3%tD '%13
PROCEEDINGS, REPORT, OPINION, AND ORDER
INCREASING PERCENTAGE OF AIR BRAKES
IN TRAINS USED ON RAILROADS EN¬
GAGED IN INTERSTATE COMMERCE
IN THE UNITED STATES
INTERSTATE COMMERCE COMMISSION,
WASHINGTON, D. C.
PROCEEDINGS, REPORT, OPINION, AND ORDER
INCREASING PERCENTAGE OF AIR BRAKES
IN TRAINyÜSED ON RAILROADS EN¬
GAGED IN INTERSTATE COMMERCE
IN THE UNITED STATES
INTERSTATE COMMERCE COMMISSION
WASHINGTON, D. C.
23440—08
At a General Session of the INTERSTATE COMMERCE COMMISSION,
held at its Office in Washington, D. C., on the Hth day of August,
1905, the following action was had, as shown by the minutes:
Whereas by section 2 of the act of Congress approved March 2,
1903, amending the Federal Safety Appliance Act, it is provided
that " to more fully carry into effect the objects of said act, the Inter¬
state Commerce Commission may, from time to time, after full hear¬
ing, increase the minimum percentage of cars in any train required
to be operated with power or train brakes which must have their
brakes used and operated as aforesaid." and a sufficient time ap¬
pears. to have elapsed since the amending act became effective to
permit the carriers to provide for any necessary increase of such
minimum percentage; and
Whereas it has been brought to the attention of the Commission
that dangerous conditions frequently arise from the buckling of
trains under emergency applications of air on trains insufficiently
air braked, and it now seems practicable to increase the aforesaid
minimum percentage without serious inconvenience to the carriers;
and
Whereas the Commission contemplates setting the matter of in¬
creasing the present minimum percentage for hearing with a view of
issuing an order requiring an increase of the minimum percentage of
air-braked cars which shall be used and operated, if such an order
shall appear justified by the statements and testimony presented;
It is ordered^ That all common carriers subject to the Safety Appli¬
ance Act, as amended, be, and they severally are hereby, required to
report to the Commission on or before the 1st day of October, 1905 :
(1) The number of freight cars in use upon the line of railroad;
(2) The number of such cars equipped with air brakes; and
(3) The average percentage of air-braked cars used in trains dur¬
ing the six months prior to September 1, 1905, together with a state¬
ment of any instructions issued by the earner respecting the use of
air on its line.
C!)
At a General Session of the INTERSTATE COMMERCE COMMISSION,
held at its Office in Washington, D. C., on the 19th day of October,
1905, the following action was had, as shown by the minutes.
The matter of requiring an increase in the minimum percentage of
power brakes to be used and operated in trains on railroads engaged
in interstate commerce as provided by section 2 of the act of March
2, 1903, being under consideration; and the Commission by its order
of August 11, 1905, having called upon all carriers subject to the
Safety Appliance Act to report on or before October 1, 1905, the
number and percentage of freight cars equipped with power brakes
and given notice of its intention to set the matter of increasing the
present minimum percentage for hearing, with a view of issuing an
order requiring an increase of such minimum percentage, if such an
order shall appear justified by the statements and testimony pre¬
sented :
It is ordered^ That a hearing of this matter be held by the Com¬
mission at its office in the city of ^Washington, D. C., on Thursday,
November 2, 1905, at 10 o'clock a. m., at Avhich time and place all
persons interested will have opportunity to be heard, whether for or
against inci'easing the minimum percentage of power brakes to be
used and operated in trains, and may appear in person or by counsel
and file any affidavit, statement, or argument bearing upon the ques-,
tion to be determined.
The Interstate Commerce Commission gave notice of said hearing
to all common carriers, owners, and lessees engaged in interstate
commerce in the United States.
In pursuance to and in accordance with said order a full hearing
in the matter was held before the Interstate Commerce Commission
at its office in IVashington, in the District of Columbia, on November
2,1905.
Thereafter, on November 15, 1905, the Interstate Commerce Com¬
mission rendered the following report and opinion :
" The act of Congress of March 2, 1893, commonly known as the
Safety Appliance Law, amended April 1, 1896, was further amended
in important particulars by the act approved March 2, 1903.
