.r - -... -* ~., ACTS OF CONGRESS TREATIES, PROCLAMATIONS, DECISIONS OF THE SUPREME COURT OF THE UNITED STATES, AND OPINIONS OF THE ATTORNEY GENERAL RELATING TO NONCONTIGUOUS TERRITORY, CUBA AND SANTO DOMINGO, AND TO MILITARY AFFAIRS SIXTY-FIRST CONGRESS — March 4, 190)9, to March 3, 1911 SUPREME C OURT CASES — June 1, 1909, to Jlune 1, 19!1 OPINIONS OF ATTORNEY (GENERALJune 17,1908, to Marchl 3, 1911 LIST OF OFFICIALS — December 1, 1! 11 (')OMPILI) IN TIHE BUREAU OF INSULAR AFFAIRS WAR )DE'PARTMEINT WASHINGTON GOVERNMENT PRINTING OFFICE 1912 ACTS OF CONGRESS TREATIES, PROCLAMATIONS, DECISIONS OF THE SUPREME COURT OF THE UNITED STATES, AND OPINIONS OF THE ATTORNEY GENERAL RELATING TO NONCONTIGUOUS TERRITORY, CUBA AND SANTO DOMINGO, AND TO MILITARY AFFAIRS SIXTY-FIRST CONGRESSMarch 4, 1909, to March 3, 1911 SUPREME COURT CASESJune 1, 1909, to June 1, 1911 OPINIONS OF ATTORNEY GENERALJune 17, 1908, to March 3, 1911 LIST OF OFFICIALSDecember 1, 1911 COMPILED IN THE BUREAU OF INSULAR AFFAIRS WAR DEPARTMENT -5 -WASHINGTON GOVERNMENT PRINTING OFFICE 1912.... WAR DEPARTMENT, U.S, BUREAU OF INSULAR AFFAIRS. Document No. 419. LETTER OF TRANSMITTAL. WAR DEP. RTMENT, Washington, February 6, 1912. SIR: I have the honor to transmit herewith a compilation prepared by the Bureau of Insular Affairs, embracing: First. All legislation enacted by the Sixty-first Congress of the United States, March 4, 1909, to March 3, 1911, relating to Alaska, Cuba, Guam, Isthmian Canal Zone, Hawaii, the Midway Islands, the Philippine Islands, Porto Rico, and Tutuila (Samoa). Second. All treaties and conventions entered into by the United States during the same period affecting any of the above territory. Third. All proclamations issued by the President during the same period concerning any of the above territory. Fourth. All claims, the payment of which was provided for during said Congress, which originated during the Spanish-American War or in any of the territory mentioned. Fifth. A list of leading cases, with statements and syllabi, which arose in or relate to the insular and isthmian possessions of the United States and Alaska, heard and decided in the Supreme Court of the United States between June 1, 1909, and June 1, 1911. Sixth. A list of the opinions of the Attorney General of the United States on questions arising in or in which any of the aforementioned territory may be interested between June 17, 1908, and March 3, 1911. Four similar compilations prepared by the Bureau of Insular Affairs covering the period embraced between March 4, 1897, the beginning of the first session of the Fifty-fifth Congress, and March 3, 1909, the end of the Sixtieth Congress, have heretofore been issued, the first as Senate Document No. 105, Fifty-eighth Congress, second session, the second as Senate Document No. 204, Fifty-ninth Congress, second session, the third as Senate Document No. 47, Sixtyfirst Congress, first session, and the fourth as War Department Document No. 353. All of these have been received with approbation, not only by the legal fraternity but by all interested in the administration of this Government in our noncontiguous territory, since they comprise in succinct form all of the data above recited. I believe that the compilation transmitted herewith will be appreciated not only by the institutions and individuals who have received the former publications but by those who have more recently become interested in the subject, and I beg to request that the printing thereof be authorized by concurrent resolution, the proof reading and indexing of the same to be done by the Bureau of Insular Affairs, War Department. Very respectfully, H. L. STIMSON, Secretary of War. The PRESIDENT OF THE SENATE. 41 -— 7 f..... NOTE. Senate Document No. 105, Fifty-eighth Congress, second session, comprises: First. All legislation enacted by the Congress of the United States during the period embraced between March 4, 1897, the beginning of the first session of the Fifty-fifth Congress, and March 3, 1903, the date of the adjournment of the Fiftyseventh Congress, concerning the Philippines, Hawaii, Porto Rico, the Samoan Islands, Guam, and Cuba, the late Spanish-American War, and the Army and Navy of the United States. Second. All proclamations issued by the President, and treaties entered into by the United States during the said period, concerning any of the above-mentioned islands, together with the treaty providing for "Lease to the United States by the Government of Cuba of certain areas of land and water for naval or coaling stations in Guantanamo and Bahia Honda," ratified October 6, 1903, and the proclamation of the President, dated December 17, 1903, of the "Commercial Convention between the United States and Cuba." Senate Document No. 204, Fifty-ninth Congress, second session, contains:. First. All legislation enacted by the Fifty-eighth Congress of the United States, March 4, 1903-March 3, 1905, pertaining to Alaska, Cuba, Guam, Hawaii, the Isthmian Canal Zone, the Midway Islands, the Philippine Islands, Porto Rico, and Tutuila (Samoa). Second. All treaties and conventions entered into by the United States during the same period which affect any of the above territory. Third. All proclamations issued by the President during the same period concerning any of the above territory. Fourth. All claims originating during the Spanish-American War or in any of the territory mentioned, the payment of which was authorized by said Congress. Fifth. All legislation enacted by the Fifty-eighth Congress pertaining to the Spanish Treaty Claims Commission and