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Secs. 3 and 4


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instructions made or given hereunder are observed by common carriers subject hereto. The said chief inspector and his two assistants shall be selected with reference Selection, qual 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 boilers. The chief inspector shall receive a salary of four inadarles, travel

ing 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. The office of the chief inspector shall be in Washington, holottico; clerical District of Columbia, and the Interstate Commerce Commission shall provide such stenographic and clerical help as the business of the offices of the chief inspector and his said assistants may require.

SEO. 4. That immediately after his appointment and inlevision qualification the chief inspector shall divide the terri-tricts. tory comprising the several States, the Territories of New Mexico and Arizona, and the District of Columbia into fifty locomotive boiler-inspection 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 shall be substantially the same. Thereupon there shall be appointed by the Interstate District inspoo Commerce Commission fifty inspectors of locomotive boilers. Said inspectors shall be in the classified service In 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 hereinbefore named. Each inspector shall Salaries, eta 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 Commission, 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

into inspection dis.


classified civil service.

"Lacreased to $5,000: 40 Stat. L., 616. 'Lucreased to $4,000: 40 Stat. L., 616.

Increased to $3,000: 40 Stat. L., 616.

Rules spection

for in-
to be

of .

Secs. 4, 5, and 6

Echininations construction, repair, operation, testing, and inspection of of applicants.

locomotive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission, shall be usod 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 Disqualifica- supervision or who is intemperate in his habits shall be

eligible to hold the office of either chief inspector or assistant or district inspector.

SEO. 5. That each carrier subject to this Act shall file üled by carriers. its rules and instructions for the inspection of locomotive

boilers with the chief inspector within three months after Approval, etc., the approval of this Act, and after hearing and approval

by the Interstate Commerce Commission, such rules and

instructions, with such modifications as the Commission Ruoves to be ob. requires, shall become obligatory upon such carrier: Prolails to file served He carrier vided, however, That if any carrier subject to this Act

shall fail to file its rules and instructions the chief inspector 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 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 all trict inspectors: Provided, however, That all such rules

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

SEO. 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 inspectors as will avoid the necessity for duplication of work.


Office rules.


District inspectlon.

Sec. 6

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to be filed.

Each inspector shall make such personal inspection of Personal in; the locomotive boilers under his care from time to time boilers. 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 subject to this Act shall filo with the inspector in charge, Sworn reports 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 provided for shall prescribe the time at which such reports shall be made. Whenever any district inspector shall, in Notice ale do the performance of his duty, find any locomotive boiler apparatus. 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, rier" to chiot in

by That a carrier, when notified by an inspector in writing that a locomotive boiler is not in serviceable condition 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 tion. 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 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





Secs. 6 and 7-9

decision of the inspector is dismissed, and upon the

receipt of such notice the carrier may, within thirty days, Appeals to appeal to the Interstate Commerce Commission, and Interstato commerce upon such appeal, and after hearing, said Commission Commission.

shall have power to revise, modify, or set aside such Final action. action of the chief inspector and declare that said loco

motive is in serviceable condition and authorize the same Inspectors to be operated: Provided further, That pending either apeffective pend- peal the requirements of the inspector shall be effective. ing appeals. Annual re

Sec. 7. That the chief inspector shall make an annual report of inspector.

port to the Interstate Commerce Commission of the work done during the year, and shall make such recommenda

tions for the betterment of the service as he may desire. Accidonts

Sec. 8. That in the case of accident resulting from from failure of

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; Investigation. whereupon the facts concerning such accident shall be

investigated by the chief inspector or one of his assistants,

or such inspector as the chief inspector may designate for ĐIs a blod that purpose. And where the locomotive is disabled to parts to be pre the extent that it can not be run by its own 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 Detalled re inspection. The chief inspector or an assistant or the ports.

designated inspector making the investigation shall examine or cause to be examined thoroughly the boiler or 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 Commission as to dem acci

. call upon the chief inspector for a report of any accident dents, and recom

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 Commission deems proper. Neither said report nor any

report of said investigation nor any part thereof shall Reports, etc., be admitted as evidence or used for any purpose in any damage suits. suit or action for damages growing out of any matter

mentioned in said report or investigation. Penalty.

Sec. 9. That any common carrier violating this Act of any rule or regulation made under its provisions or any



not admitted in

Secs. 9 and 10

Entire locomo

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 violation shall have been committed; and it shall be the duty Duty of

trict attorneys to of such attorneys, subject to the direction of the Attorney bring suits. General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty of the from chlor inspec. chief inspector of locomotive boilers to give information tor. to the proper United States attorney of all violations of this act coming to his knowledge.

Sec. 10. That the total amounts directly appropriated to proprietorappro carry out the provisions of this Act shall not exceed for any one fiscal year the sum of three hundred thousand dollars.

(Amendment of March 4, 1915.) (Seo. 1.) That section 38 Stat. L., 1192. two of the act entitled "An act to promote the safety of tive included. 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, 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 Inspoction oxchief inspectors, together with all the district inspectors, appointed under the act of February seventeenth, nineteen hundred and eleven, shall inspeot 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 tion as to qualinthe passage of this act all inspectors and applicants for catlong as Inthe 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 amend, 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



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