« PředchozíPokračovat »
feit 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 opportunity to rest the provisions in regard to their being unloaded shall not apply.
Section three of the Act.
A penalty cannot be assessed for each animal. United States v. Boston & A. R. Co.. 15 Fed. 209. The penalty should be assessed on each train load. United States v. St. Louis & S. F. R. Co., 107 Fed. 870. The shipper may recover his damages unaffected by the act. Southern Pac. Co. v. Arnett, 126 Fed. 75, 61 C. C. A. 131. Where there are several shipments in the same train, each shipment constitutes a separate case upon which for a violation of the act the penalty may be recovered. United States v. Bal. & 0. S. W. R. Co., 159 Fed. 33, 86 C. C. A. 223; United States v. New York C. & H. R. R. Co., 168 Fed. 699, 94 C. C. A. 76. See to same effect. United States v. Atchison, T. & S. F. Ry. Co., 166 Fed. 160. Must show that carrier “knowingly and wilfully” confined the animals longer than twenty-eight hours, the government need not negative exceptions, and confinement in hands of connecting carrier is counted. United States v. Oregon S. L. R. Co., 160 Fed. 526. Action for penalty a civil suit, § 481 supra.
Notes of Decisions Rendered Since 1909.
A penalty for each loading and not for each car where more than one car loaded at same time. Baltimore & 0. R. Co. v. U. S., 220 U. S. 94, 55 L. Ed. 384, 31 Sup. Ct. 368, reversing U. S. v. B. &0. R. Co., 159 Fed. 33, 86 C. C. A. 232, and citing old law, R. S. U. S: Sects. 4386, 4388 and decisions thereunder as follows: U. S. v. Boston & E. R. Co., 15 Fed. 209; U. S. v. St. L. & S. F. R. Co., 107 Fed. 870.
Notes of Decisions Rendered Since 1915.
States, 229 Fed. 116. Chicago & N. W. Ry. Co. v. United
Evil intent not required. Grand Trunk Ry. Co. v. United States, 234 Fed. 272, — C. C. A. - Meaning of wilfully discussed. United States v. Philadelphia & R. Co., 238 Fed. 428.
§ 484. Meat Inspection Act.—The meat inspection act of March 4, 1907, chapter 2907, 34 Stat. L. 1260, contains provisions for the inspection of meats and animals that enter into interstate commerce. The provisions of this act are not generally germane to the subject of this book. One provision, however, does apply and it is here inserted.
That on and after October first, nineteen hundred and six, no person, firm, or corporation shall transport or offer for transportation, and no carrier of interstate or foreign commerce shall transport or receive for transportation from one state or territory or the District of Columbia to any other state or territory or the District of Columbia, or to any place under the jurisdiction of the United States, or to any foreign country, any carcasses or parts thereof, meat, or meat food products thereof which have not been inspected, examined, and marked as “Inspected and passed," in accordance with the terms of this act and with the rules and regulations prescribed by the Secretary of Agriculture: Provided, That all meat and meat food products on hand on October first, nineteen hundred and six, at establishments where inspection has not been maintained, or which have been inspected under existing law, shall be examined and labeled under such rules and regulations as the Secretary of Agriculture shall prescribe, and then shall be allowed to be sold in interstate or foreign commerce.
Eighth paragraph of above Act. § 485. Transportation of Cattle from Quarantine Territory.
Sec. 1. That the Secretary of Agriculture is authorized and directed to quarantine any state or territory or the District of Columbia, or any portion of any state or territory or the District of Columbia, when he shall determine the fact that cattle or other live stock in such state or territory or District of Columbia, are affected with any contagious, infectious, or coinmunicable disease; and the Secretary of Agriculture is directed to give written or printed notice of the establishment of quarantine to the proper officers of railroad, steamboat, or other transportation companies doing business in or through any quarantined state or territory or the District of Columbia, and to publish in such newspapers in the quarantined state or territory or the District of Columbia, as the Secretary of Agriculture may select, notice of the establishment of quarantine.
Sec. 2. That no railroad company or the owners or masters of any steam or sailing or other vessel or boat shall receive for transportation or transport from any quarantined state or territory or the District of Columbia, or from the quarantined portion of any state or territory or the District of Columbia. any cattle or other live stock, except as hereinafter provided; nor shall any person, company or corporation deliver for such transportation to any railroad company, or to the master or owner of any boat or vessel, any cattle or other live stock, except as hereinafter provided; nor shall any person, company, or corporation drive on foot or cause to be driven on foot, or transport in private conveyance or cause to be transported in private conveyance, from a quarantined state or territory or the District of Columbia, or from the quarantined portion of any state or territory or the District of Columbia, into any other state or territory or the District of Columbia, any cattle or other live stock, except as hereinafter provided.
