country whence he came at any time within three years after the CHAPTER 1180.—Child labor—Incorporation of national committee. Proviso. SECTION 1. Felix Adler, Francis G. Caffey, Robert W. de Forest, Incorporation. Edward T. Devine, Homer Folks, William E. Harmon, John S. Huyler, Mrs. Florence Kelley, James H. Kirkland, V. Everit Macy, Edgar Garduer Murphy, Isaac N. Seligman, Miss Lillian D. Wald, Paul M. Warburg, and John W. Wood, and their successors and associates, hereby are constituted a body corporate of the District of Columbia; the name of such body corporate shall be National Child Labor Committee, and by such name the said persons, or a majority of them, shall hold a meeting and adopt a constitution and by-laws, and shall have power to amend the same at pleasure: Provided, That such constitution or by-laws, or any amendments thereof, do not conflict with the laws of the United States; and that they may use a common seal and alter and change the same at pleasure, and may take, receive, hold, and convey real and personal estate necessary for the purposes of the organization. SEC. 2. The objects of the said corporation shall be: To promote Objects. the welfare of society with respect to the employment of children in gainful occupations; to investigate and report the facts concerning child labor; to raise the standard of parental responsibility with respect to the employment of children;, to assist in protecting children, by suitable legislation, against premature or otherwise injurious employment, and thus to aid in securing for them an opportunity for elementary education and physical development sufficient for the demands of citizenship and the requirements of industrial efficiency; to aid in promoting the enforcement of laws relating to child labor; to coordinate, unify, and supplement the work of State or local child-labor committees, and encourage the formation of such committees where they do not exist. SEC. 3. Said corporation shall have a right to hold its meetings Place of meetat any place in the United States as may be best suited or most ing. advantageous for the carrying out of the purposes for which this corporation is formed. SEC. 4. Said corporation shall not engage in any business for Restrictions. gain, the purposes of said corporation being educational and philanthropic. SEC. 5. The right to alter, amend, or repeal this act is hereby Amendments. expressly reserved. named. CHAPTER 2558.-Foundation for the Promotion of Industrial Peace. Trustees SECTION 1. The Chief Justice of the United States, the Secretary of Agriculture, and the Secretary of Commerce and Labor, and their successors in office, together with a representative of labor and a representative of capital and two persons to represent the general public, to be appointed by the President of the United States, are hereby created trustees of an establishment by the name of the Foundation for the Promotion of Industrial Peace, with authority to receive the Nobel peace prize awarded to the President and by him devoted to this foundation, and to administer it in accordance with the purposes herein defined. Any vacancies occurring in the number of trustees shall be filled in like manner by appointment by the President of the United States. SEC. 2. It shall be the duty of the trustees herein mentioned to invest and reinvest the principal of this foundation, to receive any additions which may come to it by gift, bequest, or devise, and to invest and reinvest the same; and to pay over the income from the foundation and its additions, or such part thereof as they may from time to time apportion, to a committee of nine persons, to be known as "The industrial peace committee," to be selected by the trustees, three members of which committee shall serve for the period of one year, three members for the period of two years, and three members for the period of three years; three members of this committee to be representatives of labor, three to be representatives of capital, each chosen for distinguished services in the industrial world in promoting righteous industrial peace, and three members to represent the general public. Any vacancies which may occur in this committee shall be filled by selection and appointment in the manner prescribed for the original appointment of the committee, and when the committee has first been fully selected and appointed each member thereafter appointed shall serve for a period of three years or the unexpired portion of such term. SEC. 3. The industrial peace committee herein constituted shall arrange for an annual conference in the city of Washington, District of Columbia, of representatives of labor and capital for the purpose of discussing industrial problems, with a view of arriv ing at a better understanding between employers and employees; it shall call special conferences in case of great industrial crises and at such other times as may be deemed advisable, and take such other steps as in its discretion will promote the general purposes of the foundation; subject, however, to such rules and regulations as may be prescribed by the trustees. The committee shall receive suggestions for the subjects to be discussed at the annual or other conferences