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dial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this
Act and the other Acts herein referred to; and nothing Hauling by in this proviso shall be construed to permit the hauling
of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain
live stock or “ perishable " freight. Unless excepted, provisions
Sec. 5. That except that, within the limits specified in ab act of Marinathe preceding section of this Act, the movement of a car ments applicable with defective or insecure equipment may be made with
out incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in this Act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninetysix, and March second, nineteen hundred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second. nineteen hundred and three, shall apply to this Act.
SEC. 6. That it shall be the duty of the Interstate Commerce Commission to enforce the provisions of this Act, and all powers heretofore granted to said Commission are hereby extended to it for the purpose of the enforcement of this Act.
That the jurisdiction of the Interstate Commerce Compliance with act
, mission to extend the period within which any common carrier shall comply with the provisions of section three of the Act entitled “ An Act to supplement' An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes,' and other
Commission to enforce act.
Extension of time for com
36 Stat. L., 1397.
safety-appliance acts, and for other purposes," approved April fourteenth, nineteen hundred and ten, shall apply to cars actually placed in service between the date of the passage of said Act and the first day of July, nineteen hundred and eleven, in the same manner and to the same extent that it applies to cars actually in service upon the date of the passage of said Act.
[Provision in the Sundry Civil Appropriations Act of
June 28, 1902]
32 Stat. L., 444,
To enable the Interstate Commerce Commission to Employment of keep informed regarding compliance with the "Act to promote the safety of employees and travelers upon railroads," approved March 2, 1893, including the employment of inspectors to execute and enforce the requirements of the said Act, $35,000.
(Provision in the Act to amend the Judicial Code, Sep
tember 6, 1916]
Sec. 4. That judgments and decrees of the circuit 39 Stat. L.,728. courts of appeals in all proceedings and causes arising cision of circuit under “An Act to establish a uniform system of bank-courts of appeals. ruptey throughout the United States," approved July first, eighteen hundred and ninety-eight, and in all controversies arising in such proceedings and causes; also, in all causes arising under "An Act relating to the liability of common carriers by railroad to their employees in certain cases," approved April twenty-second, nineteen hundred and eight; also, in all causes arising under “ An Act to promote the safety of employees and travelers upon railroads by limiting the hours of service of employees thereon," approved March fourth, nineteen hundred and seven; also, in all causes arising under “An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other
Sees, 1 and 2
purposes," approved March second, eighteen hundred and ninety-three; and, also, in all causes arising under any amendment or supplement to any one of the aforementioned Acts which has been heretofore or may hereafter be enacted, shall be final, save only that it
shall be competent for the Supreme Court to require Certiorari. by certiorari, upon the petition of any party thereto,
that the proceeding, case, or controversy be certified to it for review and determination, with the same power and authority and with like effect as if taken to that court by appeal or writ of error.
ACCIDENT REPORTS ACT (May 6, 1910.) AN ACT Requiring common carriers engaged in interstate and
foreign commerce to make full reports of all accidents to the Interstate Commerce Commission, and authorizing investigations thereof by said Commission.
Be it enacted by the Senate and House of Representa36 Stat. L., 850. tives of the United States of America in Congress assem
Vled, That it shall be the duty of the general manager, Monthly reports of railway superintendent, or other proper officer of every common
carrier engaged in interstate or foreign commerce by tailroad to make to the Interstate Commerce Commission, at its office in Washington, District of Columbia, a monthly report, under oath of all collisions, derailments, or other accidents resulting in injury to persons, equipment, or roadbed arising from the operation of such railroad under such rules and regulations as may be prescribed by the said Commission, which report shall state the nature
and causes thereof and the circumstances connected thereSuch informa- with: Provided, That hereafter all said carriers shall be in annual reports. relieved from the duty of reporting accidents in their
annual financial and operating reports made to the Commission.
