mount. This fact gives to State laws a sort of existence on sufferance, in so far as their application goes to affect interstate commerce, whether the subject be one of equipment or construction of tracks, rolling stock, etc., or of terms or conditions of employment. They are valid where not in conflict with Federal laws, but can not piece out such legislation in an occupied field. The controlling status of Federal legislation occasions its publication at length; while State laws on the same or correlative subjects are abridged or summarized. State laws affecting local conditions, as bridges and wires over tracks, structures near tracks, shelters for workmen, etc., appear in Part II of this compilation, as do laws as to qualifications of employees on railroads, interfering with employment, etc.

SAFETY APPLIANCES

The safety appliance laws of the United States are shown as printed in the Compiled Statutes, 1916-1923:

UNITED STATES-COMPILED STATUTES, 1916-1923

Railroads-Safety appliances, etc.

(Acts of March 2, 1893, April 1, 1896, March 2, 1903, May 30, 1908, April 14 and May 6, 1910, February 17 and March 4, 1911, March 4, 1915, June 26, 1918, June 7, 1924.)

SECTION 8605. Power brakes. From and after the first day of January, eighteen hundred and ninety-eight, it shall be unlawful for any common carrier engaged in interstate commerce by railroad to use on its line any locomotive engine in moving interstate traffic not equipped with a power drivingwheel brake and appliances for operating the train-brake system, or to run any train in such traffic after said date that has not a sufficient number of cars in it so equipped with power or train brakes that the engineer on the locomotive drawing such train can control its speed without requiring brakemen to use the common hand brake for that purpose.

SEC. 8606. Automatic couplers.-On and after the first day of January, eighteen hundred and ninety-eight, it shall be unlawful for any such common carrier to haul or permit to be hauled or used on its line any car used in moving interstate traffic not equipped with couplers coupling automatically by impact, and which can be uncoupled without the necessity of men going between the ends of the cars.

The benefits of this section are not restricted to employees engaged in coupling or uncoupling cars, but reach to any employee who is injured in the scope of his duty by reason of defects in the prescribed equipment. Chicago Junction R. Co. v. King, 169

Fed. 372.

The statute requires both ends of a car to be equipped with effective couplers, and the fact that a defective coupler was in contact with an effective one so that couplings could be made from one side of the train but not the other does not relleve the company of its liability to a penalty. Central Vermont R. Co. v. U. S., 205 Fed. 40.

SEC. 8607. Cars without equipment.-When any person, firm, company, or corporation engaged in interstate commerce by railroad shall have equipped a sufficient number of its cars so as to comply with the provisions of section one of this act, it may lawfully refuse to receive from connecting lines of road or shippers any cars not equipped sufficiently, in accordance with the first section of this act, with such power or train brakes as will work and readily interchange with the brakes in use on its own cars, as required by this act.

"The relative supremacy of the State and national power need not be commented upon. Where there is a conflict the State legislation must give way. Indeed, when Congress acts in such a way as to manifest its purpose to exercise its constitutional authority the regulating power of the State ceases to exist." Erie R. Co. v. New York (1914), 233 U. S. 671, 34 Sup. Ct. 756.

2 Northern Pacific R. Co. v. Washington (1912), 222 U. S. 370, 32 Sup. Ct. 1601; Erie R. Co. v. New York, supra; Southern B. Co. v. Railroad Commission (1915), 236 U. S. 439, 35 Sup. Ct. 304 (see p. 76).

SEC. 8608. Grab irons.—From and after the first day of July, eighteen hundred and ninety-five, until otherwise ordered by the Interstate Commerce Commission, it shall be unlawful for any railroad company to use any car in interstate commerce that is not provided with secure grab irons or handholds in the ends and sides of each car for greater security to men in coupling and uncoupling cars.

