34 Stat. 1415-1417

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Citation: 34 Stat. 1902-1907
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FIFTY-NINTH CONGRESS.

SESS. II.

CHs. 2936-2939.

1415

1907.

CHAP. 2936.-An Act To amend an Act entitled " An Act to authorize the Ox
Bow Power Company of South Dakota to construct a dam across the Missouri River."

March 4,1907.
[H. R. 25672.]

United
Be it enacted by the Senate and House of Representativesof the
"States of America in Congress assembled, That section two of chapter

[Public, No. 271. ]

ontsiouri

River

eighteen hundred and
twenty-one of the laws of eighteen hundred and OxTune
9
to
Bow extended
Power Cornninety-four, approved April twenty-eighth, nineteen hundred and four, pany to dam.
is hereby amended to read as follows:
"SEc. 2. That this Act shall be null and void unless the structures Time o constru.herein authorized shall be commenced within one year and completed

within three years from the date of approval thereof."
Approved, March 4, 1907, I a. m.

Vol.

'3.

p. 571,

mende.

CHAP. 2937.-An Act To provide for the establishment of an immigration station
at Charleston, in the State of South Carolina, and the erection in said city, on a site
to be selected for said station, of a public building.

March 4. 1907.
[H. R. 25719.

[Public, \'o. 272,1

Be it enacted by the Senate and Ifouse of Representatives of the United .

States of America in Congress assembled&, That the Secretary of the

Department of Commerce and Labor be, and he is hereby, authorized
and directed to establish an immigration station at the city of Charleston, in the State of South Carolina, and to cause to be erected, on a
site to be selected, a public building to temporarily accommodate and
care for immigrants arriving at said city: ]Provided, That the land and

Charlebulng

at

for immigration station, authorized.

site tobe furnished

dock room necessary for said station and building be transferred to the free of cost.

Government of the United States free of any cost to the United States.
SEC. 2. That the sum of seventy thousand dollars is hereby appropriated for the erection of said building, which sum shall be paid from
the immigrant fund, said sum to include heating and ventilating apparatus, elevators, and approaches.
Approved. March 4, 1907, 11 a. m.

Appropriation from..
immigrant

CHAP. 2938.-An Act To authorize the Secretary of War to loan and deliver
certain brass field piece, to the Valley Forge Park Commission of the State of
Pennsylvania.

Be it enacted by the Senate and H1ouse of Repnresentatives of the United
States of America in (Am.qress" as-semibled, That the Secretary of War
be, and he is hereby, authorized to loan and deliver to the Valley Forge
Park Commission, for the ornamentation of the grounds of Valley
Forge Park, of the Commonwealth of Pennsylvania, twenty-five brass
field pieces, with their carriages and equipments, now in the possession
of the United States, the same to be subject at all times to the order
of the Secretary of War: Proided,That no expense shall be incurred
by the United States for the delivery of said articles.
Approved, March 4, 1907, 11 a. m.

CHAP. 2939.-Au Act To promote the safety of employees and travelers upon
railroads by limiting the hours of service of employees thereon.

fund.

March 4,1907.
[H.R. 25812.]
[Pubile, No. 273.1

Valley Forge Park,
Pa.
Cannon, etc., loaned

to.

Pro/sco.
No expense.

March 4,1907.
[ 3122.]
iPublic, No. 274.]

.Be it enacted by the Senate and lbouse of Representatves of the United Railroads
States of America in Congress assembled, That the provisions of this Service hurs of
Act shall apply to any common carrier or carriers, their officers, cmplo.ees restricted.
agents, and employees, engaged in the transportation of passengers

HeinOnline -- 34 Stat. 1415 1902-1907

1416

FIFTY-NINTH CONGRESS.

SEss. II.

CH. 2939.

