Page:United States Statutes at Large Volume 36 Part 1.djvu/940

 916 SIXTY—FIRST CONGRESS. Sess. III. Ch. 103. 1911. be ut into service without further delay; but if the reexamination_of said) boiler sustains the decision of the distriet inspector, the chief inspector shall at once notify the earner ·0WI11I1g or_operat1ng such locomotive that the appeal from the decision of the inspector IS. dis- Apml, U, mw,. missed, and upon the receipt of such notice the carrier may, withm ggggmmsm °°m· thirty dags, appeal to the Interstate Commerce COIIIHIISSIOD, and Fmpmm upon suc appeal, and after hearing, S&1d·C0]I1H11SS1OIl shall have ` power to revise, modify, or set aside sueh action of the chief inspector i and declare that said locomotive IS m serviceable condition and miiistglicrigefdvzeqpgnrii authorize the same to be operated: Pravidedfurther, That pending i¤i°PP°*;*l“·mp0¤` of gitggr g,'?p%ag thehreqfliikfments tof tlie lgnspelptor shall ll? €ll`€0Il£¥;6·th ‘“¥““ Ec. . att ec ems ecorsa ma eanannua reo o e cmefmspecmi Interstate Commerce Commission of the work done during the Fear, and shall make such recommendations for the betterment o the service as he ma desire. mgj§igg§,§,{_’““ "“‘ Sec. 8. That  the case of accident resulting from failure from any cause of agocolmotive boiler or its appurtenanees, reiiiptiiglg  leeriouz in'u or eat to one or more ersons, a sta emen o wi mus bdifgde in writin of the fact oflsuch accident, by the carrier owning I¤v¤¤**¢¤“°¤· or operating said icomotive, to the chief inspector. Whereupon the facts concerning such accident shall be investigated by the chief _ inspector or one of his assistants, or such inspector as the chief b°D$§,‘?,‘l,,dP°"“ °° ins ector may designate for that purpose. And where the locomotive is disabled to the extent that it can not be run by its own steam, the \ part or parts affected by the said accident shall e preserved by said · carrier intact, so far as possible, without hindrance or interference D°"u°° ’°"°"‘ to traffic until after said inspection. The chief inspector or an assistant or the designated inspector making the investigation shall examine . or cause to e_exam1ned thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the ch1e ins ector. mRt;Pg0';jm2{ccIg0*gj The Interstate Commerce Commission may at any time call upon mission or muse, em. the chief inspector for a report of any accident embraced in this section, and upon the receipt of said report, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made (public in such manner as the commission _d¥;$g;Qg¤·,n°*g;m;*é>; deems proper. Neither said report nor_any report of said investi a- sum. tion nor any part thereof shall be admitted as evidence or used for any purpose_m any suit or action for damages growing out of any matter mentioned in said report or mvestigation. t,,}’;s¤g;*{sr§,’;mf*°*“‘ Sec. _9. That any common carrier violating this Act or any rule or regulation made under IES PYOVISIODS or any lawful order of an inepector shall be hable to a penalty of one hundred dollars for each an evexiy such violation, to berecovered  a suit or suits to be brought by the _ mted States attorney in the district court of the United States _ having ]ur1sd1ction in the locahty where such violation shall have been wynrggggg gjirxgrimgj gommgttedg and it shall be the duty of such attorneys,_sub]ect to the direction of the Attorney·General, to bring such suits upon dul r verified information being lodged with them, respectively, of such cgigtezrgepgiggrt fr¤¤¤ violations having occurred; and it shall be the duty of the chief inspector of locomotive bo1le_rs to give information to the proper United mm of appmpmr States attorney of all violations of this_Act coming to iis owledge. tions, Sec. 10. That the total amounts directly a propriated to carry out the provisions of tlus Act shall not exceed fxdr any one fiscal year the sum of three hundred thousand dollars. Approved, February 17, 1911.