"Sec. 233. The Interstate Commerce Commission shall formulate regulations for the safe transportation of explosives, which shall be binding upon all common carriers engaged in interstate or foreign commerce which transport explosives by land. 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 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 thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified."

§ 260. Liquid Nitroglycerine, Etc., Not to be Carried on Certain Vessels and Vehicles.-The Act of May 30, 1908, 35 Statute at Large, 555, becomes Section 234 of the new Code, as follows:

"Sec. 234. It shall be unlawful to transport, carry, or convey, liquid nitroglycerine, fulminate in bulk or in dry condition, or other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction 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."

This section seems to prohibit the transportation by any method, by any common carrier that carries passengers or articles of commerce. It will be noted, however, that this section (234) and Section 233, above quoted, and Section 235, hereinafter set out, seem to have been repealed by the schedule in Section 341; and these three sections do not seem to have been in the bill, as reported to Congress by the Committee on Revision, but because of uncertainty, they are quoted.

§ 261. Marking of Packages of Explosives; Deceptive Marking. Section 235 of the new Code reads as follows:

"Sec. 235. Every package containing explosives or other dangerous 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, for interstate or foreign transportation, or to carry upon any vessel or vehicle engaged in interstate or foreign transportation, any 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. Whoever shall knowingly violate, or cause to be violated, any provision 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 two thousand dollars, or imprisoned not more than eighteen months, or both."

It will be borne in mind that this section, as well as 234 and 233, are probably repealed by Section 341 of the new Code as presented by the Committee on Revision.

§ 262.

Death or Bodily Injury Caused by Such Transportation.-Section 5354 of the old statutes becomes, with some changes, Section 236 of the new Code, as follows:

"Sec. 236. When the death or bodily injury of any person is caused by the explosion of any article named in the four sections last preceding, while the same is being placed upon any vessel or vehicle to be transported in violation thereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person knowingly placing, or aiding or permitting the placing, of such articles upon any such vessel or vehicle, to be so transported, shall be imprisoned not more than ten years.'

The imprisonment in the old statute was for any period not less than two years.

§ 263. Importation and Transportation of Lottery Tickets, Etc.-The defects and limitations in the Act of March 2, 1895, 28 Statute at Large, 963, Second Supplement, 435, are remedied by Section 237 of the new Code, which is as follows:

"Sec. 237. Whoever shall bring or cause to be brought into the United States or any place subject to the jurisdiction

thereof, from any foreign country, for the purpose of disposing of the same, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon the event of a lottery, gift enterprise, or similar scheme, offering prizes dependent in whole or in part upon lot or chance, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme; or shall therein. knowingly deposit or cause to be deposited with any express company or other common carrier for carriage, or shall carry, from one State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, to any other State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States through a foreign country to any place in or subject to the jurisdiction thereof, or from any place in or subject to the jurisdiction of the United States to a foreign country, any paper, certificate, or instrument purporting to be or to represent a ticket, chance, share, or interest in or dependent upon, the event of any such lottery, gift enterprise, or similar scheme, or any advertisement of, or list of the prizes drawn or awarded by means of, any such lottery, gift enterprise, or similar scheme, or shall knowingly take or receive, or cause to be taken or received, any such paper, certificate, instrument, advertisement, or list so brought, deposited, or transported, shall, for the first offense, be fined not more than one thousand dollars, or imprisoned not more than two years, or both; and for any subsequent offense shall be imprisoned not more than two years."

This statute meets the criticisms leveled at the former statute by Circuit Judge Jenkins, in the 95 Federal, 453, Champion vs. Ames, and by Judge McDowell, in 125 Federal, 616, United States vs. Whelpley, wherein each held that the old statute did not prevent or punish the sending of lottery tickets from a State to a Territory, etc., or from a Territory to a State; the language being "from one State to another." This new statute covers the entire ground, and protects Territories, Provisional Governments, foreign countries, States, and non-contiguous territory subject to the jurisdiction of the United States. This limitation has been held to be Constitutional, in France vs. United States, 164 U. S., 676; Champion vs. Ames, 188 U. S., 321; and Francis vs. United States, 188 U. S., 375.

