213 F. 326 | 8th Cir. | 1914
When the definitions of the first section of the statute are read into the prohibitions of the second, .the law applicable here is as follows:
It shall be unlawful for any common carrier by railroad, engaged in interstate commerce, to require or permit any person in its service actually engaged in or connected with the movement of any train in such commerce to be or remain on duty for a longer period than 16 consecutive hours, and whenever such person shall have been contin
In- this legislation Congress had in view the many serious railroad accidents caused by the unfitness for duty of men, engaged in or having to do with the movements of trains, who had endured excessive periods of continuous, unbroken service without intervals for rest. The remedy adopted was by limiting the maximum of the hours of service and the minimum for the intervals between. • It was thought futile to attempt to control the employés in their use of their off time; therefore, as being more practical and efficient, the command was laid upon and confined to those who1 gave them employment in their regular occupations. The statute is highly remedial and should be liberally construed to effect its purpose. United States v. Kansas City Southern, 121 C. C. A. 136, 202 Fed. 828. It is to be noted that the employés within the statute are those “actually engaged in or connected with the movement of any train”; but obviously the purpose of the legislation would be defeated if they might be required or permitted by their employers to occupy the hours intended for rest with railroad service of another kind. The particular character of the labor required or permitted in the intervals would seem immaterial. In Baltimore & Ohio R. Co. v. Commerce Commission, 221 U. S. 612, 31 Sup. Ct. 621, 55 L. Ed. 878, it was said:
■ “Tlie length, of hours of service has a direct relation to the efficiency of the human agencies upon which protection to life and property necessarily depends. * * * If then it be assumed, as it must be, that in the furtherance of its purpose Congress can limit the hours of labor of employés engaged in interstate transportation, it follows that this power cannot be defeated either by prolonging the period of service through other requirements of -the carriers or by the commingling of duties relating to interstate and intrastate operations.”
To promote the safety of employés and travelers upon railroads the statute broadly contemplates the efficiency, as affected by reasonable opportunities for rest, of a class of men not ordinarily hired from day to day but engaged in regular service in connection with the movement of trains or subject to call for such service. It is contended that the excess service here was of another kind, and being at the end of the 16 hours is therefore immaterial, as it does not appear when thereafter the fireman returned to work. That is too narrow a view of the legislation, since it ignores the effect upon their efficiency of excessive hours of service of any. kind without rest. But, taking the narrower view, it cannot be seriously doubted that the statute would be violated if the other 'service immediately preceded the 16 consecutive hours in a train movement. The attentiveness of mind so essential to safety in transportation might be as effectively impaired by loss of rest while oiling machinery in the shops or attending an engine on a siding as while serving on a moving train. Likewise if the train service'aggregating 16 hours in a 24-hour period
The judgment is affirmed.