Page:United States Statutes at Large Volume 44 Part 1.djvu/1452

 ax ·. a, 9] 7 " rzrzlh 45;-—-B for each and every each violation, to be recovered ih_ a suit ’ or suits to he brought by the United StZat@ district attorney la the district court of the United States, having jarledictloh ia the loealltyjrhere each violation shallhave been committed; and It shall be the duty` of each district attorney _ -to brihgsuch suits ·a;§oa duly verihgd W Informatica being lodged with ·‘ hire of such violation havirlg occarrerl; and ’if shall also be ‘ the duty of the `Iaterstate-Commerce' Commission `tolodge with 3 the properdlstrict attorneys `.l!3fGIIQ&tiO§l“ of any such violations _ as iaay come’to' its khowledge: Provided, That nothing in thia chapter eoataiaed shall apply to trams composed of four--  _ wheel cars  or to trains composed of eight·wheel* standard l@iag cars where the height of such car from t0p_ of rail to center of `coupliag dom not exceed tiwehtyilve inches, or` to · locomotives greed ih hauling such- trains when such · cars or , iloeomotivea are ·`exc1usiye1y' used for fthe transportation of logo. (Mar. 2, 1@3, c.°196, 5 6,  Stat; 532; Apr, 1, 1896, e.‘87,> 9 29,Stat.85.) _  ·· »‘ ‘ ‘  ~   ._ 7. Aalsmaptioa of risk by employees.-¥Any employee of any common carrier engaged ih `interstate commerce. `by railroad who may be. injured by any locomotive, car, or traixi ·in` use ieoatrary to thoproviaion of this chapter. shall not be deemed therey to haee amamed the risk therebjr occasioned, althoughcoatihaiag ih the employment of such carrier after the uu? ' lawful use of such locomotive, ucar, or train had been brought to his knowledge. (Mar. 2,° 1893, c. 196, § S, 27 Stat. 532.) e 8. )Provisioas· of chapter extended.--1*he `preceding provieaoas and requirements of this chapter shall be held to apply to common carriers by railroads in the Territories and the_ Qistrict of Columbia and shall apjily in all leases, whether lor ‘ act the couplers broaght `together are of the 1 same kind, make, _ or tym; and the provisions and reqtiirementa relating to train brakes, automatic couplers, grab irons, and the height, of oldrawbars ahalfbe held to applylto all trains, locomotives, to if 9 era}; ·mra, and similar vehicles used on any railroad engaged `V lh interstate commerce, and la the Territories and the District. of Colombia, and to all other locomotives, U-teuders,` care, and ~ similar vehiclm used in connection therewith, excepting those jtraiha, care, and locoxaotivea exempted by the provisions of segtiioh 3 oi this chapter, or which are need upon street railwayh. (Har. 976, 5 l,-32‘Stat."943.) ·· _ . _ 9. Naxber of cars to be operated with power or train brakes; iaereaae of _·¤.umber.——Wheoeyer,A aa provided lu this chapter, nay `traia ia operated with power or train brakes not leaa than all per ceatam of the cars in sach train shall have their brakes ‘ used aha operated by the engineer of the locomoa tive drawiag auch train; and all power-braked care in- such traia which are associated together with said 50 per ceatam. shall here their brakes ao aeed and » operated; and, to more tally carry into eaect the Iobjecta of said _ chapter, the Interstate Commerce Commission may, from time to time, after full hwriag, increase the minimum percentage of care ia any tram required to he operated with power `or train brakes which must ' here their brakea used aad operated as aforesaid; and failure to comply with aay each requirement of the eaid Interstate Goaamerce Coarmlaaioa ehallt   subject to the like penalty aa e failure to comply with any requirement of this section. (Mar. ,2, 1903; c.·976, 5 2. 32 Stat. 943.) I _ 1 19. Former datiea, rmoiremeats, and liabilities continued ahleas apeciiically. ameaded.~Notlziag la sections 8 and 9 N.of _`thia chapter shall ebe held or coaatraed to relieve any common carrier, the Interstate Commerce Commission, or any United States district attorney from any of the provialooa, powers, duties, liabi1itiee,`or requirements hereiabefore aet out, and all of auch provisions, powera, duties, lfeqairemeats and liabilities shall, except as apecihcally amended by sections 8 and 9, apply thereto. (Mar. 2, 1903, c. 976, 3 3, 32’Stat. 943.) —