and be charged with the conduct of the proceedings at such conferences. The committee shall also arrange for the publication of the results of the annual and special conferences. SEC. 4. All expenditures authorized by the trustees shall be paid exclusively from the accrued income and not from the principal of the foundation. SEC. 5. The trustees herein named are authorized to hold real and personal estate in the District of Columbia to an amount not exceeding three million dollars, and to use and dispose of the same for the purposes of this foundation. SEC. 6. The principal office of the foundation shall be located in the District of Columbia, but offices may be maintained and meetings of the trustees and committees may be held in other places, to be provided for in by-laws to be adopted from time to time by the trustees, for the proper execution of the purposes of the foundation. SEC. 7. The Foundation for the Promotion of Industrial Peace is hereby authorized and empowered, at its discretion, to cooperate with any institutions or societies having similar or like purposes. CHAPTER 2939.-Hours of labor of employees on railroads. SECTION 1. The provisions of this act shall apply to any com- Application of mon carrier or carriers, their officers, agents, and employees, en- law. gaged in the transportation of passengers or property by railroad in the District of Columbia or any Territory of the United States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad" as used in this act shall include all bridges and ferries used or operated in connection with any railroad, and also all the road in use by any common carrier operating a railroad, whether owned and operated under a contract, agreement, or lease; and the term "employees" as used in this act shall be held to mean persons actually engaged in or connected with the movement of any train. Limit of six Nine hours. SEC. 2. It shall be unlawful for any common carrier, its officers or agents, subject to this act to require or permit any employee teen hours; subject to this act to be or remain on duty for a longer period than sixteen consecutive hours, and whenever any such employee of such common carrier shall have been continuously on duty for sixteen hours he shall be relieved and not required or permitted again to go on duty until he has had at least ten consecutive hours off duty; and no such employee who has been on duty sixteen hours in the aggregate in any twenty-four-hour period shall be required or permitted to continue or again go on duty without having had at least eight consecutive hours off duty: Provided, That no operator, train dispatcher, or other employee who by the use of the telegraph or telephone dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements shall be required or permitted to be or remain on duty for a longer period than nine hours in any twenty-four-hour period in all towers, offices, places, and stations continuously operated night and day, nor for a longer period than thirteen hours in all towers, offices, places, and stations operated only during the daytime, except in case of emergency, when the employees named in this proviso may be permitted to be and remain on duty for four additional hours in a twenty-four-hour period on not exceeding three days in any week: Provided further, The Interstate Commerce Commission may after full hearing in a particular case and for good cause shown extend the period within which a common carrier shall comply with the provisions of this proviso as to such case. SEC. 3. Any such common carrier, or any officer or agent thereof, Violations. requiring or permitting any employee to go, be, or remain on duty in violation of the second section hereof, shall be liable to a penalty of not to exceed five hundred dollars for each and every 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 satisfactory information being lodged with him; but no such suit shall be brought after the expiration of one year from the date of such violation; 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. In all prosecutions under this act the common carrier shall be deemed to have had knowledge of all acts of all its officers and agents: Provided, That the provisions of this act shall not apply in any case of casualty or unavoidable accident or the act of God; nor where the delay was the result of a cause not known to the carrier or its officer or agent in charge of such employee at the time said employee left a terminal, and which could not have been foreseen: Enforcement. Interstate commerce. Defects. Provided further, That the provisions of this act shall not apply to the crews of wrecking or relief trains. SEC. 4. It shall be the duty of the Interstate Commerce Commission to execute and enforce the provisions of this act, and all powers granted to the Interstate Commerce Commission are hereby extended to it in the execution of this act. ACTS OF 1907-8. CHAPTER 149.