In France vs. United States, 164 U. S., 676, 41 Law Ed., 595, the Supreme Court held that a paper that contains nothing but figures which relate to a drawing already completed, is not a paper certificate or instrument purporting to be, or representing, a ticket, chance, share, or interest, in a lottery, which the Act of Congress of 1895, Chapter 191, makes it unlawful to bring into the United States, or deposit in the mails, or carry from one State to another. Such statute refers only to a paper, which depends upon a lottery, the drawing of which has not yet taken place.

In Champion vs. Ames, 188 U. S., 321, 47 Law Ed., 496, the Supreme Court held that the carriage of lottery tickets from one State to another, by an express company, engaged in carrying freight and packages from State to State, is interstate commerce, which Congress, under its power to regulate, may prohibit by making it an offense against the United States to cause such tickets to be so carried.

In Francis vs. United States, 188 U. S., 375, 47 Law Ed., 510, the Supreme Court held that policy slips, written by a customer to indicate his choice of numbers, and delivered by him to an agent of the policy game, to be forwarded by him to headquarters in another State, are not within this Act. Gathering the facts from the opinion, they show, in substance, that the policy game, the lottery in question, had its headquarters in Ohio, and agencies in different States. A person wishing to take a chance went to one of these agencies (in this case, in Kentucky), selected three or more numbers, wrote them on a slip, and handed the slip to the agent (in this case, to the defendant Hoff) paying the price of the chance at the same time, and keeping a duplicate, which was the purchaser's voucher for his selection. The slip was then taken by the defendant Edgar, to be carried to the principal office, which was, it will be remembered, in Ohio; where afterwards, in the regular course, there was a drawing by the defendant Francis. Thus, the carriage from Kentucky to Ohio, or from one State to another, relied upon as the object of the conspiracy, and as the overt act in pursuance of the conspiracy, was the carriage by Edgar of slips delivered to Hoff by the person wishing to take a chance, as above described. It will thus be noticed that the slips were at home, as between the purchaser and the lottery, when put into Hoff's hands in Kentucky. They had reached

their final destination in point of law, and their later movements were internal circulation within the sphere of the lottery company's possession; and the Supreme Court said:

"Therefore, the question is suggested whether the carriage of a paper of any sort by its owner, or the owner's servant, properly so-called, with no view of a later change of possession, can be commerce, even when the carriage is in the aid of some business or traffic. The case is different from one where, the carriage being done by an independent carrier, it is commerce merely by reason of the business of carriage.'

This question, however, the Supreme Court did not see fit to answer, for the case went off upon another ground, to wit, upon the ground that the papers did not represent a ticket or interest in a lottery.

"We assume, for purposes of decision, that the papers kept by the purchasers were tickets, or did represent an interest in a lottery; but these papers did not leave Kentucky."

§ 264. Interstate Shipment of Intoxicating Liquors; Delivery to be Made Only to Bona Fide Consignee. Brand new legislation is Section 238 of the new Code, which reads as follows:

"Sec. 238. Any officer, agent, or employee of any railroad company, express company, or other common carrier, who shall knowingly deliver or cause to be delivered to any person other than the person to whom it has been consigned, unless upon the written order in each instance of the bona fide consignee, or to any fictitious person, or to any person under a fictitious name, any spirituous, vinous, malted, fermented, or other intoxicating liquor of any kind which has been shipped from one State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, into any other State, Territory, or District of the United States, or place non-contiguous to but. subject to the jurisdiction thereof, or from any foreign country into any State, Territory, or District of the United States, or place non-contiguous to but subject to the jurisdiction thereof, shall be fined not more than five thousand dollars, or imprisoned not more than two years, or both."

This section, it will be noticed, contains three divisions: first, the liquor must be delivered to the one to whom consigned; second, the liquor must not be delivered to any fictitious person; third, the liquor must not be delivered to any person under a fictitious name. Of course, if the liquor be