Page:United States Statutes at Large Volume 44 Part 1.djvu/1455

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‘ > 1441 ” TITLE 45.-» ’ ggri0@[`i1lj¤l']_9‘l‘· death to om or more persona, e statement forthwith mud be in writing ot the {ect oi such accident, bg the unter ovmiq mroperatix gid heomotive, to the ,chief inspewtor. Wherebpoo the meta concerning ouch eccident ghall he investigated by the chief imector or one of his assistants, torfsuem { t01' `as the chief in@or may desknate {or that purpose., Ax where the ilocomotivte is disabled to "the extent gtmvit oda not be mn by Titiown steam, the part ox) ®1't8°8f— footed by the midhceidegat `éhnll be by_eaid°carrie1· intaét, so {nr as &ibie, without .hi¤drance or int.ei·terence_ to u-ami: uotil after mid The chief inopeotor or an ggsistant or tm impector making the investigation ~ shall examine or 'fmuse to be ex¤mined`thoron1gh1yY`the boiier or put gtected, making and 'detailed report of the cauée of theaccident to the chiet impectoxz (Feb. 17, 1911, c. 103, { 8, 36Stet.916L)·i - . - * _ 33.' Repoxti by of investigations}-q-The Interstate Commission may ot any time cell upon the {met inspector for g report of my ¤,ccideut_ emliboced. in the preceding ·¤ectioh,» gmipupon thereceipt ot. said sreport, it- it ~ deems it to the public jntereet, make feporte of stneh investigamm, mm; me um or agmm; wgetxtex with such_rcom— mendationo at it deems proper. Buch repopts shall be made publicjn such mduuer asthe commiosioo fleéms ‘·properj` Neither said report nor. any report of said _ tnvestigation 'uor any part moreut khall be admitted on evidence or used. for may purpose in any suit or notion tordqmdkes growing outpof. any matter _ mentioned in said report or investigation. (Feb."17,-1911, 103, §3,s6sm,.s1o.; ‘· ._. ‘ __ j34. Peosky fw violation! by carrier; duty dof district attorney to sue therefor; chief inspector to give information.-·-Any common mrrier thefprovisious of this 'chapter relating to locomotivm, their boilers, tenders, mid so forth, or ahy _ rule or, rwnlntion made under such ‘ provisions or any lawful order of any sltall be liable to a penalty of $100 `for each ohd every such violation, to be recovered in a suit or suits to be brought by the United Stntesf attorney; ip the district court ot: tm. United States having jurisdiction ix; the locality where sueh violation shall have been committed.; and it shall be the duty of smh attorneys; subject to the direction of the Attormy General, to bring such. suits upon duly verihed in- ` Iormgtion being lwgved with them, respectively, of such ·vio1a· tious.hav1¤g.oecufred; and it shn11 be the duty ot the chief ihl specter o!'_loeomoti§*e boilers; to give information to the proper · United Ststu attorney .of all violations coming to his knowledge. = (Eeb.17,-1911,'c11%, { 9,36Stnt. 916.)* J · t ‘ ‘ 35. Investigating ad report “by m blockmipsl syotens md appliances fo1* of trdins; evi-

 Interstaté   Commissim is directed to

Auvestiggte and report on the use of nod necemity fo1·.blocli— ’_ signal "systm¤·a¤d`-ap;§1ia@ for the ‘n¤tomatic.co¤tro1 ot railway trains in the .U¤ited Btaté. . Fora thi; purpose the ·.commis$o¤_ is nuthorued to employ persom who are tnmiliar with the subject, gud may use such of its own employees as are heeeéry tomato a thorowh examination into the matter. Io transmitting its report to.the‘Co¤mw the commission ¤hh11 wdm&le:islatio¤utothocommisoion•eetm odvimble. _ ‘ A , ;· ‘ · _‘ To carry out and giye meet to£the.pmvisio1;s.»iot tliio mec- , tion me wm n shnll_ have power to i@ mbpmnas, ‘ Z administer oaths, wit¤%, require the" production ot bwks. end tuq reedée ·®Mtiom `tammibetore any PYGPBT in any State or Territory of the United Stated (3mze30,1§®,No.M.34Stnt@.) · ‘ ' F 36.· Inv@g•&o• ·by mmmi@ ·d npplisnm