to such claims as have been finally adjudicated by it. Sixth. Certain legislation enacted by said Congress affecting the organization and discipline of the Army and Navy. Seventh. A list of leading cases, with statements and syllabi, which arose in or relate to the insular and isthmian possessions of the United States, and Cuba, heard and decided in the Supreme Court of the United States between January 1, 1898, and December 3, 1906. Senate Document No. 47, Sixty-first Congress, first session, includes: First. All data similar to that contained in Senate Document No. 204, Fifty-ninth Congress, second session, during the period from March 4, 1905, to March 3, 1907, the term of the Fifty-ninth Congress, and the several treaties, modus vivendi, and proclamation, between January 1, 1898, and July25,1907, showing the relations between the United States and the Dominican Republic. Second. A list of leading cases, with statements and syllabi, which arose in or relate to the noncontiguous territory and isthmian possessions of the United States, Alaska, and Cuba, heard and decided in the Supreme Court of the United States between January 1, 1907,1 and June 1, 1909. Third. Official opinions of the Attorney General of the United States rendered during the period from January 1, 1898, to June 17, 1908, upon questions of interest to the noncontiguous territory of the United States and Cuba. Fourth. A list of the principal officials of the Philippine Islands, Porto Rico, Hawaii, Alaska, Guam, Tutuila (Samoa), and Cuba on December 1, 1908. 1 No cases bearing on the subjects embraced in this compilation were decided between Dec. 3, 1906, and Jan. 1, 1907. V VI NOTE. War Department Document No. 353 contains: First. All legislation enacted by the Sixtieth Congress, March 4, 1907-March 3, 1909, pertaining to the noncontiguous territory of the United States. Second. All treaties and conventions affecting any of the said territory entered into by the United States during the same period, and Third. All proclamations concerning any of such territory issued by the President during said period. The present volume contains: First. All legislation enacted by the Sixty-first Congress, March 4, 1909, to March 3, 1911, pertaining to the noncontiguous territory of the United States. Second. All treaties and conventions affecting any of the said territory entered into by the United States during the same period. Third. All proclamations concerning any of such territory issued by the President during said period. Fourth. A list of leading cases, with statements and syllabi, which arose in or relate. to the noncontiguous territory and isthmian possessions of the United States, Alaska, and Cuba, heard and decided in the Supreme Court of the United States between June 1, 1909, and June 1, 1911. Fifth. Official opinions of the Attorney General of the United States rendered during the period from June 17, 1908, to March 3, 1911, upon questions of interest to the noncontiguous territory of the United States, and Cuba. Sixth. A list of the principal officials of the Philippine Islands, Porto Rico, Hawaii, Alaska, Guam, Tutuila (Samoa), and Cuba on December 1, 1911. CONTENTS. ACTS AND JOINT RESOLITIONS OF CONGRESS. ALASKA. Sixty-first Congress, first session. Page. An act making appropriations for expenses of the Thirteenth Decennial Census, and for other purposes. (June 29, 1909, Public No. 1, chap. 1, 36 Stat. L., pt. 1, p. 1)...................................... An act to provide for the Thirteenth and subsequent decennial censuses. (July 2, 1909, Public No. 2, chap. 2, 36 Stat. L., pt. 1, p. 1)..................... An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11).......................................... An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and nine, and for prior years, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118).............................................. 1 Sixty-first Congress, second session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202)................ 2 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L,, pt. 1, p. 243)............................. An act to authorize the Copper River and Northwestern Railway Company to construct a bridge across the Copper River, in the District of Alaska, and for other purposes. (Mar. 26, 1910, Public No. 105, chap. 126, 36 Stat. L., pt. 1, p. 263)........................................................... 3 An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Apr. 4, 1910, Public No. 114, chap. 140, 36 Stat. L., pt. 1, p. 269)........................................................ 4 An act to protect the seal fisheries of Alaska, and for other purposes. (Apr. 21, 1910, Public No. 146, chap. 183, 36 Stat. L., pt. 1, p. 326).................. 5 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331)................ 8 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1, p. 337)............... 8 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355)................................................ An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 26, 1910, Public No. 190, chap. 256, 36 Stat. L., pt. 1, p. 416).............. 9 vu f VIII CONTENTS. Page. An act extending the time in which to file adverse claims and institute adverse suits against mineral entries in the District of Alaska. (June 7, 1910, Public No. 198, chap. 265, 36 Stat. L., pt. 1, p. 459).............................. 10 An act to extend the time for construction and beginning of construction of its line of railway in Alaska by the Alaska Short Line Railway and Navigation Company. (June 7,1910, Public No. 199, chap. 266, 36 Stat. L., pt. 1, p. 459). 