Edward Douglass White

“ The answer admitted that at the time named all fifteen cars had been used in interstate commerce, and that three of them were not equipped with automatic couplers, but denied that the other twelve were not provided with hand holds or grab irons, as required by the act, and denied that it had in any respect violated the act, because all fifteen cars were used by the company upon its line of street railway, and were therefore expressly excepted from the operation of the act. ”

“ That the meaning contended for would be in direct conflict with this rule would seem free from doubt, since the inevitable result of sustaining the contention would be to put it in the power of a railroad, by operating a train for a trifling distance over tracks within the exception, to thereby secure the right thereafter to operate such train over long distances without regard to compliance with the safeguards of the statute which otherwise would be controlling. ”

“ The suggestion is made in argument that in any event the railroad company was not liable for the penalties because of the difficulty of equipping the twelve cars with grab irons which would not interfere with the lateral movement of the radial couplers, and because the other three cars were so constructed that they could not be provided with automatic couplers, and were used only on the one day because of unusually heavy traffic. ”