 M www to“va·o¤ot¤_••fe¢y.——-The Iotermw 0 :cé commtssiou is duthorised,. at its ·dtscraio¤Q to investigate,

-testexpu·inen¤By.s¤d¤‘•Wi·to¤the¤eo`amé‘noe¤o!•¤y _ 86270*-426-—·91 `

—RAlLROAD8' A ’ .4 1 Bmvlinucen -0r ·systems intended to promote the safety ot » railway operation when may be nmnsnea at competed shape to such commission for such investigation and test entirely free of cost to the Government. For this purpose the commission is authorized to employ permns familiar with the subject to be inyestlgated and tested, and .1nay also make use of its regular _"employee,sz·tor such purposes. (May 27, ——1908,c.200,§1.35Stat.325.) * . 37. Inspection of anailcara.-—All— lnspectks employed for the _ enforcement ot. the provisions of this chapter as to safety ,appliances shall also berequired to makeccxamlnation ot, the . construction, adaptability, design, and condition of all ‘mai1 cars ¤S€d on Qany railroad in· the United States and make report thergng a copy of ='whlch report shall be transmitted to the Postmaster General. (May 27,' 1908, c. 200, 5 1, 35 Stat."324.)_ , .., _ . c .·_ _ 38. Monthly reports of railroad accidents; duty of carrier to Makes-It shall be the duty ot the general manager, superintendent, or other- proper. officer of every common carrier en- _ gazed in interstate or' foreign commerce , by railroad to make 4 to the Interstate Commerce Commission; at its office in Washington; District of Columbia, a —monthly report, under oath, of ‘ -al1_‘collisions,_ derailments, .or other accidents resulting in al Y` injnry to persons, " eqnlpment, or roadbed arising from the eoperation of such railroad under such. rules and regulations

gas may be prescribed- by the said- commission, which report

shall state the nature and causes thereof and the circumstances connected therewith: Provided, That hereafter all said carriers shall be relieved from the duty of reporting accidents in their · annual ilnancial and operating reports made to the commis·. sion. _‘ (May 6, 1910, c. 208, § 1, 36 Stat. 350.) · _ »· 39. Penaltyjor failure to make report.-—Any common car-. rler failing to make the report provided for in the preceding `section within thirty days after the end of any month shall be deemed guilty of a misdemeanor, and upon connlction thereof by a court- of competent jurisdiction shall ·be` punished by a { fine of not more_ than $100 for each andevery odense and for every day during ·w`hich it shall fail to make such report alter the time herein specified for making the same., (May 6, 1910, c.208,§2,36Stat.350.)—" C . _ ._ 40. Investigation by comniission of accidents; cooperation with State commissions; reports of investigations.-4-The Interstate, Commerce Commission shall have authority to investigate all collisions, derailmentsg or other accidents resulting in serious injury toperson or to the property of a railroad occur- ` ring onnthe ‘ line fof any common carrier engaged in interstate , or toreikn commerce hy. railroad. `·-'1‘he- commission, or any hn- , partial mveezlntor thereunto authorized hy said commission, ` A shall have authority to investigate such collisions, derailments; . or other accidents aforesaid, and all the attending facts, lcon-- ‘ ditions, mr circumstances, and for that purpose may subpcena ·vé·itnesaes,‘ administer. oaths, stake testimony, and require the ·~ · production ot boolrs, mpers, orders, memoranda, exhibits, and p othe.r evidence, and shall be prorided by· said carriers with all , reasonable facilities: Provided; That when such accident is p investigated by a commission of the State dn which it occurred,

the Interstate Commerce Commission shall, lt convenient, make

any investigation it may- have previously determined upon, at t the same. time as, and in connection with, the State commission investigation; _ Said commission Shall, shea it deems it to the F public interest, make reports of such `lnrestlgations,. stating thej » cause of accident, together with such recommendations as it y deems proper. Such reports shall be made public in such- manner an the commission deemslproper. (May`6. 1910, c. 208, 5 3. ,-38-Stat,351.) · » ._ s _ . 41..'Report¤ not evidence in salts for damages.-Neither p said report nor any reportot said investigation nor any DMC . thereof shall be admitted as evidence or used for any purpose