REGULATIONS Governing the award of life-saving medals under the foregoing Act. Made by the President of the United States on March 29, 1905, and amended April 22, 1913. medals, how 1. Applications for medals under this Act should be Applications for addressed to and filed with the Interstate Commerce made. Commission, at the city of Washington, D. C. Satisfactory evidence of the facts upon which the application is based must be filed in each case. This evidence should be in the form of affidavits made by eye witnesses, of good repute and standing, testifying of their own knowledge. The opinion of witnesses that the person for whom an award is sought acted with extreme daring and endangered his life is not sufficient, but the affidavits must set forth the facts in detail, and show clearly in what manner and to what extent life was endangered and extreme daring exhibited. The railroad upon which the incident occurred, the date, time of day, condition of the weather, the names of all persons present when practicable, and other pertinent circumstances should be stated. The affidavits should be made before an officer duly authorized to administer oaths and be accompanied by the certificate of some United States official of the district in which the affiants reside, such as a judge or clerk of United States court, district attorney, or postmaster, to the effect that the affiants are reputable and creditable persons. If the affidavits are taken before an officer without an official seal, his official character must be certified by the proper officer of a court of record under the seal thereof. Supporting affdavits. Committee tions. to 2. Applications for medals, together with all affidavits consider applica and other evidence received in connection therewith, shall be referred to a committee of three persons, consisting of the secretary of the Commission, the chief inspector of safety appliances, and the assistant chief inspector of safety appliances. This committee shall carefully consider each application presented, and after thoroughly weighing the evidence, shall prepare an abstract or brief Abstract or covering the case, and file the same, together with the committee's recommendation, with the Commission, which Recommendabrief and recommendation shall be transmitted by the Commission to the President for his approval. The com tions. Secs. 1 and 2 mittee may, with the approval of the Commission, direct Investigation any inspector in the employ of the Commission to proby inspector for Commission. ceed to the locality where the service was performed for which a medal is claimed, and make a personal investigation and report upon the facts of the case, which report shall be filed and made a part of the evidence considered by the committee. HOW recommendation made effective. medals. 3. Upon final approval of the committee's recommendation by the President the Commission shall take such measures to carry the recommendation into effect as the President may direct. Designs for 4. The Commission shall cause designs to be prepared for the medal, rosette, and ribbon provided for by the Act, which designs shall be submitted to the President for his approval. [Mar. 4, 1907.] HOURS OF SERVICE ACT [AS AMENDED] AN ACT To promote the safety of employees and travelers upon railroads by limiting the hours of service of employees thereon. Be it enacted by the Senate and House of Representa tives of the United States of America in Congress assem84 Stat. L., 1415. bled, That the provisions of this Act shall apply to any What carriers common carrier or carriers, their officers, agents, and emane subject to ployees, engaged in the transportation of passengers or and employees act. road" defined. property by railroad in the District of Columbia or any Territory of the United States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country Term "rail to any other place in the United States. The term "railroad" as used in this Act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a "Employees "contract, agreement, or lease; and the term "employees" as used in this Act shall be held to mean persons actually engaged in or connected with the movement of any train. hours SEC. 2. That it shall be unlawful for any common carcontinuous serv- rier, its officers or agents, subject to this Act to require or permit any employee subject to this Act to be or remain defined. Sixteen the maximum ice of employees. Secs. 2 and 3 Ten consecutive hours off duty. Maximum in tors. on duty for a longer period than sixteen consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-24-hour period. four-hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty: Provided, That no op- Proviso, as to telegraph and erator, train dispatcher, or other employee who by the telephone operause of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated night and day, nor for a longer period than thirteen hours in all towers, offices, places, and stations operated only during the daytime, except in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period or not exceeding three days in any week: Provided further, The Interstate Commerce Com- Commission mission may after full hearing in a particular case and period for comfor good cause shown extend the period within which a viso. common carrier shall comply with the provisions of this proviso as to such case. may extend pliance with pro 89 Stat. L., 61. SEC. 3. [As amended May 4, 1916.] That any such common carrier, or any officer or agent thereof, requiring or permitting any employee to go, be, or remain on duty in violation of the second section hereof shall be liable to a penalty of not less than $100 nor more than $500 for each Penalty. and every violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violations shall have been committed; and it shall be the duty of such district attorney to bring such suit upon satisfactory information being lodged with him; but no such suit shall be brought after the expiration of one year from the date of such violation; and it shall also be the duty of the Interstate Commerce Com Period of limi tations for bring ing suit. Secs. 1 and 2 Carrier deemed acts. unavoidable accidents, etc. mission to lodge with the proper district attorney information of any such violations as may come to its knowledge. In all prosecutions under this act the common carto have knowl- rier shall be deemed to have knowledge of all acts of all edge of agent's its officers and agents: Provided, That the provisions of Proviso, as to this act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of such employee at the time said employee left a terminal, and which could not have Wrecking crews been foreseen: Provided further, That the provisions of this act shall not apply to the crews of wrecking or relief trains. That nothing in this act shall affect, or be held to affect, any suit that may be instituted for recovery of penalty for violation of the act hereby amended occurring prior to the approval of this act, or any suit for such penalty or growing out of alleged violation of the act hereby amended which may be pending in any court at the time of the approval of this act. excepted. 84 Stat. L., 1415. Commission to enforce Act. When Act ef fective. 89 Stat. L., 726. SEC. 4. It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this act. SEC. 5. That this act shall take effect and be in force one year after its passage. Section 4 of an act of September 6, 1916, amending the Judicial Code, makes judgments and decrees of the cireuit courts of appeals in all proceedings and causes arising under the hours of service Act final, but excepts writs of certiorari of the Supreme Court. See ante, page 205. ASH PAN ACT [May 30, 1908.] 35 Stat. L., 476. AN ACT To promote the safety of employees on railroads. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That on and after the first day of January, nineteen hundred and ten, it shall be unlawful for any common Secs. 2-6 carrier engaged in interstate or foreign commerce by railroad to use any locomotive in moving interstate or foreign traffic, not equipped with an ash pan, which can be Ash-pan_equipdumped or emptied and cleaned without the necessity of locomotives. any employee going under such locomotive. ment required ou in District of Co ritories. SEC. 2. That on and after the first day of January,, Act applicable nineteen hundred and ten, it shall be unlawful for any lumbia and Tercommon carrier by railroad in any Territory of the United States or the District of Columbia to use any locomotive not equipped with an ash pan, which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive. SEC. 3. That any such common carrier using any loco- Penalties motive in violation of any of the provisions of this Act shall be liable to a penalty of two hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district Duty of district attorneys to bring attorney to bring such suits upon duly verified informa- suit. tion being lodged with him of such violation having Commission occurred; and it shall also be the duty of the Interstate to Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge. to lodge informa enforce Act. SEC. 4. That it shall be the duty of the Interstate Com- Commission to merce 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. rier includes re SEC. 5. That the term 66 common carrier " as used in Common carthis Act shall include the receiver or receivers or other ceiver. persons or corporations charged with the duty of the management and operation of the business of a common carrier. to SEC. 6. That nothing in this Act contained shall apply. When ash pam any locomotive upon which, by reason of the use of oil, electricity, or other such agency, an ash pan is not necessary. is unnecessary. |