SEC. 8609. Height of drawbars.-Within ninety days from the passage of this act the American Railway Association is authorized hereby to designate to the Interstate Commerce Commission the standard height of drawbars for freight cars, measured perpendicular from the level of the tops of the rails to the centers of the drawbars, for each of the several gauges of railroads in use in the United States, and shall fix a maximum variation from such standard height to be allowed between the drawbars of empty and loaded cars. Upon their determination being certified to the Interstate Commerce Commission, said Commission shall at once give notice of the standard fixed upon to all common carriers, owners, or lessees engaged in interstate commerce in the United States by such means as the Commission may deem proper. But should said association fail to determine a standard as above provided, it shall be the duty of the Interstate Commerce Commission to do so, before July first, eighteen hundred and ninety-four, and immediately to give notice thereof as aforesaid, And after July first, eighteen hundred and ninety-five, no cars either loaded or unloaded, shall be used in interstate traffic which do not comply with the standard above provided for.

This section is constitutional. The duty of maintaining the couplers in the prescribed condition is an absolute one, which can not be discharged by the use merely of reasonable care or by its delegation to competent persons. St. Louis, I. M. & S. R. Co. v. Taylor,

210 U. S 281, 28 Sup. Ct. 616.

SEC. 8610 (as amended by act of April 1, 1896). Penalty.-Any such common carrier using any locomotive engine, running any train, or hauling or permitting to be hauled or used on its line any car in violation of any of the provisions of this act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States district attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be the duty of such district attorney to bring such suits upon duly verified information being lodged with him of such violation having occurred; and it shall also be the duty of the Interstate Commerce Commission to lodge with the proper district attorneys information of any such violations as may come to its knowledge: Provided, That nothing in this act contained shall apply to trains composed of four-wheel cars or to trains composed of eight-wheel standard logging cars where the height of such car from top of rail to center of coupling does not exceed twenty-five inches, or to locomotives used in hauling such trains when such cars or locomotives are exclusively used for the transportation of logs.

SEC. 8611. Extension of time.-The Interstate Commerce Commission may from time to time upon full hearing and for good cause extend the period within which any common carrier shall comply with the provisions of this

act.

SEC. 8612. Employees do not assume risk, when.-Any employee of any such common carrier who may be injured by any locomotive, car, or train in use contrary to the provisions of this act shall not be deemed thereby to have assumed the risk thereby occasioned, although continuing in the employment of such carrier after the unlawful use of such locomotive, car, or train had been brought to his knowledge.

Courts will take official cognizance of the effect of this statute, though the plaintiff in no way indicates that he relies on it for recovery, Couplers which have become worn and inoperative are not a compliance with the requirements of this act, though of proper form and style. A car designed for use in interstate traffic, though empty, is within the provisions of the statute. Voelkin v. Chicago, M. & St. P. R. Co., 116 Fed. 867.

Failure by a railroad company to equip its cars with couplers as required by this statute is negligence per se, and the defense of contributory negligence can not be made against an employee injured because of such failure, even if the employee was thus begligent; and an employee remaining in service does not assume the risk. Greenlee r. Southern R. Co., 122 N. C. 977, 30 S. E. 115.

A locomotive is a car requiring automatic couplers under this statute. Not only Bust the couplers provided work automatically with others of the same make, but the different kinds used must couple automatically one with another. Johnson v. Southern Pac. Co., 196 U. S. 1, 25 Sup. Ct. 158.

The purpose of this act is to promote a high degree of care and diligence for the protection of employees. Knowledge is not an element of an offense. United States v. Chicago, B. & Q. R. Co., 156 Fed. 180.

SEC. 8613. Application of law of 1893.-The provisions and requirements of * * [secs. 8605-8612], shall be held to apply to common carriers by railroads in the Territories and the District of Columbia, and shall apply in all cases, whether or not the couplers brought together are of the same kind, make, or type; and the provisions and requirements hereof and of said acts relating to train brakes, automatic couplers, grab irons, and the height of drawbars shall be held to apply to all trains, locomotives, tenders, cars, and similar vehicles used on any railroad engaged in interstate commerce, and in the Territories and the District of Columbia, and to all other locomotives, tenders, cars, and similar vehicles used in connection therewith, excepting those trains, cars, and locomotives exempted by the provisions of section ** * [8610], or which are used upon street railways.