10 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 17, 1910, Public No. 213, chap. 297, 36 Stat. L., pt. 1, p. 468)...................................... 11 An act to authorize additional aids to navigation in the Lighthouse Establishment, and to provide for a Bureau of Lighthouses in the Department of Commerce and Labor, and for other purposes. (June 17, 1910, Public No. 217, chap. 301, 36 Stat. L., pt. 1, p. 534)....................................... 12 An act to provide for agricultural entries on coal lands. (June 22, 1910, Public No. 227, chap. 318, 36 Stat. L., pt. 1. p. 583)............................... 12 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605)............... 12 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (June 25, 1910, Public No. 264, chap. 382, 36 Stat. L., pt. 1, p. 630)............... 12 An act to increase the limit of cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improvement of certain public buildings, to authorize the erection and completion of public buildings, to authorize the purchase of sites for public buildings, and for other purposes. (June 25, 1910, Public No. 265, chap. 383, 36 Stat. L., pt. 1, p. 676).................. 13 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)............................................... 13 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774)........... 18 An act to establish postal savings depositories for depositing savings at interest, with the security of the Government for repayment thereof, and for other purposes. (June 25, 1910, Public No. 268, chap. 386, 36 Stat. L., pt. 1, p. 814)........................................................ 19 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25,1910, Public No. 277, chap. 395,36 Stat. L., pt. 1, p. 825). 19 An act to authorize the President of the United States to make withdrawals of public lands in certain cases. (June 25, 1910, Public No. 303, chap. 421, 36 Stat. L., pt. 1, p. 847)........................................... 19 An act to create, establish, and enforce a miner's labor lien in the Territory of Alaska, and for other purposes. (June 25, 1910, Public No. 304, chap. 422, 36 Stat. L., pt. 1, p. 848).................................................... 19 An act to provide for the care and support of insane persons in the Territory of Alaska. (June 25, 1910, Public No. 306, chap. 424, 36 Stat. L., pt. 1, p. 852).. 24 Sixty-first Congress, third session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (Dec. 23, 1910, Public No. 328, chap. 7, 36 Stat. L., pt. 1, p. 888).............................................................. 25 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Feb. 27, 1911, Public No. 425, chap. 166, 36 Stat. L., pt. 1, p. 933)................. 25 An act for rebuilding and improving the present light and fog-signal at Lincoln Rock, Alaska, or for building another light and fog-signal station upon a different site near by. (Feb. 27, 1911, Public No. 426, chap. 167, 36 Stat. L., pt. 1, p. 957).................................................. 26 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963).......... 26 CONtENTS. IX Page. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027)................ 26 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 453, chap. 209, 36 Stat. L., pt. 1, p. 1037)............................ 27 An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 454, chap. 210, 36 Stat. L., pt. 1, p. 1058)....................................................... 27 An act to prevent the disclosure of national defense secrets. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat. L., pt. 1, p. 1084)...................... 28 An act to codify, revise, and amend the laws relating to the judiciary. (Mar. 3, 1911, Public No. 475, chap. 231 36 Stat. L., pt. 1, p. 1087)................. 28 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 477, chap. 237, 36 Stat. L., pt. 1, p. 1170)................................. 28 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 4, 1911, Public No. 478, chap. 238, 36 Stat. L., pt. 1, p. 1235).................... 29 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265).............. 30 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes. (Mar. 4, 1911, Public No. 480, chap. 240, 36 Stat. L., pt. 1, p. 1289).........-................................................. 30 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 481, chap. 241, 36 Stat. L., pt. 1, p. 1327)........................................................... 31 An act for the protection of game in the Territory of Alaska. (Mar. 4, 1911, Public No. 520, chap. 280, 36 Stat. L., pt. 1,p. 1360)..................... 32 An act to authorize the Controller Railway andNavigation Company to construct two bridges across the Bering River, in the District of Alaska, and for other purposes. (Mar. 4, 1911, Public No. 521, chap. 281, 36 Stat. L., pt. 1, p. 1360)............................................................ 32 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363)........................................... 34 RESOLUTION. Joint resolution making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Congress. (Apr. 23, 1909, Pub. Res. No. 2, 36 Stat. L., pt. 1, p. 182)..................................... 39 ARMY AND NAVY. Sixty-first Congress, first session. Page. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118).................. 