Sections 1 and 2 of Act March 3, 1905. Statute discussed and demurrer to an indictment thereunder sustained. U. S. v. El Paso & N. E. R. Cc., 178 Fed. 846.
TRUST AND OTHER COMBINATIONS IN RESTRAINT OF TRADE.
§ 486. Contracts, Combinations and Conspiracies in Restraint of In
terstate Commerce Illegal. 487. Monopolies and Conspiracies and Combinations to Monopo
lize Interstate Trade Illegal. 488. Prohibition Applies to Territories and Between States and
Territories. 489. Courts Given Jurisdiction to Enjoin Violations of Act. 490. Practice with Reference to Parties and Service of Subpænas
Thereon. 491. Property Owned under a Contract Violating This Act Being
in Course of Interstate Transportation May Be Seized and
Forfeited. 492. Measure of Damages in Favor of Person Injured. 493. Person Includes Corporation and Association. 494. Act of August 28, 1894, So Far as It Relates to Trusts and
Combinations in Restraint of Trade. 495. Clayton Act. Definitions. 496. Price Discrimination Prohibited. 497. Lease or Sale of Patented Articles. 498. Damages May Be Recovered by Person Injured. 499. Effect of Final Judgments in Criminal Prosecutions. 500. Labor Not a Commodity. 501. Acquisition by a Corporation of Stock in Another Corpora
tion, When Prohibited. 502. Interlocking Directorates, When Prohibited. 503. Punishment of Corporate Officers. 504. Certain Contracts of Common Carriers Must Be Let by Com
petitive Bids. 505. Authority to Enforce Certain Provisions of Act Vested in
Interstate Commerce Commission, Federal Reserve Board
and Federal Trade Commission. 506. Procedure for Hearings by Boards Vested with Jurisdiction
under Act. 507. Effect of the Orders of Boards. 508. Judicial Proceedings to Enforce the Orders of the Boards. 509. Venue of Suits. 510. Attendance of Witnesses. 511. Guilt of Corporation Deemed Guilt of Officers. 512. District Courts Invested with Jurisdiction to Prevent Viola
tions of the Act. 513. Private Persons May Obtain Injunctive Relief, When. 514. Procedure in the Issuance of Temporary Restraining Orders.
515. Security Before Issuing Restraining Orders When Required. 516. What Injunction Orders Shall Contain. 517. Injunctions in Suits Between Employer and Employee 518. Disobedience of Orders of Court. 519. Same Subject. Procedure Prescribed. 520. Right to a Trial by Jury Provided for. 521. Review of Convictions for Violation of Court Orders. 522. Provision for Trial for Disobedience to Orders of Courts Not
Applicable to Contempt Committed in the Presence of the
Court. 523. Limitation in Proceedings for Contempt. 524. That Part of the Act Invalid, Not to Affect Validity of Other
Portions. 525. Dumping Prohibited.
§ 486. Contracts, Combinations and Conspiracies in Restraint of Interstate Commerce Illegal.-Every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal. Every person who shall make any such contract or engage in any such combination or conspiracy, shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be punished by fine not exceeding five thousand dollars, or by imprisonment not exceeding one year, or by both said punishments, in the discretion of the court.
Section one of the Act of July 2, 1890, known as the Sherman Anti-Trust Act.
Agreement between carriers to fix and maintain rates condemned. Freight Bureau of Cincinnati v. Cincinnati, N. 0. & T. P. Ry. Co., 6 I. C. C. 195, 4 I. C. R. 592, 618. Commission has no authority to execute anti-trust law. Sprigg v. Baltimore & 0. R. Co , 8 I. C. C. 443. A noncompetitive rate deprives it of value as a standard. Mayor of Wichita v. A. T. & S. F. Ry. Co., 9 I. C. C. 534, 552. Rates advanced by concert of action “must be presumed to be higher than rates which unrestrained competition would produce.” Central Yellow Pine Asso. v. lll. Cent. R. Co., 10 I. C. C. 505, 540, 541, 512. Order of Commission enforced. Ill. Cent. R. Co. v. Int. Com. Com., 206 U. S. 441, 51 L. Ed. 1128, 27 Sup. Ct. 700; Tift v. Southern Ry. Co., 10 I. C. C. 518, 579. Order enforced. 138 Fed. 7533 ; So. Ry. Co. v. Tift, 148 Fed. 1021,