USDA 28 Hour Law

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B ______________________________- - .UN ITED STATES DEPARTMENT OF AGRICULTURE

BULLETIN No. 589th e Bureau or Animal I ndus tryf.::A,. . Chief\.0 ' . .

Washington, D. C. January 5, 1918

THE 28-HOUR L A ~ ~ ~ gBy HAlIRY GODING and .\ . JOf;EPH RAUB,

J J u n ( / l t o{ Animoll l l f tu8 t ry.

CONTENTS.Page.

Enuctmentolthe law . . . . . . . . . I Results aCcomplished . . . . . . . . . . . . . . . . . . . . .Purpose ofthelaw . . . . . ". . . . . . . . . . . . . . . . . . _ 2 Improvod yards . . . . . . . . . . . . . . . . . . . . _.. .Requiremonts of t he law .. 3 l mprovod feedIng snd watering facili ties .Proper feed and water.. .. . . ... _. . . . . . 3 Bottor loading and unloading facilities . . .Su fficient rest . . . . . . . . . . . . . . . . . . . . . . . . . . ., Removal of incompetent omployees. . . . . .llumanehandling.. . . . . . . . . . . . S hn proved trai.n sclleduJcs. . . . .l'roperly equipped pens . . . . . . . . .s Violations and peoj,lties. . . . . _.. _. . . . . . . . . . . .Abuses under the law. . . . . . . . . . . . . . {l Fllrther improvement desirable. . . . . . . . . . . . . .Textor prose.ut law.. . . . _

ENACTMENT OF THE LAW.

Page."'617171717IS

During the F orty-second Congress a law was passed to pre.ventcruelty to animals while in the course of interstate transportation ,which was approved by the Presidellt on March 3, 1873, and incol'porated in the Re,ised Sta tutes of the "C"nited States, first edition ,flS sections 4386 to 4390, inclu sive. This law was enacted to preventany canj er ll'om transporting nnimals in interstate comlnerce. fora longe. period than 28 co nsecutive hours without unloading for thepurpose of rest , ,yuter, and feeding for at 1east 5 consecutive hoursbefore continuing their tra.nspol'tati on. If, however, the allima.J swere ca rried in cars. bonts, or other vessels in which they could anddid receive proper food, and rest. the statute permitted thecanie!" to trnnsp0l't thClll without unloading.To comply with the act, it became necessm'y for the transportationcompanies to provide feedi ng. watering, and resting facilities at

I 'l 'he author s acknowledge th e cooperation In t hI s wO!'k of }Jr. J. V. De Laney, who a tthe time WElS In the service of tbe BUl'eau of Animal lodtlsb-y.

5775 -18-Bu l l . 580- -1 1

1


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- .... ~ ' - - - r r - - - - - - , r - - - : \2 BULLETIN 589, U . S. DEPARTMENT OF AGRICULTURE.convenient places on their lines, separated in distancc according tomnning schedules, so as to be able to unload the stock each 28 hoursduring their journey to destination. In the construction of theinclosurcs or pens into which the animals were to be unloaded littleif any consideration was given to the habits, requirements, and com-fort of the different classes of auim"ls handled. So long as the penswere inclosed by. a fence and the animals were lmloaded within the28 hours, the transportation companies considered that they hadcomplied with the law. Fences of sufficient height and strength torestrain the animals were not provided in mari-y cases, and a round-up of cattle which had either broken down or jumped over SUellfences was necessary b e f o r ~ reloading could be commenced. vVater-ing tt'oughs often were not provided, and the absence of feedingracks was very general. No thought whatever was given to the comfort of the animals in the way of providing a dry place to lie downfor rest.On acconnt of the poorly constructed pens and inadequate resting,watering, and feeding facilities and the frequent unloading of theanimals, considerable dissatisfaction arose among the shippers. This,together with, the changes in the way of improved railroad transpor-tation and the increasing size and importance of some of the Iivestock markets, led to the repeal of the act of 1873 and the enactmentof the present law, commonly know as the 28-hour law, which wasapproved and became effective on June 29, 1906, and was committedto the Secretary of Agriculture for enforcement. Tho new law corrected some of the defects of the act of 1873 and made possible theelimination of some of the abuses practiced under that statute.