41 Sixty-first Congress, second session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910 Public No. 62, chap. 62, 36 Stat. L., pt. ], p. 202)................ 42 An act to modify the one hundred and twenty-second and one hundred and twenty-fourth articles of war, and to repeal the one hundred and twentythird article of war. (Mar. 8, 1910, Public No. 80, chap. 88, 36 Stat. L., pt. 1, p. 234)......................................................... 42 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L., pt. 1, p. 243)...................... 43 An act to reorganize and enlist the members of the United States Naval Academy Band. (Apr. 12, ]910, Public No. 131, chap. 157, 36 Stat. L., pt. 1, p. 297).. 48 An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (Apr. 19, 1910, Public No. 139, chap. 174, 36 Stat. L., pt. 1, p. 312).............. -----—...................... 48 An act to further amend the act entitled "An act to promote the efficiency of the militia, and for other purposes," approved January twenty-first, nineteen hundred and three. (Apr. 21, 1910, Public No. 148, chap. 185, 36 Stat. L., pt. 1, p. 329)........................................................ 49 An act providing for the raising of the United States battleship Maine in Habana Harbor, and to provide for the interment of the bodies therein. (May 9, 1910, Public No. 169, chap. 217, 36 Stat. I., pt. 1, p. 353).......... 50 An act providing for the retirement of certain medical officers of the Army. (June 22, 1910, Public No. 221, chap. 312, 36 Stat. L., pt. 1, p. 580)......... 51 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (June 23, 1910, Public No. 247, chap. 361, 36 Stat. L., pt. 1, p. 596)................................................. 51 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605).............. 52 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)............................................................... 55 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774)....................... 56 An act for the relief of soldiers and sailors who enlisted or served under assumed names, while minors or otherwise, in the Army or Navy, during the War of the Rebellion, the War with Spain, or the Philippine insurrection. (June 25, 1910, Public No. 275, chap. 393, 36 Stat. L., pt. 1, p. 824)................. 57 Sixty-first Congress, third session. An act to amend section one hundred and eighty-three of the Revised Statutes. (Feb. 13, 1911, Public No. 347, chap. 43, 36 Stat. L., pt. 1, p. 898).......... 58 An act granting an annuity to John R. Kissinger. (Feb. 15, 1911, Private No. 200, chap. 83, 36 Stat. L., pt. 2, p. 1919)................................... 58 x CONTENTS. XI Page. An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Feb. 27, 1911, Public No. 425, chap. 166, 36 Stat. L., pt. 1, p. 933)................ 58 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963)........ 60 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 453, chap. 209, 36 Stat. L., pt. 1, p. 1037).............................. 60 An act to prevent the disclosure of national-defense secrets. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat. L., pt. 1, p. 1048)........................ 66 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265).............. 67 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes. (Mar. 4, 1911, Public No. 480, chap. 240, 36 Stat. L., pt. 1, p. 1289). 70 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (Mar. 4, 1911, Public No. 482, chap. 242, 36 Stat. L., pt. 1, p. 1341).............................................. 71 An act to amend an act entitled "An act providing for the retirement of certain medical officers of the Army," approved June twenty-second, nineteen hundred and ten. (Mar. 4, 1911, Public No. 492, chap. 252, 36 Stat. L., pt. 1, p. 1348)..................................... 72 An act to authorize commissions to issue in the cases of officers retired or advanced on the retired list with increased rank. (Mar. 4, 1911, Public No. 506, chap. 266, 36 Stat. L., pt. 1, p..1354).................................... 72 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363).....7.......................................... 72 RESOLUTIONS. Joint resolution authorizing the Secretary of War to receive, for instruction at the Military Academy at West Point, two Chinese subjects, to be designated hereafter by the Government of China. (Feb. 24, 1911, Public Resolution No. 59, 36 Stat. L., pt. 1, p. 1456)........................................ 74 Joint resolution modifying certain laws relating to the military records of certain soldiers and sailors. (Feb. 27, 1911, Public Resolution No. 63, 36 Stat. L., pt. 1, p. 1458)........................................................ 74 Joint resolution authorizing the Secretary of War to receive for instruction at the Military Academy at West Point Mr. Melchor Batista, of Cuba. (Mar. 3, 1911, Public Resolution No. 65, 36 Stat. L., pt. 1, p. 1458.)............. 75 SPANISH TREATY CLAIMS COMMISSION. sixty-first Congress, first session. Page. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118)................. 77 An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202)................ 78 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774).................. 79 XII CLAIMS OTHER THAN SPANISH TREATY OLAIMS. Sixty-first Congress, first session. Page An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118)................... 81 Sixty-first Congress, second session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202)................ 