Southern Ry. Co. v. United States

FOSTER, Circuit Judge.

Appellant, Southern Railway Company, was convicted of violating the penal provisions of section 18 of the rivers and harbors act of March 3, 1899 (33 U.S.C.A. § 502) on an information which charged willful refusal and failure to obey an order of the Secretary of War to alter a railroad bridge, owned and controlled by it, over the Tombigbee river at Jackson, Ala. A fine of $1,000 was imposed. Error is assigned to the overruling of a demurrer.

The information recited the order of the Secretary of War, which specified the alterations to be made, and alleged;

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