United States v. Northern Pac. Ry. Co.

JOYCE, District Judge.

For the. purpose of deciding whether the court has power to relieve the defendant from the payment of costs to plaintiff, the parties in this case have stipulated the following facts:

“(1) That defendant has violated the provisions of the Federal Safety Appliance Acts in all respects as alleged in the complaint ;

“(2) That defendant is ready and willing to pay to plaintiff the penalty provided by law, that is, $100.00 for each violation, a total of $800.00.”

The question resolves itself into an interpretation of the statute pertaining to costs in prosecutions of the…