United States v. Railway Express Agency

• Decision Date: 06 December 1934
• Citation: 10 F. Supp. 259
• Parties: UNITED STATES v. RAILWAY EXPRESS AGENCY, Inc.
• Court: U.S. District Court — Southern District of New York

10 F. Supp. 259

UNITED STATES v. RAILWAY EXPRESS AGENCY, Inc.

District Court, S. D. New York.

December 6, 1934.

Martin Conboy, U. S. Atty., of New York City (Mary R. Towle, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Charles C. Evans, of New York City, for defendant.

MOSCOWITZ, District Judge.

This action is brought to recover a penalty of $100 and not to exceed $500 for failure to feed two pigs in violation of the Act of Congress of June 29, 1906, 34 Stat. 607 (45 USCA §§ 71-74).

The act reads in part as follows:

"§ 71. Transportation of animals; time of confinement; unloading for rest and feeding; unloading sheep. No railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, whose road forms any part of a line of road over which cattle, sheep, swine, or other animals shall be conveyed from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, or the owners or masters of steam, sailing, or other vessels carrying or transporting cattle, sheep, swine, or other animals from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, shall confine the same in cars, boats, or vessels of any description for a period longer than twenty-eight consecutive hours without unloading the same in a humane manner, into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented by storm or by other accidental or unavoidable causes which can not be anticipated or avoided by the exercise of due diligence and foresight: Provided, That upon the written request of the owner or person in custody of that particular shipment, which written request shall be separate and apart from any printed bill of lading, or other railroad form, the time of confinement may be extended to thirty-six hours. In estimating such confinement, the time consumed in loading and unloading shall not be considered, but the time during which the animals have been confined without such rest or food or water on connecting roads shall be included, it being the intent of this chapter to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies hereinbefore stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in the nighttime in case of sheep the same may continue in transit to a suitable place for unloading, subject to the aforesaid limitation of thirty-six hours.

"§ 72. Animals unloaded to be fed and watered by or at expense of owner; lien. Animals so unloaded shall be properly fed and watered during such rest either by the owner or person having the custody thereof, or in case of his default in so doing, then by the railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, or by the owners or masters of boats or vessels transporting the same, at the reasonable expense of the owner or person in custody thereof, and such railroad, express company, car company, common carrier other than by water, receiver, trustee, or lessee of any of them, owners or masters, shall in such case have a lien upon such animals for food, care, and custody furnished, collectible at their destination in the same manner as the transportation charges are collected, and shall not be liable for any detention of such animals, when such detention is of reasonable duration, to enable compliance with section 1 of this chapter, but nothing in this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor, if he so desires.

"§ 73. Penalty for failure to comply with law; when provisions for unloading not to apply. Any railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee of any of them, or the master or owner of any steam, sailing, or other vessel 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: Provided, That when animals are carried in cars, boats, or other vessels in which they can and do have proper food, water, space, and opportunity to rest the provisions in regard to their being unloaded shall not apply.

"§ 74. Penalty recoverable by civil action; duty of district attorneys to prosecute. The penalty created by the preceding section shall be recovered by civil action in the name of the United States in the district court holden within the district where the violation may have been committed or the person or corporation resides or carries on business; and it shall be the duty of United States attorneys to prosecute all violations of this chapter reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means."

On June 3, 1931, the defendant, which is engaged in the express business, received at its office at Waltham, Mass., two pigs consigned to a person in Callicoon, N. Y. These pigs, contained in a crate, were loaded on board a train which left Waltham at 5:18 p. m., Eastern Standard Time. The pigs were transported to Callicoon, N. Y., where the crate containing them was unloaded and placed in the express office at 6:13 p. m. on June 4, 1931. They were provided with water within the statutory period but were not given any food between the time when the train left Waltham, Mass., at 5:18 p. m. on June 3, 1931, until 8:15 a. m. on June 5, 1931, a period of over thirty-eight hours.

The defendant does not claim that it was prevented from complying with the provisions of the statute by storm or other accidental or unavoidable causes which could not have been anticipated or avoided by the exercise of...