ALCOHOL.

Tax on, see INTERNal revenue.

ALIENS.

See CITIZENSHIP; IMMIGRATION; NATURALIZATION.

AMBASSADORS.

See DIPLOMATIC AND CONSULAR OFFICERS.

AMERICAN ANTIQUITIES.

See ANTIQUITIES.

AMERICAN NATIONAL RED CROSS.

See CHARITIES.

AMERICAN REPUBLICS.

See STATE DEPARTMENT.

ANIMAL INDUSTRY, BUREAU OF.

See AGRICULTURE.

ANIMALS.

Act of June 29, 1906, Ch. 3594, 43.

Sec. 1. Transportation of Animals — Time Limit for Continuous Confinement on Extension of Time by Written Request — Time of

Cars and Vessels

Unloading and Loading Not Included - Sheep, 43.

2. Feeding Animals at Expense of Owner Lien upon Animals for Costs Owner May Furnish Food, 44.

3. Penalty for Noncompliance-Exception, 45

4. Prosecutions, 45.

5. Repeals, 46.

Act of March 4, 1907, Ch. 2907, 46.

Sec. 1. Meat and Meat Animal Inspection - Examination of Animals Before Killing - Diseased Animals to Be Set Apart, etc., 46.

Post-mortem Examination at Packing, etc., Houses-Labeling - Destruc-
tion of Condemned Meats Reinspection, etc., 46.
Examination Before Use for Food Products
of Goods, 47.

Inspectors to Be Appointed at Canning, etc., Establishments — Marks of
Inspection-Destruction if Unfit for Food - Application to Expor
Trade Domestic Use, 47.

Marking Receptacles - Supervision by Inspectors - Sales under Fal.e
Names Prohibited Trade Names Allowed, 48.

Sanitary Inspection of Establishments - Rejection of Products if Conai tions Insanitary, 48.

Inspection at Night, 49.

Interstate Transportation of Meats, etc., Not Inspected, Prohibited

Clearances Refused unless Certificate Obtained-Waiver of Certificate, 45
Inspection of Meats, etc., for Export, 50.

Products of Establishments Violating Law, Not to Be Sold, Transporte..

Appointment of Inspectors - Duties - Rules and Regulations, 50.
Punishment for Bribing, etc., Officials - Accepting Gifts, etc., by Officials.

51.

Exceptions to Farmers, Retailers, etc. Punishment for Sale, etc., oj
Unwholesome Products - Maintenance of Inspection Authorized, 51.
Detailed Report of Estimates, 52.

Act of May 23, 1908, Ch. 192, 52.

Sec. 1. Inspection of Dairy Products for Export — Serums, etc., for Treatment

of Diseases of Animals, 52.

An Act To prevent cruelty to animals while in transit by railroad or other means of transportation from one State or Territory or the District of Columbia into or through another State or Territory or the District of Columbia, and repealing sections forty-three hundred and eighty-six, forty-three hundred and eighty-seven, forty-three hundred and eighty-eight, forty-three hundred and eighty-nine, and forty-three hundred and ninety of the United States Revised Statutes.

[Act of June 29, 1906, ch. 3594, 34 Stat. L. 607.]

[SEC. 1.] [Transportation of animals — time limit for continuous confinement on cars and vessels extension of time by written request-time of unloading and loading not included sheep.] 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 can not 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 hereinbefore stated: Provided, That it shall not be required that sheep be unloaded in the nighttime, but where the time expires in the nighttime in case of sheep the same may continue in transit to a suitable place for unloading, subject to the aforesaid limitation of thirtysix hours. [34 Stat. L. 607.]

The purpose of this statute is twofold to insure humane treatment of animals while in transportation and to subserve the interests of the owner or shipper as far as possible in consonance with such treatment. Ü. S. v. Oregon R., etc., Co., 163 Fed. 640.

The plain intent of the Act is to prohibit the continuous confinement of live stock by transportation companies more than the number of hours specified at any one time, and it is immaterial that a part of the period of confinement elapses while the stock are in the possession of a connecting carrier. U. S. v. Oregon Short Line R. Co., 160 Fed. 526.

This statute comes within the constitutional right of Congress. U. S. v. New York Cent., etc., R. Co., 156 Fed. 250.

The provision that the period of confinement may be extended from twenty-eight to thirty-six hours by consent of the owner or shipper does not render the Act unconstitutional as a delegation of legislative power.

The waiver by the shipper of a detriment to himself is not an act of legislation. U. S. v. Oregon R., etc., Co., (1908) 163 Fed. 640.

