Emphasis is placed on the fact that all forms of fuse, squibs, caps, and detonators are classed as explosives under the law.

(h) Special rules in regard to licenses for various kinds of work-(1) Miners and quarrymen. Where explosives are issued or sold to miners and quarrymen by licensed foremen at the mine or quarry, no license is required. Explosives so received must not be taken to any place not necessary in the pursuit of the business of the employer, and any unused portion must be returned to the foreman or placed in a safe locked box, located in a position designated by the foreman. When explosives, fuses, squibs, caps, or detonators are purchased away from the mine or quarry, each person so purchasing must have à purchaser's license, and this license must be shown when purchasing.

Every responsible and loyal miner or quarryman is entitled to a license when such is necessary in the pursuit of his business, even though he may not be a citizen of the United States provided that he be not a citizen or subject of a country which is at war with the United States, or of a country which is allied with an enemy of the United States, and, provided further, that he be otherwise qualified under the law.

(2) Prospectors. A prospector who uses explosives will require a purchaser's license. Under this license explosives must be used exclusively by the purchaser. If a prospector wishes to sell or issue explosives to other persons, he must obtain a vendor's or foreman's license and must keep a record of the sale or issuance as provided in section 9 of the law.

(3) Oil-well operators, drillers, and shooters. A company that manufactures nitroglycerin or other explosives for use in oil wells will require only a manufacturer's license if the explosives remain at all times in the hands of its employees, but if the explosives are to be sold or issued to other persons who use them, the purchasing company or individual will require a purchaser's license, and the person using or issuing explosives on behalf of the purchaser will require a foreman's license.

(4) Contractors. Contractors will be guided by the foregoing rules in this part, especially those referring to quarries, mines, etc. A contractor may purchase explosives from a foreman licensed as an employee of another person provided only that such explosives are used on the premises covered by the foreman's license under which they are purchased.

(5) Demonstrators. A salaried demonstrator of an explosives manufacturer will require a manufacturer's license or a certified copy thereof. Any other demonstrator must procure a foreman's license and observe the instructions relating thereto.

(6) Exporters and importers. An exporter's or importer's license does not authorize export or import of explosives or ingredients in violation of any proclamation of the President of the United States, nor does it relieve the licensee from complying with all Federal laws relating to such matters. Special attention is called to the regulations of the War Trade Board, Washington, D. C.

(7) Munitions plants. Plants engaged in the manufacture or handling of explosives and ingredients require a manufacturer's license

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unless the work of the plant is exclusively under the authority of the Government for the manufacture or preparation of munitions.

(8) States, Territories, cities, towns, etc. States, Territories, cities, towns, etc., are "persons" as defined in the law, and require licenses for the purchase or use of explosives. State and county construction departments, quarries, and other institutions purchasing, handling, issuing, or disposing of explosives require licenses. Cities and towns requiring explosives for municipal work must procure licenses. Instructions previously given for purchasers, vendors, and foremen shall apply in all cases.

(9) Farmers. A farmer requiring explosives will need a purchaser's license, and if he desires to issue explosives to his employees he must obtain also a foreman's license and keep the required record. Under the purchaser's license one cannot sell, give, or barter, or dispose of explosives except by personal use. Unused explosives must be kept in a safe place, securely locked. (See rules regarding "Age requirements," § 301.6). Farmers may obtain additional information from the county agricultural agent, or from a local licensing agent.

(10) Railroads, telephone and telegraph companies, etc. Previous rulings will apply to railroad companies, both as to construction work and as to operation (signals, fusees, torpedoes, etc.), and to telephone and telegraph companies, in their use of explosives. In this connection, note especially rulings as to limitation of licenses by State lines.

(11) Druggists, etc. See "Special rules for vendors," (paragraph (f) of this section).

(12) Loading shotgun shells, etc. Any person using explosives for the loading or unloading of shotgun shells or small-arms ammunition must obtain a license of the proper class.

