rates. Temporary injunction granted. United States circuit court, northern district of Illinois.

United States v. Lake Shore & Michigan Southern Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, northern district of Illinois.

United States v. Wabash Railroad Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Atchison, Topeka & Santa Fe Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chicago, Rock Island & Pacific Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chicago, Burlington & Quincy Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chicago, Milwaukee & St. Paul Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chicago & Alton Railroad Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chicago Great Western Railway Company. Proceeding to enjoin departure from published tariff rates. Temporary injunction granted. United States circuit court, western district of Missouri.

United States v. Chesapeake & Ohio Railway Company. Proceeding to enjoin departure from published tariff rates. United States Supreme Court.

United States, ex rel. Martin A. Knapp et al., v. Boston & Maine Railroad Company. Petition for mandamus to compel filing of annual report. United States circuit court, district of Massachusetts.

United States, ex rel. Martin A. Knapp et al., v. Lake Shore & Michigan Southern Railway Company. Petition for mandamus to compel filing of annual report. United States Supreme Court.

United States, ex rel. Martin A. Knapp et al., v. New York Central & Hudson River Railroad Company. Petition for mandamus to compel filing of annual report. United States circuit court, southern district of New York.

United States, ex rel. Martin A. Knapp et al., v. Delaware & Hudson Company. Petition for mandamus to compel filing of annual report. United States circuit court, southern district of New York.

Interstate Commerce Commission v. Cincinnati, Hamilton & Dayton Railway Company et al. Unjust classification of soap. United States

circuit court, southern district of Ohio.

The pending proceedings for enforcement of the safety-appliance law are stated under the heading of "Safety Appliances."

ENFORCEMENT OF THE LAW.

It must be remembered that the Commission is an administrative and not a judicial body. It has no power to enforce its own orders, much less can it prosecute those who are charged with criminal misconduct. The civil remedies which the act provides must be enforced against disobedient carriers by suits in the Federal courts, while the criminal remedies afforded are wholly in the bands of the several United States attorneys acting under the direction of the AttorneyGeneral. The efficiency and usefulness of the Commission must therefore depend in an important degree upon the attitude and efforts of the Department of Justice. Bearing this in mind, the Commission desires to make mention of the able and zealous cooperation of the Department in all.matters wherein its aid is required.

SAFETY APPLIANCES.

The changes effected in the original safety-appliance law by the amendment of March 2, 1903, were fully set forth in the last annual report of the Commission. The good effect of these changes, especially in securing more effective control of trains through an increased use of air brakes, is marked.

Since the law went into full operation certain roads in the eastern portion of the country have reduced the number of men employed as brakemen on trains, giving as their reason for this action that the law, by requiring trains to be controlled by air under the control of the engineer of the locomotive drawing the train, rendered the employment of the former number of brakemen on freight trains unnecessary. In other words, as the brakemen are no longer required to use the hand brake to control the speed of trains, a fewer number of men are required to operate the trains.

The report of the chief inspector which appears in the appendix shows that 208,177 cars were inspected during the year, of which 65,183, or 31.31 per cent of the whole number, were found defective. The total number of cars inspected was 12,000 less than in 1903, while the percentage of defective cars was 4 per cent greater. The smaller number of cars inspected is accounted for by the operation of the new law, which has entailed additional work upon the inspectors in making

special inspections, called for by the 50 per cent provision of the airbrake law, and the necessity of securing evidence in cases of air-brake violations, while the increase in the percentage of defective cars may indicate a slight deterioration in equipment, coupled with a more careful and thorough inspection which our inspectors are able to make as a result of added experience.

In noting defects our inspectors do not confine themselves strictly to those appliances required by law, but include everything which involves the safety of employees, such as ladders, steps, running boards on roofs of cars, etc., which are not in themselves required by law, but which are necessary to the safety of the men, and which have been so treated by the Master Car Builders' Association under its standards for the protection of trainmen. The Commission has recognized these standards as far as practicable and has made its rules of inspection conform to them wherever there was no conflict of law. It is believed that by working in harmony with the Master Car Builders' and Master Mechanics' associations in this manner, and recognizing their standards as far as practicable, a great deal will be accomplished in bringing about that uniformity in equipment and practice which is so much to be desired.

The reports of our inspectors show that the provisions of the airbrake law are generally well observed so far as the proportion of air-brake cars in service is concerned. In many instances, however, these cars do not receive the attention they should, and are permitted to run in such defective condition as to be really inoperative so far as the brakes are concerned. Leaky train pipes and improper piston travel in brake cylinders are the most frequent source of complaints, and in nearly every instance where these complaints are common it is found to be due to insufficient repair force at points where cars are inspected and repaired. In many cases engineers complain that they can not pump sufficient air to enable them to control their trains entirely by air brakes, and they have no confidence in their ability to control their trains. They thus insist that trains shall be controlled by hand brakes in all dangerous places, holding the air in reserve for use in emergencies only. It is found that generally where such conditions exist they are due to causes which may be easily remedied, such as leaky train lines, dirty and inoperative triple valves, and improper piston travel; all due to imperfect inspection and care of brakes, or air pumps that are not of sufficient capacity to furnish air for the number of brakes used. Another reason is failure of the roads to properly educate their employees in the use of air brakes.