PURPOSE OF THE LAW.'While the 28-hour law was enacted primarily for humane reasons,

to reduce to a minimum the cruelty incident to the transportationof live stock, it also protects the interests of owners of animals andof the public, in preventing the bealth and condition of the anim,dsfrom being injured while in transit. To have his stock reach themarket in as nea dy the same condition as when it leaves the farm ortile ranch is the object of every stoclanan and shipper. This can beaccomplished only by giving the animals while they are in transit thecare, attention, feed, water, and rest to which they have been accustomed, or as nearly so as possible. I f animals are confined incars fol' an excessive period vi'ithout feed, wuter, or rest, or if lifterbeing confined in the cal'S for a period of 28 or 36 hour's they areunloaded into a pen too small for them to rest 0" even move about, ortoo muddy to lie down, 0 , ' if the proper kind and amount of feedand water are not supplied, or if in the unloading or reloading


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INTERSTATE TRANSPORTATION OF LIVE S ~ O C K . 3process the animals are beaten, th"own from the cars, 01' otherwisebrutally treated, the object desired by the shippers and intended bythe law is not attained. The live stock as the result of such treat-ment arrive at destination in a feverish condition and the qualityof the meat may be affected if the animals are slaughtered whilein that state.

The main purpose of the statute, however, is to prevent cruelty toanimals while in the course of transportation. How weU it hasserved this purpose may be judged from the fact tlutt whereas for-merly it was not lmcommon for carriers to confine animals in carsfor periods of 50 to 60 hours 01 ' even more, now the carriers, as awhole, are endeavoring to unload them within the statutory periodand to give them propel' care and .treatment when unloaded.

REQUIREMENTS OF THE LAW.PROPER lo'EED AND WATER.

The statute requires that the animals while in the course of inter-state transportation shaU be prol'ided with propel' feed and waterat the expiration of each period of 28 hours unIeS'} the owner or per-son in custody of the Ii ,' e stocle has authorized their confinement inthe cars for an additional 8 hours, in which event it is required thatthe animals be furnished with propel' feed and water at the end ofevery 36 hours by theslnpper, but if he fails to meet this requirement,the transportation company must do it for him. This additional 8bours of authorized confinement is one of the provisions in the lawof 1906 which did not appeal' in the law of 1873, and enables the.shipper to get his live stock to market in many instances without thenecessity for unloading the animals, avoiding the delay, inconven-ience, and feeding expense incident thereto. The majority of ship-pers avail themselves of this privilege. There are, however, someserious abuses practiced in this connection which are lnentioncd larer.

By proper feed and water is meant not only suJIicient feed to allay]1Unger and sufficient water to quench thirst, but the feed nnd watermust be of a propel' quality and must be fUl1lished at propel' intervals.I t is not required that feed be furnished in qnantity large enoughfor fattening, but enough to satisfy hunger and thereby keep the ani-mals quiet and contented dur,ing their journey to destination.

The amolmt of feed which should be given to various classes ofanimals varies with the length of time between feedings and theweights of the animals. I t is believed that for each 24 hours theration fol' horses and cattle sholud be not less than I i pounds of hayto each hundredweight of animal; for sheep, not less than It poundsof hay to each hundredweight. of animal; and for hogs, not lessth"n 1 pound of shelled corn, or its equivalent in ear corn or other.grain, to each hundredweight of animal.


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4 BULLETIN 589, U. S. DEPARTMENT OF AGRICULTURE.When animals are transported in " palace" or similar stock cars

or with emigrant outfits, or in specially equipped cars conveyingshow animals and blooded stock in which they can and do have propelfeed, water, space, and opportunity to rest, the provisions in regardto their being unloaded do not apply. However, in: cases where animals nre fed in t.he cars care should be exercised to distribute properlythrough each car sufficient feed for each animal, so that none will bedeprived of the opportunity to get its share.

In the watering of the animals the water in all cases shonld beclean. As a general rule, live stock will not drink dirty or pollutedwater. WOhere the watering is done in the cars it is necessary thatthe troughs he thoroughly cleaned out before the water is turned intothem, and each animal should be allowed to drink its fiU. Whilethe wa,tering of live stock in the cars has been fOUl)d to be mther unsatisfactory, if the watering is to be done in this manner the troughsshould be large and deep enough so that the water will not run out,and they should be so constructed as to be readily placed in operation and yet so arranged that the animals can not tilt them over.Tbey should also be so placed in the cars that all the animals can getto tbem. I t is not a compliance with the law to water the animalson one side of the car, while those on the other side receive no watel"whatever, or an insufficient quantity.

