Chapter 1457. To amend sections forty-four hundred and fifteen, forty-four hundred and sixteen, forty-four hundred and twenty-three, forty-four hundred and twenty-six, forty-four hundred and forty-nine, forty-four hundred and fifty-two, forty-four hundred and seventy, forty-four hundred and seventy-two, forty-fou
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CHAP. 1457.— An Act To amend sections forty-four hundred and fifteen, forty-four hundred and sixteen, forty-four hundred and twenty-three, forty-four hundred and twenty-six, forty-four hundred and forty-nine, forty-four hundred and fifty-two, forty-four hundred and seventy, forty-four hundred and seventy-two, forty-four hundred and ninety-eight, and forty-two hundred and thirty-three of the Revised Statutes of the United States, relating to steamboat inspection. March 3, 1905. [[H.
R. 18202](/us/bill/58/hr/18202).] [[Public, No. 190](/us/pl/58/190).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Steamboat-Inspection Service. That section forty-four hundred and fifteen of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: " “Sec. 4415. Inspector of hulls.Qualifications of.[R. S., sec. 4415, p. 855](/us/rs/s4415/p855), amended. The inspector of bulls shall be it person of good character and suitable qualifications and attainments to perform the services required of an inspector of hulls, who front his practical knowledge of 1029shipbuilding and navigation and the uses of steam in navigation is fully competent to make a reliable estimate of the strength, seaworthiness, and other qualities of the bulls of vessels and their equipment deemed essential to safety of life in their navigation; and the inspectorInspector of boilers.Qualifications of. of boilers shall be a person of good character and suitable qualifications and attainments to perform the services required of an inspector of boilers, who from his knowledge and experience of the duties of an engineer employed in navigating vessels by steam, and also of the construction and use of boilers, and machinery and appurtenances therewith connected, is able to form a reliable opinion of the strength, form, workmanship, and suitableness of boilers and machinery to be employed, without hazard to life from imperfection in the material, workmanship, or arrangement of any part of such apparatus for steaming.
The inspector of hulls and the inspector of boilers designated byBoard of local inspectors. the Secretary of Commerce and Labor shall, from the date of designation, constitute a board of local inspectors.” " Sec. 2. That section forty-four hundred and sixteen of the Revised Statutes of the Edited States be amended to read as follows: " “Sec. 4416. No person interested, either directly or indirectly, inPersons ineligible as inspectors and assistants.[R. S., sec. 4416, p. 855](/us/rs/s4416/p855), amended. any patented article required to be used on any steamer by this title, or who is a member of any association of owners, masters, engineers, or pilots of steamboats, or who is, directly or indirectly, pecuniarily interested in any steam vessel, or who has not the qualifications and acquirements prescribed by this title, or who is intemperate in his habits, shall be eligible to hold the office of either supervising, local, or assistant inspector, or to discharge the duties thereof: and if any such person shall attempt to exercise the functions of the office of either inspector he shall be deemed guilty of a misdemeanor, punishable by a tine of five hundred dollars, and shall be dismissed from office.
” " Sec. 3. That section forty-four hundred and twenty-three of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: " “Sec. 4423. Every collector or other chief officer of the customsCertificates of inspection.[R. S., sec. 4423, p. 857](/us/rs/s4423/p857). shall retain on file all original certificates of the inspectors required to be delivered to him, and shall give to the master or owner of the vessel therein named three certified copies thereof, two of which shall be placed by such master or owner in conspicuous places in the vessel where they will be most likely to be observed by passengers and others, and there kept at all times, framed under glass, and the other shall be retained by such master or owner as evidence of the authority thereby conferred: *Provided, however, *That where it is not practicable*Proviso*.Exception. to so expose said copies they shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Commerce and Labor.
