Sec. 232

TRANSPORTATION OF EXPLOSIVES 1

[Mar. 4, 1921.] AN ACT To amend an Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909 (Thirty-fifth Statutes at Large, page 1134).

85 Stat. L, 1184. 41 Stat. L., 1444. High explosives

on passenger vehicles.

smokeless pow

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That sections 232, 233, 234, 235, and 236 of the Act to codify, revise, and amend the penal laws of the United States, approved March 4, 1909, be amended to read, respectively, as follows:

SEC. 232. It shall be unlawful to transport, carry, or convey, within the limits of the jurisidiction of the United not to be carried States, any high explosive, such as, and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation of passengers by a common carrier engaged in interstate or foreign commerce, which vessel, car, or vehicle is carryProviso as to ing passengers for hire: Provided, That it shall be lawful der, primers, etc. to transport on any such vessel, car, or vehicle smokeless powder, primers, fuses, not including detonating fuzes, fireworks, or other similar explosives, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel, car, or vehicle; but such explosives shall not be carried in that part of a vessel, car, or vehicle which is being used for the transportation of passengers Proviso as to for hire: Provided further, That it shall be lawful to munition, etc. transport on any such vessel, car, or vehicle small-arms ammunition in any quantity, and such fusees, torpedoes, rockets, or other signal devices as may be essential to proProviso as to mote safety in operation: And provided further, That with munitions. nothing in this section shall be construed to prevent the transportation of military or naval forces with their ac

small-arms am

military forces

1 By an Act entitled "An Act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, to take effect and be in force on and after the first day of January, 1910, the Act entitled "An Act to promote the safe transportation in interstate commerce of explosives and other dangerous articles, and to provide penalties for its violation," approved May 30, 1908, was repealed, and the sections of said Act to codify, revise, and amend the penal laws of the United States were substituted therefor.

Secs. 232 and 233

companying munitions of war on passenger-equipment vessels, cars, or vehicles.

The words "detonating fuzes," as used in this section Definitions. shall be interpreted to mean fuzes used in naval or military service to detonate the high explosive bursting charges of projectiles, mines, bombs, or torpedoes. The word" fuzes" as used herein shall be interpreted to mean devices used in igniting the bursting charges of projectiles. The word "primers" as used herein shall be interpreted to mean devices used in igniting the propelling powder charges of ammunition. The word "fuses" as used herein shall be interpreted to mean the slow-burning fuses used commercially and intended to convey fire to an explosive or combustible mass slowly or without danger to the person lighting. The word "fusees" as used herein shall be interpreted to mean the fusees ordinarily used on steamboats and railroads as night signals.

Commission to make regulations

of explosives.

SEC. 233. The Interstate Commerce Commission shall formulate regulations for the safe transportation within for transportation the limits of the jurisdiction of the United States of explosives and other dangerous articles, including inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land or water, and upon all shippers making shipments of explosives or other dangerous articles via any common carrier engaged in interstate or foreign commerce by land or water. Said Commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desir- Changes in regable by new information or altered conditions. Such regulations shall be in accord with the best-known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall, unless a shorter time is authorized by the Commission, take effect ninety days after their formula- when regulation and publication by said Commission and shall be in tions become efeffect until reversed, set aside, or modified. In the execution of the provisions of this Act the Interstate Com

ulations.

fective.

Secs. 283-236

may utilize serv

Commission merce Commission may utilize the services of the bureau ices of other bu- for the safe transportation of explosives and other dan

reaus.

Liquid

nitro

glycerin, etc., not

freight or passenger vehicles.

gerous articles, and may avail itself of the advice and assistance of any department, commission, or board of the Government, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law.

SEC. 234. It shall be unlawful to transport, carry, or to be carried on convey within the limits of the jurisdiction of the United States, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation of passengers or property by land or water by a common carrier engaged in interstate or foreign commerce.

Packages of ex

plosives marked.

to be

Unlawful to de

of explosives.

SEC. 235. Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the liver falsely outside thereof the contents thereof; and it shall be unmarked package lawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by land or water, or to carry upon any vessel, car, or vehicle operated by any common carrier engaged in interstate or foreign commerce by land or water any explosive, or other dangerous article, as specified in section 233 of this Act, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier in writing of the true character thereof, at or before the time such delivery or carriage is made. Whoever shall knowingly violate, or cause to be violated, any provision of this section, or of the three sections last preceding, or any regulation made by the Interstate Commerce Commission in pursuance thereof, shall be fined not more than $2,000 or imprisoned not more than eighteen months, or both.