82 An act to provide for the payment of the claims of certain religious orders of the Roman Catholic Church in the Philippine Islands. (Apr. 21, 1910, Private No. 50, chap. 186, 36 Stat. L.,pt. 2, p. 1697)...................... 83 An act for the relief of the Merritt and Chapman Derrick and Wrecking Company. (Apr. 28, 1910, Private No. 53, chap. 195, 36 Stat. L., pt. 2, p. 1698). 83 An act to provide for the payment of the claim of the Roman Catholic Church of Zamboanga, in the Philippine Islands. (May 9, 1910, Private No. 66, chap. 223, 36 Stat. L., pt. 2, p. 1701)...................................... 84 An act for the relief of Major Pierre C. Stevens. (May 17, 1910, Private No. 75, chap. 246, 36 Stat. L., pt. 2, 1734).................................. 84 An act for the relief of Elizabeth G. Martin. (June 17, 1910, Private No. 97, chap. 302, 36 Stat. L., pt. 2, p. 1805)...................................... 84 An act authorizing and directing the Department of State to ascertain and report to Congress damages and losses sustained by certain citizens of the United States on account of the naval operations in and about the town of Apia, in the Samoan Islands, by the United States and Great Britain, in March, April, and May, eighteen hundred and ninety-nine. (June 23, 1910, Public No. 244, chap. 358, 36 Stat. L., pt. 1, p. 592)........................ 85 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774).................. 85 An act to satisfy certain claims against the Government arising under the Navy Department. (June 25, 1910, Private No. 163, chap. 474, 36 Stat. L., pt. 2, p. 1870)................................................................ 86 Sixty-first Congress, third session. An act for the relief of Marcellus Troxell. (Jan. 13, 1911, Private No. 174, chap. 14, 36 Stat. L., pt. 2, p. 1880)....................................... 88 An act for the relief of S. S. Somerville. (Feb. 13, 1911, Private No. 196, chap. 65, 36 Stat. L., pt. 2, p. 1908)....................................... 88 An act for the relief of Captain Evan M. Johnson, United States Army. (Feb. 20, 1911, Private No. 226, chap. 138, 36 Stat. L., pt. 2, p. 1996)............. 88 An act for the relief of Charles A. Caswell. (Mar. 2, 1911, Private No. 248, chap. 205, 36 Stat. L., pt. 2, p. 2021)...................................... 89 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes. (Mar. 4, 1911, Public No. 480, chap. 240, 36 Stat. L., pt. 1 p. 1289) 89 An act for the relief of Jaji Bin Ydris. (Mar. 4, 1911, Private No. 254, chap. 286, 36 Stat. L., pt. 2, p. 2022)................................ 89 An act for the relief of Lincoln C. Andrews. (Mar. 4, 1911, Private No. 259, chap. 291, 36 Stat. L., pt. 2, p. 2024)...................................... 90 xin CUBA. Sixty-first Congress, fir.st session. Pae. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202).................. 91 Sixty-first Congress, second session. An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L., pt. 1, p. 243)............................. 92 An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (Apr. 19, 1910, Public No. 139, chap. 174, 36 Stat. L., pt. 1, p. 312)....................... 92 An act providing for the raising of the United States battleship Maine, in Habana Harbor, and to provide for the interment of the bodies therein. (May 9, 1910, Public No. 169, chap. 217, 36 Stat. L., pt. 1, p. 353)......... 92 An act to authorize additional aids to navigation in the Lighthouse Establishment, and to provide for a Bureau of Lighthouses in the Department of Commerce and Labor, and for other purposes. (June 17, 1910, Public No. 217, chap. 301, 36 Stat. L., pt. 1, p. 534)...................................... 92 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774)..................... 92 Sixty-first Congress, third session. An act granting an annuity to John R. Kissinger. (Feb. 15, 1911, Private No. 200, chap. 83, 36 Stat. L., pt. 2, p. 1919)........................... 93 An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 453, chap. 209, 36 Stat. L., pt. 1, p. 1037)............................ 93 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265)............... 93 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and prior years, and for other purposes. (Mar. 4, 1911, Public No. 480, chap. 240, 36 Stat. L., pt. 1, p. 1289). 93 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., -jt. 1, p. 1363).......................................................... 93 An act for the relief of Lincoln C. Andrews. (Mar. 4, 1911,Private No. 259, chap. 291, 36 Stat. L., pt. 2, p. 2024)................................... 94 RESOLUTIONS. Joint resolution authorizing the Secretary of War to receive for instruction at the Military Academy at West Point Mr. Melchor Batista, of Cuba. (Mar. 3, 1911, Pub. Res. No. 65, 36 Stat. L., pt. 1, p. 1458)....................... 94 XIV HAWAII. Sixty-first Congress, first session. Page. An act making appropriations for expenses of the Thirteenth Decennial Census, and for other purposes. (June 29, 1909, Public No. 1, chap. 1, 36 Stat. L., pt. 1, p. 1).......,....................................................... 95 An act to provide for the thirteenth and subsequent decennial censuses. (July 2, 1909, Public No. 2, chap. 2, 36 Stat. L., pt. 1, p. 1)..................... 95 An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11)......................................... 95 RESOLUTION. Joint resolution making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Congress. (Apr. 23, 1909, Pub. Res. No. 2, 36 Stat. L., pt. 1, p. 182)............................... 