Page:United States Statutes at Large Volume 44 Part 1.djvu/1453

 1439 - ° A TITLE 45.--1 nnorcially used, unless such defective cars. contain livestock i or " perishable "i freight. (Apr:. 14, 1910, c. 100, § 4, 36 Stat. ‘ .:%:1}. · * ” . . ° . 14% Liability for using cnr with defective equipment, except 35 npeci§ed.—EIoent that; within the limits specified . in the · . pysnening secdon of- this chapter the movement ot a can- with detective ·or_innecu1‘o equipment may be inode without incurring the penaltyprovidedi by the statutes, but shall in all other _ ;·og;>eets—t¤e unlawful, nothing in sectionsjll, 12, and 13 ot this ’ t·nnpter~ shell  held or construed to relieve any oommon ear- . rier. the Interstate Commerce Commimiony or any United Stores attorney. from any of the provisions, powers, duties, .iinnilities,_ or requirements heretofore set out in this chapter; ond, except ns aforesaid, all of such provisions, powers,_·-duties, requirements, and liabilities shall- apply. (Apr.14, _1910,. c. zoo, § 5,~36Stat.`%9.) _, _ ·‘ _ I _‘ *· _ 15. Enforoementsby commission.-¥—lt shall she the duty of the Interstate Commerce Commission to enforce the provisions of this chapter as, to equipment ot. each cer. with safety applinoses and all powers heretofore granted 4 to said commission _ nre hereby extended. to it for the purpose of such enforcement. {apr. 14, atom, c. 160, s o, so st¤e_2so._). - ~ · i 16. Application of provisional to common carriers and _Y¢- hicles snhjeet to “Safety Appliance Acts."—>~'I‘he provisions of .se<·tions 11, 12, 13, 14, one 15,- as to the equipment of cars with the designated safety appliances apply to every common { o;,n·r“ior and every. vehicle subject to what are commonly known no the ‘* Saf&y Appllnn ee`$Acts"n set out in the iirstjnine sections of this chapter. (Apr. 14,-1910, e.»160, § 1, 36 Stat. 298.) l?. Locomotives to l be eeuipped with safety ash pans.--It snell he nnlnvvfnl for any common cnrrier engaged in interstate. or mreign commerce by railroad to_ use any locomotive in movies; interstate or foreign trailit:‘··or.for any common carrier by rsiir.ond·in· any` Territory of. the United States or the District _ ot Col-nmhis to use any locomotive, not equipped with nn ash non:. `_svhi_eh nan be dumped or emptied and cleaned without tie necessity of any employee going _1mder° such locomotive. \il\iay 30, 1908, c; 225, 55 ~1, 2, 35 Sto_t._476.)`_ _' _ _ — ‘_, . 18. Penalty for violation, and actions therefor; duties of district attorneys andof ;commission.·——-Any such common‘·cor~ "rier using nny~locon1otlve'in°violation of the provisions of the . pre{:edin.·=: seétion shall he liable to a penalty ot $200 foreach nntreves*y sneh violation, to be recoveredrin a suit or suits to he brought by the United States district attorney in_the dis- ` triet court ot the United States having jnrisdietioniin the locality where such violation shall- have been eommitted; and » it shall be the duty of such district attorney to bring sneh. snit.s·npon» duly verined · information being lodged with him not stitch violation having occurred ;. and it shall also be the dntgv of the Interstate Commerce Commission to lodlge with the _, _;n·_npor district attorneys information of any_such'vio.1ation§””i4 as may come to its knosvledge} (May 30, 1308, c. 225, § `3, 35 Stat. 476.) _ l  _ ·  , _ 19. Enforcement by co:nmission.——+It shall he the duty of the Interstate Commerce Commission to enforce - the provisions ns to safety ash pans, and all powers heretofore granted to said commission are hereby extended to if--`for the purpose ot sn<}h_ enforcement. _ (May 30, 1908,1*. 225, §i 4, 35 Stat. .476.) 29. Who included in.· term ‘“ common carrier."-=——The term l "eo:n1non earrier " as ns-ed in sections 17 and 18 of this ehapter. shall include the receiver or rece1vers or other persons ori corivorntions charged with the duty ot; the management and . operntion of the business ota common carrier. a (May 30, yltitin, e. 225, §`5, 35 Stat. 476.) 2, " · " 21., Provisions not applicable to loeornotives on which ash pan not ’necessary.—-Notltiiig in the provisions of sections 17 to , 20. iuelnsive,—'shall apply to any locomotive npon which, by reason