SUFFICIENT REST.I t is permitted by the Ittw to transport animals without unloading,.provided they are carried in cars in which they can and do have

proper feed and water and in which sufficient space is provided for'all the animals to lie down at the same time. I f all of these conditions are not met, the law requires that the arumals be unloaded at.the expiration of a period of 28 hours, or, if a request has been signedhy the owner or person in custody of the live stock, at the expirationof a period of 36 hours. Railroad regulations establish a minimulllweight of carload lots for various kinds of animals. In order thata shipper may benefit by this, it often is necessary for him to overloadthe car as regards space, especially in the case of long-wooled sheep,canner cows, feeder cattle, and mixed lots of animals. In such casesit will readily be seen that the stock do not and can not have suffi-cient space for all to lie down at one time. Under such conditionsj t is a very common OCCllrrence to find one or more animals eithercrippled or trampled to death on account of bBing unable to rise after .having lain down to rest.V,Then unloaded, it is required that the animals have at least 5consecutil'e hours of rest. The conditions must be such that animalscan rest properly. I t is obvious that when animals are placed in

yards filled with mud, water, snow, or slush, or which are not pro-


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/__ INTERSTATE TRANSPORTATION OF LIVE STOCK. 5"ided with a proper shelter from rain, snow, wind, and sun, theycnn not obtain rest, for, as a general rule, they will not lie down insuch surroundings.

HUMANE HANDLING.The law is a humane meas1ll'e, intended not only to prevent the car

Tier frol11 transporting aniJnals in interstate commerce for longperiods, but also to provide that they be unloaded in a humane man-11er into properly eq uipped pens for rest, water, and feeding. Thecl'uel treatment of animals in the past in their handling and carewhile in transportation not only reduced their food value, but led tonumerous claims against the railroad comp!1nies and fin!1lly to theenactment of the present law. Many instances have been observed inwhich the most bl'lltal treatment has been gi I'en to the animals, resulting InRny times in severe]j7injuring them. There have c\ren been cases"'here hogs and sheep were crippled purposely by the persons unloading the animals, for the financial betterment of their employers. The}",,ol';sion as to humane handling of the animals was added to the requirements when the law of 1906 was passed, no such requirement appeal'ing in the 1" ';01' statute. The handling of lil-e stock in a humaneJnanucr protects not on]y the animals, but ,the interests of the ownersand of the public, because it helps in placing the stock upon the market in good condition; it incidentally benefits th e carrier as well.

PROPERLY EQUIPPED PENS.The law of 1906 requires that animals shall be unloaded into prop

erly equipped pens for rest, water, "nd feeding. vVhile the stlttute-does not require a carrier to maintain any partiCUlar kind of equipment of its stock pens, permanent or otherwise, except in so far as toTender them suitable for the humane purpose of the act, it is necessary to make such provision as will meet the weather conditions ofthe different seasons of the yeaI', so as to provide for the protectionof the animals from the elements. In erecting such pens consicleration should be gil'en to the kind of animals to be hand led; the feeding, water.ing, and resting facilities; drainage; weather protection,and lighting for night handling. In the winter time, particularlyin the northern parts of the cOllntl'y, protection from cold. storms,snow, sleet, Hnd winds must be provided. For this purpose a portion,at least, of the yards should be covered. I t will also be necessary tohave some such provision made for the protection of the anim"lsfrom the hot sun in the summer time, particu larly in the SouthernStates.

The yards should be so equipped that it will not be necessary tofeed and water hogs and othel' animals, especially horses 0" sheep,from the same troughs, as other animals will not eat or drink from


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6 BULLETIN 589, U. S. DEPARTMENT OF AGRIOULTURE.troughs which are also used for hogs. The feeding of hay to cattleor other stock on the ground might enable the carrier to complywith the law whCl'e the ground is dry; but in open pens when it rains01' snows tbe ground becomes muddy, and the animals will tramplethe feed into the mud and then refuse to eat it. Pens into which hogsare unloaded should have a floor of some hard substance, on accountof the tendency of hogs to root. During cold weather, o.lso, hogs willmake depressions in unpaved pens and then Jie down in them, pilingone on nnother to keep warm. In this way some hogs urc smothered.

In constructing a properly equipped feeding yard the floor space,including pens and alleys, should he filled in with cindel's 01 ' othersuitable matcrial and allowed to settle, then paved with rough bl'ickor roughened concl'ete, and properly sloped for drainage. A portionof the yards should be covered and boarded up on the north and westsides and so arranged that at least a 2t-foot space just above thelevel of the yard fence can be opened during warm weather to allowa good cireul


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5EC770N 8-8/7ALF S.a:;770N 7HRO'A -A "

h 'ALFRANFro. 2.-CrOS8 section of good unlondlng ehute for double-deck ca rs.

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INTERSTATE TRANSPORTATION D.b' LIVE STOCK. 9widths of the yard gates also. The accompanying illustmtions (figs.3,4,5., and 6) show some of the features of a properly eq uipped yardor pen.

