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The number of preventable accidents as indicated by this table and the number of persons killed and persons injured in such preventable accidents represent 33.3, 20.3, and 47.3 percent, respectively, of the total number of accidents investigated, persons killed, and persons injured.

GRADE CROSSINGS-RAILWAY WITH HIGHWAY

During the calendar year 1933 there were 3,236 accidents at highway grade crossings, which resulted in the death of 1,511 persons and the injury of 3,697. Automobiles were involved in 2,853 of these accidents, 1,305 persons being killed and 3,496 injured. There were 29 derailments of trains as a result of collisions between trains and automobiles; grade crossing accidents caused the death of 10 and the injury of 45 persons on trains. Information concerning accidents of this character, together with comparable statistics for the two preceding years, and the number of crossings, railway with highway, is shown in the following tables:

Accidents at highway grade crossings, years ended Dec. 31, 1931, 1932, and 1933

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The year 1933 is the fifth successive year in which there has been a decrease in the number of persons killed and the fourth successive year in which there has been a decrease in the number of persons injured in grade-crossing accidents. No doubt a number of important factors have contributed to this improvement, including a decrease both in the number of trains operated and in highway traffic, elimination or improved protection of many crossings where traffic was heavy or other special hazards existed, and better observance of grade-crossing signals and signs, which have resulted from safety and educational campaigns.

While material improvement in the grade-crossing accident record has been achieved, the number of deaths and injuries resulting annually from these accidents is still large and is capable of further reduction. The allotment of Public Works Administration funds for both elimination and protection of grade crossings has given a decided impetus to projects of this character. Extensive programs for grade crossing elimination and protection are now in progress in several States. Such programs should be extended to the extent that funds are or can be made available.

EXAMINATION OF DEVICES

Plans of 31 devices designed to promote the safety of railway operation were examined by our engineers and reports thereon transmitted to the proprietors.

MEDALS OF HONOR

The Act of February 23, 1905, United States Code, title 45, sections 44-45, authorizes the President to bestow bronze medals of honor upon persons who, by extreme daring, endanger their own lives in saving, or endeavoring to save, lives from any wreck, disaster, or grave accident, upon any railroad within the United States

engaged in interstate commerce. During the past year correspondence relating to applications for medals was carried on but no awards were made.

Since the passage of this act 62 applications have been filed, of which 39 have been approved and 23 denied.

BUREAU OF SERVICE

During the past year it was found necessary to exercise the emergency powers, conferred on us by the car-service provisions of the act, in the following instance:

The Denver & Rio Grande Western Railroad Company was authorized to operate over the New Dotsero cut-off between Dotsero and Orestod, Colo., and under trackage rights over the line of the Denver & Salt Lake Railway Company between Orestod and Utah Junction near Denver, Colo. In order to operate between Utah Junction and its own terminals in Denver it was necessary for the Denver & Rio Grande Western to use connecting tracks belonging to the Chicago, Burlington & Quincy Railroad and the Colorado & Southern Railway. Application had been filed with us by the Denver & Rio Grande Western Railroad for a certificate of convenience and necessity authorizing it to operate over these tracks. It was not possible to issue the needed certificate prior to June 16, the date set for opening the cut-off. Accordingly, Service Order No. 55 was issued June 11, 1934, authorizing the use of the necessary tracks within the Denver terminals pending our further decision.

During the year the bureau conducted hearings, completed reports or otherwise assisted in the disposition of the following formal cases relative to car service or operating practices: Joyce-Watkins Co. v. Chicago, B. & Q. R. R. Co., 197 I. C. C. 582; Propriety of Operating Practices-New York Warehousing, 198 I. C. C. 134; Mileage Allowances on Private Refrigerator Cars, 200 I. C. C. 339; Use of Privately Owned Refrigerator Cars, 201 I. C. C. 325; Union Belt of Detroit Pooling Revenues, 201 I. C. C. 577; Pooling of Passenger Train Revenues and Services, 201 I. C. C. 699; The Fort Benning Case, pending; Great Lakes Steel Corp. v. Detroit, T. & I. R. Co., pending; J. K. Dering Coal Co. v. Cleveland, C., C. & St. L. R. Co., pending; Propriety of Operating Practices—Terminal Services, pending.

Many informal matters and complaints falling within the scope of "car service" as defined in section 1, paragraphs (10) to (17) of the act received attention.