95 Sixty-first Congress, second session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202)........ 96 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331).................. 96 An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1, p. 337)........................ 96 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355)......................................................................... 96 p 355)..96 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 26, 1910, Public No. 190, chap. 256, 36 Stat. L., pt. 1, p. 416)................ 96 An act to amend an act entitled, "An act to provide a government for the Territory of Hawaii," approved April thirtieth, nineteen hundred. (May 27, 1910, Public No. 192, chap. 258, 36 Stat. L., pt. 1, p. 443).................. 96 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 17, 1910, Public No. 213, chap. 297, 36 Stat. L., pt. 1, p. 468).................................. 103 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605)..10...... 104 An act making appropriation for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (June 25, 1910, Public No. 264, chap. 382, 36 Stat. L., pt. 1, p. 630)............... 104 An act to limit the cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improvement of certain public buildings, to authorize the erection and completion of public buildings, to authorize the purchase of sites for public buildings, and for other purposes. (June 25, 1910, Public No. 265, chap. 383, 36 Stat. L., pt. 1, p. 676.)................ 106 An act making appropriation for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703.)....,.................. 108 XV XVI CONTENTS. Page. An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774.)......................... 109 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25, 1910, Public No. 277, chap. 395, 36 Stat. L., pt. 1, p. 825). 109 An act to ratify an act of the legislature of the Territory of Hawaii authorizing W. A. Wall, his associates and assigns, to construct and operate a railroad on the island of Hawaii, Territory of Hawaii. (June 25, 1910, Public No. 301, chap. 419, 36 Stat. L., pt. 1, p. 845.)........................................ 110 RESOLUTIONS. Joint resolution providing for a special election in the Territory of Hawaii. (Apr. 26, 1910, Pub. Res. No. 27, 36 Stat. L., pt. 1, p. 878.)................ 112 Sixty-first Congress, third session. An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Feb. 27, 1911, Public No. 425, chap. 166, 36 Stat. L., pt. 1, p. 933.).............. 114 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963.)......... 114 An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027.)................. 114 An act to prevent the disclosure on national defense secrets. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat..L., pt. 1, p. 1084.)....................... 115 An act to codify, revise, and amend the laws relating to the judiciary. (Mar. 3, 1911, Public No. 475, chap. 231, 36 Stat. L., pt. 1, p. 1087)............... 115 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 477, chap. 237, 36 Stat. L., pt. 1, p. 1170.)............................. 115 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 4, 1911, Public No. 478, chap. 238, 36 Stat. L., pt. 1, p. 1235.)...................... 116 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265.).............. 116 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 481, chap. 241, 36 Stat. L., pt. 1, p. 1327.)................................................................. 116 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (Mar. 4, 1911, Public No. 482, chap. 242, 36 Stat. L., pt. 1, p. 1341.).......................................... 116 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363)................................................................. 116 ISTHMIAN CANAL ZONE. Sixty-first Congress, first session. Page. An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11)................................................. 119 An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118).................... 119 Sixty-first Congress, second session. An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (Feb. 25, 1910, Public No. 62, chap. 62, 36 Stat. L., pt. 1, p. 202).................. 120 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating the traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331).......... 120 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1,p. 337)............. 120 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355).................................................................. 121 An act for the relief of earthquake sufferers in Costa Rica. (May 13, 1910, Public No. 174, chap. 232, 36 Stat. L., pt. 1, p. 367).......................... 121 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605)............... 121 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)...................................................... 121 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25, 1909, Public No. 277, chap. 395, 36 Stat. L., pt. 1, p. 825)................................................................... 125 Sixty-first Congress, third session. An act for the relief of Marcellus Troxell. (Jan. 13, 1911, Private No. 174, chap. 14, 36 Stat. L., pt. 2, p. 1880)...................................... 126 An act for the relief of S. S. Somerville. (Feb. 13, 1911, Private No. 196, chap. 65, 36 Stat. L., pt. 2, p. 1908)............................................ 