CHAPTER X.

ACTS RELATING TO THE TRANSPORTATION OF ANIMALS.

Act to prevent cruelty to animals while in interstate transit, known as the 28-hour law, Act June 29, 1906, Chapter 3594, 34 Stat. L. 607, U. S. Comp. St. Supp. 1907, p. 918, Fed. Stat. Ann. Sup. 1907, p. 25. Act March 4, 1907, Chapter 2907, 34 Stat. L. 1260 et seq., requiring inspection of meat.

Act March 3, 1905, 33 Stat. L. 1264, Ch. 1496, U. S. Comp. St. Supp. 1909, p. 1185, relating to transportation of animals from quarantine territory.

§ 481. Time Prescribed for Feeding and Unloading Animals in

Transit.

482. Feeding Shall Be at Expense of Owner, Lien Given for Food. 483

Penalty.

484. Meat Inspection Act.

485. Transportation of Animals from Quarantine Territory.

§ 481. Time Prescribed for Feeding and Unloading Animals in Transit. That 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 cannot 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 act to prohibit their continuous confinement beyond the period of twenty-eight hours, except upon the contingencies herein before stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in 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.

Section one of the act.

The Act of March 3, 1873, 17 Stat. L. 584, R. S. U. §§ 4386 to 4390, inclusive, had the same purpose, though was somewhat less comprehensive than the present law.

The old law, and for that matter the present law, did not apply to transportation wholly within a state. United States v. East Tenn., Va. & Ga. R. Co., 13 Fed. 642. The statute constitutional. United States v. Boston & A. R. Co., 15 Fed. 209. Reason for the law stated. United States v. L. & N. R. Co., 18 Fed. 480. Accident to a train due to negligence of the carrier not excuse, the present law is different in this respect, but the decision would probably apply to the law now. Newport N. & M. V. R. Co. v. United States, 61 Fed. 488, 9 C. C. A. 579. The same rule was applied United States v. So. Pac. Co., 157 Fed. 459; followed holding that proof need only be by a preponderance of the evidence, same style case, 162 Fed. 412. Opposite rule adopted United States v. Louisville & N. R. Co., 157 Fed. 979. The rule that action civil affirmed. Montana C. Ry. Co. v. United States, 164 Fed. 400, 90 C. C. A. 388. Under the old law a receiver was not liable, he is expressly named in the present law. United States v. Harris, 85 Fed. 533. Affirmed, same style case, 177 U. S. 305, 44 L. Ed. 780, 20 Sup. Ct. 609. A complaint for penalties must charge that the neglect was wilful, though need not negative exceptions. Action civil not criminal. United States v. Oregon Short L. R. Co., 160 Fed. 526. "Knowingly and wilfully" defined. Terminal railroad within act. United

States v. Sioux City Stock Yards Co., 162 Fed. 556. Affirmed without discussing questions involved, same style case, 167 Fed. 126. Act constitutional. United States v. Oregon R. & Nav. Co., 163 Fed. 640. Objections to allegation must be taken before verdict; action civil; wilful does not mean an evil intent but a violation purposely. New York C. & H. R. R. Co. v. United States, 165 Fed. 833, 91 C. C. A. 519.

"Knowingly and wilfully" defined. United States v. Union Pacific R. Co., 169 Fed. 65, 94 C. C. A. 433; St. Louis & S. F. Ry. Co. v. United States, 169 Fed. 69, 94 C. C. A. 437; Wisconsin Cent. Ry. Co. v. United States, 169 Fed. 76, 94 C. C. A. 444.

Notes of Decisions Rendered Since 1909.

Not a criminal statute subject to the strict rules of construction applied in criminal prosecutions. Montana C. Ry. Co. v. U. S., 164 Fed. 400, 90 C. C. A. 388. No defense that animals detained beyond the statutory limit because of "oversight, forgetfulness and unintentional neglect" of an employee.