ABUSES UNDER THE LAW.In their attempts to comply with the older statute, carriers con-sidered apparently that it was only necessary to unlmld the "nimals

IJ'IG. ,{.-Plan or single yard for unloudlng stock.,every 28 hours into some sort -0 inclosllre 01' pen which in manycases was not even provided .with walering troughs. UncleI' theseconditions the animals were not protected from the cold winterwinds or the hot sun during the summer, and were compelled to standin mud or ,vater or in snow altd slush sometimes knee deep.Although shippers frequently complained, temporary relief only

11111. 4.- Slde view of yurd ~ b o w u tn figure a.was a.fforded by resut'facing the yards with cinders 01 ' gnu-cJ. LittJeattention was paid to the quality or quantity of feed given theanimals, 01' whether they were fed at all, the railrollds asserting thatit was the duty of the shipper to feed and care for the stock int l ~ n s i t . They overlooked the fact that j f the shipper did not {cellthe animals it was their duty to do so. This led to the pl'actice of

5775 D - -18-Bull. 580-- 2


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10 BULLETIN 589, U . S. P A R . T M E N T OF AGRICULTURE.individuals building and maintaining private yards where the stockwas cared for at " stated cost if the shippers clesired. These yardswere far fron1 perfect in equipment as weU as in the service g i ~ e n , but in most cases they were an improvement on the old conditionsprovided by the railroads. This again led the carriers to think thatif they conveyed the stock to such yards, no matter what the serviceor condition of the yards Ol' when the animals were unloaded, theirliability was ended.

Little nttention was given to the class of men who handled thestock. The Jllan who could make the most noise anel wield the" prodpole" most dextrously was considered the most valuable, nothought being given to the comfort of the animals. In some yardsa trough for watering all classes of an imals was all that was provided, while in a great many yard s no troughs were provided. Inmost cases it was found that one trough 14 to 16 feet long was sup-

, ,. ": -----;r-. .' .'- - - - ; . - ' " I I 1- .- , . - -----,-1- ,__ __ . _ _ _ _ _ _ _ _ _ _ _ L _ _____ _ __ _ _'." "" ,:,

posed to water anyamount of stock, fromone car of cattle to7,000 sheep, withinthe period of fivehours . Often thetroughs were in suchcondition they wouldnot hold water, andthe only way the1"1(;. l:i. - E:nd view of covered sectlOll of yard, sbowlng stock could quenchdoors to he dropped for ventilatiOll. their thirst was by

drinking from the stagnant pools or from the overfiow into the mud,manure, and other filth in the corrals. Sometimes the troughs wereso high that it was impossible for hogs or sheep to drink In othercases the troughs were used as a wallow by hogs, and subsequent shipments of sheep, horses, and cl1ttle were supposed to drink from them.

When a shipment of sheep or cattle has 'been driven several milesbefore Joad.ing, and perhaps confined in cars 36 hours in the.snmmcrheat, and is then subjected to the conditions described, the sufferingand loss in deaths and excessi ve shrinkage Can readily be imagined.The feeding was done in a haphazard way. No definite quantitywas required for any class of animals, "nd often it was thrown intothe mud or dirt so that little of it was eaten. Certain classes ofshippers would use dry feed for at least 48 honrs before reachingmarket centers, giving no water whatever, thinking that the stockwould then drink an excessive quantity of water ,tIlcl that the weight would be greater than if they wel'e w:1,tered H,t regular intervals.When the first cold weather came the water in the pipes at the feeding and watering stations froze, and remained so until the warm


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INTEHS'I'ATT,: TRANSPOltTA'l'ION OJi' L I V ~ STOCI


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12 BULl.ETIN 589, U. S. D E l P A 1 t ~ \ l . L l < ! N T OF AGRJCULTURE."bles the shipper to get his stock to market sooner , and that he isbenefited throngh not ha ving to pay for feeding his animals at severnl points in transit to ]l,lal'ket. It appelll'S, also, that some carriershave resorted to the practice of marking thei r waybills to show thatthe confinement of the anim"ls for a period of 36 houl's has beenauthorized by the ownel' or shipper, when, as a matter of fact, suchwas not the case.