sumcoaps · _ ‘ 1438 11.` Safety appliances required for each Bari when ham] brakes may be omitted.—It· shall be unlawful .for any (gem. mon carrier subject to the provisions of this chapter`·to`hau1l,.‘ or permit to be hauled or used ou, its line any car subject to the provisions of this chapter not equipped [with appliances herein presided for, to wit': All cars mum be €§'¤ihP€¢· with secure sill steps and edicient hand brakes; all cars requiring secure ladders and secure running beards shall be equipped . with such ladders and grunnlng boards, and all cars having ladders shall also be equipped with secure handhelds or grab irons on their roofs st me tops" of meh ladders; Preceded, That in the loading and. hauling of long commodities, requiring more than one car; the hand- brakes may be omitted on i all save one of the cars while they are thus combined for such ` purpose. (Apr. 14, 1910, c. 160, _} 2, 38 Stat. MQ) F _ _12.. Safety appliances, as d€Si8¤&icd by cezamissien, to be standards of, equipment; _ modihcation of standard height of drarvbars;-¥Tl1e number, dimensions, location, and iuanncr at application of the jappllances provided for by sections 4 and 11 of this chapter he designated. by .the_ Interstate Commerce Comrnlssion shall remain as the standards of equipment to be used on all cars cllblect to the provisions of this chapter,. unless changed by an order- of said Interdntebommcrce Commission, ‘ to be made after full hearing and ter good- cause shown; and failure, to comply with any such requirement of the `Interstate Commerce Qorninlssion- shall be subiect to a— like penalty- asn failure to ·complj· with any requirement eta this chapter. Said commission is herebigiven authority, after hearing, tot modify or change, and to prescribe the standard height of drawbars and to dx the time within which such modification or change shall become edectlve and obligatory, and prior to the timeiso hxed it" shall be unlawful to  any car _ or‘__ vehicle in luterstate ur foreign _‘tra$c~ which does not comply with the standard now hxed or the standard m pre-·— scribed, and after the time so hxed it shall » be uularrtul to use any car or vehicle in iqtermnte or foreign tra§c which does not comply withthe standard so prescribed by the commission. (Apr. 14;).910, e. 160, { 3, 38 Stat.·298.)_ a " _, 13. Penalty fer? usihgicsr not equipped as provided; hauling car for repairs where equipment becomu defective; liability for death or `injury of employee; use of chains instead ef drawbars.—·—A.ny gcommou carrier subject to` this chapter using, hauliug,__or permgittingto be used. or hauled on its line, any car subject to the requirements of this. chapter not equipped as provided in __this chapter', shall be liable to he penalty of ‘$1·00 for each and every such violation, to be recovered as » provided in section 6 of this chapter; Provided, That where any, car shall have been properly equipped, as provided is this chapter, and such equipment .s_hall_hax§e become defective: or insecure while such car was being used by such carrier upon its llae of railroad, such car may be hauled from the place where such equipment was Brat discovered to be defective or insecure to the nearest available point where such car can, be repaired; without liability for the penalties irn@ed by this section or section 6.`ot this chapter, dt such movement is aecesmry to. { make such repairs and such repairs can not be made except ` at such repair point; and such movement or hauling of such car shall be at the sole rish ol the carrier, and nothing in this · section shall be construed to relieve such carrler,from» liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or lh connectloh with the movement or hauling ot auch car with equipment. which is detectives or insecure or rrhich is not maintained in ` accordance `with the requirements .o! this chapter; sad nothing in this proviso shall be construed to permit the hauling of defective cars by means ot chains instead of drawbars, in revenue trains or ln association with other cars that are com- Q