" The second section of this amendment relates to the use of power
or train brakes, and requires that whenever any train is operated
with such brakes, as provided in the original act. ' not less than 50
fU
5
per cent of the cars in such train shall have their brakes used and
operated by the engineer of the locomotive drawing such train.' It
also required that ' all power-braked cars in such train which are
associated together with said 60 per cent shall have their brakes so
used and operated.' A further provision empowers the Interstate
Commerce Commission, from time to time, after full hearing, to
increase the minimum percentage of cars in ' any train required to
be operated with power or train brakes which must have their brakes
used and operated as aforesaid.' The evident purpose of the act is to
require that all power-braked cars associated together in trains shall
have tlieir brakes used and operated, with the ultimate intent that all
trains on railroads engaged in interstate commerce shall be operated
with a full complement of power brakes.
" This amendment went into effect September 1, 1903, except
as to a few carriers that were granted extensions of time within
which to comply with certain of its provisions by the Commission's
order of October 15, 1903. The extensions so granted fully expired
on July 1, 1901, since which date the act has been in full force and
effect.
" The Commission's attention having been called to dangerous con¬
ditions arising in train operation from the ' buckling' of freight
trains under emergency applications of the air brakes on trains
operated with the minimum percentage of such brakes required by
law, it seemed proper that steps should be taken to increase that
minimum, if practicable. The need for such action Avas emphasized
by the fact that in many instances it was apparently assumed that the
law was complied with when the minimum percentage of power-
braked cars had their brakes used and operated, Avithout reference to
the further provision that all power-braked cars associated Avith such
minimum percentage should also have their brakes used and operated.
Reports made to the Commission by its inspectors showed many trains
operated AAith the minimum of poAver brakes in use, when by the
simple operation of coupling up the hose on all poAver-braked cars
associated together a much higher percentage could have been
secured. The purpose of the act to require the full use and operation
of brakes on all poAver-braked cars associated together in trains was
thus defeated.
"An order Avas accordingly issued on August 11, 1905, calling upon
all common carriers subject to the Safet^y Appliance Act, as amended,
to report to the Commission on or before October 1, 1905, (1) the
number of freight cars owned, (2) the number of such cars equipped
Avith air brakes, and (3) the average ])ercentage of air-braked cars
used in trains during the six months prior to September 1. 1905. At
the same time the Commission announced its intention of setting the
matter for hearing Avith a vieAV of issuing an order requiring an in-
6
crease in the minimum percentage of power-braked cars which shall
have their brakes used and operated, if such an order should appear
justified by the statements and testimony presented.
" In response to this order returns were received from practically all
common carriers subject to the act. These returns showed a total of
1,790,113 freight cars owned on October 1, 1905, of Avhich 1,564,396
were equipped with air brakes. This information is approximately
correct. On June 30, 1904, there were 1,692,194 freight cars engaged
in freight service, of which 1,434,386 were equipped with air brakes.
From the best obtainable data there are at present 111,122 private
freight cars in the United States, practically all of which are
equipped with air brakes.
" The Commission thereupon issued an order, on October 19, 1905,
setting the matter for hearing on November 2, 1905. Xotice of this
hearing was given to all carriers subject to the act, as well as the chief
executive otficers of the organizations of railroad employees, who were
present or represented at the hearing.
" It was announced at the opening of the hearing that it appeared
to the Commission upon examination of the reports received from the
carriers, taking into account the contemplation of the law, that the
time had come when this matter should be considered. It was further
suggested, in view of the evident purpose of this law, commonly
known as the amended Safety Appliance Law, in view of the state of
equipment as disclosed by these reports, and in view of the fact that
since the order for this hearing was made communications had been
received from a considerable number of carriers, to the eifect that they
not only have no opposition to an increased minimnm. but are in favor
of such action by the Commission, that we might for the purjjose of
saving time and expediting the inquiry regard this proceeding as in
the nature of an order to show cause why an order should not be made,
and so hear first those who wish to make opposition to any order of
the kind; and for the purpose of giving definiteness to the inquiry it
was suggested as a tentative proposal that if any order is made, it
should be one requiring 75 per cent as the minimum after the 1st of
January next.
