Page:United States Reports, Volume 209.djvu/171

 Ez t YOUNG. 14 the unconstitutlonallty of the acts and orders in question, at the risk, if mistaken, of being subjected to ouch enormous pen- alties, resulting in the possible confiscation of its whole prop- erty, that rather than take such risks, the company would obey the laws, although such obedience might also result in the end (though by a slower process) in such confiscation. Still another Federal question is urged, growing out of the assertion that the laws are, by their necessary effect, an inter- ference with and a regulation of interstate commerce, the grounds for which assertion it is not now necessary to enlarge upon. The question is not, at any rate, frivolous. We conclude that the Circuit Court had jurisdiction in the case before it, because it involved the decision of Federal questions arising under the Constitution of the United States. Coming to the inquiry regarding the alleged invalidity of these acts, we take up the contention that they are invalid on their face on account of the penalties. For disobedience to the freight act the officers, directors, agents and employ& of the company are made guilty of a misdemeanor, and upon conviction each may be punished by imprisonment in the county jail for a period not exceeding ninety days. Each violation would be a separate offense, and, therefore, might result in imprisonment of the various agents of the company �who would dare disobey for a term of ninety days each for each offense. Disobedience to the passenger rate act renders the party guilty of a felony and subject to a fine not exceeding five thousand dollars or imprisonment in the state prison for a period not exceeding five years, or both fine and imprison- ment. The sale of each ticket above the price permitted by the act would be a violation thereof. It would-be difficult, if not impossible, for the company to obtain officers, agents or employes willing to carry on its affairs except in obedience to the act and orders in question. The company itself would also, in case of disobedience, be liable to the immerme fines provided for in violating orders of the Commission. The com- pany, in order to test the validity of the acts, must find some