(13) Fireworks. The manufacture, sale, exportation, importation, and purchase of fireworks of all kinds and in any quantity will be under license, and the foregoing rules in this part will apply, excepting that no license will be required for the purchase at retail of Chinese firecrackers, American firecrackers, toy torpedoes, serpents, sparklers, or toy paper caps when costing not more than 10 cents per package.*†

301.9 Rules for the storage of explosives and ingredients. All ingredients of explosives must be stored in safely locked buildings or they must at all times be otherwise protected against theft.

All explosives to the extent of 25 pounds or less may be stored in strongly constructed wooden boxes which must be kept securely locked at all times, except when being filled or emptied, and which should, whenever possible, be placed in a securely locked building.

All explosives except when in process of manufacture when stored in quantities greater than 25 pounds must be kept in magazines which are properly constructed, safely located, and securely locked, or otherwise protected against theft.

The United States explosives inspector in each State, working in cooperation with his advisory committee, shall have the right to inspect all places where explosives or ingredients are stored, and to require the

*For statutory and source citations, see note to § 301.1.

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making of whatever changes in construction, location, or safeguarding may be necessary for the proper protection of the contents and of surrounding property. Guards may be ordered placed, temporarily or permanently, at any magazine. Appeal may be made from any decision of the United States explosives inspector to the Director, Bureau of Mines, Washington, D. C.

The premises on which explosives or ingredients that are in themselves explosive are stored must be conspicuously defined and marked by signs containing the words "Explosives Keep Off." Such signs must not be placed on the magazine and must be so located that a bullet passing through the sign will not strike the magazine.

All hasps, staples, and hinges on magazines or storage boxes must be attached by rivets or by bolts properly washered and with the nuts on the inside, or by other equally secure methods.**

301.10 Instructions to United States explosives inspectors. (a) The purpose of the explosives law is to prevent lawless or unauthorized use of explosives, either in their finished state or in the form of their component parts, susceptible of combination to produce explosions, fires, etc. The regulations promulgated contemplate such supervision of these materials as will keep them out of the hands of those who might use them illegally and by a series of checks and counterchecks, the following up of such materials continuously from their origin to final consumption, thus insuring legitimate use. The law provides:

"That nothing herein contained shall be construed to prevent the manufacture, under the authority of the Government, of explosives for, their sale to, or their possession by, the military or naval service of the United States of America." (Sec. 2, 40 Stat. 385; 50 U.S.C. 125) With these exceptions licenses are required by all other persons manufacturing, selling, purchasing, possessing, or using explosives or ingredients.

(b) In general, the duties of inspectors appointed under section 13 of the Act (40 Stat. 388; 50 U.S.C. 135) will be to see that rules and regulations in this part for the manufacture, handling, sale, use, and possession of explosives or their ingredients are observed by all concerned, and to carry out such special instructions as may from time to time be issued by the Director of the Bureau of Mines charged by the Act with the enforcement of its provisions.

(c) The specific duties of inspectors, referred to in paragraph (b), will be comprised under the following headings:

(1) They will report immediately to the Director any infringement of regulations encountered, and will recommend revocation of licenses, where circumstances justify such action. In addition to special reports, routine reports will be rendered on prescribed blanks, în accordance with instructions appearing thereon.

(2) They will cooperate with local police authorities, reporting to them and to the Director, Bureau of Mines, Washington, D. C., any suspicious circumstances attending accidents or thefts where explosives are involved, and will hold themselves in readiness to assist in the investigation of such occurrences, if called upon to do so by any one of the following agencies: Department of Justice; United States Navy

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**For statutory and source citations, see note to § 301.1.

Intelligence; United States Army Intelligence; Inspectors, Bureau of Mines; Bureau of Explosives, Railroad Association. These latter agencies are specifically charged with the investigation of untoward

events.