” " Sec. 4. That section forty-four hundred and twenty-six of the Revised Statutes of the United States, as amended by Act of January eighteenth, eighteen hundred and ninety-seven, be, and it is hereby, further amended to read as follows: " “Sec. 4426. The hull and boilers of every ferryboat, canal boat,Inspection of ferryboats, canal boats, yachts, etc.[R. S., sec. 4426, p. 858](/us/rs/s4426/p858), amended. yacht, or other small craft of like character propelled by steam, shall be inspected under the provisions of this title.
Such other provisions of law for the better security of life as may be applicable to such vessels shall, by the regulations of the board of supervising inspectors, also be required to be complied with before a certificate of inspection shall be granted, and no such vessel shall be navigated without a licensed engineer and a licensed pilot: *Provided, however, *That in*Proviso*.Launches under ten tons burden.Vessels propelled by gas, etc. open steam launches of ten tons burden and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer.
All 1030Vol. 29, p. 489.vessels of above fifteen tons burden carrying freight or passengers for hire, propelled by gas, fluid, naphtha, or electric motors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers Enforcement of the law.Penalty.and pilots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, [R.
S., secs. 4496–4500, p. 869](/us/rs/s4496–4500/p869).and owners shall be subject to the provisions of sections forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-eight, forty-four hundred and ninety-nine, and forty-five hundred, relating to the imposition and enforcement of penalties and the enforcement of law.” " Sec. 5. That section forty-four hundred and forty-nine of the Revised Statutes of the United States be, and it is hereby, amended to read as follows:
" “Sec. 4449. Revocation or suspension of officer’s license for refusal to serve, etc.[R. S., sec. 4449, p. 861](/us/rs/s4449/p861), amended. If any licensed officer shall, to the hindrance of commerce, wrongfully or unreasonably refuse to serve in his official capacity on any vessel as authorized by the terms of his certificate of license, or shall fail to deliver to the applicant for such service at the time of such refusal, if the same shall be demanded, a statement in writing assigning good and sufficient reasons therefor, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such licenses.
” " Sec. 6. That section forty-four hundred and fifty-two of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: " “Sec. 4452. Appeals, etc., to supervising inspector.[R. S., sec. 4452, p. 861](/us/rs/s4452/p861), amended. Whenever any board of local inspectors refuses to grant a license to any person applying for the same, or suspends or revokes the license of any master, mate, engineer, or pilot, any person deeming himself wronged by such refusal, suspension, or revocation, may, within thirty days thereof, on application to the supervising inspector of the district, have his case examined anew by such super-vising inspector; and the local board shall furnish to the supervising inspector, in writing, the reasons for its doings in the premises: and such supervising inspector shall examine the case anew, and he shall have the same powers to summon witnesses and compel their attendance and to administer oaths that are conferred on local inspectors; and such witnesses and the marshal shall be paid in the same manner as provided for by the preceding section; and such supervising inspector may revoke, change, or modify the decision of such local board; and like proceedings may be had by any master or owner of any steam vessel in relation to the inspection of such vessel, or her boilers or machinery, by any such local board: and in case of repairs, and in any investigation or inspect ion, where there shall be a disagreement between the local inspectors, the supervising inspector, when so Appeals to Supervising Inspector-General.requested, shall investigate and decide the case.
In cases of trials for the revocation or suspension of an officer’s license, where either the license has been revoked or suspension for more than six months has been made, and such action has been affirmed by the supervising inspector, the officer whose license is in question may have the case examined anew by the Supervising Inspector-General, who shall have the same powers to summon witnesses, to compel their attendance, and to administer oaths as are conferred on local inspectors, and the Supervising Inspector-General may revoke, change, or modify said 1031decisions.
