bond for special mits. bond, in a penal sum to be approved by the said collector, conditioned to indemnify and save the United States Continuing harmless from any and all losses and liabilities which ifcenses and per- may occur or be occasioned by reason of the granting of such special license or the issuing or granting of such permit for immediate lading or unlading; or the master, owner, agent, consignee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and sufficient bond, in the penal sum of fifty thousand dollars, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special licenses and the Issue of licenses issuing or granting of such permits for immediate lading or unlading by day and night during a period of six months. and permits. SEC. 4. Such application having been duly made and the required bond having been duly executed and delivered, special license or licenses to lade or unlade at night after regular entry of vessels, and due report of other conveyances, may be granted, and a permit or permits may be issued for the immediate lading and unlading, by day and night, of vessels admitted to preliminary entry, or of other conveyances of which due report of Vessels with arrival has been made: Provided, That the provisions of this Act shall extend and be applicable to any vessels or R.S., sec. 2776, other conveyances bound to a port of entry in the United Provisos. goods in transit. p. 538. Formal required. States to be unladen at a port of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven. hundred and seventy-six of the Revised Statutes as entry amended: Provided further, That when preliminary entry of a vessel shall be made by the master as herein provided he shall not be relieved from making due report. and entry of his vessel at the customhouse in accordance with existing law, and any liability of the master or owner of any such vessel to the owner or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall continue until the merchandise is properly removed from the dock whereon the same may be landed. for Inspectors, etc. Extra pay night service. SEC. 5. That the Secretary of the Treasury shall fix a reasonable rate of extra compensation for night services of inspectors, storekeepers, weighers, and other customs officers and employees in connection with the lading or unlading of cargo at night, or the lading at night of cargo or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employee for like services. rendered by day, the said extra compensation to be paid Payment to co- by the master, owner, agent, or consignee of such vessel or other conveyance, whenever such special license or lector by master, etc. Rates to em ployees. Boarding offi minister oaths. cers, etc., may ad permit for immediate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the collector of customs, who shall pay the same to the several customs officers and employees entitled thereto according to the rates fixed therefor by the Secretary of the Treasury. Customs officers acting as boarding officers, and any customs officer who may be designated for that purpose by the collector of customs, are hereby authorized to administer the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for services in boarding vessels at night or on Sundays or holidays-at the rate Payment for prescribed by the Secretary of the Treasury as herein pro- etc. vided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels. services at night, as, rev. 2871, Laws repealed. SEC. 6. That section twenty-eight hundred and seventyone of the Revised Statutes, the Act approved June p. 556. thirtieth, nineteen hundred and six, entitled "An Act to amend section twenty-eight hundred and seventyone of the Revised Statutes," and section one of the Act approved June fifth, eighteen hundred and ninety-four, entitled "An Act to facilitate the entry of steamships, and all Acts or parts of Acts inconsistent herewith are hereby repealed. Approved, February 13, 1911. Feb. 17, 1911. [S. 6702.] CHAP. 103.—An Act To promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers [Public, No. 383.] 36 Stat. L., pt. and appurtenances thereto. 1, p. 913. Locomotive boilers. riers affected by Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall apply to any common carrier or carriers, their officers, agents, and employees, Common carengaged in the transportation of passengers or property act. by railroad in the District of Columbia, or in 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 place in the United States. The term "railroad as used in this Act shall include all the roads in use by "Railroads." any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "employees" as used in this Act shall be held to "Employees." mean persons actually engaged in or connected with the movement of any train. Meaning of terms. Use, unless unlawful. SEC. 2. That from and after the first day of July, nine- Locomotives. teen hundred and eleven, it shall be unlawful for any with safe boilers, common carrier, it officers or agents, subject to this Act Inspection. Chief and two assistant chief in spectors. etc. to use any locomotive engine propelled by steam power in moving interstate or foreign traffic unless the boiler of said locomotive and appurtenances thereof are in proper condition and safe to operate in the service to which the same is put, that the same may be employed in the active service of such carrier in moving traffic without unnecessary peril to life or limb, and all boilers shall be inspected from time to time in accordance with the provisions of this Act, and be able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for. SEC. 3. That there shall be appointed by the President, by and with the advice and consent of the Senate, a Appointment, chief inspector and two assistant chief inspectors of locomotive boilers, who shall have general superintendence of the inspectors hereinafter provided for, direct them in the duties hereby imposed upon them, and see that the requirements of this Act and the rules, regulations, and instructions made or given hereunder are observed by common carriers subject hereto. The said chief inspec Selection. Salaries, etc. Office, etc. Inspection dis tricts. tor and his two assistants shall be selected with reference to their practical knowledge of the construction and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and maintenance of locomotive boilers. The chief inspector shall receive a salary of four thousand dollars per year and the assistant chief inspectors shall each receive a salary of three thousand dollars per year; and each of the three shall be paid his traveling expenses incurred in the performance of his duties. The office of the chief inspector shall be in Washington, District of Columbia, and the Interstate Commerce Commission shall provide such stenographic and clerical help as the business of the offices of the chief inspector and his said assistants may require. SEC. 4. That