(3) In order to secure the proper enforcement of the law, it is important that they cooperate with Federal, State, and municipal officials, and such appointees of the Bureau of Mines as they may hereafter be advised of, and they are urged to keep in touch with the above agencies, Federal, county, and city officers of their district, such as sheriffs, mayors, chiefs of police, and chiefs of fire departments, so that such officers may lend their assistance.

If there are now in the inspectors' State any State or city officials operating under State laws or local ordinances regulating the manufacture, sale, storage, and use of explosives, they should cooperate with these officials in the enforcement of such laws and ordinances, provided they do not conflict with the law under which the inspectors are appointed. The inspectors will refer all doubtful questions to the Director, Bureau of Mines. The Federal license will not release any person from securing also a State or local license where the same is required by State laws or local ordinances.

(4) They will act as personal representatives of the Director in the respective States to which accredited, keeping him informed at all times of matters coming within their purview, which relate to the manufacture, shipment, storage, sale, and use of explosives and ingredients thereof as per official list.

(d) They will observe that the law (40 Stat. 385; 50 U.S.C. 121) provides that no persons shall manufacture, distribute, store, use, or possess explosives, or ingredients thereof, not including explosives for the military or naval service of the United States of America under the authority of the Government, or ingredients in small quantities not used or intended to be used in the manufacture of explosives, and not including small-arm shotgun cartridges, unless such person shall obtain a license issued in the name of the Director of the Bureau of Mines, except that any workman may purchase or accept explosives, or ingredients thereof, without a license under prescribed conditions from a licensed superintendent or foreman. Licenses will not be issued to enemy aliens, or to subjects of a country allied with an enemy of the United States, or to a corporation, firm, or association where its controlling stockholders or members are enemy aliens or subjects of a country allied with an enemy of the United States.

(e) It is believed that inspectors will receive much help from suggestions from the general public, and it will be worth their while to take reliable citizens into their confidence in ascertaining the character and loyalty of persons manufacturing, distributing, and using explosives; and if the inspectors find that any such persons are acting in a disloyal, suspicious, or other improper manner, they will immediately report the facts to the Director of the Bureau of Mines and to the local authorities.

(f) A licensor has been or will be designated in each county, usually the county clerk, to issue licenses in the name of the Director of the Bureau of Mines. In some counties where large amounts of

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explosives are used other officers having the right to administer oaths have been or will be designated in addition to county clerks. The inspectors are directed to get in touch with these officers and inspect their records, if necessary, and to see that they are properly performing their duties. If they find that any such officer is incompetent or that for any other reason he should be removed, they will promptly so report to the Director of the Bureau of Mines.

(g) In making such investigations as are mentioned in § 301.10 (c) (2) the inspectors may find it necessary to secure affidavits from persons familiar with the facts, and for this specific purpose they are authorized by the Act (sec. 2, 40 Stat. 388; 50 U.S.C. 142) to administer oaths. If technical assistance is necessary, they should so advise this office and await instructions. Experts will be furnished by the Bureau of Mines to assist in investigating explosions in mines and quarries.

(h) Inspectors will be further instructed from time to time by the Director of the Bureau of Mines in particular cases as they may arise in the administration of the Explosives Act.

(i) Headquarters of inspectors will be designated by the Director, Bureau of Mines, after receiving information from them as to where they desire to be located. No provision has been made for an allowance for office rent. In addition to their salary they will be allowed the necessary traveling expenses and $4 per day in lieu of subsistence while away on duty, etc., etc. In this connection they are directed to submit an estimate as to the amount which will probably be necessary up to the end of the fiscal year ending June 30, 1918, for this purpose. They are further directed to report as to whether the services of a clerk will be necessary, and if so, at what salary they will be able to obtain such assistance. In this connection also they will report as to whether women may be employed for this purpose, or at least as to the employment of men not within the draft age for military purposes, as it is the desire of this Bureau that they do not employ men within the draft age.*†

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**For statutory and source citations, see note to § 301.1.