2`AILROADS § [26; of the use of oil, electricity, er other stieh agency, an ash psu is not eecessary. (May 30, 1908, c. 225,  3, $5 Stet. 476.) ‘ 22. Inspection of locomotives and appurtenances; de6n.i· tions.-:-When used in sectigms 23 to 34, ieciusivej the terfns " 0&1’1'l€1‘_” and "cemm0n carrier " mem: e cemmcm carrier by railroad. er pertly by railroad and. partly by water, within the coiitiuentel United Stetesf subject te chapter 1 of Title 49, Te.·iNs1·0e·r.s,¤r10r~r, as, amended, excluding street, suburban, and interurban electric railways 'nmless operated as e part oi a general railroad system et trauspertatien. The term " railroad " asused in said sections shell include all the reads in use by any eomuzion carriereperatitig a‘railread,.whether owned or . operated imder acontract, agreement, or lease, end the term " employees " as used in seid sectiees shell be held· to mesa persons .actua11y_ engaged lI1.0l‘ connected with the movement of any trait;. ·(‘Feb; 17,1911, c. 103, §_ 1, 36 Stat.'913; June 7, 1924,.c. 355, §_1, 43 Stat. 659.) -. ·· . . Q 1 _ 23. Use ef] unsafe locomotives ami apperteemces unlawful; inspection gm! tests;-It siiallbe unlawful mr eizycarrie1·.te use or permit to` be used 0n~ its line any loeemotive unless said locomotive, its boiler, tender, sed all parts and appurtenances thereof are in proper condition and mts te eperate in the service to which the same} are put, that the same may be employed in the active service, ot such carrier witheet unnecessary mril to life or limb,. and- unless saié locomotive, its boiler, tender, feud all parts and appurtenances thereof; have” been inspected from time to time iii accordance with the provi-. sions of sections 28, 29, 30, and 32 and are able to withstand such test er tests es ,1nsy be fpirescribed in the reles and regu·' lations hereinafter‘provided for. (Jime .7, 1924, c. 355, § 2, .43 Stat. 659.)} Y —  _. _  . Y n · ‘ 24. Chief inspector and assistant chief inspectors; appointmerit and salari,es.=———Tl1ere shall be appointed by the President. by aticl with the advice and.&nsent of the Senate, il chief isspecter liindlrtlxéfe essistaet ch‘ief”'iij®}5e*cY6irs of lecrmiotive boilers; who shalfhave general superiuteudence of the `inspecters here- aj- , ixiafter provided for, ciirect them in the duties hereby**imp<.>sed upoh them, and -see that the requlremeri·ts of this chapter as to the inspection of leceinotiires, their boilers, tesélers, end se ferth, and the rules, regulations, and instructions made er gireu hereunder arecbsenved by common carriers subject hereto. The said chief inspector and his `twe assistants shall he mlected with reference" to their practical knowledge et the c01istr¤étion_a1;d repairing of helpers, ami to their iimesswsmi ability to systematize and carry iite effect theprevisiens here l of relating to the inspectiexi engl. maintenance of leeemetire boilers. ··The chief inspectes shall receive :1 saIary of $6,000 per year and the assistant chief inspectors shall each reeeive a_salui·$*- of $5,000 per year; emiyeech of the three shell be aiiléid his traveling expenses incurred in the performance of his duties; (Feb. 17, 1911,..;:. 103,, §. 3, 36 Stat.- 914; Jtme 7, IQ24, §0,43 Stet;659.) . “ ~, _ ‘_ { _. 25. 0Eces;i legal, technical, stenegrephic, fend clerical help}-——yThe office of the chief inspector shell be in $\\’ashixigteu, District et ·C0lrmil>ia, and the Interstate `Cexmuerce C<sx1m‘issieu shall 'pre‘vide’ suci1".legal,"technical, stenegraphic; and clerical helix as-the business of the offices et the chief_iuspec—· tor mid his-said assistants may itequire. (Feb. 17, 1911, 103; § 3, 30. Stat. 914; June 7. 1924, e. 35.5, § 3, 43 Stat. 059. 26. lnspectimm districts; epfmintment ami assigitment ef district inspecters; salaries and expenses; examinations of applicants; disqusli&eaci¤¤s.*-1mms11;u;e1y after his sppeimment and quailmczitlen the chief inspector wslmll divide the territ0ry~cemprisir1g the several States m1d“theiDist~rict ef Columbia into ilfty lecemetive boiler inspection districts, so m·`rmiget1/tliat the scrrice of the insrmter appointed fer each district slmll be most "errt~em·e, end so that the wterk required