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1288. Inland water transportation facilities operated according to shipping laws, etc. The operation of the transportation facilities referred to in this section shall be subject to the provisions of the Interstate Commerce Act as amended by this Act or by subsequent legislation, and to the provisions of the "Shipping Act, 1916," as now or hereafter amended, in the same manner and to the same extent as if such transportation facilities were privately owned and operated; and all such vessels while operated and employed solely as merchant vessels shall be subject to all other laws, regulations, and liabilities governing merchant vessels, whether the United States is interested therein as owner, in whole or in part, or holds any mortgage, lien, or interest therein. For the performance of the duties imposed by this section the Secretary of War is authorized to appoint or employ such number of experts, clerks, and other employees as may be necessary for service in the District of Columbia or elsewhere, and as may be provided for by Congress. Sec. 201 (e), act of Feb. 28, 1920 (41 Stat. 458).

For additional expense incurred in the operation of boats, barges, tugs, and other transportation facilities on the inland, canal, and coastwise waterways acquired by the United States in pursuance of the fourth paragraph of section 6 of the Federal Control Act of March 21, 1918, and operated in pursuance of section 201 of the Transportation Act approved February 28, 1920, $1,225,000 : Provided, That not to exceed $30,000 of this appropriation may be used for the payment of experts, clerks, and other employees in the War Department in accordance with the provisions of section 201 (e) of the Transportation Act, 1920, approved February 28, 1920: Act of Mar. 4, 1921 (41 Stat. 1392), making appropriations for sundry civil expenses: Transportation facilities on inland and coastwise waterways.

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1289. Terminal facilities for inland water transportation.--The Secretary of War is hereby authorized, out of any moneys hereafter made available therefor, to construct or contract for the construction of terminal facilities for the interchange of traffic between the transportation facilities operated by him under this section and other carriers whether by rail or water, and to make loans for such purposes under such terms and conditions as he may determine to any State whose constitution prohibits the ownership of such terminal facilities by other than the State or a political subdivision thereof. Sec. 201 (c), act of Feb. 28, 1920 (41 Stat. 458).

* And provided further, That section 201 (c), Transportation Act, 1920, be amended by striking out the words "whose constitution prohibits the ownership of such terminal facilities by other than the State or a political subdivision thereof," and insert in lieu thereof the following: "municipality or transportation company; or to expend such moneys for necessary terminal improvements and facilities upon property leased from States, cities, or transportation companies under terms approved by the Interstate Commerce Commission, or otherwise, in accordance with any order rendered by said commission under subheading (a), paragraph 13, section 6, Interstate Commerce Act." Act of Mar. 4, 1921 (41 Stat. 1392), making appropriations for sundry civil expenses: Transportation facilities on inland and coastwise waterways.

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1290. Investigations, etc., as to inland water transportation.shall be the duty of the Secretary of War, with the object of promoting, encouraging, and developing inland waterway transportation facilities in connection with the commerce of the United States, to investigate the appropriate types of boats suitable for different classes of such waterways; to investigate the subject

of water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, apparatus, equipment, and appliances in connection therewith, and also railroad spurs and switches connecting with such terminals, with a view to devising the types most appropriate for different locations, and for the more expeditious and economical transfer or interchange of passengers or property between carriers by water and carriers by rail; to advise with communities, cities, and towns regarding the appropriate location of such terminals, and to cooperate with them in the preparation of plans for suitable terminal facilities; to investigate the existing status of water transportation upon the different inland waterways of the country, with a view to determining whether such waterways are being utilize▾ to the extent of their capacity, and to what extent they are meeting the demands of traffic, and whether the water carriers utilizing such w terways are interchanging traffic with the railroads; and to investigate any other matter that may tend to promote and encourage inland water transportation. It shall also be the province and duty of the Secretary of War to compile, publish, and distribute, from time to time, such useful statistics, data, and information concerning transportation on inland waterways as he may deem to be of value to the commercial interests of the country.

The words "inland waterway" as used in this section shall be construed to include the Great Lakes. Sec. 500, act of Feb. 28, 1920 (41 Stat. 499).

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1291. Reports of accidents to vessels.-That from and after the first day of July, eighteen hundred and seventy-four, whenever any vessel of the United States has sustained or caused any accident involving the loss of life, the material loss of property, or any serious injury to any person, or has received any material damage affecting her seaworthiness or her efficiency, the managing owner, agent, or master of such vessel shall within five days after the happening of such accident or damage, or as soon thereafter as possible, send, by letter to the collector of customs of the district wherein such vessel belongs or of that within which such accident or damage occurred, a report thereof, signed by such owner, agent, or master, stating the name and official number (if any) of the vessel, the port to which she belongs, the place where she was, the nature and probable occasion of the casualty, the number and names of those lost, and the estimated amount of loss or damage to the vessel or cargo; and shall furnish, upon the request of either of such collectors of customs, such other information concerning the vessel, her cargo, and the casualty as may be called for; and if he neglect or refuse to comply with the foregoing requirements after a reasonable time, he shall incur a penalty of one hundred dollars. Sec. 10, act of June 20, 1874 (18 Stat. 128).

That the Secretary of the Treasury may, upon application therefor, remit or mitigate any penalty provided for in this Act, or discontinue any prosecution to recover the same, upon such terms as he, in his discretion, shall think proper, and shall have authority to ascertain the facts upon all such applications in such manner and under such regulations as he may think proper. All penalties herein provided may be sued for, prosecuted, recovered, and disposed of in the manner prescribed by section forty-three hundred and five of the Revised Statutes. Sec. 13, act of June 20, 1874 (18 Stat. 128), as amended by sec. 11, act of Mar. 3, 1897 (29 Stat. 689).

The above provisions were made applicable to barges in tow in open sea by sec. 15, act of Mar. 4, 1915 (38 Stat. 1184).

Notes of Decisions.

Tampering with report. The unexplained abstraction from the files of the office of the local inspectors of the report of a vessel in collision, and the filing of an amended report four days after, both of which were in the handwriting of a clerk

of the claimant, is irregular and unlawful,
and presumably chargeable upon the
claimant, and would throw discredit upon
its case,
if the merits were otherwise
doubtful. Dinniny v. The Sam Sloan (D.
C. 1894), 65 Fed. 125.

1292. Aid given by Canadian vessels in United States waters.-That Canadian vessels and wrecking appurtenance may render aid and assistance to Canadian or other vessels and property wrecked, disabled, or in distress in the Waters of the United States contiguous to the Dominion of Canada: Provided, That this act shall not take effect until proclamation by the President of the United States that the privilege of aiding American or other vessels and property wrecked, disabled, or in distress in Canadian waters contiguous to the United States has been extended by the Government of the Dominion of Canada to

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