Chapter 83. To prohibit the manufacture, distribution, storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, and possession of the same, and for other purposes
2,549 words·~12 min read·
/statutes-at-large/vol-40/chapter-83-1648955·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 83.— An Act To prohibit the manufacture, distribution, storage, use, and possession in time of war of explosives, providing regulations for the safe manufacture, distribution, storage, use, and possession of the same, and for other purposes. October 6, 1917.[[H. R. 3932](/us/bill/65/hr/3932).][[Public, No. 68](/us/pl/65/68).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That when the United StatesExplosives.Manufacture, etc., restricted in time of war.*Post*, p. 1711. is at war it shall be unlawful to manufacture, distribute, store, use, or possess powder, explosives, blasting supplies, or ingredients thereof, in such manner as to be detrimental to the public safety, except as in this Act provided.
Sec. 2. That the words “explosive” and “explosives” when used“Explosive” and “explosives.”Articles included as. herein shall mean gun powders, powders used for blasting, all forms of high explosives, blasting materials, fuses, detonators, and other detonating agents, smokeless powders, and any chemical compound or me386chanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of, or any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb, but shall not include small arms *Proviso*.Manufacture for Government use, etc., not affected.or shotgun cartridges: *Provided*, That nothing herein contained shall be construed to prevent the manufacture, under the authority of the Government, of explosives for, their sale to or their possession by, the military or naval service of the United States of America.
Sec. 3. “Ingredients,”Materials included as. That the word “ingredients” when used herein shall mean the materials and substances capable by combination of producing one or more of the explosives mentioned in section one hereof. Sec. 4. “Person.”Extension of term. That the word “person,” when used herein, shall include States, Territories, the District of Columbia, Alaska, and other dependencies of the United States, and municipal subdivisions thereof, individual citizens, firms, associations, societies and corporations of the United States and of other countries at peace with the United States.
Sec. 5. Unauthorized possession, etc., forbidden. That from and after forty days after the passage and approval of this Act no person shall have in his possession or purchase, accept, receive, sell, give, barter or otherwise dispose of or procure *Provisos*.Ingredients in small quantities, etc., allowed.explosives, or ingredients, except as provided in this Act: *Provided, *That the purchase or possession of said ingredients when purchased or held in small quantities and not used or intended to be used in the manufacture of explosives are not subject to the provisions of this Licensed use at mines, quarries, etc., for workmen allowed.Act: *Provided further*, That the superintendent, foreman, or other duly authorized employee, at a mine, quarry, or other work, may, when licensed so to do, sell or issue, to any workman under him, such an amount of explosives, or ingredients, as may be required by that workman in the performance of his duties, and the workman may Restrictions.purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explosives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the carrying on of his duties.
Sec. 6. Interstate transportation not affected. That nothing contained herein shall apply to explosives or ingredients while being transported upon vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules. Sec. 7. Manufacture without license forbidden. That from and after forty days after the passage of this Act no person shall manufacture explosives unless licensed so to do, as hereinafter provided. Sec. 8. Licenses.Information required from applicants and licensees.
That any licensee or applicant for license hereunder shall furnish such information regarding himself and his business, so far as such business relates to or is connected with explosives or ingredients Secret processes excepted.at such time and in such manner as the Director of the Bureau of Mines, or his authorized representative, may request, excepting that those who have been or are at the time of the passage of tins Act regularly engaged in the manufacture of explosives shall not be compelled to disclose secret processes, costs, or other data unrelated to the distribution of explosives.
Sec. 9. Itemized records to be kept by licensees. That from and after forty days after the passage and approval of this Act every person authorized to sell, issue, or dispose of explosives shall keep a complete itemized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives, and the date of each such sale, gift, barter, or other disposition; and this record shall be sworn to and furnished to the 387Director of the Bureau of Mines, or his authorized representatives, whenever requested.
