Chapter 234. To promote the safe transportation in interstate commerce of explosives and other dangerous articles, and to provide penalties for its violation
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CHAP. 234.— An Act To promote the safe transportation in interstate commerce of explosives and other dangerous articles, and to provide penalties for its violation. May 30, 1908.[[H. R. 17228](/us/bill/70/hr/17228).][[Public. No. 174](/us/pl/70/174).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That it shall be unlawful toExplosives.Carrying dynamite, etc., on passenger vessels and vehicles prohibited. transport, carry, or convey any dynamite, gunpowder, or other explosive between a place in any foreign country and a place within the United States, or a place in any State, Territory, or District of the United States, and a place in any other State, Territory, or District thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: *Provided*, That it shall be lawful to transport on any such vessel, or*Provide.*Exceptions, samples, etc. vehicle, small arms ammunition in any quantity, and such fusees, torpedoes, rockets, or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one- half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such samples shall not be carried in thatRestriction. part of a vessel or vehicle which is intended for the transportation of passengers for hire: *And provided further*, That nothing in this sectionTransportation of military and naval munitions of war. etc., allowed. shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles. 555 Sec. 2.
That within ninety days from the passage of this Act theRegulations.Interstate Commerce Commission to promulgate. Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives, and said regulations shall be binding upon all common carriers engaged in interstate commerce which transport explosives by land, and violations of them shall be subject to the penalties hereinafter provided. The Interstate Commerce Commission,Changes. on its own motion or upon application made by any interested party, may make changes or modifications of the regulations for the safe transportation of explosives, made desirable by new information or altered conditions, and such changed regulations shall have all the force of the original regulations.
The regulations for the safe transportationPacking, marking, etc. of explosives referred to in this section 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 ottered is in proper condition to transport. The regulations for theEffect. safe transportation of explosives shall take effect three months after their formulation and publication by the Interstate Commerce Commission, and shall be in effect until reversed, set aside, or modified.
Sec. 3. That it shall be unlawful to transport, carry, or conveyNitroglycerine, etc.Interstate, etc., transportation of. prohibited. liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosive between a place in a foreign country and a place within the United States, or a place in one State, Territory, or District of the United States and a place in any other State, Territory, or District 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.
Sec. 4. Every package containing explosives or other dangerousMarking packages of explosives. 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, for interstate or foreign transportation, to any common carrier engaged in interstate or foreign commerce by land or water, or to cause to be delivered, or to carry, anyDeceptive marking. 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.
Sec. 5. That every person who knowingly violates, or causes to bePenalty.R. S., sec. 5253. p. 1039, amended. violated, any of the foregoing provisions of this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for each offense by a fine not exceeding two thousand dollars, or by imprisonment not exceeding eighteen months, or by both such fine and imprisonment, in the discretion of the court. Sec. 6. That this Act shall take effect immediately, and all Acts orEffect.Repeal.R.
S., sec. 4422, p. 857. parts of Acts in conflict therewith are hereby repealed, except section forty-four hundred and twenty-two of the Revised Statutes of the United States, which shall remain in full force and effect. Approved, May 30, 1908.