United States v. Boyce Motor Lines, No. 10368.
| Court | United States Courts of Appeals. United States Court of Appeals (3rd Circuit) |
| Writing for the Court | MARIS, McLAUGHLIN and HASTIE, Circuit |
| Citation | 188 F.2d 889 |
| Parties | UNITED STATES v. BOYCE MOTOR LINES, Inc. |
| Docket Number | No. 10368. |
| Decision Date | 03 May 1951 |
188 F.2d 889 (1951)
UNITED STATES
v.
BOYCE MOTOR LINES, Inc.
No. 10368.
United States Court of Appeals Third Circuit.
Submitted March 6, 1951.
Decided May 3, 1951.
Grover C. Richman, Jr., U. S. Atty., Newark, N. J., Charles J. Tyne, Asst. U. S. Atty., Newark, N. J., (Alfred E. Modarelli, U. S. Atty., Newark, N. J., on the brief), for appellant.
Joseph C. Glavin, Jersey City, N. J. (A. Harry Moore, Jersey City, N. J., of counsel), for appellee.
Russell E. Watson, New Brunswick, N. J. (Leander I. Shelley, Daniel B. Goldberg and Shickrey Anton, all of New York City, of counsel), amicus curiae.
Before MARIS, McLAUGHLIN and HASTIE, Circuit Judges.
MARIS, Circuit Judge.
This is an appeal by the United States from so much of an order of the District Court for the District of New Jersey as dismissed counts 1, 3 and 5 of an indictment against the defendant, Boyce Motor Lines, Inc. The three counts charged the defendant with three separate violations of the provisions of § 197.1(b) of a regulation of the Interstate Commerce Commission governing the transportation of explosives and other dangerous articles by motor vehicle. 49 CFR (1949 Ed.) § 197.1(b). This regulation was promulgated by the Interstate Commerce Commission1 pursuant to the authority conferred upon it by 18 U.S.C. § 835, which section also makes the knowing violation of the regulation a criminal offense. Holding that § 197.1(b) of the regulation is so vague and indefinite as not to set forth an ascertainable standard of guilt the district court concluded that the section was invalid and accordingly dismissed the counts of the indictment which charged the violation of it. D.C., 90 F.Supp. 996.
§ 197.1(b) with which we are here concerned provides: "(b) Avoidance of congested places. Drivers of motor vehicles transporting any explosive, inflammable liquid, inflammable compressed gas, or poisonous gas shall avoid, so far as practicable, and, where feasible, by prearrangement of routes, driving into or through congested thoroughfares, places where crowds are assembled, street car tracks, tunnels, viaducts, and dangerous crossings."
The pertinent provisions of 18 U.S.C. § 835 are as follows:
"The Interstate Commerce Commission shall formulate regulations for the safe transportation within the limits of the jurisdiction of the United States of explosives and other dangerous articles, including flammable liquids, flammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land, and upon all shippers making shipments of explosives or other dangerous articles via any common carrier engaged in interstate or foreign commerce by land or water.
* * * * * *
"Whoever knowingly violates any such regulation shall be fined not more than $1,000 or imprisoned not more than one year, or both; and, if the death or bodily injury of any person results from such violation, shall be fined not more than $10,000 or imprisoned not more than ten years, or both."
The district court held the regulation invalid because it concluded that the violation of it is malum prohibitum in which intent is not a factor and, that being so, the use of the phrases "so far as practicable" 90 F.Supp. 998. and "where feasible" are so vague and indefinite as to make conjectural the standard of guilt which is sought to be set up by the regulation. We do not agree.
When the regulation is read with 18 U.S.C. § 835, the statute under which it
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Standard Oil Company of Texas v. United States, No. 18888.
...violation set forth. United States v. Chicago Express, 7 Cir., 1956, 235 F.2d 785, 786; United States v. Boyce Motor Lines, 3 Cir., 1951, 188 F.2d 889, 890; Boyce Motor Lines v. United States, 1952, 342 U.S. 337, 72 S.Ct. 329, 96 L.Ed. 367; St. Johnsbury Trucking Co. v. United States, 1 Cir......
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Boyce Motor Lines v. United States, No. 167
...holding that the Regulation, interpreted in conjunction with the statute, establishes a reasonably certain standard of conduct. 3 Cir., 188 F.2d 889. We granted certiorari. 342 U.S. 846, 72 S.Ct. 75. A criminal statute must be sufficiently definite to give notice of the required conduct to ......
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United States v. A & P TRUCKING CORP., Cr. A. No. 346-52.
...statutory standards. United States v. Boyce Motor Lines, Inc., D.C.N.J.1950, 90 F.Supp. 996, 1000, reversed on other grounds, 3 Cir., 188 F.2d 889, affirmed, 342 U.S. 337, 96 L.Ed. 367, 72 S.Ct. 329; Yakus v. United States, 1952, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834. As such, these regu......
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United States v. Deer, No. C-8313.
...violates any such regulations" shall be punished as therein provided. 131 F. Supp. 320 In United States v. Boyce Motor Lines, 3 Cir., 188 F.2d 889, 891, the trial court held a regulation formulated by the Interstate Commerce Commission under the same statute to be invalid for the reason tha......
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Standard Oil Company of Texas v. United States, No. 18888.
...violation set forth. United States v. Chicago Express, 7 Cir., 1956, 235 F.2d 785, 786; United States v. Boyce Motor Lines, 3 Cir., 1951, 188 F.2d 889, 890; Boyce Motor Lines v. United States, 1952, 342 U.S. 337, 72 S.Ct. 329, 96 L.Ed. 367; St. Johnsbury Trucking Co. v. United States, 1 Cir......
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Boyce Motor Lines v. United States, No. 167
...holding that the Regulation, interpreted in conjunction with the statute, establishes a reasonably certain standard of conduct. 3 Cir., 188 F.2d 889. We granted certiorari. 342 U.S. 846, 72 S.Ct. 75. A criminal statute must be sufficiently definite to give notice of the required conduct to ......
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United States v. A & P TRUCKING CORP., Cr. A. No. 346-52.
...statutory standards. United States v. Boyce Motor Lines, Inc., D.C.N.J.1950, 90 F.Supp. 996, 1000, reversed on other grounds, 3 Cir., 188 F.2d 889, affirmed, 342 U.S. 337, 96 L.Ed. 367, 72 S.Ct. 329; Yakus v. United States, 1952, 321 U.S. 414, 64 S.Ct. 660, 88 L.Ed. 834. As such, these regu......
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United States v. Deer, No. C-8313.
...violates any such regulations" shall be punished as therein provided. 131 F. Supp. 320 In United States v. Boyce Motor Lines, 3 Cir., 188 F.2d 889, 891, the trial court held a regulation formulated by the Interstate Commerce Commission under the same statute to be invalid for the reason tha......