The law requires that the request for extension of the period ofconfinement from 28 to 36 hours Ehall be a written one. A sepllrnterequest must be made for each particu lar shipment. This requirement was included in the Jaw in order that the o'Yne1' 01' shipper oflive stock shonld exercise his own j ndgment as to the necessity ofadditional time. In other words, Congress believed that 28 hourswu s long enough, as a geneJ'all'I11e, to keep live stock confined with-out feed, water, and rest; but the shipper or owner of the animalswas allowed, if he thought it wise or to his interests, to authorize thecarrier to continue the confinement of his animals fo " 8 hours morc.Some canjcl's haxe procul'ed such requests from the shippers uponthe threat that they would unload the animals before eren the 28-hourperiod had elapsed, unl ess the 36-hour requests were signed. Theresult of these practices is the pl"flctical abrog>Ltion of the 28-hourlaw and the substitution thelefor of a 36- hour h,w.There seems to be " belief on the part of many of the agents of therailroads that oral reqllests by shippees to continue their live stockin transit for 36 hours before nnloading fOr feed, water, and restcomply with the lnw. This is not so, and carriers should jnstrllcttheir agents accordingly, In many cnSGS such instructions wouldob,iate the necessity for the Government to institute prosecutionsand wOlJld save the raiiJoads from the payment of penalties for thefailure on the part of their agents to secure written instead of verbalrequests.

Another practice which scmetimes has been followed by some ofthe carriers is that of placing upon the waybills and other shippinglm'Jllol'an cht wrong notations as to the times of loading or reload-ing. As the various employees of the carriers along the lino relyupon this information as correct, this often results in the confine-ment of the animals beyond the statutory period and the institutionof prosecutions against the carriers for violations of the law. Thisis anolher instance in which the railroads undouhtedly could savethem!3elves considerable money and inconvenience by jssuing instruc-tions to their employees that notations made npon the waybills orother records should be strictly correct. The Government has nonlternati ve but to prosecute the carriers when animals are confinedbeyond the statutory period without feed, water, or rest owirig to


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Blli. 589, U. S. Oept. of Airicllltllre. PLATE I.

FIG. 1.-S TOCK PENS WITH GOOD LiGHTING ARRANGEMENTS.

FIG. 2 . -A POORLY EQUIPPED YARD.


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IBut. 569, U. S. Dept . of Agriculture. PLATE II .

F IG.1.-POORLY EQUIPPED YARD WITH DILAPIDATED GATE.

F IG. 2.-SECTION Of PEN SHOWING POOR WATERING FACIL.ITIES,


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INTERSTATE TRANSPORTATION OF LIVE STOCK. 13the carelessness, or it may be the willfulness, of some employee whoplaced incorrect notations upon the billing.

Another particular in which some improvement can and shouldbe made is the handling of emigrant and express shipments. Suchshipments usually originate at some small station. The person incharge of emigrant mo\'ab1es usually loads the stock in a corner ofthe car; and if they have to be unloaded, it wOllld be necessary firstto unload a part of the farm implements oe household goods. Inthe case of crated animals t.he crate may be too small, but the factthat it is & Cl'ated animal seems to be sufficient excuse for the expresscompany to take it foe granted that the animal has plenty of roomto lie down and rest. Fortunately, however, the greater number ofexpress shipments are for short distances. Some of the roads nowhaye the conductor on each division inspect such shipments to seethat there is sufficient room and water and feed; and if anyoneelement is lacking, the stock is unloaded. Some of the express companies ha \'e promised to do the Same thing. If this practice is madeuni" ersal, it will aid greatly in the observance of the law and willsave the Government f l'om instituting suits.

Another practice which has been resorted to by some of the carriersis the marking of their waybills so as to show that the animals hadbeen unloaded, fed, watered, and rested, when, as a matter of fact,no feed or water was supplied, and in some instances the anill1alswere not even taken out of the cal'S. This practice, it was found insome cases, wllscarried on without the knowledge of the higherofficials of the roads and contrary to the explicit instructions of theoperating officers.

RESULTS ACCOMPLISHED.IMPROVED YARDS.

Since the enactment of the present law many of the milroads haveimproved the yards and pens into which animals are nnloaded forfeed, water, and rest. Some of the improvements have been installedvoluntarily. Suggestions offered by the officia'!s of the Bureau ofAnimal Industry as to how such yards should be constructed tomeet the requirements of the law have been adopted cheerfully andgladly by some carriers. I t must be said , howe,er, that other roadshave improved their yards and pens only after the Government wasohliged to resort to prosecution becanse of the inacleqlmte facilitiesprovided. On the whole, the general conditions in this respect aremuch better than they were 10 years ago. The -expenditures in thisdirection by some of the roads have amounted to many thousands ofdollars. But this money has been well expended, as is evidenced bythe fact that such roads now have comparatively few violations of


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14 BULLETIN 589, U. S. DEPARTMENT OF AGRICULTURE.the law, ,,,hereas formerly violations were numbered by the hundreds. The stockmen who ship over these roads ha,-e commentedon the faot that their live stock now receive better treatment thanformerly .

