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That the words "explosive" and "explosives" when used herein shall mean gunpowders, powders used for blasting, all forms of high explosives, blasting materials, fuses, detonators, and other detonating agents, smokeless powders, and any chemical compound or mechanical mixture that contains any oxidizing and combustible units, or other ingredients, in such proportions, quantities or packing that ignition by fire, by friction, by concussion, by percussion, or by detonation of, or any part of the compound or mixture may cause such a sudden generation of highly heated gases that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects, or of destroying life or limb, but shall not include small arms or shotgun cartridges: Provided, That nothing herein contained shall be construed to prevent the manufacture, under the authority of the Government, of cxplosives for, their sale to or their possession by, the military or naval service of the United States of America.
SEC. 3. That the word "ingredients" when used herein shall mean the materials and substances capable by combination of producing one or more of the explosives mentioned in section one hereof.
SEC. 4. That the word "person," when used herein, shall include States, Territories, the District of Columbia, Alaska, and other dependencies of the United States, and municipal subdivisions thereof, individual citizens, firms, associations, societies and corporations of the United States and of other countries at peace with the United States.
SEC. 5. That from and after forty days after the passage and approval of this Act no person shall have in his possession or purchase, accept, receive, sell, give, barter or otherwise dispose of or procure explosives, or ingredients, except as provided in this Act: Provided, That the purchase or possession of said ingredients when purchased or held in small quantities and not used or intended to be used in the manufacture of explosives are not subject to the provisions of this Act: Provided further, That the superintendent, foreman, or other duly authorized employee, at a mine, quarry, or other work, may, when licensed so to do, sell or issue, to any workman under him, such an amount of explosives, or ingredients, as may be required by that workman in the performance of his duties, and the workman may purchase or accept the explosives, or ingredients, so sold or issued, but the person so selling or issuing same shall see that any unused explosives, or ingredients, are returned, and that no explosives, or ingredients, are taken by the workman to any point not necessary to the carrying on of his duties.
SEC. 6. That nothing contained herein shall apply to explosives or ingredients while being transported upon vessels or railroad cars in conformity with statutory law or Interstate Commerce Commission rules.
SEC. 7. That from and after forty days after the passage of this Act no person shall manufacture explosives unless licensed so to do, as hereinafter provided.
SEC. 8. That any licensee or applicant for license hereunder shall furnish such information regarding himself and his business, so far as such business relates to or is connected with explosives or ingredients at such time and in such manner as the Director of the Bureau of Mines, or his authorized representative, may request, excepting that those who have been or are at the time of the passage of this Act regularly engaged in the manufacture of explosives shall not be compelled to disclose secret processes, costs, or other data unrelated to the distribution of explosives.
SEC. 9. That from and after forty days after the passage and approval of this Act every person authorized to sell, issue, or dispose of explosives shall keep a complete itemized and accurate record, showing each person to whom explosives are sold, given, bartered, or to whom or how otherwise disposed of, and the quantity and kind of explosives, and the date of each such sale, gift, barter, or other disposition, and this record shall be sworn to and furnished to the Director of the Bureau of Mines, or his authorized representatives, whenever requested.
SEC. 10. That the Director of the Bureau of Mines is hereby authorized to issue licenses as follows:
(a) Manufacturer's license, authorizing the manufacture, possession, and sale of explosives and ingredients.
(b) Vendor's license, authorizing the purchase, possession, and sale of explosives or ingredients.
(c) Purchaser's license, authorizing the purchase and possession of explosives and ingredients.
(d) Foreman's license, authorizing the purchase and possession of explosives and ingredients, and the sale and issuance of explosives and ingredients to workmen under the proviso to section five above.
(e) Exporter's license, authorizing the licensee to export explosives, but no such license shall authorize exportation in violation of any proclamation of the President issued under any Act of Congress.
(f) Importer's license, authorizing the licensee to import explosives.
(g) Analyst's, educator's, inventor's, and investigator's licenses, authorizing the purchase, manufacture, possession, testing, and disposal of explosives and ingredients. SEC. 11. That the Director of the Bureau of Mines shall issue licenses, upon application duly made, but only to citizens of the United States of America, and to the subjects or citizens of nations that are at peace with them, and to corporations, firms, and associations thereof, and he may, in his discretion, refuse to issue a license, when he has reason to believe, from facts of which he has knowledge or reliable information, that the applicant is disloyal or hostile to the United States of America, or that, if the applicant is a firm, association, society, or corporation, its controlling stockholders or members are disloyal or hostile to the United States of America. The director may, when he has reason to believe on like grounds that any licensee is so disloyal or hostile, revoke any license issued to him. Any applicant to whom a license is refused or any licensee whose license is revoked by the said director may, at any time within thirty days after notification of the rejection of his application or revocation of his license, apply for such license or the cancellation of such revocation to the Council of National Defense, which shall make its order upon the director either to grant or to withhold the license.