" Not all of the carriers appeared at this hearing. A large number
apparently considered that no serious inconvenience would result from
any reasonable order the Commission might make in the matter; in¬
deed, the managers of several important railroads, in response to the
notice of hearing, wrote the Commission to this eifect. It appeared
that the railroads represented were running a majority of their trains
with a percentage of air brakes higher than the minimum required by
law at the present time, but, in some instances, owing to the require¬
ments of special classes of traffic, difficulties were experienced in ob¬
taining the minimum, and it was contended that any increase in per-
i
centage at this time would impose a hardship upon the roads which
they would find great difficulty in overcoming. It was stated that
such a requirement would result in congestion and delay to traffic and
cause great annoyance, inconvenience, and absolute loss to shippers.
•• It was stated that the railroads are now called upon to handle
a larger volume of traffic than ever before, and that every car that
can be obtained is constantly needed to conduct the business; in fact,
that it is impossible to obtain a sufficient number of cars, and that all
roads are beliind in their orders. It was insisted that an increase in
percentage could not be maintained without a considerable increase
in the total number of cars equipped, and in tlie present state of fiusi-
ness it was entirely impracticable to withdraw cars from service for
the purpose of equipping them. Furthermore, it appeared that a
great many of these unequipped cars are old and of light construc¬
tion. not considered worth equipping with air brakes, the intention of
the carriers being to take them out of service and break them up as
rapidly as they can be replaced by cars of modern construction. It
was shown that all new cars are fully equipped with air brakes, but
that car builders are unable to furnish new cars as rajjidly as needed,
owing to the jn-ess of orders. It was developed that these old cars are
generally used for special service, such as the coal and coke trade,
this being due in a measure to the construction of many of the coal
breakers at mines not being fitted to receive the large modern cars.
The fact that these cars are relegated to a particular service and kept
together as far as possible increases the difficulty of making up trains
engaged in such service with a higher percentage of air brakes than
now required. It was stated to be the intention of the carriers to
I'etire these cars from service as rapidly as conditions will permit,
as it was admitted that their presence in trains, associated with cars
of modern construction, constitutes a menace to safety. Owing to the
present recpiirements of traffic, however, it is said that the danger is
one that can not well be avoided, but care is taken to minimize it as
far as practicable by placing the light cars together at the rear end
of trains. It did not appear that there would be any difficulty in ob¬
taining brakes for the purpose of equipping these cars, as information
received from two manufacturers of air brakes was to the effect that
they could fnrnisli 70.000 sets of brakes by January 1. 1900. The con¬
tention was that tiie majority of these old cars are not worth equip¬
ping, and they are being used because of business requirements, and
also because it is desired to get as much service as possible out of them
before they are broken tip. It v as stated that the comparatively few
old cars worth equipping are being fitted with air brakes as rapidly
as conditions will permit.
" It was admitted that the use of all air is the ideal condition
towards Avhich all roads are working, as it is recognized that trains
8
wholly equipped are operated with greater safety both to the em¬
ployees and the traveling public, besides being operated with greater
economy. Trains wholly equipped with air give greater control and
enable stops to he made in shorter distances in cases of emergency.
Wholly equipped trains also enable the conductor of the train to
share the responsibility of control with the engineer, as by the air
gauge and brake valve in caboose at rear end of train the conductor
is at all times enabled to observe that required train-line pressure is
maintained, and in case of an emergency arising without the knowl¬
edge of the engineer the train can be stopped with the apparatus at
the rear end. The conductor is also enabled to hold up the engineer
promptly and certainly in cases where the latter for any reason runs
past meeting points or danger signals, or fails to observe orders to
slow down or stop at certain points. It was admitted that an increase
in percentage would reduce the liability of trains " buckling " in
emergency stops, and would increase the safety of employees. The
only objection to such increase was on the score of its impracticability
at the present time owing to conditions above set forth.
