Joseph Rucker Lamar

“ And there is no reason suggested why a receiver, operating a railroad, should not also be subject to the penal provisions of a statute prohibiting any common carrier from transporting live stock by rail from a quarantine district into another state. ”

“ Harris, the judgment of the court below would necessarily have to be affirmed if the case was to be determined solely by the provisions of the quarantine act of 1905, which imposes a penalty for the transportation of cattle by a railroad company. But a receiver is not a corporation, and, therefore, not within the terms of a statute applicable to railroad companies, even though cattle from an infected district transported by him would be as likely to transmit disease as if they had been shipped over the same line while it was being operated by the company itself. ”

“ Yet an indictment must set out facts, and not the law; and when he sustained the demurrer on the ground that the shipment therein stated did not constitute a crime of which the receivers could be convicted, he in legal effect held that they were not liable to prosecution if, while operating a road as common carrier, they hauled live stock from a quarantine state to another. ”