248 F. 905 | 6th Cir. | 1918
This action is brought by the United States under the Twenty-Eight Hour Law, so called (34 Stat. c. 3594, U. S. Comp. Stat. 1916, § 8651 and following). The defendant (plaintiff in error here) is a railroad corporation engaged in interstate com-
The time of confinement was, at the owner’s request, extended to 36 hours. When the cars reached Port Huron the cattle already had been confined 26 hours and 15 minutes; they were detained at Port Huron 13 hours and 25 minutes more. The 36 hours had thus not elapsed when the cattle reached Michigan, but they were actually detained in that state for 3 hours and 40 minutes after the lapse of the permitted 36-hour period.
We cannot agree with this contention. The statute (Comp. St. 1916, § 8651) omitting words inapplicable here, provides that:
“No railroad * * * wliose road forms any part of a line of road over which cattle * * * or other animals -* * * shall be conveyed from one state * * ♦ into or through another state * u * shall confine the same in cars * * * for a period longer than 28 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” [conditions not existing here].
A provision for extension of time of confinement to 36 hours follows.
The statute plainly applies to the cattle in question, for defendants were engaged in interstate commerce, and the cattle were in course of .interstate transportation, viz.‘from Michigan to Illinois. It is the established rule, generally, that the time during which cattle have been confined by a connecting carrier shall be included in the computation of the period of statutory confinement. 25 Op. Atty. Gen. 411 (Op. of Atty. Gen.—later Mr. Justice—Moody); N. Y. C., etc., R. R. Co. v. United States (C. C. A. 2) 203 Fed. 953, 122 C. C. A. 255.
In United States v. Uehigh Valley, supra (where the judgment below was affirmed by the Circuit Court of Appeals of the Second Circuit on the opinion of the District Judge), the shipment originated in the United States, passed through Canada, and then again into the United States; part of the previous confinement being in the United States and part in Canada. The excess was again in the United States; an offense was held to have been committed, Judge Holt saying (184 Fed. 976):
“It is, o£ course, true that their confinement in New York would not have constituted an offense without their previous confinement, part of which was in Canada; hut the previous confinement in Canada or elsewhere is not a part oE the offense, although a fact necessary to its existence.”
In the Grand Trunk Railway Case, passed upon by the Circuit Court of Appeals for the Seventh Circuit, the shipment (as in this case) originated in Canada, and part of the confinement occurred there. The excessive confinement was in the United States, and this confinement was held to be within the prohibition of the act. That case differs from the instant case only in the fact that there the destination was also in Canada. The underlying principle, however, is the same.
The Grand Trunk Railway Case passed upon by the Circuit Court of Appeals of the Second Circuit (above cited)' is equally in point. There the shipment originated in Michigan; it was delivered by the initial carrier to the defendant at Port. Huron, in that state, after a confinement of 16 hours. The cattle were then carried by defendant through Canada to Black Rock, N. Y., where they were delivered to another railroad company, 33 hours later. The confinement by the defendant in the United States was but one hour, and it is evident that there was no unlawful confinement, but for the period occupied in transporting the cattle through Canada. The defendant there, as here, contended that its action in the confinement of the cattle for a longer period than 28 hours in Canada should not be considered. This contention was rejected, Judge Coxe saying;
*908 ■“When the defendant brought tbc animals into tbe United States they had been for 49 hours without food, water, or rest, in violation of the statute.When the car entered the United States, the acts forbidden by the law had been committed, and this situation was continued by the defendant for the period of an hour. In other words, the de fendant violated the law and continued the violation while in the United States.” (Italics ours.)
The fact that in the instant case the shipment originated in Canada does not distinguish it in principle- from the three cases last cited.
It is thus clear, on both principle and authority, that the District Court rightly held that defendant’s confinement of the cattle in the United States for such period as, added to their confinement in Canada, made a total, continuous confinement in excess of the statutory period, constituted a violation of the act.
The judgment of the District Court is affirmed.