126 An act for the relief of Charles A. Caswell. (Mar. 2, 1911, Private No. 248, chap. 205, 36 Stat. L., pt. 2, p. 2021).......................................... 126 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963).......... 126 An act to restrain the Secretary of the Treasury from receiving bonds issued to provide money for the building,f the Panama Canal as security for the issue of circulating notes to national banks, and for other purposes. (Mar. 2, 1911, Public No. 444, chap. 195, 36 Stat. L., pt. 1, p. 1013)............... 126 28872~-S. Doc. 306, 62-2-2 xvII XVIII CONTENTS. Page. An act making appropriations for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027)................. 126 An act to prevent the disclosure of national defense secrete. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat. L., pt. 1, p. 1084)....................... 127 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265).................. 127 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363)................................................................ 127 RESOLUTIONS. Joint resolution authorizing the President to invite foreign countries to participate in the Panama-Pacific International Exposition in nineteen hundred and fifteen, at San Francisco, California. (Feb. 15, 1911, Pub. Res. No. 56, 36 Stat. L., pt. 1, p. 1454).................................................. 131 PHILIPPINE ISLANDS. Sixty-first Congress, first session. Page. An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11)................................................. 133 An act to raise revenue for the Philippine Islands, and for other purposes. (Aug. 5, 1909, Public No. 7, chap. 8, 36 Stat. L., pt. 1, p. 130).............. 133 RESOLUTION. Joint resolution making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Congress. (Apr. 23, 1909, Pub. Res. No. 2, 36 Stat. L., pt. 1, p. 182)................................. 197 Sixty-first Congress, second session. An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L., pt. 1, p. 243)...........198 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating the traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331).......... 198 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1, p. 337)................... 198 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355)................................................... 198 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605)............... 198 An act providing for the quadrennial election of members of the Philippine Legislature and Resident Commissioners to the United States, and for other purposes. (June 14, 1910, Public No. 211, chap. 291, 36 Stat. L., pt. 1, p. 467). 198 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 17, 1910, Public No. 213, chap. 297, 36 Stat. L., pt. 1, p. 468)........................ 199 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (June 23, 1910, Public No. 247, chap. 361, 36 Stat. L., pt. 1, p. 596)................................................. 199 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)................................................................. 199 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774)............... 200 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25, 1910, Public No. 277, chap. 395, 36 Stat. L., pt. 1, p. 825)....................................................... 200 XIX XX CONTENTS. RESOLUTIONS. Page. Joint resolution fixing the terms of court in the Philippine Islands. (Apr. 9, 1910, Pub. Res. No. 25, 36 Stat. L., pt. 1, p. 877)......................... 200 Sixty-first Congress, third session. An act providing for the quadrennial election of members bf the Philippine Assembly and Resident Commissioners to the United States, and for other purposes. (Feb. 15, 1911, Public No. 376, chap. 81, 36 Stat. L., pt. 1, p. 910). 201 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963).......... 201 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027)................ 202 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3,1911, Public No. 453, chap. 209 36 Stat. L., pt. 1, p. 1037)........................... 202 An act to prevent the disclosure of national defense secrets. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat. L., pt. 1, p. 1084)............... 202 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 477, chap. 237, 36 Stat. L., pt. 1, p. 1170).............................................. 202 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239 36 Stat. L., pt. 1, p. 1265).............. 202 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 481, chap. 241, 36 Stat. L., pt. 1, p. 1327)..................................................... 203 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (Mar. 4, 1911, Public No. 482, chap. 242, 36 Stat. L., pt. 1, p. 1341)........................................... 203 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363).......................................................... 203 An act for the relief of Jaji Bin Ydris. (Mar. 4, 1911, Private No. 254, chap. 286, 36 Stat. L., pt. 2, p. 2022)................................. 203 PORTO RICO. Sixty-first Congress, first session. Page An act making appropriations for the expenses of the Thirteenth Decennial Census, and for other purposes. (June 29, 1909, Public No. 1, chap. 1, 36 Stat. L., pt. 1, p. 1)................................................... 205 An act to provide for the thirteenth and subsequent decennial censuses. (July 2, 1909, Public No. 2, chap. 2, 36 Stat. L., pt. 1, p. 1)...................... 