Congress legislated upon the subject within its power and without the power of the State, but the regulations attempted by the State statute are in conflict with the Federal statute and the State law is, therefore, invalid. State v. Addington, 77 Mo. 116; State v. Railroad, supra.

John D. Orear for the State.

(1) The Legislature had a right to pass this law, and to determine into what State fund the penalty shall be paid. Cooley's Const. Lim. 578; 5 Wait's Act. and Def., sec. 7; Levy v. Gowdy, 2 Allen, 323; Weil v. Simmons, 66 Mo. 619; Cruschow v. Brown, 57 Mo. 38; Dailby v. Houston, 58 Mo. 361; Barnett v. Railroad, 68 Mo. 56. (2) This law is just and should be upheld. It prevents train crews from being overworked, and protects the public from the danger of being served by trainmen worked past human endurance.

OPINION

WOODSON, J.

At the January term, 1908, of the circuit court of Audrain county, John D. Orear, the prosecuting attorney thereof, filed therein, against the Wabash Railroad Company, the following information, to-wit:

"State of Missouri, County of Audrain.

"In Circuit Court, January Term, 1908.

"The State of Missouri at the relation and to the use of John D. Orear, prosecuting attorney within and for the county of Audrain and State of Missouri, Plaintiff.

vs.

The Wabash Railroad Company, Defendant.

"Now comes plaintiff in the above entitled cause, and for its cause of action states that the defendant herein is a corporation duly organized and existing under and by virtue of the laws of the State of Missouri, and as such corporation is engaged in operating a line of railroad from the town of Moberly, in the State of Missouri, through the county of Audrain in the State of Missouri, and to Luther Station, in St. Louis county, Missouri, and in transporting freight in freight trains over said line of railroad.

"That on the 25th, 26th and the 27th days of February, A. D. 1907, the said Wabash Railroad Company had in its employ one E. C. Deskin, who was then and there employed by said Wabash Railroad Company as a conductor on and for freight trains. That while in the employment of the said defendant, he, the said E. C. Deskin, was required by the said defendant to take charge of a freight train, belonging to said defendant, as conductor thereof, at Moberly, Missouri, at six o'clock in the afternoon of the 25th day of February, A. D. 1907, for the purpose of conducting said train to Luther Station, in Saint Louis county, Missouri. That the said E. C. Deskin acting under the orders of the said Wabash Railroad Company, did then and there take charge of said freight train as conductor thereof, and remained in charge of said freight train, as conductor thereof, in actual and continuous service, without any rest, sleep or relief from duty from said six o'clock in the afternoon of said 25th day of February, 1907, until he arrived in Luther Station, Saint Louis county, Missouri, with said freight train as conductor thereof, at twenty-five minutes past two o'clock in the afternoon of the twenty-sixth day of February, 1907.

"Plaintiff states further that at thirty minutes past six o'clock in the afternoon of the said twenty-sixth day of February, 1907, the said Wabash Railroad Company did then and there, unlawfully require the said E. C. Deskin to take charge of a freight train, as conductor thereof, for the purpose of conducting said freight train, from said Luther Station, in Saint Louis county, Missouri, to the town of Moberly, Missouri, before he, the said E. C. Deskin had eight hours' rest. That the said E. C. Deskin in compliance with the demand of the said Wabash Railroad Company, and without being permitted by said Wabash Railroad Company to have eight hours' rest, did take charge of said freight train, as conductor thereof, at said Luther Station in Saint Louis county, Missouri, and continued in charge of said freight train as conductor thereof, and in continuous service of said Wabash Railroad passing through a portion of Audrain county, Missouri, and until the town of Mexico, Audrain county, Missouri, was reached at twenty-two minutes past seven o'clock in the morning of the twenty-seventh day of February, 1907.

"Plaintiff states further that the said freight train which the said E. C. Deskin was required to take charge of as conductor thereof by the said Wabash Railroad Company, at said Luther Station, Saint Louis county, Missouri, at thirty minutes past six o'clock in the afternoon of the said twenty-sixth day of February, 1907, for the purpose of conducting said train to Moberly, Missouri, was not then and there a passenger train, nor a freight train loaded exclusively with live stock or perishable freight, and that the said E. C. Deskin was not then and there the employee of a sleeping-car company, and that no accident nor casualty had occurred on defendant's said railroad, prior to or during the movement of said freight train from Moberly, Missouri, to Luther Station, St. Louis county, Missouri, and from said Luther Station in Saint Louis county, Missouri, to Mexico, Missouri, that rendered the movement of said freight train from said Luther Station, Saint Louis county, Missouri, to said Mexico in Audrain county, Missouri, necessary, and that made it necessary for said E. C. Deskin to conduct said freight train from said Luther Station, in Saint Louis county, Missouri, to said Moberly, Missouri, without having eight hours' rest.

"Plaintiff states further that the said Wabash Railroad Company was during the month of February, 1907, engaged in operating a line of railroad from Moberly, Missouri, through the county of Audrain and State of Missouri to Luther Station in Saint Louis county, Missouri, and that said Wabash Railroad Company is still so engaged in operating a line of railroad as aforesaid. That John D. Orear is the duly elected, qualified and acting prosecuting attorney of Audrain county, Missouri, and as such prosecuting attorney, brings this action against said Wabash Railroad Company, in the name and for the use of the State of Missouri.

"Wherefore plaintiff prays that it have and recover from said Wabash Railroad Company, a penalty in the sum of one thousand dollars for said wrongful act as above set out, and for all other orders the court may deem proper and just."

In due time the defendant filed its answer containing a general denial, and specially pleading that the information was wrongfully brought at the relation of the prosecuting attorney, and that it should...