Formerly, in the Northwest, where the winters are longer and morcsevere, no shelter of consequence was provided for the animals fromthe cold. Repeatedly animals were fro"en in the yards afterunloading. When the attention of the head officials was called tosuch conditions and the results obtained on other lines were pointedout to thcm, they at once asked for advice and aid from the depart-ment, with the result that greut improvements have been made atthe feeding points and also in the running time of the trains. Livestock exchanges and associations and stockmen in general havespoken in the warmest praise of these impro,cments. The railroads,too, have seen the big sax ing in losses and claims as well as in traincrew time. Yards ha "e bccn paved, electric lights installed for unloading at night, sheds built fa]' shelter, watering facilities improvcd,more care used in the selection of men to rlln the yards and handlethe stock, and more attention paid to the kind and quantity of feedfUl'I1 ishcd. No yard of conscquence in that scction now lacks a rca-sonable amount of sheltel' for the stock and paving for at least a partof the yards, and the shipper always is assUl'ed of dry conditions nomatter what the time of year may be.

Plate I, figure 2, Platc I I , and Pla,te IV, figure 1, show someexamples of poor conditions at some yards where live stock weresupposed to rest, water, and feed. These photographs were takenseveral years ago. Platc IV, figures 2 and 3, and P late V showyards which are regarded fiS proper for 'the feeding, watering, andresting of Ii,Te stock.

IMPROVED FEEDING AND WATERING }o'ACILITIES.At one of the so-called" contract feeding stations" on the line of

one of the largest railroads it was customary to feed animals in thecars, particularly O g ~ , by throwing the feed into the cars thl'oughopenings between the slats as the train moved slowly by the feedbins. This resulted in much of the feed falling to the grollnd, and,sillce the feeding 'Tas done from but one side of the train, mun.v ofthe animals on the opposite ~ i c l e from the feeding platforms I'ecci"edno fecel . At this place the animals were ",ate l'eel in the cars. bllt asthis al so was done onl,- on one side of the train the animals on thc opposite side recei'-ed little if any water. This practice resulted in someof the animals being confined in the cars without any water -whateverfor from GO to 72 homs, and specific cases ha "0 been disclosed in whichthe confinement had continued as long as 100 hOlirs. In accordancewith sllggestions offered by the officials of the Bureau of Animal 1n-


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lNTERSTATE :nU NSPORTATION OF LIVE STOCK. 15dl/stry to the higher olilcials or some 0] the roads handling live stockjn this manner, the feeding and wa.tering facilities were, at considerable cost, remodeled 01' rebuilt to mee t the requirements or thelaw so that now it may be said that live stock are being red and\Va tered by those roads in a much more satisfactory m,mner thanformerly. This, too, lias resulted in fewer violations upon the part ofthose roads.On another road pens have been provided with concrete floors undsufficient feeding space for all the animals to eat at one time. Thewatering troughs are ample in size and number and are constructedwith sewer connections so tbat they can be drained easily. Thesepens are covered and entirely inclosed on three sides, 4 feet of thesides being equipped with drop doors so that they can be opened

during the summer months for ventilation and closed during inclement weather, the roof being high enough for all classes of ani mals. As a general rule, however, for the entire coun try it is believedthat Yal"ds 01' pens partially covered on the side exposed to the winterwinds will furnish sulilcient protection to the animals.

lNADEQUACY OF "}'EED-AND-WATER" CA.US.

The desire to get to marketin as short a time as possible led someof the stockmen to prevail on the roads to build so -c>1Ued "feed-andwater" cars. These cars had small metal troughs built in the sides.Hay was thrown on the floor of the car or put into overhead racks.As the cars were loaded as full as possible, it cltn readily be seen tbatthe stock had no chan ce to rest. Often tbe animals were thus confined for periods of from 60 to 100 hours. I t was founel upon careful examination of thousand s of such cars arriving at one of thelargest stock markets in the East thnt the watering facilities of comparath'ely few cars were in such condition as to be of value for watering the stock. The troughs or pans were bent out of shape, broken,or rusted aJ1el full of hol es so that water would not remain in them.I t was al so fOlllld that in many insla,nces the cha ins and levers forraising find lowering the troughs were disconnected, broken, or missing entirely. and in many cases where the troughs were in workingcondition they wero so na rrow that horned cattle could not drinl;from them.On account of the generally unsatisfactory results obtained by thismethod of watering, some of the railroads hflve discontinued entirely

the use of " feed-und-water" cars and arC unloading the animals intoproperly equ ipped pens for feed . ,,"ater, and rest. The aid and cooperation of the depa rtment was asked by these roads, with the res ul tthat live-stock handling. both on the ca rs and at feecling points whenunloaded, became more nearly ideal, and claims for losses and damuges


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BULLETIN 589, U. S. DEPAR.TMENT OF AGRICULTURE.to live stock and violations Qf the 28-hour law were reduced about70 per cent. O(!icials of one of the la"gest roads, which abllndoncdthe pmctice of feeding and watering in the cars and built yards forthe proper cUl'e of the animals, nQw say that they have far fewer com-plaints, less less, fewer claims fot' damages, and less expense for traincrews, as it often took several hours to set the cars so that the stockcou Jd get water in them.

