Page:United States Statutes at Large Volume 36 Part 1.djvu/323

 SIXTY-FIRST CONGRESS. Sess. II. Ch. 160. 1910. 299 ment of cars actually inservice upon the date of the passage of this _ , Act._ Said commission is hereby given authorit, after hearing, to d,1;I$d§;,’;§?gs°”“d°rd modify or change, and to prescribe the standard height of draw bars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be pnlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use anyhcali; or vehécledin interstatle <Z1r{)ore§n traffic which does not comply wit the stan ar so rescribe the commission. Sec. 4. That any colinmon carrit-if subject to this Act using, hauling, ,,,};g“"“Y ‘°' "*°l“‘ or permitting to be used or hauled on its line, any car subject to the V reqluirements of this Act not equipped as provided in this Act, shall be iable to a penalty of one hundred dollars for each and every such violation, to e recovered as provided in section six of the Act of V¤1.2Z.p. ?32:V¤1. March second, eighteen hundred and ninety-three, as amended April §i5_p` S5' V°' S2' p' first, eighteen hundred and ninety-six: Prmrided, That where any {,";"§§gé defective car sha have been properly equipped, as provided in this Act and cars mr necessary re the other Acts mentioned herein, and such equipment shall have pam" become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or msecure to the nearest available point where such car can be re aired, without liability for the penalties imposed b section four of this Act or section six of the Act of March second): eighteen hundred and ninety-three as amended by the Act of April first, eighteen hundred and ninety-six, if such movement is necessary to maie such repairs _ and such repairs can not be made except at such repair point; and mskotcarrier. such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this Act and the other Acts herein referred to; and nothing in this proviso shall be construed to permit ,,8%* °' °h*’°¤ “*¤· the hauling of defective cars by means of chains instead of drawbars, ` in revenue trains or in association with other cars that are commercially used, unless such defective cars contain live stock or ‘ ‘perishable " freight. Sec. 5. That except that, within the limits specified in the m¤gg;;2j;v;¤;a£¤y;; preceding section of this Act, the movement of a car with defective cegeroprepaim. or insecure eqpipment may be made without incurring the penalty provided by the statutes ut shall in all other respects be unlawfu, nothing in this Act shall he held or construed to re ieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and V0l.27,p.531: v01. ninety-three, as amended by the Acts of April first, eighteen hundred 2°**’·85’ V°’·32·*’·°‘3· and ninety-six, and March second, nineteen hundred and three; and, except as aforesaid, all of the rovisions, powers, duties,requirements, and iiiabilities of said Act of) March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred andlninetygsizk and March second, nineteen hundred and three, shall a to t is ct. 6. That it shall be the duty of the Interstate Commerce I¤‘°€e'§'§{e°‘§’§,"§§_’,§e,tQY, Commission to enforce the provisions of this Act, and all powers C°¤*m*=***°¤· heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this Act. Approved, April 14. 1910.