Informal complaints based upon demurrage disputes having origin at the time of the so-called bank holiday in March 1933 continued to be filed during the greater part of the year. Twenty such cases have been satisfactorily settled without the necessity of formal proceed

ings. The holding of cars at ports during the longshoremen's strike resulted in many demurrage disputes which are now in course of settlement, either by our bureau where submitted directly, or through two demurrage bureaus of original jurisdiction. The latter jointly submitted statements of fact to our bureau for informal adjudication that prompt, uniform, and satisfactory disposition be made of complaints which might otherwise find their way to formal procedure. During the longshoremen's strike on the Pacific coast our service agents stationed at San Francisco and Portland were directed to keep us closely advised of operating and transportation conditions and developments, to the end that prompt action might be taken to avert unnecessary delay to traffic.

Federal authorities dealt directly with the carriers in the concentration, routing, and distribution of drought cattle from the Northwest and Southwest. Our service agents in their respective zones devoted their energies to expediting the movement of shipments and the return of empty livestock cars to loading territories.

Changes of considerable importance in the method of transporting perishables from southern ports have been made effective during the year and indications point to a still greater transfer of tonnage from rails to other means of transportation. Ocean-going vessels have been extensively equipped with refrigerating apparatus for the transportation of fruit and vegetables. Lighters operating in ports are equipped with precooling devices. It is estimated that for the 1933-34 season the movement of perishables from Florida points was divided as between trucks, 15 percent; water, 40 percent; and rails, 45 percent. Truck and water lines are actively soliciting new business for the coming season. On the western coast apples and pears were shipped by water from Washington to California and one shipment has been reported of 84,000 boxes of pears from Portland, Oreg., to New York City by intercoastal steamer, under refrigeration.

Complaints concerning train schedules and connections relative to service from San Francisco to points in Oregon and Washington were satisfactorily adjusted. Complaints were made relative to stock train schedules in the Middle West. All these complaints and many other similar car-service matters have been satisfactorily adjusted.

Under the provisions of the Transportation of Explosives Act we have formulated and published new, amended, or revised regulations for the transportation of explosives and other dangerous articles by rail. Wherever deemed necessary in our consideration of those matters, formal hearings have been held at which all interested parties have had opportunity to be heard. Consideration was

given to the first proposed regulations for the transportation of the articles by water, and by highway on trucks or other vehicles. All conferences and hearings on the last-mentioned subjects have been held, a report has been submitted for consideration and it is expected that the requirements with respect thereto will be made effective early in 1935. State authorities are cooperating closely with us in this matter and it is believed that substantially uniform action may be expected by State and Federal regulatory bodies on this important subject. Our jurisdiction under the explosives act applies to shippers and to common carriers of explosives or other dangerous articles, engaged in interstate or foreign commerce by land or water. The percentage of such carriers which come within this description is not large. However, there is coordinate jurisdiction in the states for regulating the remaining transportation. Discussions concerning the distance which freight may move on the highways, made the subject of comments by the Coordinator of Transportation, also bear on the movement of dangerous articles by the same vehicles, and the subject had our attention in that connection.

Another hearing was held in September for consideration of the matter of fusion welding in the fabrication of tanks of tank cars used for the transportation of inflammable, corrosive, and poisonous liquids and compressed gases now required to be transported in tanks that are riveted or lapwelded by the water-gas process, hammered or rolled.

The bureau has participated in the following informal investigations requested by other departments of the Government:

Assisted the Federal Coordinator of Transportation in various matters in accordance with section 2 of the Emergency Railroad Transportation Act, 1933, as follows:

Certain paragraphs of section 77 of the amended Bankruptcy Act, 1933, were incorporated by reference into the Emergency Railroad Transportation Act. These paragraphs prohibited the use of carriers' funds in maintaining so-called company unions, established the rights of employees to join the labor organization of their choice, and forbade carrier interference with these rights. Numerous complaints alleging violations of these provisions were referred to the bureau by the Coordinator for investigation and report, which were promptly made. These investigations covered railroads and parts of railroads in practically every section of the country.

Because of changes in methods of operation, especially preclassification of cars in freight trains and the lengthening of locomotive runs, many yards, shops, and engine terminals necessary to the previous plan of operation have become of no further use and have been abandoned. In many cases these abandoned shops and engine ter

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