Legal Opinion

United States v. Southern Ry. Co.

U.S. Circuit Court for the District of South Carolina

Decided May 1, 1911Published

Indictment of the Southern Railway Company for violating Act Cong. IVRrch 3, 1905. On demurrer to indictment.

1Opinion of the Court

BRAWLEY, District Judge.

The question raised by this demurrer is important to all engaged in the raising of cattle, and as the conclusion reached by the court differs from that in the only two cases which have been reported, it is well to state the reasons for that conclusion. The question raised is stated in the demurrer as follows:

“The act of March 3, 1905, which makes it unlawful for any railroad company to receive for transportation or transport from any quarantined stale or territory, or from the quarantined portion of any such state or territory, into any other state or territory, any…

2Cases cited13 opinions

  1. The Daniel BallSupreme Court of the United States · 1871
  2. Leisy v. HardinSupreme Court of the United States · 1890
  3. Durland v. United StatesSupreme Court of the United States · 1896
  4. Brown v. DuchesneSupreme Court of the United States · 1857
  5. Caha v. United StatesSupreme Court of the United States · 1894

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