Chapter 172. To amend an Act entitled “An Act to codify, revise, and amend the penal laws of the United States,” approved March 4, 1909 (Thirty-fifth Statutes at Large, page 1134)
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CHAP. 172.— An Act To amend an Act entitled “An Act to codify, revise, and amend the penal laws of the United States,” approved March 4, 1909 (Thirty-fifth Statutes at Large, page 1134). March 4, 1921. [[H. R. 12126](/us/bill/66/hr/12126).] [[Public, No. 400](/us/pl/66/400).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,* That sections 232, 233, Criminal Code.Explosives transportation.234, 235, and 236 of the Act to codify, revise, and amend the penal laws of the United States, approved March 4, 1909, be amended to read, respectively, as follows:
High explosives carried on passenger vessels, etc., in United States prohibited.Vol. 35, p. 1134, amended. " “Sec. 232. It shall be unlawful to transport, carry, or convey, within the limits of the jurisdiction of the United States, any high 1134, explosive, such as, and including, dynamite, blasting caps, detonating fuzes, black powder, gunpowder, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation of passengers by a common carrier engaged in interstate or foreign commerce, which vessel, car, or vehicle is carrying passengers *Provisos.*Explosives permitted.for hire: *Provided,* That it shall be lawful to transport on any such vessel, car, or vehicle smokeless powder, primers, fuses, not including detonating fuzes, fireworks, or other similar explosives, and properly packed and marked samples of explosives for laboratory Restriction.examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel, car, or vehicle; but such explosives shall not be carried in that part of a vessel, car, or vehicle which is being used for the Small arms ammunition, signal devices, etc., allowed.transportation of passengers for hire: *Provided further,* That it shall be lawful to transport on any such vessel, car, or vehicle small-arms ammunition in any quantity, and such fusees, torpedoes, rockets, or other signal devices as may be essential to promote Military equipment. safety in operation: *And provided further,* That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger-equipment vessels, cars, or vehicles.
Definitions.Detonating fuzes. “The words ‘detonating fuzes,’ as used in this section shall be interpreted to mean fuzes used in naval or military service to detonate the nigh explosive bursting charges of projectiles, mines, bombs, or Fuzes.torpedoes. The word ‘fuzes’ as used herein shall be interpreted to mean devices used in igniting the bursting charges of projectiles. Primers.The word ‘primers’ as used herein shall be interpreted to mean devices used in igniting the propelling powder charges of ammunition.
Fuses.The word ‘fuses’ as used herein shall be interpreted to mean the slow- burning fuses used commercially and intended to convey fire to an explosive or combustible mass slowly or without danger to the person Fusees.lighting. The word ‘fusees’ as used herein shall be interpreted to mean the fusees ordinarily used on steamboats and railroads as night signals. 1445 “Sec. 233. The Interstate Commerce Commission shall formulate Regulations for transporting explosives, etc., in United States to be made by Interstate Commerce Commission.Vol. 35, p. 1135, amended.regulations for the safe transportation within the limits of the jurisdiction of the United States of explosives and other dangerous articles, including inflammable liquids, inflammable solids, oxidizing materials, corrosive liquids, compressed gases, and poisonous substances, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives or other dangerous articles by land or water, and upon all shippers making shipments of explosives or other dangerous articles via any common carrier engaged in interstate or foreign commerce by land or water.
Changes.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 Safety transit devices, etc.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 Effect.thereof, shall, unless a shorter time is authorized by the commission, take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified. In the execution of the provisions of this Act Assistance of other departments, etc,, directed.the Interstate Commerce Commission may utilize the services of the bureau for the safe transportation of explosives and other dangerous articles, and may avail itself of the advice and assistance of any department, commission, or board of the Government, but no official or employee of the United States shall receive any additional compensation for such service except as now permitted by law.
“Sec. 234. It shall be unlawful to transport, carry, or convey High explosives excluded from passenger, etc., carriers in the United States.Vol. 35, p. 1135, amended.within the limits of the jurisdiction of the United States, liquid nitroglycerin, fulminate in bulk in dry condition, or other like explosive, on any vessel, car, or vehicle of any description operated in the transportation of passengers or property by land or water by a common carrier engaged in interstate or foreign commerce.
“Sec. 235. Every package containing explosives or other dangerous Marking packages of explosives.Vol. 35, p. 1135, amended.Delivery for shipment under false marking, etc., unlawful.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, or to carry upon any vessel, car, or vehicle operated by any common carrier engaged in interstate or foreign commerce by land or water any explosive, or other dangerous article, as specified in section 233 of this Act, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier in writing 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 Punishment for violations.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 $2,000 or imprisoned not more than eighteen months, or both. " Sec. 236. When the death or bodily injury of any person results Punishment for violations resulting indeath, etc.Vol. 35, p. 1136, amended.from the violation of any of the four sections last preceding, or any regulation made by the Interstate Commerce Commission in pursuance thereof, the person or persons who shall have so knowingly violated, or caused to be violated, such provision or regulation, shall be fined not more than $10,000, or imprisoned not more than ten years, or both.
Approved, March 4, 1921.