Page:Federal Reporter, 1st Series, Volume 6.djvu/53

 united states v. thobnbubo, 41 �Ukited States v. Thoenbueg.* �United States v. Wisb. �(District Court, 8. D. Ohio. March, 1881.) �1. Navigation Laws— Kbv. St. i 4472— Oaeetikg Petroleum oN Pas- �BENGBB VesSBLS — PrACTICABLE MoSE OF TRANSPORTATION. �Section 4472 ot the United States Revised Statutes probibitstbecar- rying of petroleum and other dangerous articles upon passenger ves- sels, but excepts petroleum of a certain flre test upon routes whero there is no other practicable mode of transportation. �Sdd, (1) that if there is an ail- rail route over \rhich the oil iday be carried with any profit, it is a practicable mode of transportation; (2) but if the rate of freight by rail is so high as to prevent any profit upon the sale of the oil, or to destroy the trade betrween the points in question, it is not a practicable mode of transportation betweeu those points. �Section 4472 of the Eevised Statures of the United States, under which these actions are brought, prohibits the carrying of petroleum, naphtha, nitro-glycerine, and other explosive and dangerous articles upon passenger vessels, but excepts from the prohibition refined petroleum of a certain fire test, upon routes where there is no other practicable mode of trans- portation. The case of U. S. v. Thornburg is a suit for pen- alty under this statute for carrying petroleum on a passen- ger steamer from Marietta to Cincinnati, and the case of U. S, V. Wise is for carrying it from Cincinnati to Memphis. Evidence was introduced by the government to show that there was an ail-rail route between the points named, and it was claimed that it was a practicable mode of transportation, while the defence sought to prove that it was not a practica- ble mode, by showing (1) that the rate of freight by rail was so high as to leave no profit in the sale of the oil ; (2) that the rate of transportation by rail between the points named was so high as to destroy the trade in oil between these points, inasmuch as it could be secured at a less rate from, other points. �♦Reported by Messrs. Florien Giauque and J C. Harper, of the Cincin- nati bar. ��� �