International Railway Co. v. Davidson

Citations

• 257 U.S. 506
• 42 S. Ct. 179
• 66 L. Ed. 341
• 1922 U.S. LEXIS 2431

Syllabus

<p>1. The Act of February 13, 1911, c. 46, 36 Stat. 899, authorizing special pérmits for immediate lading and unlading of vessels and other conveyances, and empowering the Secretary of the Treasury - to fix extra compensation to be paid customs ‘ officials at' the ex- .. pense of the licenseés for Sunday and holiday service in such lading or unlading, was not applicable to an international toll bridge nor to the operation thereon of a line of passenger trolley ears; nor was it made so. by the amendment of February 7, 1920, c. 61, 41 Stat. 402, by which the extra compensation was extended to cover overtime “ in connection with the unlading, receiving, or examination-of passengers’ baggage,” this provision being given full effect if confined to baggage of passengers on vessels for the immediate lading or unlading of whose cargoes special license may issue under the original act. P. 512.</p> <p>2. A company owning and operating a toll bridge, with a line of trolley cars, across the Niagara River, over which was heavy passenger travel in the cars, in other vehicles and on foot, and as to which customs inspection service had been maintained by the United States, as well on Sundays and holidays, when the travel was heaviest, as on week days, was notified that unless it procured a special license under the above amended act, which would necessitate its agreeing to pay the amount of extra compensation for customs officials and giving a bond to indemnify the United States against all losses arising from the granting of the license, no vehicle, except the cars, would be permitted to enter the United States on Sundays and holidays, and no passengers, except after surrender of all personal baggage, including handbags, to a customs guard, and that all vehicles except the cars, and all baggage surrendered, would be held by the collector at the owner’s risk for examination on the following working day. Held: (a) That the instruction of the Secretary of the Treasury to this effect