United States v. Chicago, M. & P. S. Ry. Co.

DIETRICH, District Judge.

[ 1 ] The action is brought to recover a penalty under the provisions of what is commonly known as the Hours of Service Act (34 Stat. 1415). The defendant is an incorporated railroad engaged in interstate commerce, and is subject to the act. On December 27, 1913, it issued a general order, of which the following is the material part:

"Should a train be held over thirty minutes at a siding where there is no open telegraph office, the conductor will report to the dispatcher for orders, calling the day operator, if there is one available, and if there is not, using the…