1907.

or property by railroad in the District of Columbia or 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
Meaning of word United States. The term "railroad" as used in this Act shall include
"railroad."
all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a
railroad, whether owned or operated under a contract, agreement, or
as used in this Act shall be held to
lease; and
Meaning of word lae
"employees."
n the term " employees"
mlye
mean persons
actually engaged in or connected with the movement
of
any train.
SEC. 2. That it shall be unlawful for any common carrier, its officers
Sixteen hours the
maximum continuous
service of trainmen. or agents, subject to this Act to require or permit anii employee subject to this Act to be or remain on duty for a longer period than sixTen consecutive teen consecutive hours, and whenever any such employee of such comhours of duty.
Tmon carrier shall have been continuously on duty for sixteen hours he
shall be relieved and not required or permitted again to go on duty
until he has had at least ten consecutive hours off duty; and no such
employee who has been on duty sixteen hours in the aggregate in
any twenty-four-hour period shall be required or permitted to continue
or again go on duty without having had at least eight consecutive
Prorisce hours of hours off duty: Provided, That no operator, train dispatcher, or other
telegraph,etc,, opera- employee who by the use of the telegraph or telephone dispatches,
torts.
reports, transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on
duty for a longer period than nine hours in any twenty-four-hour
period in all towers, offices, places, and stations continuously operated
night and day, nor for a longer period than thirteen hours in all
towers, offices, places, and stations operated only during the daytime,
except in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional
hours in a twenty-four-hour period on not exceeding three days in
Period may be ex- any week: Provided further, The Interstate Commerce Commission
tended.
may after full hearing in a particular case and for good cause shown
extend the period within which a common carrier shall comply with
the provisions of this proviso as to such case.
Penalty for violaSEC. 3. That any such common carrier, or any officer or agent thereof,
requiring or permitting any employee to go, be, or remain on duty in
tion.
violation of the second section hereof, shall be liable to a penalty of
not to exceed five hundred dollars for each and every violation, to be
Prosecutions.
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 satisfactory information being lodged with him; but no
such suit shall be brought after the expiration of one year from the
date of such violation; 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. In all
prosecutions under this Act the common carrier shall be deemed to have
Provison,.
Unavoidable
acci- had knowledge of all acts of all its officers and agents: Provided,That
dents, etc.
the provisions of this Act shall not apply in any case of casualty or
unavoidable accident or the act of God; nor where the delay was the
result of a cause not known to the carrier or its officer or agent in
charge of such employee at the time said employee left a terminal, and
Wrecking, etc., which could not have been foreseen: Providedfurther,That the procrews.
visions of this Act shall not apply to the crews of wrecking or relief
trains.

HeinOnline -- 34 Stat. 1416 1902-1907

FIFTY-NINTH CONGRESS.

SESS. I.

Cus. 2939-2941.

1417

1907.

SEC. 4. It shall be the duty of the Interstate Commerce Commission
to execute and enforce the provisions of this Act, and all powers
granted to the Interstate Commerce Commission are hereby extended
to it in the execution of this Act.
SEC. 5. That this Act shall take effect and be in force one year after
its passage.
Approved, March 4, 1907, 11.50 a. in.

CHAP. 2940.-An Act To amend section five hundred and ninety-one of the
Revised Statutes of the United States relative to the assignment of district judges to
perform the duties of a disabled judge.

Enforcement.

Efect.

March 4,1907.
[S. 7812.]
[Public,No. 275.]

Be it enacted by the Senate and House of Representatives of the United
Statesc...ts.
That whenever in the case United
States of America in Oongress assemnbled,
Designation from
9
contemplated and provided for in section five hundred and ninety-one another circuit perof the Revised Statutes it shall be certified by the circuit judge, or in itrc foj dabled
his absence, by the circuit justice
of the circuit in which the district R.s., see. 591, p.104,
~amended.
lies, that for any sufficient reason it is impracticable to designate and
appoint a judge of another district within the circuit to perform the
duties of such disabled judge, the chief justice may, if in his judgment
the public interests so require, designate and appoint the judge of any
other district in another circuit to hold said courts and to discharge all
the judicial duties of the judge so disabled, during such disability.
Approved, March 4, 1907, 10 a. in.

CHAP. 2941.-An Act For the relief of Harold D. Childs.

March 4,1907.
is. 8230.]
[Public,No.276.]

Be it enacted by the Senate and Iouse of Representativesof the United
States of America in Congress assembled, That the President be, and
he is hereby, authorized to nominate and, by and with the advice and =arod D. Childs
consent of the Senate, to appoint Harold D. Childs, late midshipman, maybeanpointed enan ensign in the United States Navy, and to place him upon the retired retired list.
list as such with three-fourths the pay of his grade.
Approved, March 4, 1907, 11 a. in.

HeinOnline -- 34 Stat. 1417 1902-1907