Document Title Page


United States Circuit Court of Appeals,

Ninth Circuit.

Northern Pacific Railway Company/

a corporation, plaintiff in error,

United States of America, defendant

in error.

No. 2343.



This suit was brought by the United States against

the Northern Pacific Railway Company to recover

penalties for violations of the act of Congress, com-

monly known as the Federal hours of service law (34

Stat. L., 1415). The complaint is in 2 counts, each

charging a violation of the statute in that the de-

fendant required and permitted one of its employees

to remain on duty for a longer period than 16

consecutive hours, the period of consecutive service

being 24 hours and 30 minutes in the case of Fireman

    1. Drew, and 24 hours and 20 minutes in the case of

Fireman V. Jenson. The former was alleged to have

been on duty at and between stations of Missoula,

Mont., and Avon, Mont., and to have been engaged in

2848814 1

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