With the great increase in the size of trains of late years, coupled with the increased use of air brakes, it is the opinion of many wellinformed men that all locomotives should be equipped with two air pumps, so arranged that they may be used in combination or singly, as

desired. In any event, the small-sized pumps now in use should be replaced with pumps of the largest capacity, so that engineers of locomotives may have confidence in their ability to maintain the required air pressure to insure effective operation of the brakes under all conditions of service.

Complaint is made that air-brake cars are frequently found cut out, without anything to indicate the reason of such action. This is generally due to the negligence of trainmen, who cut cars out without applying defect cards to them. Trainmen do not seem to realize in all cases that the maintenance of air brakes in good condition is for their own benefit, and they are often careless in the observance of those conditions that lead to a proper observance of the law. It has been found that in many cases where trains were run without the required 50 per cent of air brakes in operation it was due entirely to the neglect of trainmen, who had positive orders to use 50 per cent of air, but who did not take the trouble to couple the air brakes together, thus placing their employers in the attitude of violators of the law. Quite a number of such cases have come under the notice of the Commission's inspectors. Attention is called to the fact that of the freight cars inspected more than 31 per cent were found in a defective condition, many of these defects being of such nature as to require men to go between the cars to couple or uncouple them, thus placing their lives or limbs in danger and violating the spirit and letter of the safety-appliance law. In contrast to the condition of freight equipment, which these men are constantly handling and endangering their lives or limbs in so doing, it should be noted that of 2,319 passenger cars inspected but 42 were found defective. Thus we have less than two-tenths of one per cent defective passenger cars as against 31 per cent defective freight cars, and it may be further observed that the defects on passenger cars were generally of a minor character and were immediately repaired. Inspectors are always watchful of the condition of passenger cars, and they are not permitted to run unless in perfect condition. The number of trainmen killed in coupling accidents during the past year was 278 and the number injured was 3,441. Many of these deaths and injuries were due to defective equipment, compelling men to go between the cars to couple or uncouple them, and might have been avoided had proper attention been given to the maintenance of safety appliances. When the same attention that is now devoted to passenger equipment is also given to freight equipment the number of deaths and injuries will largely decrease.

There are nearly two million cars and engines in the country, and with our limited force of inspectors it is impossible to make a comprehensive inspection of the entire number. It has been suggested that our inspectors designate cars which they find defective by marking or carding them as such. This might tend to a closer inspection on the

part of the railway company's inspectors in some instances, and would to that extent lead to an improvement in equipment, but owing to the limited force of inspectors at the command of the Commission, as compared with the vast amount of equipment to be inspected, the carding of defective cars could only amount to "scratching the surface," and would have a tendency to shift the burden of responsibility for defective cars not marked by the Commission's inspectors from the railroads to the Government. The burden is now upon the railroads, and they employ car inspectors at various points to see that no cars are received from other roads unless they are in good condition. At these interchange points a car that was carded by the Government as defective would be sure to be rejected; but, on the other hand, a car that was not carded might be received, although it was clearly defective. If the Government is to assume such responsibility in the carding of cars, it should have a considerable increase in its force of inspectors, and a number of these inspectors should be stationed permanently at prominent interchange points. Through the action of our inspectors at St. Louis two prominent roads entering there have issued notice that they will refuse to receive cars from other roads unless the coupling appliances are in good condition. This action has produced most excellent results in the territory mentioned and should be extended to other parts of the country.

Through concurrent action with the Civil Service Commission improved rules have been adopted for the appointment of safety-appliance inspectors. These rules are calculated to establish the technical knowledge of applicants for this position beyond question, and enable the Commission to secure the services of the very best men for these positions. In addition to the examination prescribed by the rules, the Commission makes a personal examination of all candidates selected for examination and no inspector has yet been appointed who did not fully meet the requirements of the most exacting inquiry.

In one case brought to the attention of the Commission an employee of a railroad company was discharged from his position because it was claimed by the road that he had furnished the Commission with evidence upon which to base a prosecution. This statement was entirely unfounded. The Commission in no instance relies upon employees of railroad companies to furnish such evidence. It is not to be expected that railroad employees will endanger their employment by furnishing evidence for the prosecution of suits against their employers, and the impossibility of obtaining evidence from them is in many cases the reason why prosecutions are not instituted where it seems, to employees and others, a clear violation of the law has taken place. The Commission must in all cases rely upon its own inspectors for evidence in all these suits, and this alone is sufficient to argue the necessity for a considerable increase in the force of inspectors. The law is useless if