State v. CHICAGO, M., ST. P. & PRR CO.

484 P.2d 1146, 79 Wash. 2d 288
CourtWashington Supreme Court
DecidedMay 13, 1971
Docket41359
StatusPublished
Cited by2 cases

This text of 484 P.2d 1146 (State v. CHICAGO, M., ST. P. & PRR CO.) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. CHICAGO, M., ST. P. & PRR CO., 484 P.2d 1146, 79 Wash. 2d 288 (Wash. 1971).

Opinion

79 Wn.2d 288 (1971)
484 P.2d 1146

THE STATE OF WASHINGTON, Respondent,
v.
CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, Appellant.

No. 41359.

The Supreme Court of Washington, En Banc.

May 13, 1971.

*289 Warren H. Ploeger, James E. Nelson, and J. Fred Simpson, for appellant.

Philip H. Faris, Prosecuting Attorney, for respondent.

Slade Gorton, Attorney General, Theodore O. Torve and D. Douglas McRayde, Assistants, amici curiae.

FINLEY, J.

The facts of the instant dispute arise from a modern day railroad "holdup," which, unlike historical counterparts, was perpetrated by "lawmen" rather than by "highwaymen."

In the late afternoon of August 4, 1968, the sheriff of Whitman County intercepted the crew of appellant Chicago, Milwaukee, St. Paul and Pacific Railroad Company's eastbound train No. 264 and required them to stop the train near Pandora, Washington. The train was ordered immobilized until appellant's crew acceded to the sheriff's demand, secured replacement locomotive units from Avery, Idaho, and the train then proceeded on its route some 7 hours later. Five days later, comparable events occurred near Squaw Canyon, Washington. Again, one of appellant's trains was ordered to a stop, and again, appellant was required to secure different locomotive units before its train was allowed to proceed.

The stopping of appellant's trains on both occasions was because of the state's belief that the appellant had failed to equip the locomotives in question with modern spark arresters as required by RCW 9.40.040. Thereafter, the appellant railroad was formally charged, tried and convicted of violating that statute. Prior to sentencing, the appellant moved for injunctive relief in the United States District Court and secured an order by that court restraining further action by the trial court. The restraining order was reviewed by a 3-judge district court, which has abstained from final disposition pending consideration and decision by our court. The trial court then entered sentence against the appellant, and this appeal followed.

RCW 9.40.040 provides:

Every person who shall operate or permit to be operated *290 in dangerous proximity to any brush, grass or other inflammable material, any spark-emitting engine or boiler which is not equipped with a modern spark-arrester, in good condition, shall be guilty of a misdemeanor.

Appellant contends the above-quoted statute is constitutionally defective in two respects: First, that the statute, when applied to interstate commerce, is invalid under the commerce clause of the United States Constitution by virtue of certain federal laws enacted pursuant thereto which, appellant contends, have preempted the field of law regulating equipment on locomotives operated in interstate commerce. Specifically, appellant contends that the Federal Boiler Inspection Act, 45 U.S.C. §§ 22-34 preempts any state regulation relating to locomotive equipment. The pertinent portion of the legislation, 45 U.S.C. § 23, reads as follows:

It shall be unlawful for any carrier to use or permit to be used on its line any locomotive unless said locomotive, its boiler, tender, and all parts and appurtenances thereof are in proper condition and safe to operate in the service to which the same are put, that the same may be employed in the active service of such carrier without unnecessary peril to life or limb, and unless said locomotive, its boiler, tender, and all parts and appurtenances thereof have been inspected from time to time in accordance with the provisions of sections 28-30 and 32 of this title and are able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for.

(Italics ours.)

The appellant reasons that the subject of locomotive parts and appurtenances is such that national uniformity of regulation is required. It further argues that the above-quoted statute, and particularly those portions emphasized, demonstrate a clear intent on the part of Congress to preempt the full field of regulation relating to locomotive equipment. Additionally, appellant contends that the United States Supreme Court has construed the Federal Boiler Inspection Act to preclude state legislation in the area. In Napier v. Atlantic Coast Line R.R., 272 U.S. 605, 71 L.Ed. 432, 47 S.Ct. 207 (1926), the Supreme Court considered *291 two state statutes — one requiring automatic doors on locomotive fire boxes, and another requiring curtains for locomotive cabs. Therein the Supreme Court stated, at pages 610-11:

Each device was prescribed by the State primarily to promote the health and comfort of engineers and firemen. Each state requirement may be assumed to be a proper exercise of its police power, unless the measure violates the Commerce Clause.... The intention of Congress to exclude States from exerting their police power must be clearly manifested, Reid v. Colorado, 187 U.S. 137, 148; Savage v. Jones, 225 U.S. 501, 533. Does the legislation of Congress manifest the intention to occupy the entire field of regulating locomotive equipment?

(Italics ours.) The Supreme Court concluded, at page 613:

We hold that state legislation is precluded, because the Boiler Inspection Act, as we construe it, was intended to occupy the field.

Respondent state contends, however, that it was not the intent of Congress to preempt the entire field relating to equipment on interstate locomotives. Rather, the respondent argues that the Boiler Inspection Act is designed to protect the safety of persons and does not have as its purpose the protection against damage to property. Further, respondent contends that the federal act preempts state action only where the Interstate Commerce Commission has implemented the act by promulgating regulations as to specific parts or appurtenances on locomotives used in interstate commerce. In support of this interpretation, respondent cites Terminal R.R. Ass'n of St. Louis v. Brotherhood of R.R. Trainmen, 318 U.S. 1, 87 L.Ed. 571, 63 S.Ct. 420 (1942), which involved a state statute regarding caboose cars. Therein, the Supreme Court stated, at page 4:

Appellant claims that there had been Congressional occupation of the field by virtue of the Boiler Inspection Act, the Safety Appliance Act, and the Interstate Commerce Act. It is not contended, nor do we understand, that these statutes, by themselves and unimplemented by any action of the Interstate Commerce Commission, lay *292

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484 P.2d 1146, 79 Wash. 2d 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-chicago-m-st-p-prr-co-wash-1971.