Provisions relating to sheep not fatally defective for uncertainty. So. Pac. Co. v. U. S., 171 Fed. 360, 96 C. C. A. 252. Owner's request to extend period to 36 hours must be written and for each shipment, "contingencies hereinbefore steated" defined. U. S. v. Pere Marquette R. Co., 171 Fed. 586. No particular kind of equipment prescribed. U. S. v. St. Louis, I. M. & S. Ry. Co., 177 Fed. 205, 101 C. C. A. 365. Application for extension may be printed or stamped, made before the transportation commences, and may be made by an agent and on a form furnished by the carrier. Wabash R. Co. v. U. S., 178 Fed. 5, 101 C. C. A. 133; Atchison, T. & S. F. Ry. Co. v. U. S., 178 Fed. 12, 101 C. C. A. 140; Missouri, K. & T. Ry. Co. v. U. S., 178 Fed. 15, 101 C. C. A. 143. A terminal company receiving horses which have been kept confined for more than 28 hours and delivering them for a short distance did not violate the statute. Northern Pac. T. Co. v. U. S., 184 Fed. 603, 106 C. C. A. 583; U. S. v. Chicago J. Ry. Co., 211 Fed. 724. Sheep may not be detained more than 36 hours in any case. U. S. v. Atchison, T. & S. F. Ry. Co., 185 Fed. 105, 107 C. C. A. 323. Terminal stock yards railroad sub

ject to provision of act. St. Joseph Stock Yards Co. v. U. S., 187 Fed. 104, 110 C. C. A. 432; See note 110 C. C. A. 435. The statute applies when the shipment passes through a foreign country. Lehigh Valley R. Co. v. U. S., 187 Fed. 1006, 109 C. C. A. 211, affirming U. S. v. Lehigh V. R. Co., 184 Fed. 971. Not sufficient to show that food, rest, etc., could have been had; must show that they were furnished. Chicago, B. & Q. R. Co. v. U. S., 195 Fed. 241, 115 C. C. A. 193, affirming U. S. v. C. B. & Q. R. Co., 184 Fed. 984. That there is room to enable the cattle to lie down does not excapt the movement from the provision of the statute. Erie R. Co. v. U. S., 200 Fed. 406, affirming U. S. v. Erie R. Co., 191 Fed. 941. No willful violation. U. S. v. Chicago, R. I. & P. Ry. Co., 211 Fed. 770. Initial carrier liable here for acts of its agent the terminal carrier. U. S. v. Union Pac. R. Co., 213 Fed. 332, 130 C. C. A. 34. The responsibility of the carrier continues until delivery is completed. U. S. v. Philadelphia & R. Ry. Co., 223 Fed. 202, 206, 207.

Notes of Decisions Rendered Since 1915.

Reasonableness of charges for feeding, watering and resting animals not within the jurisdiction of the Commission. Streever Lumber Co. v. C. M. & St. P. Ry. Co., 34 I. C. C.

1.

Pacific Coast Beef & Provision Co. v. O. S. R. Co., 46 I. C. C. 401. Delay of movement while in the United States although origin and destination in Canada, subject to the statute. Grand Trunk Ry. Co. v. United States, 229 Fed. 116, 143 C. C. A. 392, Ann. Cas. 1917B 1094. Grand Trunk Ry. Co. v. United States, 248 Fed. 905, 161 C. C. A., and cases there cited. Not only must the animals be unloaded, rested and fed, but "in properly equipped pens.' Southern Pacific Co. v. Stewart, 233 Fed. 956, 147 C. C. A. 630. Where the offense is already completed, the carrier thereafter receiving the animals is not guilty. United States v. C. M. & St. P. Ry. Co., 234 Fed. 386. But otherwise when the delivering carrier had kept the animals 34 hours. United States v. Sioux City Terminal Co., 234 Fed. 663. And see United States v. C. M. & St. P. Ry. Co., 250 Fed. 442. Must be "knowingly and wilfully." United States v. C. M. & St.

P. Ry. Co., 245 Fed. 179. Philadelphia & R. Co. v. United States, 247 Fed. 466, 159 C. C. A. 520. United States v. Philadelphia & R. Co., 247 Fed. 469, 159 C. C. A. 523. The charge of the lower court to restriction, due diligence defined. Chicago & N. W. Ry. Co. v. United States, 246 U. S. 512, 62 L. Ed. 859, 38 Sup. Ct. 351, 234 Fed. 268, 148 C. C. A. 170. Duty of carrier when shipper feeds, notice of claim for loss and damage, Federal question. Snyder v. King, Mich. 165 N. W. 840, 1 A. L. R. 893.

§ 482. Feeding Shall Be at Expense of Owner, Lien Given for Food. That 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 one of this act; but nothing in this section shall be construed to prevent the owner or shipper of animals from furnishing food therefor, if he so desires. Section two of the Act.

Notes of Decisions Rendered Since 1915.

Food allowance prescribed by Department of Agriculture. Penn. R. Co. v. Swift & Co., 248 Fed. 315, 242 Fed. 92.

§ 483. Penalty.-That any railroad, express company, car company, common carrier other than by water or the receiver, trustee, or lesse 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 for