Application for such reexamination of the case shall beApplications. made to the Supervising Inspector-General within thirty days after final decision by the supervising inspector.” " Sec. 7. That section forty-four hundred and seventy of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: " “Sec. 4470. Every steamer carrying passengers or freight shall beFire precautions.[R. S., sec. 4470, p. 865](/us/rs/s4470/p865), amended. provided with suitable pipes and valves attached to the boiler to convey steam into the hold and to the different compartments thereof to extinguish fire, or such other suitable apparatus as may he prescribed by the regulations of the board of supervising inspectors, with the approval of the Secretary of Commerce and Labor, for extinguishingApparatus for use of carbonic acid gas, etc. fire in the hold and compartments thereof by the introduction through pipes into such hold and compartments of carbonic acid gas or other fire-extinguishing gas or vapor: and every stove used on board of any such vessel shall be well and securely fastened, so as to prevent it from being moved or overthrown, and all woodwork or other ignitible substances about the boilers, chimneys, cook houses, and stovepipes, exposed to ignition shall be thoroughly shielded by some incombustible material in such a manner as to leave the air to circulate freely between such material and woodwork or other ignitible substance: and before granting a certificate of inspection the inspector shall require all other necessary provisions to be made throughout such vessel to guard against loss or danger from fire,” " Sec. 8.
That section forty-four hundred and seventy-two of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: " “Sec. 4472. No loose hay, loose cotton, or loose hemp, camphene,Dangerous articles not to be carried on passenger steamers.[R. S., sec. 4472, p. 865](/us/rs/s4472/p865). nitroglycerin, naphtha, benzine, benzole, coal oil, crude or refined petroleum, or other like explosive burning fluids, or like dangerous articles, shall be curried as freight or used as stores on any steamer carrying passengers; nor shall baled cotton or hemp be carried onExceptions.Baled cotton. such steamers unless the bales are compactly pressed and thoroughly covered and secured in such manner as shall be prescribed by the regulations established by the board of supervising inspectors with the approval of the Secretary of Commerce and Labor; nor shall gun-powder he carried on any such vessel except under special license: nor shall oil of vitriol, nitric or other chemical acids be carried on such steamers except on the decks or guards thereof or in such other safe part of the vessel as shall be prescribed by the inspectors.
Relined petroleum, which will not ignite at a temperature less thanRefined petroleum. one hundred and ten degrees of Fahrenheit thermometer, may be carried on board such steamers upon routes where there is no other practicable mode of transporting it, and under such regulations as shall be prescribed by the board of supervising inspectors with the approval of the Secretary of Commerce and Labor: and oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels or casks or barrels well and securely bound with iron and stowed in a secure part of the vessel: and friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat.
All such other provisions shall be made on every steamer carryingFire precautions. passengers or freight, to guard against and extinguish fire, as shall be prescribed by the board of supervising inspectors and approved by the Secretary of Commerce and Labor. Nothing in the foregoing orGasoline, etc., in automobiles. following sections of this Act shall prohibit, the transportation by 1032*Ante*, p. 720.steam vessels of gasoline or any of the products of petroleum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: *Provided, however, **Provisos*.Fire restriction.That all fire, if any. in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not relighted until immediately before said vehicle shall leave the vessel: *Provided further, *Right to refuse transport.That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automobile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids.
” " Sec. 9. That section forty-four hundred and ninety-eight of the Revised Statutes of the United States be, and it is hereby, amended to read as follows: “Sec. 4498. Vessels subject to inspection.[R. S., sec. 4498, p. 869](/us/rs/s4498/p869), amended.Registry, etc., denied to, if law is not complied with, etc. A register, enrollment, or license shall not be granted or other papers he issued by any collector or other chief officer of customs to any vessel subject by law to inspection under this title until all the provisions of this title applicable to such vessel have been fully complied with and until the certificate of inspection required by this title for such vessel has been tiled with said collector.
” Sec. 10. That rule one of section forty-two hundred and thirty-three of the Revised Statutes of the United States he amended to read as follows: " “Rule I. Vessels propelled by machinery deemed steam vessels.[R. S., sec. 4233, p. 815](/us/rs/s4233/p815), amended. Every steam vessel which is under sail and not under steam shall be considered a sail vessel; and every steam vessel which is under steam, whether under sail or not, shall be considered a steam vessel, the words steam vessel shall include any vessel propelled by machinery.
” " Sec. 11 Effect. That this Act shall take effect, and be in force on and after the first day of July, nineteen hundred and five. Approved, March 3, 1905.