Penalty.

Penalty, when death or bodily injury results

from violations. person

SEC. 236. When the death or bodily injury of any results from the violation of any of the four seetions last preceding, or any regulation made by the Interstate Commerce Commission in pursuance thereof, the person or persons who shall have so knowingly violated, or caused to be violated, such provision or regulation, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.

Secs. 1-3

BOILER INSPECTION ACT [AS AMENDED]

AN ACT To promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto.

66

[Feb. 17, 1911.}

Locomotive

boilers.

riers affected by

act.

36 Stat. L, 913. 48 Stat. L., 659.

43

Exclusions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SEC. 1. [As amended June 7, 1924.] That when used in this Act the terms "carrier " and common car- Common carrier" mean a common carrier by railroad, or partly by railroad and partly by water, within the continental United States, subject to the Interstate Commerce Act, as amended, excluding street, suburban, and interurban electric railways unless operated as a part of a general railroad system of transportation. The term "railroad "terms. as used in this Act shall include all the roads in use by any common carrier operating a railroad, whether owned or operated under a 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.

Meaning of "Railroad."

"Employees."

Use of locomo

unless boilers,

SEC. 2. [As amended June 7, 1924.] That it shall be unlawful for any carrier to use or permit to be used on tives and tenders its line any locomotive unless said locomotive, its boiler, etc., in safe contender, and all parts and appurtenances thereof are in dition unlawful. proper condition and safe to operate in the service to which the same are put, that the same may be employed in the active service of such carrier without unnecessary peril to life or limb, and unless said locomotive, its boiler, tender, and all parts and appurtenances thereof have been inspected from time to time in accordance with the quired. provisions of this Act and are able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for.

Inspection re

Chief and two

Appointment,

SEC. 3. [As amended June 7, 1924.] That there shall assistant chief inbe appointed by the President, by and with the advice spectors. and consent of the Senate, a chief inspector and two etc. assistant chief inspectors of locomotive boilers, who shall have general superintendence of the inspectors. hereinafter provided for, direct them in the duties hereby imposed upon them, and see that the requirements of this Act and the rules, regulations, and

Sees. 3 and 4

instructions made or given hereunder are observed by common carriers subject hereto. The said chief inspecSelection, qual- tor and his two assistants shall be selected with reference ifications. to their practical knowledge of the construction and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and maintenance of locomotive Salaries, trav- boilers. The chief inspector shall receive a salary of four thousand dollars per year and the assistant chief inspectors shall each receive a salary of three thousand dollars' per year; and each of the three shall be paid his traveling expenses incurred in the performance of his duties. Office; clerical The office of the chief inspector shall be in Washington,

eling expenses.

help.

Division into dis

inspection

tricts.

tors.

District of Columbia, and the Interstate Commerce Commission shall provide such legal, technical, stenographic, and clerical help as the business of the offices of the chief inspector and his said assistants may require.

SEC. 4. [As amended June 7, 1924.] That immediately after his appointment and qualification the chief inspector shall divide the territory comprising the several States, the Territories of New Mexico and Arizona, and the District of Columbia into fifty locomotive boilerinspection districts, so arranged that the service of the inspector appointed for each district shall be most effective, and so that the work required of each inspector District inspec. shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Commission fifty inspectors of locomotive boilers. Said inspectors classified shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. The chief inspector shall assign one inspector so appointed to each of the districts hereinSalaries, etc. before named. Each inspector shall receive a salary of one thousand eight hundred dollars per year and his traveling expenses while engaged in the performance of his duty. He shall receive in addition thereto an annual allowance for office rent, stationery, and clerical assistance, to be fixed by the Interstate Commerce Commis

In

civil service.

Increased to $5,000, 40 Stat. L., 616; increased to $6,000, 43 Stat. L., 2 Increased to $4,000, 40 Stat. L., 616; increased to $5,000, 43 Stat. L.,

659.

659.

659.

Increased to $3,000, 40 Stat. L., 616; increased to $3,600, 43 Stat. L.,