-Liability of railroad companies for injuries to employees. Every common carrier by railroad while engaging in commerce between any of the several States or Territories, or between any of the States and Territories, or between the District of Columbia and any of the States or Territories, or between the District of Columbia or any of the States or Territories and any foreign Liability for nation or nations, shall be liable in damages to any person suffernegligence of ing injury while he is employed by such carrier in such comofficers, etc. merce, or, in case of the death of such employee, to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment. Commerce SEC. 2. Every common carrier by railroad in the Territories, within Territo- the District of Columbia, the Panama Canal Zone, or other posries, etc. sessions of the United States shall be liable in damages to any person suffering injury while he is employed by such carrier in any of said jurisdictions, or, in case of the death of such employee, to Lis or her personal representative, for the benefit of the surviving widow or husband and children of such employee; and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, for such injury or death resulting in whole or in part from the negligence of any of the officers, agents, or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boat, wharves, or other equipment. Comparative SEC. 3. In all actions hereafter brought against any such comnegligence. mon carrier by railroad under or by virtue of any of the provisions of this act to recover damages for personal injuries to an employee, or where such injuries have resulted in his death, the fact that the employee may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employee: Provided, That no such employee who may be injured or killed shall be held to have been guilty of contributory negligence in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. Risk not as SEC. 4. In any action brought against any common carrier under sumed, when. or by virtue of any of the provisions of this act to recover damages for injuries to, or the death of, any of its employees, such employee shall not be held to have assumed the risks of his employment in any case where the violation by such common carrier of any statute enacted for the safety of employees contributed to the injury or death of such employee. Contracts of waiver. SEC. 5. Any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any common carrier to exempt itself from any liability created by this act, shall to that extent be void: Provided, That in any action brought against any such common carrier under or by virtue of any of the provi sions of this act, such common carrier may set off therein any sum it has contributed or paid to any insurance, relief benefit, or indemnity that may have been paid to the injured employee or the person entitled thereto on account of the injury or death for which said action was brought. SEC. 6. No action shall be maintained under this act unless commenced within two years from the day the cause of action accrued. SEC. 7. 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. 8. Nothing in this act shall be held to limit the duty or liability of common carriers or to impair the rights of their employees under any other act or acts of Congress, or to affect the prosecution of any pending proceeding or right of action under the act of Congress entitled "An act relating to liability of common carriers in the District of Columbia and Territories, and to common carriers engaged in commerce between the States and between the States and foreign nations to their employees," approved June eleventh, nineteen hundred and six. CHAPTER 186.-Mine explosions—Investigation. The following sums are hereby appropriated Limitation. Definition. Effect of law. DEPARTMENT OF THE INTERIOR. Causes of For continuing the work authorized by the act approved March third, eighteen hundred and ninety-one [inspection, etc., of mines], explosions. and for the protection of the lives of miners in the Territories and in the District of Alaska, and for conducting investigations as to the causes of mine explosions with a view to increasing safety in mining, to be immediately available, one hundred and fifty thousand dollars, of which sum not more than fifty thousand dollars may be used for salaries. * CHAPTER 200.-Safety appliances on railroads—Inspection-Tests. * Hereafter all inspectors employed for the enforcement of said act [to promote the safety of employees and travelers upon railroads] 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 PostmasterGeneral. Mail cars. Safety ap Hereafter the Interstate Commerce Commission shall be, and is, hereby authorized, at its discretion, to investigate, test experi- pllances. mentally, and report on the use and need of any appliances or systems intended to promote the safety of railway operation which may be furnished in completed shape to such Commission for such investigation and test entirely free of cost to the Government. For this purpose the Commission is authorized to employ persons familiar with the subject to be investigated and tested, and may also make use of its regular employees for such purposes. CHAPTER 225.-Safety appliances on railroads—Ash pans. SECTION 1. On and after the first day of January, nineteen hundred and ten, it shall be unlawful for any common carrier engaged for in interstate or foreign commerce by railroad to use any locomo43967-08-97 Locomotives interstate use; |