States v. Baltimore & Ohio Railroad

26 App. D.C. 581, 1906 U.S. App. LEXIS 5124
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 6, 1906
DocketNo. 1583
StatusPublished

This text of 26 App. D.C. 581 (States v. Baltimore & Ohio Railroad) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
States v. Baltimore & Ohio Railroad, 26 App. D.C. 581, 1906 U.S. App. LEXIS 5124 (D.C. Cir. 1906).

Opinion

Mr. Justice McComas

delivered the opinion of the Court:

The appellee, in support of the demurrer, insists that the special term of the supreme court of the District of Columbia, known as the “circuit court,” has no jurisdiction to try the cause set out in the declaration.

The appellee says that the act of Congress, as amended, in terms provides that the penalty here sued for, the violation of the act being admitted, can only be recovered in a suit to be brought in the district court of the United States; that the United States district courts constitute a distinct system, not including the supreme court of the District of Columbia. If Congress has conferred upon the supreme court of the District the jurisdiction possessed and exercised by the judges of the circuit and district courts of the United States, Congress has failed in these statutes to express its intention to give this court this jurisdiction in this class of cases, and has not provided the supreme court of the District, having power to hold a term as district court of the United States, with the machinery to try this case, for the United States district court holding a special term has no power to summon and impanel a jury, and in a case like this the appellee is entitled to a trial by jury according to the common law. The appellee concludes, therefore, that this act is not applicable to the District of Columbia, and suggests as a consolation that the penalty for the violation set out in the declaration could be recovered in the United States district court for Maryland, or in the same court in the State of [584]*584Pennsylvania, and that probably Congress purposely limited the punishment for such violation of a very humane statute to the Federal courts in the States, intentionally remitting punishment for violations of laws intended to protect brakemen and other railway employees everywhere to courts in all the States and Territories of the Union except to the courts in this Federal District where Congress sat when it enacted these statutes to promote the safety of employees and travelers upon railroads everywhere in the Union.

Surely Congress did not intend to deprive railway employees, while in this District, from the benefits of this legislation, because by the amendment of March 2, 1903, it expressly provided “that the provisions and requirements of the act” of March 2, 1893, as amended by the act of April 1, 1896, “shall be held to apply to common carriers by railroads in the Territories and the District of Columbia.” It is the duty of the courts of this District to give effect to this law, if they have the power.

In Johnson v. Southern P. Co. 196 U. S. 1, 14, 49 L. ed. 363, 368, 25 Sup. Ct. Rep. 158, the Supreme Court criticised the circuit court of appeals for its adverse decision, saying: “We are unable to accept these conclusions, notwithstanding the able opinion of the majority, as they appear to us to be inconsistent with the plain intention of Congress, to defeat the object of the legislation, and to be arrived at by an inadmissible narrowness of construction.”

“And as Chief Justice Parker remarked, conceding that statutes in derogation of the common law are to be construed strictly, 'they are also to be construed sensibly, and with a view to the object aimed at by the legislature.’ Gibson v. Jenney, 15 Mass. 205.” Johnson v. Southern P. Co. 196 U. S. 17, 49 L. ed. 369, 25 Sup. Ct. Rep. 158.

“The primary object of the act was to promote the public welfare by securing the safety of employees and travelers, and if was in that aspect remedial, while for violations a penalty of $100, recoverable in a civil action, was provided for, and in that aspect it was penal. * * * Moreover, it is settled that, 'though penal laws are to be construed strictly, yet the inten[585]*585tion of the legislature must govern in the construction of penal as well as other statutes; and they are not to be construed so strictly as to defeat the obvious intention of the legislature.’ United States v. Lacher, 134 U. S. 624, 33 L. ed. 1080, 10 Sup. Ct. Rep. 625.” Johnson v. Southern P. Co. 196 U. S. 18, 49 L. ed. 369, 25 Sup. Ct. Rep. 158.

In the same case the Supreme Court referred to the history of this legislation, and quoted from President Harrison’s message, with approval, his statement that during a single year 2,660 employees were killed and 26,140 were injured for want of such safety appliances, and, also, President Harrison’s emphatic utterance: “It is a reproach to our civilization that any class of American workmen should, in the pursuit of a necessary and useful vocation, be subjected to a peril of life and limb as great as that of a soldier in time of war.” The strong expressions of the Supreme Court and its purpose to give effect to the safety appliance acts confirm us in believing that Congress did not intend to exclude the District of Columbia from the benefits conferred by this act upon all the rest of the Union.

Section 6, before quoted, imposed the penalty here sued for, “Por each and every such violation, to be recovered in a suit or suits to be brought by the United States District Attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed.” It designated the United States District Attorney, a Federal official provided in every State and Territory and in the District of Columbia, and named the only court of the United States armed with process and with power to try common-law civil actions for recovering penalties and affording juries to try the offender according to the common law. It is conceded that in the forty-five States the statute can be enforced. Its beneficent operation, by the argument of the appellee, is denied in all the Territories and in the District of Columbia. In the Territories, several of them now gridironed with railroads, there is no district court of the United States. There are only supreme courts of the Territory and district courts of the Terri[586]*586tory, and here we have only the supreme court of the District of Columbia.

The safety appliance acts were a regulation of commerce. In the safety appliance acts Congress was exercising its power to regulate commerce, and, as was said in Stoutenburgh v. Hennick, 129 U. S. 148, 32 L. ed. 639, 9 Sup. Ct. Rep. 256: “The power granted to Congress to regulate commerce is necessarily exclusive whenever the subjects of it are national or admit only of one uniform system or plan of regulation throughout the country. * * * The business referred to is thus definitely assigned to that class of subjects which calls for uniform rules and national legislation, and is excluded from that class which can be best regulated by rules and provisions suggested by the varying circumstances of different localities and limited in their operation to such localities respectively.”

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Related

Metropolitan Railroad v. Moore
121 U.S. 558 (Supreme Court, 1887)
Stoutenburgh v. Hennick
129 U.S. 141 (Supreme Court, 1889)
United States v. Lacher
134 U.S. 624 (Supreme Court, 1890)
McAllister v. United States
141 U.S. 174 (Supreme Court, 1891)
Steamer Coquitlam v. United States
163 U.S. 346 (Supreme Court, 1896)
Johnson v. Southern Pacific Co.
196 U.S. 1 (Supreme Court, 1904)

Cite This Page — Counsel Stack

Bluebook (online)
26 App. D.C. 581, 1906 U.S. App. LEXIS 5124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/states-v-baltimore-ohio-railroad-cadc-1906.