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Sec. 232

TRANSPORTATION OF EXPLOSIVES.

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).

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 35 Stat. L., 1134.

High explosives convey, within the limits of the jurisdiction of the United not to be carried States, any high explosive, such as, and including, dyna

mite, 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 carrymoteries 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

hicles.

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of explosives and other dangerous articles, and to provide penalties for its violation,” approved May 30, 1908, was repealed, and the sections of said Act to codify, revise, and amend the penal laws of the United States were substituted therefor.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

am

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 for hire: Provided further, That it shall be lawful to trans- Proviso as to port on any

such vessel, car, or vehicle small-arms ammu-munition, etc. nition in any quantity, and such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in operation: And provided further, That nothing Proviso as to in this section shall be construed to prevent the transpor- with munitions. tation of military or naval forces with their accompanying 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 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.

SEC. 233. The Interstate Commerce Commission shall Commission to 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, cor

make regulations

1

Secs. 233 and 234

ulations.

rosive 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 in reg-changes or modifications in such regulations, made desir

able 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. When regula-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 formulation and publication by said Commission and shall be in effect until reversed, set aside, or modified. In the exe

cution of the provisions of this Act the Interstate ComCommission merce Commission may utilize the services of the bureau ices of other bu-for the safe transportation of explosives and other dan

gerous articles, and may avail itself of the advice and assistance of any department, commission, or board of the Government, b t no official or employee of the United States shall receive any additional compensation for such

service except as now permitted by law. Liquid

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 con

tions become effective.

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dition, 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.

SEC. 235. Every package containing explosives or Packages of exother dangerous articles when presented to a common marked. carrier for shipment shall have plainly marked on the outside thereof the contents thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, Unlawful to de to any common carrier engaged in interstate or foreign marked package

of explosives. 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 Penalty. 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.

SEC. 236. When the death or bodily injury of any Penalty, when person results from the violation of any of the four sec-injury results tions 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.

from violations.

Se, s. 1-3

Common

terms.

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.

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress assemLocomotive bled, That the provisions of this Act shall apply to any boilers.

cara common carrier or carriers, their officers, agents, and emriers a llected by act. ployees, engaged in the transportation of passengers or 36 Stat. L., 913.

property by railroad in the District of Columbia, or in 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 Meaning of to any other place in the United States. The term “rail“Railroad.” road” 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, “Employees." 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. Locomotives - Sec. 2. That from and after the first day of July, nineUse, unless with sale boll- teen hundred and eleven, it shall be unlawful for any

common carrier, its officers or agents, subject to this Act to use any locomotive engine propelled by steam power in moving interstate or foreign traffic unless the boiler of said locomotive and appurtenances thereof are in proper condition and safe to operate in the service to which the same is put, that the same may be employed in

the active service of such carrier in moving traffic withinspection out unnecessary peril to life or limb, and all boilers shall

be inspected from time to time in accordance with the provisions of this Act, and be able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for.

SEC. 3. That there shall be appointed by the President,

by and with the advice and consent of the Senate, a chief Appointment,

inspector and two 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

Chief and two Assistant chief inspectors.

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