SEC. 2. That any common carrier failing to make such ure to report. report within thirty days after the end of any month
shall be deemed guilty of a misdemeanor, and upon conviction thereof by a court of competent jurisdiction shall be punished by a fine of not more than one hundred dollars for each and every offense and for every day during which it shall fail to make such report after the time herein specified for making the same.
tion not required
Penalty for fail
SEO. 3. That the Interstate Commerce Commission Commission
may, investigate shall have authority to investigate all collisions, derail- accidents. ments, or other accidents resulting in serious injury to person or to the property of a railroad occurring on the line of any common carrier engaged in interstate or foreign commerce by railroad. The Commission, or any impartial investigator thereunto authorized by said Commission, shall have authority to investigate such collisions, derailments, or other accidents aforesaid, and all the attending facts, conditions, and circumstances, and Production of for that purpose may subpæna witnesses, administer testimony. oaths, take testimony, and require the production of books, papers, orders, memoranda, exhibits, and other evidence, and shall be provided by said carriers with all reasonable facilities: Provided, That when such accident to cooperate with is investigated by a commission of the State in which it sions. occurred, the Interstate Commerce Commission shall, if convenient, make any investigation it may have previously determined upon, at the same time as, and in connection with, the state commission investigation. Said Commission shall, when it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems gations. proper. Such reports shall be made public in such manner as the Commission deems proper.
Sec. 4. That neither said report nor any report of said Reports not investigation nor any part thereof shall be admitted as damage suits. evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. SEC. 5. That the Interstate Commerce Commission is
prescribe authorized to prescribe for such common carriers a form of report. method and form for making the reports hereinbefore provided.
Sec. 6. That the Act entitled "An Act requiring com- Repeal of prior mon carriers engaged in interstate commerce to make full reports of all accidents to the Interstate Commerce Commission,” approved March third, nineteen hundred and one, is hereby repealed.
Sec. 7. That the term “interstate commerce,” as used Interstate comin this Act, shall include transportation from any State commerce defined. or Territory or the District of Columbia to any other State or Territory or the District of Columbia, and the
Commission to report investi
term “foreign commerce," as used in this Act, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia.
Sec. 8. That this Act shall take effect sixty days after its passage.
When act effective.
MEDALS OF HONOR ACT
[Feb. 89, 1905.] AN ACT To promote the security of travel upon railroads engaged
in interstate commerce, and to encourage the saving of life.
saving upon rail. roads.
Be it enacted by the Senate and House of Representa
tives of the United States of America in Congress assemMedals for life bled, That the President of the United States be, and he
is hereby, authorized to cause to be prepared bronze 89 Stat. L., 743, medals of honor, with suitable emblematic devices, which
shall be bestowed upon any persons who shall hereafter, by extreme daring, endanger their own lives in saving, or endeavoring to save, lives from any wreck, disaster, or grave accident, or in preventing or endeavoring to prevent such wreck, disaster, or grave accident, upon any
railroad within the United States engaged in interstate No award with commerce: Provided, That no award of said medal shall out sufficient
be made to any person until sufficient evidence of his deserving shall have been furnished and placed on file, under such regulations as may be prescribed by the President of the United States.
SEC. 2. That the President of the United States be, and he is hereby, authorized to issue to any person to whom a
medal of honor may be awarded under the provisions of Rosettes, etc. this Act a rosette or knot, to be worn in lieu of the medal,
and a ribbon to be worn with the medal; said rosette or knot and ribbon to be each of a pattern to be prescribed
by the President of the United States: Provided, That Replacement. whenever a ribbon issued under the provisions of this Act
shall have been lost, destroyed, or rendered unfit for use without fault or neglect on the part of the person to whom it was issued, a new ribbon shall be issued to such person
without charge therefor. Payment of ex- Sec. 3. That the appropriations for the enforcement penses.
and execution of the provisions of the Acts to promote the safety of employees and travelers upon railroads are hereby made available for carrying out the provisions of this Act.