immediately after his appointment and qualification the chief inspector shall divide the territory comprising the several States, the Territories of New Mexico and Arizona, and the District of Columbia into fifty locomotive boiler-inspection districts, so arranged that the service of the inspector appointed for each district shall be most effective, and so that the work required District inspec- of each inspector shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Commission fifty inspectors of locomotive boilers. In classified Said inspectors shall be in the classified service and shall tors. civil service. Salaries, etc. be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. The chief inspector shall assign one inspector so appointed to each of the districts herei before named. Each inspector shall receive a salary of one thousand eight hundred dollars per year and his traveling expenses while engaged in the performance of his duty. He shall receive in addition thereto an annual allowance for office rent, stationery, and clerical Examinations of applicants. Disqualifica ¿tions. carriers. of rules filed. assistance, to be fixed by the Interstate Commerce Commission, but not to exceed in the case of any district inspector six hundred dollars per year. In order to obtain the most competent inspectors possible, it shall be the duty of the chief inspector to prepare a list of questions to be propounded to applicants with respect to construction, repair, operation, testing, and inspection of locomotive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission, shall be used by the Civil Service Commission as a part of its examination. No person interested, Dis either directly or indirectly, in any patented article required to be used on any locomotive under supervision or who is intemperate in his habits shall be eligible to hold the office of either chief inspector or assistant or district inspector. SEC. 5. That each carrier subject to this Act shall file its rules and instructions for the inspection of locomotive Inspection by boilers with the chief inspector within three months after the approval of this Act, and after hearing and approval by the Interstate Commerce Commission, such rules and Approval, etc., instructions, with such modifications as the commission requires, shall become obligatory upon such carrier: Provided, however, That if any carrier subject to this Act shall fail to file its rules and instructions the chief inspec- Pros to be obtor shall prepare rules and instructions not inconsistent served if carrier herewith for the inspection of locomotive boilers, to be fails to file any. observed by such carrier; which rules and instructions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the president, general manager, or general superintendent of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided: Provided also, That such common carrier may from time to time change the rules and Changes. regulations herein provided for, but such change shall not take effect and the new rules and regulations be in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The chief inspector shall also make all needful rules, regulations, Office rules, etc. and instructions not inconsistent herewith for the conduct of his office and for the government of the district inspectors: Provided, however, That all such rules and instructions shall be approved by the Interstate Commerce Commission before they take effect. Approval of all rules. tion. SEC. 6. That it shall be the duty of each inspector to become familiar, so far as practicable, with the condi- District inspection of each locomotive boiler ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the chief inspector or an assistant shall make such division between inspectors as will avoid the necessity for duplication of work. Each inspector shall make such personal inspection of the locomotive boilers under his care from time Personal inspection of boilto time as may be necessary to fully carry out the pro- ers. 28872°-S. Doc. 306, 62—2—31 carriers. to be filed. fects. tive boilers, etc. Proviso. Appeals to chief rier. visions of this Act, and as may be consistent with his other duties, but he shall not be required to make such Inspection by inspections at stated times or at regular intervals. His first duty shall be to see that the carriers make inspections in accordance with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such inspections disclose before the boiler or boilers or appurtenances pertaining thereto are again put in service. Sworn reports To this end each carrier subject to this Act shall file with the inspector in charge, under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath Repairing de- of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and regulations herein before provided for shall prescribe the time at which such reports shall be made. Notice of defec- Whenever any district inspector shall, in the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated, he shall notify the carrier in writing that the locomotive is not in serviceable condition, and thereafter such boiler shall not be used until in serviceable condition: Provided, inspector by car- That a carrier, when notified by an inspector in writing that a locomotive boiler is not in serviceable condition, because of defects set out and described in said notice, may within five days after receiving said notice, appeal to the chief inspector by telegraph or by letter to have said boiler reexamined, and upon receipt of the appeal Reexamina- from the inspector's decision, the chief inspector shall assign one of the assistant chief inspectors or any district inspector other than the one from whose decision the appeal is taken to reexamine and inspect said boiler within fifteen days from date of notice. If upon such reexamination the boiler is found in serviceable condition, the chief inspector shall immediately notify the carrier in writing, whereupon such boiler may be put into service without further delay; but if the reexamination of said boiler sustains the decision of the district inspector, the chief inspector shall at once notify the carrier owning or operating such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of such notice the carrier may, within thirty Appeals to In- days, appeal to the Interstate Commerce Commission, merce Commis- and upon such appeal, and after hearing, said CommisFinal action. sion shall have power to revise, modify, or set aside such action of the chief inspector and declare that said locomotive is in serviceable condition and authorize the same Inspector's re- to be operated: Provided further, That pending either tive pending appeal the requirements of the inspector shall be effective. Annual report SEC. 7. That the chief inspector shall make an annual of chief inspector. report to the Interstate Commerce Commission of the tion. Effect. terstate Com sion. quirements effec appeals. |