848 ANNUAL. REPORTS OF DEPARTMENT OF AGRICULTURE. 



humanoly liandled. Of the need for such a provision of law there can 

 be no doubt. 



Nor could it be said that Congress would be very far in advance of 

 the state legislatures in enacting such a measure. The act of March 

 19, 1903 (di. 144, Laws of North Dakota, 1903, p. 195), provides, 

 in effect, that common carriers engaged in the transportation of live 

 stock shall maintain on all stock trams within the State an average 

 minimum speed of not less than 20 miles per hour. The act of April 4, 

 1905 (ch. 5, Laws of Nebraska, p. 57), provides, in effect, that it 

 shall be the duty of stock-yards companies to unload live stock within 

 one and one-half hours from the time of arrival at the tracks connect- 

 ing with the yards and the tender of the live stock to the company. 

 Section 10606 (Stock shipments, rate of speed) of the act of March 29, 

 1909 (Laws of Nebraska, 1909, ch. 96, p. 403), provides, in effect, that 

 common carriers shall transport live stock at a minimum speed of not 

 less than 18 miles per hour. The supreme court of that State (in 

 Grain v. Chicago, Burlington and Quincy R. R. Co., 122 N. W., 31) 

 has declared this statute constitutional. The act of March 7, 1907 

 (ch. 276, Laws of Kansas, 1907, p. 448), provides, in effect, that 

 common carriers shall transport live stock at a minimum speed of 

 not less than 15 miles per hour. The act of April 10, 1907 (ch. 115, 

 Laws of Iowa, 1907, p. 119), provides, in effect, that common carriers 

 shall move cars of live stock at the highest speed consistent with 

 reasonable safety, and that the board of railroad commissioners shall 

 determine the speed at which live stock shall be moved. The act of 

 May 17, 1907 (Laws of Ilhnois, 1907, p. 264), provides, in effect, that 

 live stock shall not be confined by a common carrier in any car longer 

 than thirty-six consecutive hours, at the expiration of which time 

 they shall be fed and watered. A California statute (Laws of 1905, 

 ch. 512) prescribes thirty-six hours as the maximum period of con- 

 finement of live stock by carriers without unloading for food, water, 

 and rest. The period of rest must be at least ten consecutive hours. 

 The act of 1905 (Laws of Florida, ch. 51) makes twenty-eight hours 

 the maximum period of confinement of live stock by carriers, and also 

 provides a maximum of three hours for detention in the cars at desti- 

 nation. A bill (H. R. 19041) was introduced in the House last session 

 requiring carriers to maintain a minimum speed of not less than 16 

 miles per hour on all stock trains in interstate commerce. It was 

 referred to committee, no further action being taken. This measure 

 was prepared by me, at the request of persons interested in the pro- 

 tection of live stock in transit. 



DECISIONS OP THE COURTS. 



During the fiscal year 1910 the following important decisions were 

 handed down in cases arising under the twenty-eight hour law: 



United States v Southern Pacific Company. 

 (Circular No. 20, Office of the Solicitor; not reported in the Federal Reporter.] 



It was charged in this case that the Southern Pacific Company had failed to comply 

 with the provisions of the statute in that they unloaded stock into pens which were not 

 properly equipped for feeding, resting, and watering live stock, as required by the act. 

 In charging the jury Judge Bean stated that the purpose of the act was to prevent or 

 reduce to a minimum the cruelty incident to the transportation of live stock. Stating 



