United States v. Illinois Cent Co 14 8212 17, 1938

• Decision Date: 28 February 1938
• Docket Number: No. 352,352
• Parties: UNITED STATES v. ILLINOIS CENT. R. CO. Argued Jan. 14—17, 1938
• Court: U.S. Supreme Court

303 U.S. 239

58 S.Ct. 533

82 L.Ed. 773

UNITED STATES

v ILLINOIS CENT. R. CO.

No. 352.

Argued Jan. 14—17, 1938.

Decided Feb. 28, 1938.

Messrs. Homer S. Cummings, Atty. Gen., and Gordon Dean, of Washington, D.C., for the United States.

Mr. Selim B. Lemle, of New Orleans, La., for respondent.

Mr. Justice BUTLER delivered the opinion of the Court.

Petitioner brought this suit in the federal court for Eastern Louisiana to recover from respondent a penalty for violation of the Act of June 29, 1906, 34 Stat. 607, 45 U.S.C. §§ 71—74, 45 U.S.C.A. §§ 71—74. Upon an agreed statement, the court found the facts, stated its conclusions of law, and gave judgment for respondent. The Circuit Court of Appeals affirmed. 5 Cir., 90 F.2d 213. This Court granted a writ of certiorari. 302 U.S. 671, 58 S.Ct. 49, 82 L.Ed. —-.

The question for decision is whether, as a matter of law, the facts found show conclusively that respondent knowingly and willfully failed to comply with the requirements of the first section of the Act, 45 U.S.C.A. § 71.

It declares that no carrier whose road forms a part of a line over which cattle shall be conveyed from one State to another shall confine the same in cars for longer than 28 consecutive hours without unloading them into properly equipped pens for rest, water, and feeding unless pre- vented by storm or by other accidental and unavoidable causes which cannot be anticipated or avoided by the exercise of due diligence and foresight; upon the written request of the owner the time of confinement may be extended to 36 hours. Section 2, 45 U.S.C.A. § 72, requires that animals so unloaded shall be properly fed and watered. Section 3, 45 U.S.C.A. § 73, provides: 'Any railroad * * * who knowingly and willfully fails to comply with the provisions of the two preceding sections shall for every such failure be liable for and forfeit and pay a penalty of not less than $100 nor more than $500' recoverable by civil action in the name of the United States. Section 4, 45 U.S.C.A. § 74.

The petition alleged that respondent knowingly and willfully confined cattle in a car for 37 hours without unloading them. The answer admitted that the cattle were continuously confined in the car from three o'clock in the afternoon of October 8, 1932, when loaded at point of shipment, Hermanville, Mississippi, until four o'clock of the morning of October 10 when unloaded at destination, New Orleans, Louisiana, but directly put in issue the allegation that respondent knowingly and willfully so confined the cattle. It alleged that the car arrived at New Orleans at 11:35 in the evening of October 9; that having received advance information of the approximate time of arrival and of the time when the 36-hour period would expire, respondent's yardmaster, in order promptly to handle the shipment, procured an extra engine and crew immediately upon arrival of the car to take it to the stockyards and, before the expiration of the permissible time of confinement, there place it for unloading; that the yardmaster negligently failed to notify the enployee, whose duty it was to unload; and because of his oversight and negligence the cattle were continuously confined in the car for 37 hours.

A motion by petitioner for judgment on the pleadings having been overruled, the parties waived trial by jury and stipulated evidentiary facts in substance as alleged in the answer. They left open the question whether respondent knowingly and willfully confined the cattle for more than 36 hours. The case was submitted for decision on the agreed statement without more. The court found evidentiary facts in accordance with the stipulation, held failure to unload within the time was due to the negligence of the yardmaster, and concluded that respondent did not knowingly and willfully fail to comply with the statute.

The case depends upon the meaning of the phrase 'knowingly and willfully,' used in section 3, 45 U.S.C.A. § 73, to characterize the transgressions for which penalties are imposed. The Act is to be construed to give effect to its humanitarian provisions, and as well to the exceptions in favor of the carriers. Chicago & N.W. Ry. Co. v. United States, 246 U.S. 512, 517, 518, 38 S.Ct. 351, 62 L.Ed. 859. 'The penalty is not imposed for unwitting failure to comply with the statute. United States v. Sioux City Stock Yards Co., C.C., 162 F. 556, 562; United States v. Stockyards Terminal Ry. Co., 8 Cir., 178 F. 19, 23; St. Joseph Stockyards Co. v. United States, 8 Cir., 187 F. 104; Oregon-Washington R. & Nav. Co. v. United States, 9 Cir., 205 F. 341, 343. But in this case, the respondent knew when the permissible period of confinement would expire, brought the car to destination, and within the time allowed, placed it for unloading. By allowing the 36 hours to expire, it 'knowingly' failed to comply with the statute.

Mere omission with knowledge of the facts is not enough. The penalty may not be recovered unless the carrier is also shown 'willfully' to have failed. In statutes denouncing offenses involving turpitude, 'willfully' is generally used to mean with evil purpose, criminal intent or the like. But in those denouncing acts not in themselves wrong, the word is often used without any such implication. Our opinion in United States v. Murdock, 290 U.S. 389, 394, 54 S.Ct. 223, 225, 78 L.Ed. 381, shows that it often denotes that which is 'intentional, or knowing, or voluntary, as distinguished from accidental,' and that it is employed to characterize 'conduct marked by careless disregard whether or not one has the right so to act.' The...