REPORT OF THE SECRETARY. 251 



cuFe, and the department found itself very much handicapped in 

 the enforcement of this provision. The shipment of game in A'iolation 

 of local laws "was as much within the spirit of the act as the shipment 

 of game killed contrary to law. 



Under the enlargement of the act, as it now appears in the Penal 

 Code, the department has been able to report a substantial number of 

 cases to the Attorney General, and success has crowned the efforts of 

 the department to check illicit interstate commerce in game. 



Since July 1, 1906, there have been reported to the Attorney Gen- 

 eral 74 cases for violation of the act, and convictions have been 

 secured in 22 of these. 



THE TWENTY-EIGHT HOUR LAW. 



The act of June 29, 1906, commonly known as the twenty-eight 

 hour law, is a reenactment, with substantial and important amend- 

 ments, of the act of March 3, 1873. The original act was intended to 

 prevent cruelty to animals while in transit in interstate commerce; 

 but, in its endeavor to enforce the act, the department was confronted 

 with several decisions of the courts which narrowed its operation to 

 such an extent that the benefits which were expected to accrue from 

 its execution were in a considerable measure lost. 



It had been held that the law did not apply to the receivers of rail- 

 roads, and that it did not cover animals moving from a State into a 

 Territor}', or from a Territory into a State; both serious omissions 

 at that time. Under the old law animals in transit were unloaded 

 under circumstances of brutality and into pens in which the mud 

 was 2 feet or more deep. The facilities for feeding, watering, and 

 resting in the pens into which they were unloaded were entirely 

 inadequate. There was no provision in this law for the owner of the 

 stock, if he so elected, to furnish their food, and the carriers, under 

 the provision giving them a lien upon the stock for their food, accu- 

 mulated exorbitant charges against the stockmen. The requirement 

 was peremptory that the stock be unloaded at the expiration of 28 

 hours. This in many cases operated not only disadvantageously to 

 the stock themselves, but also to the owners and shippers, since by 

 continuing the trip a few more hours the stock could have been de- 

 livered at their destination under circumstances both humane to the 

 animals and profitable to their owners. The amendments which were 

 recommended by the department were embodied by Congress in the 

 act of June 29, 1906, and the law has been rigidly enforced during 

 the entire time since its passage. 



Since July 1, 1906, there have been reported to the Attorney Gen- 

 eral 3,795 cases, of which 1,784 have resulted in judgments for the 

 United States and the payment into the Treasury of $212,745. 



