EXPLOSIVES AND OTHER DANGEROUS ARTICLES. On May 28, 1908, Congress passed an Act requiring that within ninety days the Interstate Commerce Commission should formulate regulations for the safe transportation of explosives, which Act provided that said regulations should be binding upon all common carriers engaged in interstate commerce which transport explosives by land. The importance of this subject may be judged from the fact that for any violation of the regulations promulgated by the Interstate Commerce Commission the offender was to be fined not exceeding $2,000 or imprisoned not exceeding 18 months, or by both such fine and imprisonment in the discretion of the court. Investigating this subject the commission recently called on Col. B. W. Dunn, Chief Inspector of "The Bureau for Safe Transportation of Explosives and other Dangerous Articles," for information upon the subject. In reply to the commission's inquiry Col. Dunn, under date of March 4, 1909, furnished the commission with the following statement: "Summary of statistics relating to accident in handling explosives and inflammables, compiled by the Bureau of Explosives. The compilation is necessarily incomplete: The bureau has had an active organization only since June 10, 1907, and the figures include the year, 1908. IN TRANSPORTATION, USE OR STORAGE. "During the year 1908, the bureau inspected 5,603 railroad stations, at which explosives are handled, 1,008 stations, handling inflammables, and 1,540 storage mazagines. It has condemned as unsafe for shipment and prevented the transportation by rail of 4,852 boxes of high explosives, amounting in all to 242,600 pounds." When the capacity of one pound of high explosives to kill and injure is considered, the above figures will serve to illustrate to some extent, what has been accomplished by the bureau under the organization of Col. Dunn. In obedience to the Act of Congress of May 28th, the Interstate Commerce Commission promulgated on the first day of July, 1908, regulations for the transportation of explosives. These regulations apply of course, only to interstate commerce and impose duties upon shippers and carriers and the Act of Congress imposes penalties upon shippers and carriers who violate these regulations. Appreciating the great importance of this subject the railways of the country have organized the bureau for the safe transportation of explosives. In an address before the National Association of Railway Commissioners in October, 1908, Col. Dunn, discussing efforts of the railway companies in this respect said: "Whenever it could be demonstrated that safety to life and property was involved they have not hesitated to assume large financial and other burdens. To systematize and direct the education of all concerned and to promote a uniform enforcement of the regulations, the railroads are expending an increasing amount, now about $80,000 per annum, to maintain a Bureau of Explosives, and this amount is negligible when compared with the average of $5.00 to $10.00 expended for special preparation and special treatment of each of the 600 to 700 cars started daily in the United States with lading composed in whole or in part of explosives. "The total of this expense approximates two millions of dollars per annum and it has been voluntarily met without insisting as yet that the general public bear its share of the burden. "In a similar way the large manufacturers of explosives have increased their costs. An increase in the thickness of lumber of the dynamite box from 3 to 1/2 inch increased the packing expenses of the larg est shippers of dynamite over $250,000 per annum, and while this is the principal one it is not the only item. "I feel free to invite attention to these matters as I am a disinterested party only temporarily connected with the work.” This matter will be more thoroughly understood when it is stated that Col. Dunn of the U. S. Army was detailed for the purpose of assisting in the education of the shippers and carriers upon this subject. A recital of the details of a single accident will show the hazard to life and property in the transportation of explosives. The following is a brief history of an accident at Harrisburg, Pa., on May 11, 1905: "Train 2188 of the Pennsylvania Railroad was flagged on account of switching engine in advance stopping to drop off ten cars. The engine of 2188 was leaking badly, which prevented engineer from seeing flag until within a short distance of the switching train. The application of the air brake caused one of the cars to be thrown on the west bound passenger track. A passenger train was passing at this time and ran into the wreckage. The engine of the passenger train was upset, the baggage car and day coach derailed and the sleepers remained on track. About three minutes afterwards, there was a low rumbling noise almost immediately followed by a violent explosion, then a second explosion not quite so violent, and then a series of smaller ones from small quantities of powder and gas tanks of the Pullman cars. Freight train was made up of 68 cars, and the passenger train of one baggage car, one day coach and six sleepers. "The car that was wrecked was followed by a car containing 400 boxes 50 pounds, each, total 20,000 of Judson powder, a low-grade explosive of not over 8 per cent. nitroglycerine. Car was properly inspected and cards reading: 'Explosives, handle carefully,' were placed on each side and both ends. It is believed explosion was caused by fire which was started by sparks produced by friction or coal from the engine of passenger train. As a result of this explosion twenty persons were killed and a large number injured. The property loss was about $500,000." In the State of Georgia, the law upon this subject is found in Sections 2291 and 2292 of the Code. It has been recommended that there shall be uniform legislation in all the States on this subject, the purpose of which will be to carry into effect the regulations promulgated by the Interstate Commerce Commission. The following form of legislative enactment has been recommended to all the States upon this subject: AN ACT TO PROMOTE THE SAFE TRANSPORTATION OF EXPLOSIVES AND Be it enacted by the General Assembly of the State of Georgia and it is hereby enacted by the authority of the same. SECTION 1. That it shall be unlawful to transport, carry or convey any dynamite, gunpowder or other explosives between any place within the State of Georgia, or any vessel, car or vehicle of any description, operated by a common carrier, which vessel, car or vehicle is carrying passengers for hire. Provided that it shall be lawful to transport on any such vessel, car or vehicle, small arms ammunition in any quantity, and such fuses, torpedoes, rockets or other signal devices as may be essential to promote safety in operation, and properly packed and marked samples for laboratory examination, not exceeding a net weight of onehalf pound each, and not exceeding twenty samples at one time in a single vessel, car or vehicle; but such samples shall not be carried in that part of a vessel, car or vehicle which is intended for the transportation of passengers for hire, 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. SEC. 2. That the regulations formulated by the Interstate Commerce Commission, pursuant to Section 2 of an Act of Congress, Public No. 174, approved May 30, 1906, shall be binding upon all common carriers engaged in interstate commerce within the State of Georgia, which transport explosives by land. SEC. 3. That it shall be unlawful to transport, carry or convey liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosives between any places within the State of Georgia, on any vessel, car or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water. SEC. 4. 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, partnership or corporation to deliver for transportation to any common carrier engaged in commerce by land or water, or to cause to be delivered or to carry 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 is made. SEC. 5. Any person, partnership or corporation who knowingly violates or causes to be violated any of the foregoing provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished for each offense by a fine not exceeding $2,000 or by imprisonment not exceeding 18 months, or by both such fine and imprisonment in the discretion of the court. SEC. 6. This Act shall take effect at once and all Acts and parts of Acts in conflict therewith are hereby repealed. |