Sec. 10. That the Director of the Bureau of Mines is hereby authorizedClasses of licenses. to issue licenses as follows:
(a)Manufacturer’s license, authorizing the manufacture, possession,Manufacturer’s. and sale of explosives and ingredients.
(b)Vendor’s license, authorizing the purchase, possession, and saleVendor’s. of explosives or ingredients.
(c)Purchaser’s license, authorizing the purchase and possession ofPurchaser’s. explosives and ingredients.
(d)Foreman’s license, authorizing the purchase and possession ofForeman’s. explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above.
(e)Exporter’s license, authorizing the licensee to export explosives,Exporter’s. but no such license shall authorize exportation in violation of any proclamation of the President issued under any Act of Congress.
(f)Importer’s license, authorizing the licensee to import explosives.Importer’s.
(g)Analyst’s, educators, inventor’s, and investigator’s licensesTechnical, etc. authorizing the purchase, manufacture, possession, testing, and disposal of explosives and ingredients. Sec. 11. That the Director of the Bureau of Mines shall issueIssue by Director of Mines Bureau.Restriction. licenses, upon application duly made, but only to citizens of the United States of America, and to the subjects or citizens of nations that are at peace with them, and to corporations, firms, and associations thereof, and he may, in his discretion, refuse to issue a license,Discretionary refusal. when he has reason to believe, from facts of which he has knowledge or reliable information, that the applicant is disloyal or hostile to the United States of America, or that, if the applicant is a firm, association, society, or corporation, its controlling stockholders or members are disloyal or hostile to the United States of America. The director may, when he has reason to believe on like grounds thatRevocation. any licensee is so disloyal or hostile, revoke any license issued to him. Any applicant to whom a license is refused or any licensee whoseAppeals to Council of National Defense on refusal, etc. license is revoked by the said director may, at any time within thirty days after notification of the rejection of his application or revocation of his license, apply for such license or the cancellation of such revocation to the Council of National Defense, which shall make its order upon the director either to grant or to withhold the license. Sec. 12. That any person desiring to manufacture, sell, export,Applications.Sworn statement required in. import, store, or purchase explosives or ingredients, or to keep explosives or ingredients in his possession, shall make application for a license, which application shall state, under oath, the name of the applicant; the place of birth; whether native born or naturalized citizen of the United States of America ; if a naturalized citizen, the date and place of naturalization; business in which engaged; the amount and kind of explosives or ingredients which during the past six months have been purchased, disposed of, or used by him; the amount and kind of explosives or ingredients now on hand ; whether sales, if any, have been made to jobbers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of explosives or ingredients to be authorized by the license ; and such further information as the Director of the Bureau of Mines may, by rule, from time to time require. Applications for vendor’s, purchaser’s, or foreman’s licenses shallOfficers authorized to administer oaths. be made to such officers of the State, Territory, or dependency having jurisdiction in the district within which the explosives or ingredients are to be sold or used, and having the power to administer oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name of such director. Such officersFees, records, etc. shall be entitled to receive from the applicant a fee of 25 cents for 388each license issued. They shall keep an accurate record of all licenses issued in manner and form to be prescribed by the Director of the Bureau of Mines, to whom they shall make reports from time to time as may be by rule issued by the director required. The necessary blanks and blank records shall be furnished to such officers by the Removal of licensing Officers, etc.said director. Licensing officers shall be subject to removal for cause by the Director of the Bureau of Mines, and all licenses issued *Ante*, p. 387.by them shall be subject to revocation by the director as provided in section eleven. Sec. 13. Explosives inspectors.Appointment author. That the President, by and with the advice and consent of the Senate, may appoint in each State and in Alaska an explosives inspector, whose duty it shall be, under the direction of the Director of the Bureau of Mines, to see that this Act is faithfully executed and Pay, details, etc.observed. Each such inspector shall receive a salary of $2,400 per annum. He may at any time be detailed for service by said director in the District of Columbia or in any State, Territory, or dependency Administrative employees.of the