Imágenes de páginas
PDF
EPUB

SEC. 233. [Interstate Commerce Commission to make regulations for transportation of explosives.] The Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives by land. Said commission, of its own motion, or upon application made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified. [35 Stat. L. 1135.]

See note to sec. 232, supra.

SEC. 234. [Liquid nitroglycerine, etc., not to be carried on certain vessels and vehicles.] It shall be unlawful to transport, carry, or convey, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water. [35 Stat. L. 1135.] ·

See note to sec. 232, supra.

SEC. 235. [Marking of packages of explosives; receptive marks.] Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside thereof the contents thereof; and it shall be unlawful for any person to deliver, or cause to be delivered, to any common carrier engaged in interstate or foreign commerce by land or water, for interstate or foreign transportation, or to carry upon any vessel or vehicle engaged in interstate or foreign transportation, any explosive, or other dangerous article, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery or carriage is made. Whoever shall knowingly violate, or cause to be violated, any provision of this section, or of the three sections last preceding, or any regulation made by the Interstate Commerce Commission in pursuance thereof, shall be fined not more than two thousand dollars, or imprisoned not more than eighteen months, or both. [35 Stat. L. 1135.]

See R. S. sec. 5355, 1 Fed. Stat. Annot. 720; and see note to sec. 232, supra.

SEC. 236. [Death or bodily injury caused by such transportation.] When the death or bodily injury of any person is caused by the explosion of any article named in the four sections last preceding, while the same is being placed upon any vessel or vehicle to be transported in violation thereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the plac

ing, of such articles upon any such vessel or vehicle, to be so transported, shall be imprisoned not more than ten years. [35 Stat. L. 1136.]

See R. S. sec. 5354, 1 Fed. Stat. Annot. 720. This section has been broadened so that imprisonment shall be imposed as punishment when a person is "injured" by reason of the

shipment of such explosives without being packed and labeled as required by law. The maximum punishment has been fixed at ten years' imprisonment.

SEC. 237. [Importation and transportation of lottery tickets, etc., forbidden.] Whoever shall bring or cause to be brought into the United States or any place subject to the jurisdiction thereof, from any foreign country, for the purpose of disposing of the same, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or shall therein knowingly deposit or cause to be deposited with any express company or other common carrier for carriage, or shall carry, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon, the event of any such lottery, gift enterprise, or similar scheme, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme, or shall knowingly take or receive, or cause to be taken or received, any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall, for the first offense, be fined not more than one thousand dollars, or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than two years. [35 Stat. L. 1136.]

See the Act of March 2, 1895, ch. 191, sec. 1, 4 Fed. Stat. Annot. 869. This section has been amended so as to conform to the changes

made in sec. 213 of this Act, relating to the sending of lottery tickets, etc., through the mails.

SEC. 238. [Interstate shipment of intoxicating liquors; delivery of to be made only to bona fide consignee.] Any officer, agent, or employee of any railroad company, express company, or other common carrier, who shall knowingly deliver or cause to be delivered to any person other than the person to whom it has been consigned, unless upon the written order in each instance of the bona fide consignee, or to any fictitious person, or to any person under a fictitious name, any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind which has been shipped from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any for eign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both. [35 Stat. L. 1136.]

This and sections 239 and 240 are new. by the Revision Committee.

They were not in the bill reported to Congress

SEC. 239. [Common carriers, etc., not to collect purchase price of interstate shipment of intoxicating liquors.] Any railroad company, express company, or other common carrier, or any other person who, in connection with the transportation of any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, shall collect the purchase price or any part thereof, before, on, or after delivery, from the consignee, or from any other person, or shall in any manner act as the agent of the buyer or seller of any such liquor, for the purpose of buying or selling or completing the sale thereof, saving only in the actual transportation and delivery of the same, shall be fined not more than five thousand dollars. [35 Stat. L. 1136.]

See note to sec. 238, supra.

SEC. 240. [Packages containing intoxicating liquors shipped in interstate commerce to be marked as such.] Whoever shall knowingly ship or cause to be shipped, from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, any package of or package containing any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind, unless such package be so labeled on the outside cover as to plainly show the name of the consignee, the nature of its contents, and the quantity contained therein, shall be fined not more than five thousand dollars; and such liquor shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the seizure and forfeiture of property imported into the United States contrary to law. [35 Stat. L. 1137.] See note to sec. 238, supra.

SEC. 241. [Importation of certain wild animals and birds forbidden.] The importation into the United States, or any Territory or District thereof, of the mongoose, the so-called "flying foxes" or fruit bats, the English sparrow, the starling, and such other birds and animals as the Secretary of Agriculture may from time to time declare to be injurious to the interests of agriculture or horticulture, is hereby prohibited; and all such birds and animals shall, upon arrival at any port of the United States, be destroyed or returned at the expense of the owner. No person shall import into the United States or into any Territory or District thereof, any foreign wild animal or bird, except under special permit from the Secretary of Agriculture: Provided, That nothing in this section shall restrict the importation of natural history specimens for museums or scientific collections, or of certain cage birds, such as domesticated canaries, parrots, or such other birds as the Secretary of Agriculture may designate. The Secretary of the Treasury is hereby authorized to make regulations for carrying into effect the provisions of this section. [35 Stat. L. 1137.]

See the Act of May 25, 1900, ch. 553, sec. 2, 3 Fed. Stat. Annot. 151. Aside from a general transposition of language, the only change in

this section is that making its provisions apply within any territory or district of the United States.