I t has been found also that in some cases where hogs arc fed andwatered in the cars the bottom of the ca r has been m"de a trough orreceptacle for waLer. This is regarded as most unsatisfactory. Sucha. caris bound to have an accumulation of manure, urine, and otherfilth, so that instead of the animals receiving pure water they arecompelled to drink a. mixture containing their own excretions. CernWIIS then thrown into thi s filth. As soon as the attention of someroads was called to this insanitur,v method of feeding and wateringanimals in the cars the practice was stopped.

U E T T I LOAOING ANI) UNLOAOING A C I L I T I E S .

At some points very poor facilities were provided for loading ,mdunloading Ii,'e stock, particularly double-deck cars of sheep. W'hilethe law provides that they shall be unloaded in a humane manncr,the shcep sometimes were thrown bodily from the ca lS. No runningboard was used to unloacl the top deck, and the animals would eitherbe obliged to jump a, distance of several feet or land on top ofthosecoming out of the lQwer deck. Dogs were put into the cars to driveout the sheep. A picture of a. good loading and unlo"ding chute is.hown in Plate III, figure 1. A glance at figure 2 shows that conditions 'u's not alwa.vs the best.

The distance between the unloading piatfol"m and the car wasoften so great that the rush of animals, particularly cattle andsheep, iu loading or unloading crowded one or more off the plat-form and clown between the car and ti,e dock. On numerous occasions this resulted in permanent jnjury to the animals, and in somecases cattle had to be killed before they could be lemoved.Some roads contended that they were not requil"ed to unload sheepat night, Ol" that it co ul d not be done. They were informed thatdarkness is no excuse for not unloailing within the legal limit. I thas beell demonstrnted to them that with electric lights installed atpropel" places in the ya rd s the stock could be handled in a satisfactory manner. Officials of roads which have tried this plan say thatwithin three months afte)' installing s1lch lighting systems they hadsaved more fl'om emplQyees' wages, Joss of stock, and damages tostock than was expended for this impro'-ement.


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BUI. 589, U. S. Oept. of Agriculture. PLATE. I l l .

FIG. l . - A GOOD UNLOADING CHUTE FOR DOUBLE - DECK CARS.

FIG. 2. - A DILAPIDATED LOADING AND UNLOADING CHUTE.


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Bul. 589, U. S. Dept. of Agriculture f-'LATI:. IV.

FIG. 1.- YARD SHOWING MUDDY SURFACE AND POOR EQUIPMENT.

Flo . 2. - $AME YARD AS ABOVE AFTER RECONSTRUCTION.

FIG. 3 .-BACK OF YARD SHOWN IN FIG. 2, SHOWING PROPER H OUSING FOR P ROTECTIONOF STOCK IN BAD WEATHER.


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BlIl. 589, U, S. Dept. of Agncultur!! . PLATE V.


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INTERSTATE TRANSPORTATION OF LlVE STOCK. 17REMOVAL OF INCOMPETENT EMl'LOYEES.

In the administration of the law it has ,been found in some in-stances that violations have been caused by incompetent employeeswho have, for one reason 01' another, disobeyed the officinl instruc-tions of the roads. There have also been cases where those employedto feed and water the animals had entered into agreements with otheremployees of the roads to :l'ul'nish less feed than requ ired by theschedules and divide the amount paid by the shippers for properservice. ,\Vhen these conditions have been made lalOwn to the higherofficials by the depa rtment, it has resulted in many instances in thedismissal of those responsible for such irregulurities. The operatingofficials of a number of roads have adopted systems whereby eachshipment of live stock which arrives at the market center is checked,and if any have been confined beyond the statutory period immediateaction is tuken to locate the person at fault and to discipline, often-times by dism issal, the employees responsible for the violations.HtlPUOVED TRAI N SCHEDULES.

