EVAN A. EVANS, Circuit Judge.
Plaintiff was convicted of violating section 2 of the Hours of Service Act (34 Stat. 1415 [Comp. St. § 8678]). The material portions of the act, so far as this case is concerned, read as follows:
"Provided, that no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements shall be required...
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