Washington.- Prohibited by Constitution, art. 12, § 22, which declares that trusts and monopolies shall never be allowed in the State. No statute up to 1906.

West Virginia.- Governed by the rules of the common law. No statute up to 1906.

Wisconsin-Laws 1893, chap. 219; Rev. Stat. 1898, §§ 1747, e. f. g. 1791. Liability of trust confined to damages to injured party and injunction to dissolve the trust.

Wyoming. Constitution, art. 10, § 8, prohibits consolidations or combinations to prevent competition or control prices of products in any manner.

§ 61. As to Right of Eminent Domain-Act of July 24, 1866. Under the act of Congress, passed July 24, 1866 (U. S. Rev. Stat., § 5263 et seq.), whereby rights are conferred upon telegraph companies to construct and operate their lines through and along and over the public domain, military or post roads and navigable waters of the United States, no power is given to such telegraph companies to enter upon private property without the consent of the owner. Nor does the statute confer upon such telegraph companies the right of eminent domain. (Western Union Telegraph Co. v. Pennsylvania R. R. Co., 195 U. S. 540.)

The right of way secured by a railroad company is property devoted to public use. It is a public highway, and, as such, is subject to State and Federal control, but such property is deemed to be private to the extent that it can only be taken from the railroad company by another public service corporation, by the exercise of the right of eminent domain. The statutes of the State of New Jersey under which the appellant claimed the right to enter upon the land embraced in the right of way of the respondent, the Pennsylvania Railroad Company, did not, in terms, confer the right of eminent domain upon the telegraph company. The right of eminent domain cannot be delegated, and the lessee of the corporation cannot exercise the power of condemnation conferred by the Legislature upon the lessor, nor does the Telegraph

LIABILITY UNDER SAFETY APPLIANCE LAW.

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Act of July 24, 1866 (U. S. Rev. Stat., § 5263 et seq.), confer the right of eminent domain upon telegraph companies. (Western Union Telegraph Co. v. Pennsylvania R. R. Co., 195 U. S. 594.)

XII. SAFETY APPLIANCE LAW.

§ 62. Safety Appliance Law - Automatic Couplers, Different Types - Liability of Carrier to Employee.-A railroad company is liable to a brakeman in its employ, who sustains injury by reason of the fact that defendant's cars were equipped with couplers which would not couple automatically by impact, pursuant to the provisions of the Safety Appliance Law of March 2, 1893.* Plaintiff was ordered to go between the engine and dining car to perform the service of coupling. Both cars were equipped respectively with the Janney coupler and the Miller hook, automatic couplers, but of different types. Because of the difference in pattern of the couplers they would not couple automatically by impact. The court held that the object of the statute was to protect the lives and limbs of railroad employees by rendering it unnecessary for a man, in order to operate the couplers, to go between the ends of the car. The legislative intent was to promote the public welfare and to secure safety to employees and passengers. The risk of coupling and uncoupling was the evil sought to be remedied, and in this aspect the statute was remedial, while with respect to recovering penalties, the statute might be construed as penal. The design to give relief was more dominant than to inflict punishment. (Johnson v. Southern Pacific Co., 196 U. S. 1.)

863. Safety Appliance Law - Penalties - Liability of Carrier for Penalty.-A car loaded with coal in one State to be delivered to a consignee in another State, is "used in moving interstate traffic" within the meaning of the Safety Appliance Law (Act approved March 2, 1893, chap. 196),

For text of the Act, see Snyder's Interstate Commerce Act, page.

when taken by the carrier from the place of loading, although the carrier undertook to deliver it to a connecting carrier within the same State. The words of the statute, "any car," means all kinds of cars running on the rails, including locomotives. (Johnson v. Southern Pacific Co., 196 U. S. 1.) A car not equipped with couplers which will not couple automatically by impact, is forbidden to be used by the statute, and the use of such car is unlawful. (District Court, southern district Illinois, March 2, 1905. United States v. Southern Ry. Co., 135 Fed. Rep. 122.)

The court held further that the defense interposed should be treated as similar defenses involving the question of intent under the revenue laws, and of good faith under statutes against handling adulterated goods, which are not tenable in prosecutions to recover the statutory penalty. It appeared also that the alleged inspection shown by defendant was almost farcical, and that government inspectors found many defective appliances in a number of cars. Defendants held liable. (United States v. Southern Ry. Co., 135 Fed. Rep. 122.)

The case cited was brought by the United States under section 6 of the Safety Appliance Law of March 2, 1893, to recover a penalty of $100 imposed by the act for "each and every violation" of the provisions of the act. The defense interposed was that if the car had been originally equipped with the coupling device required by law, the carrier would not be liable for using a defective appliance if it had exercised reasonable care and diligence to discover and repair the defect before placing the car in service. The court held that while the act was penal in its nature and must be construed strictly, such construction must be given to it as will fairly carry out the legislative intent. (Johnson v. Southern Pacific Co., 196 U. S. 1.)

CHAPTER THREE.

Legislation of 1906, Relating to Interstate Commerce Containing Text of

EMPLOYERS' LIABILITY BILL; PURE FOOD BILL; MEAT INSPECTION BILL, AND HALL-MARK OR JEWELERS' LIABILITY BILL.

In addition to the amendments to the Interstate Commerce Act, and to the Elkins Act, relating to carriers engaged in interstate commerce, the first session of the Fifty-ninth Congress enacted the Employers' Liability Bill, giving to the legal representatives of a deceased employee, in the service of a common carrier, a cause of action against the employer for damages for injuries resulting in the death of the employee, through the negligence of the carrier.

Other important legislation was enacted, concerning not only the great transportation companies operating the highways of the nation, but relating to general business carried on by individuals, firms, and corporations employing millions of capital in various enterprises, including the preparation and sale of food products, provisions, and dressed meats, drugs, medicines, and liquors, and in the manufacture and sale of jewelry and merchandise manufactured from gold and silver and their alloys. The legislation with regard to meats and provisions, drugs, and liquors affects the public health, and the object sought is to secure pure food. The legislation with regard to merchandise made with the precious metals was intended to make honesty compulsory as to the true value of the articles sold, and to compel their true

weight and fineness to be stamped or branded thereon. The warrant for these laws, it is claimed, is contained in the power conferred upon Congress, under the Constitution, to regulate commerce among the States and with foreign nations.

This legislation is embraced in four statutes as follows: The Employers' Liability Bill, entitled "An Act relating to liability of common carriers in the District of Columbia and Territories and common carriers engaged in commerce between the States and between the States and foreign nations to their employees." (Approved June 11, 1906.)

The Pure Food Bill, entitled "An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes." (Approved June 30, 1906.)

The Meat Inspection Bill, contained in the bill making appropriations for the Department of Agriculture, entitled "An Act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and seven." (Approved June 30, 1906.)

The Hall-Mark, or Jewelers' Liability Bill, entitled “An Act forbidding the importation, exportation, or carriage in interstate commerce of falsely or spuriously stamped articles of merchandise made of gold or silver or their alloys, and for other purposes." (Approved June 13, 1906.)

The public health is also safeguarded by the bill extending the powers of the national quarantine, entitled "An Act to further protect the public health, and make more effective the national quarantine." (Approved June 19, 1906.)

Employers' Liability Bill.-One feature of the Employers' Liability Bill is, that it creates a new rule of evidence with