Persons affected. A stockyards company, which is authorized to acquire real estate, construct and maintain railroad tracks thereon, and own or lease and operate locomotives and cars upon and over the same, and which has acquired real estate and constructed some seven miles of tracks thereon, and owns three locomotives which it operates with its own employees upon such tracks in hauling cars of all railroad companies, loaded with live stock or packing-house products is a railroad company or common carrier other than by water, within the meaning of this Act. U. S. v. Sioux City Stockyards Co., 162 Fed. 556.

Live stock had been carried into a state by a railroad which connected with the defendant, the animals having been confined en route for forty-three hours when they were accepted by the defendant company. The defendant

transported them a short distance to its pens, for rest, watering, and feeding, where they arrived about four hours after acceptance. On demurrer to a complaint alleging these matters, it was contended by the defendant that when the period of twenty-eight hours specified in the statute elapsed, the initial carrier had the possession of the animals, and therefore that it only could be held liable for an infraction of the law. For the government it was rejoined that by accepting the stock after twenty-eight hours had elapsed the defendant was prima facie guilty. The court held that the complaint sufficiently alleged a cause of action. U. S. v. New York Cent., etc., R. Co., 156 Fed. 250.

If

An unavoidable accident or occurrence is one which cannot be avoided by that degree of prudence, foresight, care, and caution which the law requires of every one under the circumstances of the particular case; that is, such care and caution as would have been exercised by a man of ordinary prudence under the circumstances of the particular case. an accident occurs to a train on which stock is being transported, and the accident is caused by the negligence of the company so transporting the stock, and as a result of the negligence and accident the stock is confined for a longer period than the statutory time, it is no excuse for the violation of the law. U. S. v. Southern Pac. Co., 157 Fed. 459.

Failure to provide unloading stations, congested traffic conditions reasonably to be anticipated from past experience, and breakdowns en route resulting from negligent operation or omission to furnish properly equipped and inspected engines and cars are not accidental or unavoidable causes which cannot be anticipated and avoided by due diligence and foresight. U. S. v. Atchison, etc., R. Co., 166 Fed. 160, 163.

Mere press of business is no excuse for confining stock for a longer period than the time allowed by the law, U. S. v. Union Pac. R. Co., (C. C. A.) 169 Fed. 68; U. S. v. Southern Pac. Co., 157 Fed. 459. And sidetracking to allow passenger trains or fast freight trains the right of way is no excuse or defense

for the violation of the law, providing the meeting of such trains could have been anticipated at the time the stock train was dispatched from its loading point. In such a case it is the duty of the carrier to provide sidings and sufficient tracks properly to handle its business and to avoid carrying stock for a period longer than the law prescribes. And it is the further duty of the carrier to provide a sufficient number of suitably equipped corrals or stockyards in which to unload stock which it may undertake to transport, and in which the stock may have suitable care, food, water, and rest. In other words, the company must transact its business in view of its known condition, and if the traffic on the road is so congested that any one would reasonably know that it would not be possible to get a train of stock through between two unloading points within the time prescribed by law, the carrier is responsible therefor. It must exercise reasonable care and foresight, and when it knows that there is any cause which would prevent the delivery of the stock it should not accept the animals. U. S. v. Southern Pac. Co., 157 Fed. 459.

The words "in the nighttime," with reference to the unloading of sheep, mean the period between the termination of daytime on the evening of one day and the earliest dawn of the next morning. U. S. v. Southern Pac. Co., 157 Fed. 461.

The meaning of this express provision is that, where the twenty-eight-hour period expires in the nighttime, the carrier is authorized to continue the confinement of sheep for thirty-six hours, even without the shipper's request, but not longer than thirty-six hours, as declared by the proviso "subject to the aforesaid limitation of thirty-six hours." Where the thirty-six-hour period will expire in the nighttime, the carrier should unload during the preceding day. U. S. v. Atchison, etc., R. Co., 166 Fed. 160, 163.

This statute must be strictly construed. U. S. v. New York Cent., etc., R. Co., 156 Fed. 251.

See also infra, notes to other sections.

SEC. 2. [Feeding animals at expense of owner-lien upon animals for costs - owner may furnish 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. [34 Stat. L. 608.]

SEC. 3. [Penalty for noncompliance - exception.] That any railroad, express company, car company, common carrier other than by water, or the receiver, trustee, or lessee 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 forfeit and pay a penalty of not less than one hundred nor more than five hundred dollars: Provided, That when animals are carried in cars, boats, or other vessels in which they can and do have proper food, water, space, and cpportunity to rest the provisions in regard to their being unleaded shall not apply. [34 Stat. L. 608.]

