89 Iowa 613 | Iowa | 1894
Section 2. “It shall be unlawful for any person to drive, a steam engine over any bridge or culvert on any public highway in this state without using four strong planks, each to be not less than twelve feet long, one foot wide and two inches thick; two of said planks to be kept continuously under the wheels of said engine while crossing said bridge or culvert.”
Section 4. “Any owner of a steam engine who by himself, agent or employee shall violate any of the provisions of' this act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall for each offense be fined not less than ten dollars, nor more than fifty dollars.”
There was a demurrer to the information, on the ground that it did not show that the defendant was the owner of the engine, which was overruled. It should have been sustained. Section 2 of the act defines an offense, and it maybe committed by “any person.” Section 4 provides a punishment for a violation 'of the act, but limits it to any owner of a steam engine.” There is a clear omission, intentional or otherwise, to make a violation of the act punishable by any person except an owner. There is some reason for thinking that it was intended to make the owner liable to punishment for whoever might be the driver of his engine, beeause of the language “by himself, agent, or employee.” But with that construction it is equally necessary, if not more so, that he should be charged in the information as the owner. There is no view of the act under which its penalties can be applied against
If it should be thought that the penalty for a violation of section 2 of the act is not that specified in the act, but that provided for generally in cases of misdemeanors where no penalty is prescribed, as in Code, section 3967, it is only necessary to say that the penalty therein prescribed is such as to make the offense triable on indictment, and hence an information would not lie, and. a justice of the peace would be without jurisdiction. But it is very manifest from the act itself that it was intended to provide the penalties for its violation.