Page:Federal Reporter, 1st Series, Volume 7.djvu/204

 192 FBDEBAL BEFOBTEB. �to reverse these judgments fpr the errors assigned in the charge of the district judge. The question tums upon the construction of the statute— the meaning of the word "prac- ticable," as used in section 4472, Kev. St. In aue sense it was practicable to send the oil by rail in each case, — that is, in a mechanical sense; but it is my opinion that the word must be accepted in a commercial sense. The statute in ques- tion is a regulation of commerce, and whether a mode of transportation between any two points is practicable, must be decided with reference to the commerce between those points. If the rates charged for transportation by rail would amount to a prohibition of the traffic, it would not be a prac- ticable mode of transportation within the meaning of this statute. This word "practicable" bas been recently con- strued in the case of Wilson v. Church, 13 Ch. D. British Law Eep. 1, where certain bondholders, having made a loan for the purpose of constructing a railroad in Brazil, sought to have the fund returned to them on the ground that the scheme had become abortive. The relief prayed was refused by the court below, where it was held that as there were no insuperable engineering difficulties the scheme could not be pronounced impracticable; but it was held by the court of appeals that as the fund in the hands of the trustees was insufficient to complete the railway, and the company had no means of raising further f unds, it had become, in a business sense, impracticable to carry the scheme into effect, and the compla,inants were entitled to have the fund returned to them. It must be held in these cases that passenger vessels are prohibited from carrying petroleum when it is practicable, in a business sense, to employ another mode of transporta- tion; but if the effect of the prohibition would be to destroy such traffic it may be carried upon passenger vessels, subject to the eautionary provisions of the statute. �The judgment of the district court in each case is affirmed. ��� �