The terms "knowingly and wilfully," as used in this law, do not import an evil or criminal intent, but mean that the acts were done intentionally or purposely. U. S. v. Sioux City Stock Yards Co., 162 Fed. 556; New York Cent., etc., R. Co. v. U. S., (C. C. A.) 165 Fed. 840; U. S. v. Atchison, etc., R. Co., 166 Fed. 163; U. S. v. Union Pac. R. Co., (C. C. A.) 169 Fed. 65; St. Louis, etc., R. Co. v. U. S., (C. C. A.) 169 Fed. 71. "Knowingly' evidently means with a knowledge of the facts which taken together constitute the failure to comply with the statute, as is the case where one carrier receives from another a car loaded with cattle, and, with knowledge of how long they then had been confined in the car without rest, water, or food, prolongs the confinement until the statutory limit is exceeded." St. Louis, etc., R. Co. v. U. S., 169 Fed. 69.

Where a railroad company, as soon as it learns that live stock coming into its custody have been confined for a greater period than that allowed by the statute, thereupon, with all reasonable dispatch with the facilities at its command, unloads them, it does not incur the penalty of the statute. U. S. v. Sioux City Stock Yards Co., 162 Fed. 556.

Knowledge of a railroad company's servants and agents that animals are being

transported in violation of the provisions of this Act is knowledge of the company, and renders the company liable to the penalty provided by the above section. Montana Cent. R. Co. v. U. S., (1908) 164 Fed. 400.

Penalty. Several offenses may be committed in the transportation of a single train load, as the statute deals with separate shipments or consignments each of which requires the imposition of the penalty. U. S. v. Southern Pac. Co., 157 Fed. 463; U. S. v. Baltimore, etc., R. Co., 159 Fed. 33, 86 C. C. A. 223, followed in New York Cent., etc., R. Co. v. U. S., 165 Fed. 843, and U. S. v. New York Cent., etc., R. Co., (C. C. A.) 168 Fed. 699; U. S. v. Atchison, etc., R. Co., 166 Fed. 164. there are as many violations of the law, even though it should be in relation to the same stock on the same train, as the periods of confinement of the stock between loading and the next unloading may be in excess of the statutory time prescribed for such confinement between the point of original departure and the final destination of that particular shipment. U. S. v. Southern Pac. Co., 157 Fed. 459.

And

When there has been a verdict in favor of the government the duty of fixing the amount of the penalty devolves upon the court. U. S. v. Southern Pac. Co., 162 Fed. 414.

SEC. 4. [Prosecutions.] That the penalty created by the preceding sections. shall be recovered by civil action in the name of the United States in the circuit or district court holden within the district where the violation may have been committed or the person or corporation resides or carries on business; and it shall be the duty of United States attorneys to prosecute all violations of this Act reported by the Secretary of Agriculture, or which come to their notice or knowledge by other means. [34 Stat. L. 608.]

con

Nature of proceeding. So far as the ordinary rules of pleading and proof are cerned a suit under this statute is to be regarded as a civil proceeding. U. S. v. Southern Pac. R. Co., 157 Fed. 459; U. S. v. Southern Pac. R. Co., 162 Fed. 412; Montana Cent. R. Co. v. U. S., 164 Fed. 400; New York Cent., etc., R. Co. v. U. S., (C. C. A.) 165 Fed, 837. Contra, U. S. v. Louisville, etc., R. Co., 157 Fed. 979.

The proceeding for a violation of the Act being of a civil nature, the government is bound to support its case by only a preponderance of evidence. U. S. v. Southern Pac. Co., 157 Fed. 462; New York Cent., etc., R. Co. v. U. S., (C. C. A.) 165 Fed. 837. And for the same reason writ of error lies at the instance

of the government.

U. S. v. Baltimore, etc., R. Co., 159 Fed. 33, 86 C. C. A. 223; Montana Cent. R. Co. v. U. S., (C. C. A.) 164 Fed. 400; U. S. v. New York Cent., etc., R. Co., (C. C. A.) 168 Fed. 699.

Venue. Neither section 2 of article 3 of the Constitution nor the Sixth Amendment thereto operates to require that an action to recover a penalty incurred out of the limits of a state under this Act be brought or tried in the district wherein the violation occurs; and such an action lawfully may be brought and tried in the district wherein the defendant resides or carries on business, as is provided in the above section. St. Louis, etc., R. Co. v. U. S., (C. C. A.) 169 Fed. 69.

Allegations of declaration or complaint and