United States v. Pere Marquette R.

HOLT, District Judge.

This action is brought to recover a penalty under Act June 29, 1906, c. 3594, 34 Stat. 607 (U. S. Comp. St. Supp. 1907, p. 918), entitled “An act to prevent cruelty to animals while in transit,” commonly called the “28-Hour Act.” The act provides, in substance, that no railroad transporting cattle between the states shall confine them in cars — •

“for a period longer than twenty-eight consecutive hours without unloading the same in a humane maimer, into properly equipped pens for rest, water, and feeding, for a period of at least five consecutive hours, unless prevented by…