United States. All additional employees required in carrying out the provisions of this Act shall be appointed by the Director of the Bureau of Mines, subject to the approval of the Secretary of the Interior. Sec. 14. Specified unlawful acts connected with licenses. That it shall be unlawful for any person to represent himself as having a license issued under this Act, when he has not such a license, or as having a license different in form or in conditions from the one which he in fact has, or without proper authority make, cause to be made, issue or exhibit anything purporting or pretending to be such license, or intended to mislead any person into believing it is such a license, or to refuse to exhibit his license to airy peace officer, Federal or State, or representative of the Bureau of Mines. Sec. 15. Unauthorized divulging of information forbidden. That no inspector or other employee of the Bureau of Mines shall divulge any information obtained in the course of his duties under this Act regarding the business of any licensee, or applicant for license, without authority from the applicant for license or from the Director of the Bureau of Mines. Sec. 16. Distinctive marking of premises. That every person authorized under this Act to manufacture or store explosives or ingredients shall clearly mark and define the premises on which his plant or magazine may be and shall conspicuously display thereon the words “Explosives—Keep Off.” Sec. 17. Unauthorized presence at premises, etc., forbidden. That no person, without the consent of the owner or his authorized agents, except peace officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or premises on which explosives are manufactured or stored, or be in or upon any magazine premises on which explosives Discharging firearms, etc.are stored; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done. Sec. 18. Effective rules, etc., to be made. That the Director of the Bureau of Mines is hereby authorized to make rules and regulations for carrying into effect this Act, subject to the approval of the Secretary of the Interior. Sec. 19. Punishment for violations. That any person violating any of the provisions of this Act, or any rules or regulations made thereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment not more than one year, or by both such fine and imprisonment. Sec. 20. Investigations to be made of all explosions and fires. That the Director of the Bureau of Mmes is hereby authorized to investigate all explosions and fires which may occur in mines, quarries, factories, warehouses, magazines, houses, cars, Localities, etc., specified.boats, conveyances, and all places in which explosives or the ingredients thereof are manufactured, transported, stored, or used, Report of findings, etc.and shall, in his discretion, report his findings, in such manner as he may deem fit, to the proper Federal or State authorities, to the end that if such explosion has been brought about by a willful act the 389person or persons causing such act may be proceeded against and brought to justice; or, if said explosion has been brought about by accidental means, that precautions may be taken to prevent similar accidents from occurring. In the prosecution of such investigationsAuthority conferred on employees. the employees of the Bureau of Mines are hereby granted the authority to enter the premises where such explosion or fire has occurred, to examine plans, books, and papers, to administer oaths to and to examine all witnesses and persons concerned, without let or hindrance on the part of the owner, lessee, operator, or agent thereof. Sec. 21. That the Director of the Bureau of Mines, with the approvalUtilization of Federal, State, etc., agencies. of the President, is hereby authorized to utilize such agents, agencies, and all officers of the United States and of the several States, Territories, dependencies, and municipalities thereof, and the District of Columbia, in the execution of this Act, and all agents,Authority conferred for official acts. agencies, and all officers of the United States and of the severalAppropriation for all expenses. States and Territories, dependencies, and municipalities thereof, and the District of Columbia, shall hereby have full authority for all acts done by them in the execution of this Act when acting by the direction of the Bureau of Mines. Sec. 22. That for the enforcement of the provisions of this Act, including personal services in the District of Columbia and elsewhere, and including supplies, equipment, expenses of traveling and subsistence, and for the purchase and hire of animal-drawn or motor-propelled passenger-carrying vehicles, and upkeep of same, and for every other expense incident to the enforcement of the provisions of this Act, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $300,000, or so much thereof as may be necessary: *Provided*, That not to*Proviso*.Amount for motor vehicles. exceed $10,000 shall be expended in the purchase of motor-propelled passenger-carrying vehicles. Approved, October 6, 1917.