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affidavits.

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. 1. Applications for medals under this Act should be Applications for

medals, how 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 eyewitnesses, of good reputé 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 au- Supporting thorized 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. 2. Applications for medals, together with all affidavits Committee

considor applicar and other evidence received in connection therewith, shall tions. 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

Investigation

by inspector for mittee may, with the approval of the Commission, direct Commission. any inspector in the employ of the Commission to proceed to the locality where the service was performed for which a medal is claimed, and make a personal investi

47719° -21-13

brief.

tions.

Secs. 1 and 2

gation 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 recom 3. Upon final approval of the committee's recommendaconfendation made tion by the President the Commission shall take such

measures to carry the recommendation into effect as the

President may direct. Dosigos for

4. The Commission shall cause designs to be prepared medals.

for the medal, rosette, and ribbon provided for by the Act, which designs shall be submitted to the President for his approval.

are act.

HOURS OF SERVICE ACT [AS AMENDED). AN ACT To promote the safety of employees and travelers upon rail.oads 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 assem34 Stat. L., 1415. bled, That the provisions of this Act shall apply to any

What carriers common carrier or carriers, their officers, agents, and emand employees subject to

ployees, engaged in the transportation of passengers or 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 Torm rallroad to any other place in tbe United States. The term "raildefined.

road” 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 op

erating 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.

SEC. 2. That it shall be unlawful for any common carrier, its officers or agents, subject to this Act to require or permit any employee subject to this Act to be or remain 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 l'on consecu. again to go on duty until he has had at least ten consecu

tive hours off duty; and no such employee who bas been

defned.

Sixteen hours the maximum continuous servIco af employces.

hours

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tive duty.

Secs. 2 and 3

tors.

on duty sixteen hours in the aggregate in any twenty-Maximum in

24-. 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 no erator, train dispatcher, or other employee who by the telephone operar use 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 twentyfour-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 monitor cond

pliance with pro for good cause shown extend the period within which a Pisos common carrier shall comply with the provisions of this proviso as to such case.

SEC. 3 (as amended May 4, 1916]. That any such com- 39 Stat. L., 61 mon 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 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 tations for bringof one year from the date of such violation; and it shall ing sult. also be the duty of the Interstate Commerce Commission to lodge with the proper district attorney information of any such violations as may come to its knowledge. In all to Chave domowl prosecutions under this act the common carrier shall be edge of agent's deemed to bave knowledge of all acts of all its officers and agents: Provided, That the provisions of this act shall Provisor, as to not apply in any case of casualty or unavoidable accident cidents, etc. 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

Penalty.

of

acts.

ao

Secs. 1 and 2 "Wrecking crews terminal, and which could not have been foreseen: Pro. Phat an excepted.

vided further, That the provisions of this act shall not relatio apply to the crews of wrecking or relief trains. That ile to nothing in this act shall affect, or be held to affect, any very suc suit that may be instituted for recovery of penalty for through violation of the act hereby amended occurring prior to the set coup approval of this act, or any suit for such penalty or grow- xbralita ing out of alleged violation of the act hereby amended and which may be pending in any court at the time of the to bring approval of this act.

a lodge 34 Stat. L..1415. SEC. 4. It shall be the duty of the Interstate Commerce ind its

Commission to execute and enforce the provisions of this comm act, and all powers granted to the Interstate Commerce inform Commission are hereby extended to it in the execution of its know

this act." When Act ef- Sec. 5. That this act shall take effect and be in force listin

one year after its passage.

Commission to anforce Act.

loctive.

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tended

39 Stat. L., 726. Section 4 of an act of September 6, 1916, amending the That t

Judicial Code, makes judgments and decrees of the cir- stel in cuit courts of appeals in all proceedings and causes aris-incorp ing under the hours of service Act final, but excepts writs en an of certiorari of the Supreme Court. See ante, page 189.

. That

ASH-PAN ACT.
AN ACT To promote the safety of employees on railroads.
Be it enacted by the Senate and House of Representa-

tives of the United States of America in Congress assem88 Stat. L., 476. bled, That on and after the first day of January, nineteen

hundred and ten, it shall be unlawful for any common
carrier engaged in interstate or foreign commerce by rail-

road to use any locomotive in moving interstate or foreign Ash-pan equip traffic, not equipped with an ash pan, which can be locomotives. dumped or emptied and cleaned without the necessity of

any employee going under such locomotive. Act applicable SEO. 2. That on and after the first day of January, lumbia and Ter.i- nineteen hundred and ten, it shall be unlawful for any

common 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 locomotivo.

ment required on locomotives.

m

District of Co

tories.

Secs, 3-6 3. That any such common carrier using any loco- Penaltica in violation of any of the provisions of this Act - liable to a penalty of two hundred dollars for d every such violation, to be recovered in a suit or be brought by the United States district attorney istrict court of the United States having jurisdicche locality where such violation shall have been ed; and it shall be the duty of such district Duty of district - to bring such suits upon duly verified informa- su ng lodged with him of such violation having ; and it shall also be the duty of the Interstate Commission to

lodge in forma. ce Commission to lodge with the proper district tion. s information of any such violations as may its knowledge.

That it shall be the duty of the Interstate Com- Commission to mmission to enforce the provisions of this Act, wers heretofore granted to said Commission are tended to it for the purpose of the enforcement,

Act.

rier includes re

That the term "common carrier" as used in common. car. shall include the receiver or receivers or other ceiver. I corporations charged with the duty of the ent and operation of the business of a common

That nothing in this Act contained shall apply. When ash pan

is unnecessary. Fomotive upon which, by reason of the use of city, or other such agency, an ash pan is not

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