SEC. 12. That any person desiring to manufacture, sell, export, import, store, or purchase explosives, or ingredients, or to keep explosives or ingredients in his possession, shall make application for a license, which application shall state, under oath, the name of the applicant; the place of birth; whether native born or naturalized citizen of the United States of America; if a naturalized citizen, the date and place of naturalization; business in which engaged; the amount and kind of explosives or ingredients which during the past six months have been purchased, disposed of, or used by him; the amount and kind of explosives or ingredients now on hand; whether sales, if any, have been made to jobbers, wholesalers, retailers, or consumers; the kind of license to be issued, and the kind and amount of explosives or ingredients to be authorized by the license; and such further information as the Director of the Bureau of Mines may, by rule, from time to time require.
Applications for vendor's, purchaser's, or foreman's licenses shall be made to such officers of the State, Territory, or dependency having jurisdiction in the district within which the explosives or ingredients are to be sold or used, and having the power to administer oaths as may be designated by the Director of the Bureau of Mines, who shall issue the same in the name of such director. Such officers shall be entitled to receive from the applicant a fee of 25 cents for each license issued. They shall keep an accurate record of all licenses issued in manner and form to be prescribed by the Director of the Bureau of Mines, to whom they shall make reports from time to time as may be by rule issued by the director required. The necessary blanks and blank records shall be furnished to such officers by the said director. Licensing officers shall be subject to removal for cause by the Director of the Bureau of Mines, and all licenses issued by them shall be subject to revocation by the director as provided in section eleven.
SEC. 13. That the President, by and with the advice and consent of the Senate, may appoint in each State and in Alaska an explosives inspector, whose duty it shall be, under the direction of the Director of the Bureau of Mines, to see that this Act
is faithfully executed and observed.
Each such inspector shall receive a salary of $2,400 per annum. He may at any time be detailed for service by said director in the District of Columbia or in any State, Territory, or dependency of the United States. All additional employees required in carrying out the provisions of this Act shall be appointed by the Director of the Bureau of Mines, subject to the approval of the Secretary of the Interior.
SEC. 14. That it shall be unlawful for any person to represent himself as having a license issued under this Act, when he has not such a license, or as having a license different in form or in conditions from the one which he in fact has, or without proper authority make, cause to be made, issue or exhibit anything purporting or pretending to be such license, or intended to mislead any person into believing it is such a license, or to refuse to exhibit his license to any peace officer, Federal or State, or representative of the Bureau of Mines.
SEC. 15. That no inspector or other employee of the Bureau of Mines shall divulge any information obtained in the course of his duties under this Act regarding the business of any licensee, or applicant for license, without authority from the applicant for license or from the Director of the Bureau of Mines.
SEC. 16. That every person authorized under this Act to manufacture or store explosives or ingredients shall clearly mark and define the premises on which his plant or magazine may be and shall conspicuously display thereon the words "ExplosivesKeep Off."
SEC. 17. That no person, without the consent of the owner or his authorized agents, except peace officers, the Director of the Bureau of Mines and persons designated by him in writing, shall be in or upon any plant or premises on which explosives are manufactured or stored, or be in or upon any magazine premises on which explosives are stored; nor shall any person discharge any firearms or throw or place any explosives or inflammable bombs at, on, or against any such plant or magazine premises, or cause the same to be done.
SEC. 18. That the Director of the Bureau of Mines is hereby authorized to make rules and regulations for carrying into effect this Act, subject to the approval of the Secretary of the Interior.
SEC. 19. That any person violating any of the provisions of this Act, or any rules or regulations made thereunder, shall be guilty of a misdemeanor and shall be punished by a fine of not more than $5,000 or by imprisonment not more than one year, or by both such fine and imprisonment.
SEC. 20. That the Director of the Bureau of Mines is hereby authorized to investigate all explosions and fires which may occur in mines, quarries, factories, warehouses, magazines, houses, cars, boats, conveyances, and all places in which explosives or the ingredients thereof are manufactured, transported, stored, or used, and shall, in his discretion, report his findings, in such manner as he may deem fit, to the proper Federal or State authorities, to the end that if such explosion has been brought about by a willful act the person or persons causing such act may be proceeded against and brought to justice; or, if said explosion has been brought about by accidental means, that precautions may be taken to prevent similar accidents from occurring. In the prosecution of such investigations the employees of the Bureau of Mines are hereby granted the authority to enter the premises where such explosion or fire has occurred, to examine plans, books, and papers, to administer oaths to, and to examine all witnesses and persons concerned, without let or hindrance on the part of the owner, lessee, operator, or agent thereof.
SEC. 21. That the Director of the Bureau of Mines, with the approval of the President, is hereby authorized to utilize such agents, agencies, and all officers of the United States and of the several States, Territories, dependencies, and municipalities thereof, and the District of Columbia, in the execution of this Act, and all agents, agencies, and all officers of the United States and of the several States and Territories, dependencies, and municipalities thereof, and the District of Columbia, shall hereby have full authority for all acts done by them in the execution of this Act when acting by the direction of the Bureau of Mines.
SEC. 22. That for the enforcement of the provisions of this Act, including personal services in the District of Columbia and elsewhere, and including supplies, equipment, expenses of traveling and subsistence, and for the purchase and hire of animal-drawn or motor-propelled passenger-carrying vehicles, and upkeep of same, and for every other expense incident to the enforcement of the provisions of this Act, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $300,000, or so much thereof as may be necessary: Provided, That not to exceed $10,000 shall be expended in the purchase of motor-propelled passenger-carrying vehicles.