SEC. 8614. Fifty per cent of cars to be equipped.--Whenever, as provided in said act, any train is operated with power or train brakes, not less than fifty per centum of the cars in such train shall have their brakes used and operated by the engineer of the locomotive drawing such train; and all powerbraked cars in such train which are associated together with said fifty per centum shall have their brakes so used and operated; and, to more fully carry into effect the objects of said act, the Interstate Commerce Commission may, from time to time, after full hearing, increase the minimum percentage of cars in any train required to be operated with power or train brakes which must have their brakes used and operated as aforesaid; and failure to comply with any such requirements of the said Interstate Commerce Commission shall be subject to the like penalty as failure to comply with any requirement of this section.

SEC. 8615. Act construed.--The provisions of this act shall not take effect until September first, nineteen hundred and three. Nothing in this act shail be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States district attorney from any of the provisions, powers, duties, liabilities, or requirements of said act * * [secs. 86058612]; and all of the provisions, powers, duties, requirements and liabilities of said act * * * shall, except as specifically amended by this act, apply to this act.

SEC. 8616. * Mail cars. Hereafter all inspectors employed for the enforcement of said act [secs. 8605-8612] shall also be required to make examination of the construction, adaptability, design, and condition of all mail cars used on any railroad in the United States and make report thereon, a copy of which report shall be transmitted to the Postmaster General.

SEC. 8617. Application of law.--The provisions of this act [secs. 8617-8623] shall apply to every common carrier and every vehicle subject to the act ** * [secs. 8605-8612].

**

SEC. 8618. Equipment required.-On and after July first, nineteen hundred and eleven, it shall be unlawful for any common carrier subject to the provisions of this act to haul, or permit to be hauled or used on its line any car subject to the provisions of this act not equipped with appliances provided for in this act, to wit: All cars must be equipped with secure sill steps and efficient hand brakes; all cars requiring secure ladders and secure running boards shall be equipped with such ladders and running boards, and all cars having ladders shall also be equipped with secure handholds or grab irons on their roofs at the tops of such ladders: Provided, That in the loading and hauling of long commodities, requiring more than one car, the hand brakes may be omitted on all save one of the cars while they are thus combined for such purpose.

SEC. 8619. Number, style, etc., of appliances.-Within six months from the passage of this act the Interstate Commerce Commission, after hearing, shall designate the number, dimensions, location, and manner of application of the appliances provided for by section two of this act and section four of the act of March second, eighteen hundred and ninety-three, and shall give notice of such designation to all common carriers subject to the provisions of this act by such means as the commission may deem proper, and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and

failure to comply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this act: Provided, That the Interstate Commerce Commission may, upon full hearing and for good cause, extend the period within which any common carrier shall comply with the provision of this section with respect to the equipment of cars actually in service upon the date of the passage of this act. Said commission is hereby given authority, after hearing, to modify or change, and to prescribe the standard height of drawbars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission.

SEC. 8621. Violations.-Any common carrier subject to this act using, hauling, or permitting to be used or hauled on its line, any car subject to the requirements of this act not equipped as provided in this act, shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered as provided in section six of the act of March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six: Provided, That where any car shall have been properly equipped, as provided in this act and the other acts mentioned herein, and such equipment shall have become defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by section four of this act or section six of the act of March second, eighteen hundred and ninety-three as amended by the act of April first, eighteen hundred and ninety-six, if such movement is necessary to make such repairs and such repairs can not be made except at such repair point; and such movement or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for the death or injury of any railroad employee caused to such employee by reason of or in connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this act and the other acts herein referred to; and nothing in this proviso shall be construed to permit the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such defective cars contain live stock or " perishable" freight.

Svc. 8622. Construction of act.-Except that, within the limits specified in the preceding section of this act, the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the Statutes, but shall in all other respects be unlawful, nothing in this act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said act [secs. 8605-8612]; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said act * * * shall apply to this act.

* * *

SEC. 8623. Enforcement.-It shall be the duty of the Interstate Commerce Commission to enforce the provisions of this act, and all powers heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this act.