" That an increase in the present minimum percentage is in the
line of good practice is shown by the action of a number of carriers
that have already increased the percentage above the minimum now
required by law. It appears also that many carriers refuse to accept
cars in interchange unless they are equipped with air brakes, and have
enforced this rule for some time past. In this connection it may be
noted that the Philadelphia & Beading and Delaware, Lackawanna &
Western railroads, both doing an extensive coal and coke business,
have issued instructions requiring a minimum of 75 per cent and 70
per cent, respectively, in all trains operated on their lines. Other ex¬
tensive coal-carrying roads, such as the Hocking Valley, Toledo &
Ohio Central, Zanesville & AVestern, and Kanawha & Michi¬
gan require a minimum of 75 per cent. The Seaboard Air
Line Bailway also, operating in the same territory as roads repre¬
sented here i^rotesting against an increase and presumably handling
similar classes of traffic under substantially similar conditions, re¬
quires a minimum of 75 per cent in" all its trains. It will thus be
noted that the conditions complained of as operating against an in¬
crease in the minimum percentage required by law are merely local
and transitory, affecting comparatively few roads, and are being over¬
come as rapidly as practicable. It was stated that the Master Car
Builders' Association, representing practically all the railroads in the
LTnited States, have issued a rule requiring that all cars offered in in¬
terchange after September 1, 1907, must be equipped with air brakes,
and it was contended that the operation of this rule would of itself
result in the complete eqiiipment of all cars with air brakes by the
date mentioned.
9
•' In this connection it is contended that when all cars are equipped
with air brakes it will be unnecessary for the Commission to make any
order establishing a definite minimum percentage of cars which must
have their brakes used and operated, for the reason that the law itself
requires that ' all power-braked cars in such train which are associated
together with said 50 per cent shall have their brakes so used and
operated,' and with trains composed of all air-braked cars the associa¬
tion of such cars together must be complete, necessitating their full
use and operation by the terms of the law. An equipped car having
a defective brake forms no bar to the operation of all other equipped
cars in the train which may be associated together, for the reason that
the defective car may be simply cut out, causing no break in the con¬
tinuity of the train line. It is the unequipped car associated with the
equipped cars, thus causing a break in the continuity of the train line,
that causes the difficulty of associating a larger number of air-braked
cars together in trains, except by extra switching, thus adding to the
difficulties of handling traffic expeditiously and aggravating the con¬
gestion in yards. When all cars are equipped these difficulties will
disappear.
" It is the opinion of the Commission that all cars should be equipped
with air brakes, and that all brakes should be used and operated; and
this is unmistakably the intent of the law. This is a condition that
is required in the interests of safety, both to employees and the travel¬
ing public. It will also facilitate the movement of traffic and permit
of its being handled Avith greater economy, as is evidenced by the
testimony in behalf of the railroads. An increase in the present mini¬
mum percentage is a move in the right direction, and the Commission
is convinced that it should be made. The only qnestion is as to the
date when such increase shall take effect.
"" From the eAÛdence before the Commission it appears that an in¬
crease in tiie required percentage of air brakes to be used should be
made, and that this increase should be to 75 per cent, as a means of
hastening tlie operation of trains Avith a full complement of air brakes
and the removal from seiwice of the old and comparatively unsafe
cars Avhich are noAV unequipped. It further appears that the de¬
mands of the public require the use of every available car to move
the unusual traffic that is uoav offered, and to make such an order
immediately effective Avould greatly hamper the operations of the
railroads and result in seA-ere hardship to shippers and the public
generally.
" The Commission is convinced. hoAvever, that no serious incon-
a'enience Avill result to any interest by requiring that the minimum
shall be increased to 75 per cent on and after the 1st day of August,
190G, and an order Avill be made to this effect."
10
On the same day, November 15. 1905. the Interstate Commerce
Commission issued the following order:
" It is ordered^ That on and after August 1, 1906, on all railroads
used in interstate commerce, whenever, as required by the Safety
Appliance Act as amended March 2. 1903. anj' train is operated with
power or train brakes, not less than 75 per cent of the cars in such
train shall have their brakes used and operated by the engineer of
the locomotive drawing such train, and all power-braked cars in every
such train which are associated together with the said 75 per cent
shall have their brakes so used and operated."
The Interstate Commerce Commission thereupon at once gave
notice of said order to all common carriers, owners, and lessees
engaged in interstate commerce in the United States.
The foregoing is a true and accurate statement of the proceedings
had, and a true and accurate copy of all orders made and entered as
set forth herein.
[seal. J
Secretary.
O