Sec. 28

lower ratl charges

from foreign

water carriers.

SEC. 28. That no common carrier shall charge, collect, Restriction on or receive, for transportation subject to the Interstate for transportation Commerce Act of persons or property, under any joint countries by rate, fare, or charge, or under any export, import, or other proportional rate, fare, or charge, which is based in whole or in part on the fact that the persons or property affected thereby is to be transported to, or has been transported from, any port in a possession or dependency of the United States, or in a foreign country, by a carrier by water in foreign commerce, any lower rate, fare, or charge than that charged, collected, or received by it for the transportation of persons, or of a like kind of property, for the same distance, in the same direction, and over the By American vessels excepted. same route, in connection with commerce wholly within the United States, unless the vessel so transporting such persons or property is, or unless it was at the time of such transportation by water, documented under the laws of the United States. Whenever the board is of the opinion, however, that adequate shipping facilities to or from any Suspended by port in a possession or dependency of the United States no adequate faor a foreign country are not afforded by vessels so docu- by American mented, it shall certify this fact to the Interstate Commerce Commission, and the Commission may, by order, suspend the operation of the provisions of this section with respect to the rates, fares, and charges for the transportation by rail of persons and property transported from, or to be transporteď, to such ports, for such length of time and under such terms and conditions as it may prescribe in such order, or in any order supplemental thereto. Such suspension of operation of the provisions Termination. of this section may be terminated by order of the Com- forded, by Commission whenever the board is of the opinion that adequate shipping facilities by such vessels to such ports are afforded and shall so certify to the Commission.

Commission,

cilities afforded

vessels.

when facilities af

mission.

Secs. 1-4

and train brakes Iequired.

SAFETY APPLIANCE ACTS [AS AMENDED].'

AN ACT To promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate. commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 27 Stat. L., 531. That from and after the first day of January, eighteen Driving wheel hundred and ninety-eight, it shall be unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power drivingwheel brake and appliances for operating the train-brake system, or to run any train in such traffic after said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose.

Automatic couplers required

Carrier may refuse cars without

SEC. 2. That on and after the first day of January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.

SEC. 3. That when any person, firm, company, or corInterchangeable poration engaged in interstate commerce by railroad shall power or train brakes. have equipped a sufficient number of its cars so as to comply with the provisions of section one of this Act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this Act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this Act. SEC. 4. That from and after the first day of July, eighteen hundred and ninety-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab

Grab irons handholds

quired.

and

re

1 See section 4, amendment to Judicial Code of September 6, 1916, post, page 189.

Secs. 5 and 6

of standard

bars for freight

irons or handholds in the ends and sides of each car for greator security to men in coupling and uncoupling cars. SEC. 5. That within ninety days from the passage of Determination this Act the American Railway Association is authorized height of draw hereby to designate to the Interstate Commerce Commis- cars, sion the standard height of drawbars for freight cars, measured perpendicular from the level of the tops of the rails to the centers of the drawbars, for each of the several gauges of railroads in use in the United States, and shall fix a maximum variation from such standard height to be allowed between the drawbars of empty and loaded. cars. Upon their determination being certified to the Interstate Commerce Commission, said Commission shall at once give notice of the standard fixed upon to all common carriers, owners, or lessees engaged in interstate commerce in the United States by such means as the Commission may deem proper. But should said association fail to determine a standard as above provided, it shall be the duty of the Interstate Commerce Commission to do so, before July first, eighteen hundred and ninetyfour, and immediately to give notice thereof as aforesaid. And after July first, eighteen hundred and ninety-five, no cars, either loaded or unloaded, shall be used in interstate traffic which do not comply with the standard above provided for.

Penalty.

SEC. 6. [As amended April 1, 1896.] That any such 29 Stat. L., 85. common carrier using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this Act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge: Provided, That Proviso as to nothing in this Act contained shall apply to trains composed of four-wheel cars or to trains composed of eight

logging cars and locomotives.

Secs. 7 and 8

Commission may extend time

for compliance

with act.

27 Stat L.. 531.

deemed to assume

ment.

wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs.

SEC. 7. That the Interstate Commerce Commission may from time to time upon full hearing and for good cause extend the period within which any common carrier shall comply with the provisions of this Act.

SEC. 8. That any employee of any such common carEmployees not rier who may be injured by any locomotive, car, or train risk of employ in use contrary to the provisions of this Act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carlier after the unlawful use of such locomotive, car, or train had been brought to his knowledge.

NOTE.-Prescribed standard height of draw bars: Standard-gauge railroads: maximum 344, minimum 314, inches; narrow-gauge railroads: maximum 26, minimum 23, inches; 2-foot-gauge railroads: maximum 17, minimum 14, inches.

safety appliance

AN ACT To amend an Act entitled "An Act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

2 Stat. L., 943. That the provisions and requirements of the Act entitled Application of "An Act to promote the safety of employees and travelers and District of upon railroads by compelling common carriers enColumbia. gaged in interstate commerce to equip their cars with

act to territories

automatic couplers and continuous brakes, and their locomotives with driving-wheel brakes, and for other purposes," approved March second, eighteen hundred and ninety-three, and amended April first, eighteen hundred and ninety-six, shall be held to apply to common carriers by railroads in the Territories and the District of Columbia and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements hereof and of

Secs. 2 and 3

when couplers

Application to equipment of

gaged in inter

said Acts relating to train brakes, automatic couplers, Application grab irons, and the height of drawbars shall be held to brought together. apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Colum- railroads enbia, and to all other locomotives, tenders, cars, and similar state commerce. vehicles used in connection therewith, excepting those trains, cars, and locomotives exempted by the provisions of section six of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April Exception. first, eighteen hundred and ninety-six, or which are used upon street railways.

SEC. 2. That whenever, as provided in said Act, any train is operated with power or train brakes, not less than

fifty per centum of the cars in such train shall have their Power brakes. brakes used and operated by the engineer of the locomotive drawing such train; and all power-braked cars in such train which are associated together with said fifty per centum shall have their brakes so used and operated; and, to more fully carry into effect the objects of said Act, the Interstate Commerce Commission may, from time to time, after full hearing, increase the minimum percentage of cars in any train required to be operated with Commission power or train brakes which must have their brakes used minimum perand operated as aforesaid; and failure to comply with or train brake any such requirement of the said Interstate Commerce Commission shall be subject to the like penalty as failure to comply with any requirement of this section.

may increase

centage of power

cars to be used.

of

SEC. 3. That the provisions of this Act shall not take Penalty. effect until September first, nineteen hundred and three. Nothing in this Act shall be held or construed to relieve Provisions any common carrier, the Interstate Commerce Commis- 1893, and Apr. 1, 1896, applicable. sion, or any United States district attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April first, eighteen hundred and ninety-six; and all of the provisions, powers, duties, requirements, and liabilities of said Act of March second, eighteen hundred and ninety-three, as amended by the Act of April first, eighteen hundred and ninety-six, shall, except as specifically amended by this Act, apply to this Act.