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Seca. 4 and sion, but not to exceed in the case of any district inspector six hundred dollars per year. In order to obtain the most competent inspectors possible, it shall be the duty of the chief inspector to prepare a list of questions to be propounded to applicants with respect to construction, repair, operation, testing, and inspection of loco- Exemination

of motive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission, shall be used by the Civil Service Commission as a part of its examination. No person interested, either directly or indirectly, in any patented article required to be used on any locomotive under supervision or who is intemperate in his habits shall be eligible Disqualificar to hold the office of either chief inspector or assistant or district inspector.

Within the appropriations therefor and subject to the provisions of this Act, the Interstate Commerce Com- Additional is mission may appoint, from time to time, not more than spectors author fifteen inspectors in addition to the number authorized in the first paragraph of this section, as the needs of the service may require. Any inspector appointed under this paragraph shall be so assigned by the chief inspector

Assignment that his service will be most effective.

Sec. 5. That each carrier subject to this Act shall file Rules for it its rules and instructions for the inspection of locomotive dled by carriers boilers with the chief inspector within three months after the approval of this Act, and after hearing and approval by the Interstate Commerce Commission, such rules and of rules fled:

Approval, eta instructions, with such modifications as the Commission requires, shall become obligatory upon such carrier: Provided, however, That if any carrier subject to this Act Rules to be obshall fail to file its rules and instructions the chief in- served it carrier spector shall prepare rules and instructions not inconsistent herewith for the inspection of locomotive boilers, to be observed by such carrier; which rules and instructions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the president, general manager, or general superintendent of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided : Provided also, That such common carrier may from time to time change the rules and regulations herein provided for, but such change shall not take effect and the new rules and regulations be

Provisos.

fails to file any.

Changa.

* Increased to $1,000, 43 Stat. L., 860.

5238o-2015

Office rules.

rules.

District inspection.

tion of boilers.

Sees, 5 and 6

in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The chief inspector shall also make all needful rules, regulations, and instructions not inconsistent herewith for the

conduct of his office and for the government of the disApproval of an trict inspectors: Provided, however, That all such rules

and instructions shall be approved by the Interstate Commerce Commission before they take effect.

Sec. 6. That it shall be the duty of each inspector to become familiar, so far as practicable, with the condition of each locomotive boiler ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the chief inspector or an assistant shall make such division between inspec

tors as will avoid the necessity for duplication of work. Personal inspec. Each inspector shall make such personal inspection of

the locomotive boilers under his care from time to time as may be necessary to fully carry out the provisions of this Act, and as may be consistent with his other duties, but he shall not be required to make such inspections at

stated times or at regular intervals. His first duty shall Inspection by be to see that the carriers make inspections in accordance

with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such inspections disclose before the boiler or boilers or appurtenances pertaining thereto

are again put in service. To this end each carrier subSwor reports ject to this Act shall file with the inspector in charge,

under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and regulations hereinbefore pro

vided for shall prescribe the time at which such reports Notice of defec- shall be made. Whenever any district inspector shall, in

the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated, he shall notify the carrier in writing that the locomotive is not in serviceable condition, and thereafter such boiler shall not be used until in serviceable condition: Provided,

carriers.

to be filed.

tive boiler or apparatus.

Seen: 68

rier to .

Com

That a carrier, when notified by an inspector in writing , Appeals

by car. that a locomotive boiler is not in serviceable condition spector. because of defects set out and described in said notice, may, within five days after receiving said notice, appeal to the chief inspector by telegraph or by letter to have said boiler reexamined, and upon receipt of the appeal from the inspector's decision the chief inspector shall assign one of the assistant chief inspectors or any district inspector other than the one from whose decision the appeal is taken to reexamine and inspect said boiler Reexamination, within fifteen days from date of notice. If upon such reexamination the boiler is found in serviceable condition, the chief inspector shall immediately notify the carrier in writing, whereupon such boiler may be put into service without further delay; but if the reexamination of said boiler sustains the decision of the district inspector, the chief inspector shall at once notify the carrier owning or operating such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of such notice the carrier may, within thirty

, days, appeal to the Interstate-Commerce Commission, and Appeals to Inupon such appeal, and after hearing, said Commission merce Commis shall have power to revise, modify, or set aside such action of the chief inspector and declare that said loco- Final action. motive is in serviceable condition and authorize the same to be operated : Provided further, That pending either Inspector's re

quirements effeoappeal the requirements of the inspector shall be effective. tive pending ap

peals. Sec. 7. That the chief inspector shall make an annual

Annual report report to the Interstate Commerce Commission of the tor. work done during the year, and shall make such recommendations for the betterment of the service as he may desire.

