122 P. 961 | Cal. | 1912
The petitioner asks to be discharged from custody on the ground that the complaint upon which he was arrested does not charge a public offense.
The complaint attempts to state a violation of section 1 of the act of February 20, 1911, prescribing the number of persons to be employed in the operation of certain kinds of railroad trains. (Stats. 1911, p. 65.) The section is as follows: —
"Sec. 1. It shall be unlawful for any common carrier by railroad in the state of California operating more than four trains each way per day of twenty-four hours on any main track or branch line of railroad within this state to run, or permit to be run, any passenger, mail or express train propelled or drawn by steam locomotive that has not at least the following named employees thereon: One engineer, one fireman, one conductor, one brakeman, one baggageman; provided, that on any such train upon which baggage is not hauled a baggageman need not be employed;provided, further, that on any such train where four passenger coaches or cars exclusive of railroad officers' private cars, or more than four passenger coaches or cars are hauled, two brakemen instead of one shall be employed."
The Atchison, Topeka Santa Fe Company operates a railroad between the cities of San Bernardino and Los Angeles and runs more than four trains a day each way thereon. The charge against Galivan is that he was the trainmaster of said company and that, as such, he did, on August 2, 1911, willfully and unlawfully aid and abet said company in running over said railroad a passenger train drawn by a steam locomotive, which train was composed of one locomotive, one baggage car, and three passenger coaches, and had only one brakeman employed thereon.
The theory upon which this charge was made is that this section of the statute makes it a misdemeanor for a common carrier of the class there described to run a passenger train of four cars without two brakemen, although only three of such cars are passenger coaches or passenger cars and the other is a baggage car, mail car, or express car. It is claimed that in the clause of the last proviso reading as follows: "where four passenger coaches or cars exclusive of railroad officers' private cars, or more than four passenger coaches or cars are *333 hauled," the word "passenger" qualifies the word "coaches," but does not qualify the word "cars"; that the word "car" was added to designate any vehicle attached to the train not embraced in the term "passenger coach."
We cannot agree with this proposition. The words of a statute are to be taken in their usual, ordinary, and popular sense, unless the context shows that they are used in a technical or arbitrary sense. (People v. Eddy,
Let the petitioner be discharged.
Angellotti, J., Sloss, J., Melvin, J., Lorigan, J., and Henshaw, J., concurred.