SEC. 8624. Ash pans.-On and after the first day of January, nineteen hundred and ten, it shall be unlawful for any common carrier engaged in interstate or foreign commerce by railroad to use any locomotive in moving interstate or foreign traffic, not equipped with an ash pan, which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive. SEC. 8625. For use in Territories, etc.-On and after the first day of January, nineteen hundred and ten, it shall be unlawful for any common carrier by railroad in any Territory of the United States or the District of Columbia to use any locomotive not equipped with an ash pan, which can be dumped or emptied and cleaned without the necessity of any employee going under such locomotive. SEC. 8626. Violations.-[Violations are punishable by a fine of $200, suit to be brought by the United States district attorney. Interstate Commerce Commission to give notice of violations coming to its knowledge.]

SEC. 8627. Enforcement. It shall be the duty of the Interstate Commerce Commission to enforce the provisions of this act, and all powers heretofore

granted to said Commission are hereby extended to it for the purpose of the enforcement of this act.

SEC. 8628. Definition.-The term "common carrier" as used in this act shall include the receiver or receivers or other persons or corporations charged with the duty of the management and operation of the business of a common carrier. SEC. 8629. Application.-Nothing in this act contained shall apply to any locomotive upon which, by reason of the use of oil, electricity, or other such agency, an ash pan is not necessary.

SEC. 8630 (as amended June 7, 1924). Scope of law.-When used in this act [secs. 8630-8638] the terms "carrier" and "common carrier" mean a common carrier by railroad, or partly by railroad and partly by water, within the continental United States, subject to the Interstate Commerce Act, as amended, excluding street, suburban, and interurban electric railways unless operated as a part of a general railroad system of transportation. The term "railroad' as used in this act shall include all the roads in use by any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and the terms "employees" as used in this act shall be held to mean persons actually engaged in or connected with the movement of any train.

SEC. 8631 (as amended June 7, 1924). Boilers, etc., to be safe.-It shall be unlawful for any carrier to use or permit to be used on its line any locomotive unless said locomotive, its boiler, tender, and all parts and appurtenances thereof are in proper condition and safe to operate in the service to which the same are put, that the same may be employed in the active service of such carrier without unnecessary peril to life or limb, and unless said locomotive, its boiler, tender, and all parts and appurtenances thereof have been inspected from time to time in accordance with the provisions of this act and are able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for.

SECS. 8632-8638 (as amended June 7, 1924). Inspectors.-[The President appoints a chief inspector of locomotive boilers and two assistant chiefs, the former at $6,000 and the latter at $5,000 each per year. These supervise the activities of not more than 65 inspectors appointed by the Interstate Commerce Commission from registers made up of persons who have passed examinations held by the Civil Service Commission. Such inspectors are assigned to districts by the chief inspector and receive a salary of $3,600, traveling expenses, and not over $1,000 per annum for office rent, clerical assistance, etc. District inspectors must become familiar, so far as practicable, with the condition of each locomotive boiler ordinarily housed or repaired in his district; and if any boiler or apparatus is found not to conform to the requirements of the law or of the rules and regulations approved by the chief inspector and the Interstate Commerce Commission, the carrier must be notified and its use discontinued, unless on appeal to the chief inspector a reexamination discloses the boiler to be in a serviceable condition.

In case of serious injury or death due to the failure of a locomotive boiler or its appurtenances, an immediate report in writing must be made, and the facts investigated and reported to the chief inspector. The chief inspector makes annual reports of the work done.]

SECS. 8642-8647. Reports of accidents.-[The general manager or other proper officer of railroads in interstate commerce must report monthly to the Interstate Commerce Commission all accidents resulting in injury to persons, equipment, or roadbed. The commission has authority to investigate such accidents, and may publish reports thereon, with such recommendations as it deems proper. Neither the reports of accidents nor of the investigation shall be received as evidence in any action for damages.]

Laws of several States cover many if not all the points named in the Federal statutes, while matters of detail are added in a number of cases, notably as regards locomotives. Some of these relate to the physical comfort of engineers and firemen rather than to personal or public safety, but all are brought together as showing the extent to which train equipment has been the subject of statutory regulation. Headlights on locomotives and switch lights are matters of interest to the public as well as to employees; while the blocking of frogs or switch points to prevent the catching of feet therein is directed mainly to the protection of employees.