Some of lhe railroads have revised their train schedules to pro-vide for the t r a n s p o r t ~ L t i o n of l]\e stock to mndmt with grenter dispatch so that in some cases it will not be necessary to unload themat all and in others not as often as formerly. Other roads haveplaced special stock trains in operation, running on cel'tain days eachweek and majntainjng an advertised schedule from the stock shipping centers to the larger mnL"kets. These trains make conncctjonwith pick-up 01' local trains of their own and connecting roads, andin this manner have done awny wjth the necessity for unloading jntransit many sh ipments which formerly were stopped at least 011cefor feed, water , and rest.

VIOLATIONS AND PENALTIES.Since the enactment of the present law in 190G there ha ve beenreported for prosecution up to and including June 30, 1917, 8,948\'ioiations of the statute, and a total of $426,818.08 has been co llected

in penalties in the 11 years covered by this period. The administra-t.ive officials, however, are nlore desirous of securing compliance withthe provisions of the law than the imposing of penalties.

FURTHER IMPROVEMENT DESIRABLE.While much has been accomplished up to the present time, someroom for improvement in the handling of live stock still remains.

I t is believed that if the caniers will cooperate more with the Gov-ernment better results will be obtained and fewer prosecutions will


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18 BULLETIN 589, U. s. DEP-,TMENT OF AGRJCULTURE.be required. The department always is glad to furnish the carriersand others with suggestions and all the information it has as to thebest methods of handling live stock so as to comply with the terms ofthe law. Some of the larger roads already ha,"e sought such ad,-iceand ha,"e sent their tramc and operating officials, as well as expertengineers, to points where li,"e stock are handled with the object ofimproving their methods l lnd facilities. As a. result they now givebetter treatment to the animals and violations of the law are reducedto the minimum. The department on a number of occasions hassent an inspector to. feeding points in company with the railroadofficials and given suggestions as to the construction of yards andtheir equipment.

TEXT OF PRESENT LAW.AN ACT To prevent cl'uelty to nnlmals while In t ransi t by rnllroad or other meanS ot

transportation from one State or Territory or the District of Columbia into 01 ' throughnoothel' State or 'l 'erritory or the Distl'ict ot Columbia, and repealing sections fortythreehundred and eighty-six, forty-t.hree hundred !lnd eighty-seven, forty.three bundred andeightyelgllt, forty-thrce hundl'cd nnd elgbty-nine, and fOl'tytbl'ce hundred and ninetyof the United States Hevlaed Statutes,Be it C1Wcted by the Senate (tnd House 01 Representatives of the United States

of Amer"ica in Congress assembled, That no railroad, express company, cur company, common carrier other than water, or the receiver, trustee, 01' lesseeof any of them, whose road forms any part of a line of road oyer which cattle,sheep, swine, or other animals shall be conveyed from one State or Tel'l'itoryor the Di strict of Columbia into or through another Stute 01' 'l'el'l'itol'Y 01' theDistrict of Columbia, or the owners or mflsters of steam, sailing, or other vessels carrying or transporting cattle, sheel), swine, or other animals from oneState or Territory or the District of Columbia. into or through another Stnte orTerritory or the District of Columbi:l, sha ll confine the same in cars, bonts, orvessels of any d e ~ c r i p t i o n for a period longer than twenty-eight consecutivehours ,vithout unloading the sallie in a humane manner, into properly equippedpens for rest, water, and feC(ling, for H perio(\ of at least fh'c ('Ollsecutive hours.U l l l e ~ s prevented by storm or hy other Hccidental or uuftvoid:1ble causes whichcnn not be anticipated 01 ' avoided b ~ ' the exercise of due diligence and f O l ' e ~ ~ i g h t l'roricicnt of this act toprohibit their continuous ('Onfincment berond the periotl of twent,\'-eight hours.except upon the c o n t i n ~ c n ( ' l e s hCl'einbeforc stated : P/'f)vide(/., That it shllll notbe l'eqnil'ecl that sheep lw unloadCtl in the ni,chttime, but where the time e:


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INTERSTA'rEi 'l'RANSPORTATION OJ!' LIVE STOCK, 19at the rcasonable expense of the owner or pcroon in cust.ody thereof, and suc hndll'oad, express CO IllL)any, cur c'(}lUpany, common Ctl l'l'icl' other Lhan by wat.er,receiver, t.rustec, 0" lessee o( any of them, owners or maste,"'s, shall in


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PUBLICATIONS OF THE UNITED STATES DEPARTMENT OFAGlUCULTURE RELATING TO THE SHIPMENT OF LIVESTOCK.

AVAILABLE FOR FREE DISTRIBUTION BY THE DEPARTMENT.CooperaUve; J;ive Stock Shipping Association. (Jj'urmcl's' Bulletin No. 718.).Mul'ketiog Live ~ t o c J .. in the So u t h. (1)'

Documents

USDA 28 Hour Law