any steam, sailing, or other vessel who knowingly and wilfully 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 opportunity to rest the provisions in regard to their being unloaded shall not apply. Section 3 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. & O. 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.-Section 667, ante.

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 & O. R. Co. v. U. S., 220 U. S. 94, 55 L. Ed. 384, 31 Sup. Ct. 368, reversing U. S. v. B. & O. R. Co., 159 Fed. 33, 86 C. C. A. 232, and citing old law, R. S. U. S. Secs. 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.

Evil intent not required.-Grand Trunk Ry. Co. v. United States, 234 Fed. 272. Meaning of "wilfully" discussed.United States v. Philadelphia & R. Co., 238 Fed. 428.

Notes of Decisions Rendered Since 1920. Connecting carrier not liable for acts of a preceding carrier (C. C. A.), 284 Fed. 818.

§ 670. Meat-Inspection Act. The Meat Inspection Act of March 4, 1907, chapter 2907, 34 Stat. 1260, 21 U. S. C. A., Sec. 71 et seq., 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, 21 U. S. C. A., Sec. 78.

§ 671. Transportation of Animals 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, in

fectious, or communicable 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 of March 3, 1905, 21 U. S. C. A., Secs. 123 and 124. Statute discussed and demurrer to an indictment thereunder sustained.-U. S. v. El Paso & N. E. R. Co., 178 Fed. 846.

Federal Control.

The first step in the federal control of railways was the enactment of a provision in the Appropriation Act of August 29, 1916. The provision is quoted in the proclamation following:

A Proclamation.

Whereas the Congress of the United States, in the exercise of the constitutional authority vested in them, by joint resolu- . tion of the Senate and House of Representatives bearing date April 6, 1917, resolved:

That the state of war between the United States and the Imperial German Government which has thus been thrust upon the United States is hereby formally declared; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial German Government; and to bring the conflict to a successful termination all of the resources of the country are hereby pledged by the Congress of the United States.

And by joint resolution bearing date of December 7, 1917, resolved:

That a state of war is hereby declared to exist between the United States of America and the Imperial and Royal AustroHungarian Government; and that the President be, and he is hereby, authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial and Royal Austro-Hungarian Government; and to bring the conflict to a successful termination all the resources of the country are hereby pledged by the Congress of the United States.

And whereas it is provided by section 1 of the Act approved August 29, 1916, entitled "An Act making appropriations for the support of the Army for the fiscal year ending June 30, 1917, and for other purposes," as follows:

The President in time of war is empowered, through the Secretary of War, to take possession and assume control of any system or systems of transportation, or any part thereof,

and to utilize the same to the exclusion, as far as may be neces sary, of all other traffic thereon, for the transfer or transportation of troops, war material, and equipment, or for such other purposes connected with the emergency as may be needful or desirable.

And whereas it has now become necessary in the national defense to take possession and assume control of certain systems of transportation and to utilize the same, to the exclusion, as far as may be necessary, of other than war traffic thereon, for the transportation of troops, war material, and equipment therefor, and for other needful and desirable purposes connected with the prosecution of the war;

Now, therefore, I, Woodrow Wilson, President of the United States, under and by virtue of the powers vested in me by the foregoing resolutions and statute, and by virtue of all other powers thereto me enabling, do hereby, through Newton D. Baker, Secretary of War, take possession and assume control at 12 o'clock noon on the 28th day of December, 1917, of each and every system of transportation and the appurtenances thereof located wholly or in part within the boundaries of the continental United States and consisting of railroads and owned or controlled systems of coastwise and inland transportation engaged in general transportation, whether operated by steam or electric power, including also terminals, terminal companies, and terminal associations, sleeping and parlor cars, private cars and private car lines, elevators, warehouses, telegraph and telephone lines, and all other equipment and appurtenance commonly used upon or operated as a part of such rail or combined rail-and-water systems of transportation; to the end that such systems of transportation be utilized for the transfer and transportation of troops, war material, and equipment, to the exclusion so far as may be necessary of all other traffic thereon; and that so far as such exclusive use be not necessary or desirable such systems of transportation be operated and utilized in the performance of such other services as the national interest may require and of the usual and ordinary business and duties of common carriers.

It is hereby directed that the possession, control, operation, and utilization of such transportation systems, hereby by me undertaken, shall be exercised by and through William G.