Page:United States Statutes at Large Volume 34 Part 1.djvu/1446

 1416 FIFTY-NINTH coneaass. sm. n. ou. 2939. 1907. 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 to any other lplace in the °* "'°’d United States. The term " railroa " as used in this Act s all include ` all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, o1· ..,,’,*f,°,§¥§Q,'§,§,f?? ”°’° 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 anv train. ¤¤|¤¤u*;1c*;<;gugl;g Sec. 2. That it shall be unlawful for any common carrier, its officers nr-vm omnnmen. 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 sixhgg Jggtsecutire teen consecutive hours, and whenever any such employee of such comy' mon carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no suc _ employee who has been on duty sixteen hours in the aggregate in . any twenty-four-hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive m· hmm 0, hours off duty: Provided, That no operator, train dispatcher, or other t;<;zr¤1>h.¤¢c-. open- employee who by the 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 o erated only during the daytime, except in case of emergency, when tlie employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period on not exceeding three days in rama my be ex. any week: Provided farther-, The Interstate Commerce Commission ‘°““°"· may after full hearing in a particular case and for good cause shown extend the period within which a common carrier shall comply with the provisions of this proviso as to such case. mf:¤¤l*Y *0* **<>l¤· Sr:p._3. That any suc common carrier, orany officer oragent thereof, ' requiring or plermittintg any employee to go, be, or remain on duty m violation of the secon section hereof, shall be liable to a penalty of not to exceed five hundred dollars for each and every violation, to be 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 of such district attorney to bring such suits upon satisfactory information being lodged with him; but no such suit shall be brought after the expiration of one year from the date of such violation; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come toits knowledge. In all _ prosecutions under this Act the common carrier shall be deemed to have {,*;g*gj,ab,e acc, ad knowledge of all acts of all its oflieers and agents: P7‘%'?·dcd, That assays. the provisions of this Act shall not a ply in any case of casualty or unavoidable accident 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 thetime said em loyee left a terminal, and crgéeckinz, enc., which could not have been foreseen: 1*’rm;izi;d_fin·#}wr, That the pro- ` yisions of this Act shall not apply to the crews of wrecking or relief rains.
 * ’*'°°°°°¤°¤¤· recovered in a suit or suits to be brought by the United States district