SEC, 8. That in the case of accident resulting from failure of boilers, failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury, or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the carrier owning or operating said locomotive, to the chief inspector; whereupon the facts concerning such accident shall be Investigation. investigated by the chief inspector or one of his assistants, or such inspector as the chief inspector may designate for that purpose. And where the locomotive is disabled to the extent that it can not be run by its own

Bion.

.

of chief inspeo

Accidents from

F

Disabled parts to be preserved.

Seca. 8-10

ports.

Commission as to

reoommendation,

Reports, not admitted in damage suits.

steam, the part or parts affected by the said accident shall be preserved by said carrier intact, so far as possible, without hindrance or interference to traffic until after said inspection. The chief inspector or an assistant or the designated inspector making the investigation shall

examine or cause to be examined thoroughly the boiler or Detailed re-part affected, making full and detailed report of the cause

of the accident to the chief inspector. Reports by The Interstate Commerce Commission may at any time cause of acci- call upon the chief inspector for a report of any accident , and

embraced in this section, and upon the receipt of said report, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper.

Such reports shall be made public in such manner as the etc., Commission deems proper. Neither said report nor any

report of said investigation nor any part thereof shall be admitted as 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. 9. That any common carrier violating this Act or any rule or regulation made under its provisions or any lawful order of any inspector shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United

States having jurisdiction in the locality where such vioDuty, of dis lation shall have been committed; and it shall be the duty

of such attorneys, subject to the direction of the Attorney General, to bring such suits upon duly verified informa

tion being lodged with them, respectively, of such vioInformation lations having occurred; and it shall be the duty of the from chief inspee- chief inspector of locomotive boilers to give information

to the proper United States attorney of all violations of this act coming to his knowledge.

SEC. 10.1

[Amendment of March 4, 1915.] (Sec. 1.) That section Entire locomo- two of the act entitled “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," approved February seventeenth,

Penalty.

trict attorneys to bring suits.

.

38 Stat. L., 1192.

tive included.

Sec. 10 repealed June 7, 1924, 43 Stat. L., 659.

tended.

nineteen hundred and eleven, shall apply to and include the entire locomotive and tender and all parts and appurtenances thereof.

(Sec. 2.) That the chief inspector and the two assistant Inspection exchief inspectors, together with all the district inspectors, appointed under the Act of February seventeenth, nineteen hundred and eleven, shall inspect and shall have the same powers and duties with respect to all the parts and appurtenances of the locomotive and tender that they now have with respect to the boiler of a locomotive and the appurtenances thereof, and the said Act of February seventeenth, nineteen hundred and eleven, shall apply to and include the entire locomotive and tender and all their parts with the same force and effect as it now applies to locomotive boilers and their appurtenances. That upon Examination as the passage of this Act all inspectors and applicants for as inspector. the position of inspector shall be examined touching their qualifications and fitness with respect to the additional duties imposed by this act.

(Sec. 3.) That nothing in this act shall be held to alter, Safety appliamend, change, repeal, or modify any other Act of Con- tered. gress than the said Act of February seventeenth, nineteen hundred and eleven, to which reference is herein specifically made, or any order of the Interstate Commerce Commission promulgated under the safety appliance Act of March second, eighteen hundred and ninety-three, and supplemental Acts.

ance laws not al.

BLOCK SIGNAL RESOLUTION

JOINT RESOLUTION Directing the Interstate Commerce Com- (June 30, 1906.)

mission to investigate and report on block-signal systems and appliances for the automatic control of railway trains.

Resolved by the Senate and House of Representatives 34 Stat. L., 838. of the United States of America in Congress assembled, Investigation as That the Interstate Commerce Commission be, and it is sity for block sighereby, directed to investigate and report on the use of and necessity for block-signal systems and appliances for 325. the automatic control of railway trains in the United Employment of States. For this purpose the Commission is authorized to employ persons who are familiar with the subject, and may use such of its own employees as are necessary to make a thorough examination into the matter.

nals.

See 35 Stat. L.,

experts.

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