INSTRUCTIONS TO OWNERS AND OPERATORS OF HYDRAULIC MINES IN CALIFORNIA.
1. The California Debris Commission is composed of three officers of the Corps of Engineers, United States Army, who are appointed by the President of the United States, with the advice and consent of the United States Senate, under the authority of the Act of Congress, approved March 1, 1893. The Commission is charged by this act with the enforcement of its provisions, including such regulation and control of hydraulic mining in the drainage areas of the Sacramento and San Joaquin rivers of the State of California as is necessary to cause the tailings from such mining to be so impounded in the vicinity of the mine as to prevent injury to the navigable rivers and adjacent lands. The owners and operators of such mines are required by this law to comply strictly with such requirements of the Commission as may be deemed necessary to effect this purpose. An extreme penalty of $5,000 fine and one year's imprisonment is provided for violation of the act.
2. Hydraulic mining embraces all mining operations where water is used under pressure through a nozzle against any bank of earth, gravel, or other similar material, thus eroding the bank. It is forbidden by law except under the supervision of the Commission.
3. The law requires that in all cases a license or written permission must be obtained from the Commission before hydraulic mining in the regions mentioned can be legally carried on.
4. Licenses or permission to mine by the hydraulic process are revocable by the Commission, and will not be given unless the requirements of the Commission are complied with as to sufficiency of suitable restraining barriers or dams. Licenses, when granted, will be suspended or revoked for failure to properly maintain such barriers or dams or for failure to make the reports and furnish information asked for by the Commission.
5. Licenses are obtained by making application to the California Debris Commission, San Francisco, Cal., on the special blank form issued by the Commission, copies of which will be sent on request, free of cost.
6. Licenses are not transferable and are valid only for the operations of the individual or company, and for the special mine named in the license.
7. By the terms of the law an application for a license must be advertised by the Commission in the newspapers to allow any protests to be filed with the Commission. This advertising usually takes about three weeks.
8. As soon as practicable after receiving an application, the Commission, or its representative, will visit the sites proposed by the applicants for the restraining works. If these are found satisfactory, and if no suitably substantiated protest is filed, the Commission will issue an order granting authority to construct the dams or barriers, with the requirements as to the work. Any work on a dam before such authorization is wholly at the builder's risk, and may not be accepted by the Commission. Any variation in location, order, or character of work from that specified by the Commission may also cause rejection of the dam.
9. At least three weeks before beginning any of the work under the order of the Commission, the interested party must give the Commission notice to permit such arrangement for such inspection of the work as the Commission may require. The
expense of this inspection, including salary, traveling and other expenses of the inspectors, as well as other cost involved in securing compliance with the order granting authority to construct the restraining works must, under the law, be borne by the mine owners or operators. The amount of the Commission's estimate of the expense of inspection must be deposited with the Commission, in a form acceptable to it, prior to the beginning of the works. If this deposit proves insufficient for the purpose, additional deposits must be made when called for by the Commission. After inspection any unused balance will be returned, with a statement showing expendi tures made from the deposits. After the restraining works are found satisfactory to the Commission it will issue a revocable license to mine. Until the license is issued it is illegal to mine.
10. When the license has been issued, a report must be submitted every month on blank form for this purpose furnished by the Commission upon request. If no mining is carried on for any month, the small form is to be used; otherwise, the large form must be forwarded. All blank spaces should be carefully and accurately filled.
11. In case of any accident to a restraining dam affecting its efficiency, mining must immediately cease and the Commission must be notified promptly.
12. Dams must be kept water tight, and the parties using them must promptly check leakage. Before the debris held back has, within such distance (not less than one hundred feet) from the weir as the Commission may require, risen to a point three (3) feet below the level of the lowest point of the restraining barrier, or weir, mining must stop until more impounding capacity is provided in accordance with methods then affirmatively approved by the Commission.
13. Due notice of change in names of mines must be given to the Commission by the parties at interest.
14. The mine owners are usually expected to have the inspector met at the nearest railway or stage station and taken to the mine and back. As many regions where mines are located are inaccessible in winter time, applications for licenses and inspections should be submitted as early in the season as practicable. Delay in attending to this may occasion the loss of considerable time or an entire season.
15. To avoid delay due to loss of letters it is suggested that requests be repeated within a reasonable time, if not promptly acknowledged or acted upon. All communications should be addressed to the Secretary, California Debris Commission, Room 405, Custom House, San Francisco, Cal.
16. Construction of any restraining barrier not affirmatively authorized by the Commission, is prohibited. Where there exists above any restraining barrier authorized by the Commission, any barrier not now approved by it as permanent, the total capacity of the authorized barrier up to its crest and to such slope as the material may attain must be ample, in addition to that required by Rule 12, to care for the material temporarily restrained when it finally reaches the permanent barrier.
By direction of the California Debris Commission:
L. H. RAND,
Major, Corps of Engineers, U. S. Army.