SEC. 242. [Transportation of prohibited animals.] It shall be unlawful for any person to deliver to any common carrier for transportation, or for any common carrier to transport from any State, Territory, or District of the United States, to any other State, Territory, or District thereof, any foreign animals or birds, the importation of which is prohibited, or the dead bodies or parts thereof of any wild animals or birds, where such animals or birds have been killed or shipped in violation of the laws of the State, Territory, or District in which the same were killed, or from which they were shipped: Provided, That nothing herein shall prevent the transportation of any dead birds or animals killed during the season when the same may be lawfully captured, and the export of which is not prohibited by law in the State, Territory, or District in which the same are captured or killed: Provided further, That nothing herein shall prevent the importation, transportation, or sale of birds or bird plumage manufactured from the feathers of barnyard fowls. [35 Stat. L. 1137.]

See the Act of May 25, 1900, ch. 553, sec. 3, 3 Fed. Stat. Annot. 152. Aside from a general transposition of language, the only change

in this section is that making its provisions apply within any territory or district of the United States.

SEC. 243. [Marking of packages.] All packages containing the dead bodies, or the plumage, or parts thereof, of game animals, or game or other wild birds, when shipped in interstate or foreign commerce, shall be plainly and clearly marked, so that the name and address of the shipper, and the nature of the contents, may be readily ascertained on an inspection of the outside of such package. [35 Stat. L. 1137.]

See the Act of May 25, 1900, ch. 553, sec. 4, 3 Fed. Stat. Annot. 152.

SEC. 244. [Penalty for violation of three preceding sections.] For each evasion or violation of any provision of the three sections last preceding, the shipper shall be fined not more than two hundred dollars; the consignee knowingly receiving such articles so shipped and transported in violation of said sections shall be fined not more than two hundred dollars; and the carrier knowingly carrying or transporting the same in violation of said sections shall be fined not more than two hundred dollars. [35 Stat. L. 1138.]

See the Act of May 25, 1900, ch. 553, sec. 4, 3 Fed. Stat. Annot. 152. in this section are those made necessary by carrying it into the revision.

The only changes

SEC. 245. [Importation and transportation of obscene, etc., books, etc.] Whoever shall bring or cause to be brought into the United States or any place subject to the jurisdiction thereof, from any foreign country, or shall therein knowingly deposit or cause to be deposited with any express company or other common carrier, for carriage from one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any obscene, lewd, or lascivious, or any filthy, book, pamphlet, picture, paper, letter, writing, print, or other matter of indecent character, or any drug, medicine, article, or thing designed, adapted, or intended for preventing conception, or producing abortion, or for any indecent or immoral use, or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what

[ocr errors]

means any of the hereinbefore-mentioned articles, matters, or things may be obtained or made; or whoever shall knowingly take or cause to be taken from such express company or other common carrier any matter or thing the depositing of which for carriage is herein made unlawful, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both. [35 Stat. L. 1138.]

See the Acts of Feb. 8, 1897, ch. 172, sec. 1, 5 Fed. Stat. Annot. 381; Feb. 8, 1905, ch. 550, sec. 1, 10 Fed. Stat. Annot. 247. This section has been amended so as to conform to the

changes made in sec. 211, which prohibits the sending of obscene matter, etc., through the mails. Aside from a transposition of lan guage, the changes are very slight.

Sec.

CHAPTER TEN.

THE SLAVE TRADE AND PEONAGE.

246. Confining or detaining slaves on board
vessel.

247. Seizing slaves on foreign shores.
248. Bringing slaves into the United States.
249. Equipping vessels for slave trade.

250. Transporting persons to be held as slaves.
251. Hovering on coast with slaves on board.
252. Serving in vessels engaged in the slave
trade.

253. Receiving or carrying away any person
to be sold or held as a slave.
254. Equipping, etc., vessel for slave trade.
255. Penalty on persons building, equipping,
etc.

256. Forfeiture of vessel transporting slaves.
257. Receiving persons on board to be sold as
slaves.

258. Vessels found hovering on coast.
259. Forfeiture of interest in vessels trans-
porting slaves.

[blocks in formation]

SEC. 246. [Confining or detaining slaves on board vessel.] Whoever, being of the crew or ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's company of any vessel owned wholly or in part, or navigated for or in behalf of any citizen of the United States, forcibly confines or detains on board such vessel any person as a slave, or, on board such vessel, offers or attempts to sell as a slave any such person, or on the high seas, or anywhere on tide water, transfers or delivers to any other vessel any such person with intent to make such person a slave, or lands or delivers on shore from on board such vessel any person with intent to make sale of, or having previously sold such person as a slave, is a pirate, and shall be imprisoned for life. [35 Stat. L. 1138.]

See R. S. sec, 5375, 5 Fed. Stat. Annot. 758, 7 Fed. Stat. Annot. 98, and the Act of Jan. 15, 1897, ch. 29, sec. 2, 2 Fed. Stat. Annot.

357. In this section the change consists in
the substitution of the word "
person" for the
words " negro or mulatto."

SEC. 247. [Seizing slaves on foreign shores.] Whoever, being of the crew. er ship's company of any foreign vessel engaged in the slave trade, or being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States, lands from such vessel, and, on any foreign shore, seizes any person with intent to make such person a slave, or decoys, or forcibly brings, or carries or receives such person on board

« AnteriorContinuar »