205 An act to amend an act entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April twelfth, nineteen hundred. (July 15, 1909, Public No. 4, chap. 4, 36 Stat. L., pt. 1, p. 11)............................................................... 205 An act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11)................................................... 206 RESOLUTIONS. Joint resolution making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Congress. (Apr. 23, 1909, Pub. Res. No. 2, 36 Stat. L., pt. 1, p. 182)...................................... 206 Sixty-first Congress, second session. An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L., pt. 1, p. 243).................................. 207 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331)................ 207 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1, p. 337).................. 207 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355).................................................... 207 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 26, 1910, Public No. 190, chap. 256, 36 Stat. L., pt. 1, p. 416)...................... 207 An act to authorize the President to convey to the people of Porto Rico certain lands and buildings not needed for purposes of the United States. (June 14, 1910, Public No. 210, chap. 290, 36 Stat. L., pt. 1, p. 467).................. 207 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscalyear ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 17, 1910, Public No. 213, chap. 297, 36 Stat. L., pt. 1, p. 468)....................................... 208 An act to authorize additional aids to navigation in the Lighthouse Establishment, and to provide for a Bureau of Lighthouses in the Department of Commerce and Labor, and for other purposes. (June 17, 1910, Public No. 217, chap. 301, 36 Stat. L., pt. 1, p. 534)....................................... 208 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 24, 1910, Public No. 261, chap. 378, 36 Stat. L., pt. 1, p. 605)................. 208 An act making appropriations for the construction, repair, and preservation of certain pubic works on rivers and harbors, and for other purposes. (June 25, 1910, Public No. 264, chap. 382, 36 Stat. L., pt. 1, p. 630)................. 208 XXII CONTENTS. Page. An act to increase the limit of cost of certain public buildings, to authorize the enlargement, extension, remodeling, or improvement of certain public buildings, to authorize the erection and completion of public buildings, to authorize the purchase of sites for public buildings, and for other purposes. (June 25, 1910, Public No. 265, chap. 383, 36 Stat. L., pt. 1, p. 676)................. 210 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)............................................................. 211 An act to establish postal savings depositories for depositing savings at interest with the security of the Government for repayment thereof, and for'other purposes. (June 25, 1910, Public No. 268, chap. 386, 36 Stat. L., pt. 1, p. 814)... 212 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25, 1910, Public No. 277, chap. 395, 36 Stat. L., pt. 1, p. 825)............................. 212 Sixty-first Congress, third session. An act for the relief of Captain Evan M. Johnson, United States Army. (Feb. 20, 1911, Private 226, chap. 138, 36 Stat. L., pt. 2, p. 1996)............... 213 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (Feb. 27, 1911, Public No. 425, chap. 166, 36 Stat. L., pt. 1, p. 933)............... 213 An act to protect the dignity and honor of the uniform of the United States. (Mar. 1, 1911, Public No. 436, chap. 187, 36 Stat. L., pt. 1, p. 963).214 An act making appropriations for the diplomatic and consular service for the fiscal year ending Juue thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027)................. 214 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 453, chap. 209, 36 Stat. L., pt. 1, p. 1037)............................. 214 An act to prevent the disclosure of national defense secrets. (Mar. 3, 1911, Public No. 470, chap. 226, 36 Stat. L., pt. 1, p. 1084)...................... 214 An act to codify, revise, and amend the laws relating to the judiciary. (Mar. 3, 1911, Public No. 475, chap. 231, 36 Stat. L., pt. 1, p. 1087)................ 214 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 477, chap. 237, 36 Stat. L., pt. 1, p. 1170)..................................... 214 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 4, 1911, Public No. 478, chap. 238, 36 Stat. L., pt. 1, p. 1235)....... 215 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 479, chap. 239, 36 Stat. L., pt. 1, p. 1265)............... 215 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 481, chap. 241, 36 Stat. L., pt. 1, p. 1327)................................................................. 215 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363).......................................................... 215 LEGISLATION APPLICABLE TO NONCONTIGUOUS TERRITORY OF THE UNITED STATES AND CUBA. Sixty-first Congress, first session. Page. An act making appropriations for the thirteenth decennial census, and for other purposes. (June 29, 1909, Public No. 1, chap. 1, 36 Stat. L., pt. 1, p. 1).... 217 An act to provide for the thirteenth and subsequent censuses. (July 2, 1'909, Public No. 2, chap. 2, 36 Stat. L., pt. 1, p. 1)............................. 217 An act to provide revenues, equalize duties, and encourage the industries of the United States, and for other purposes. (Aug. 5, 1909, Public No. 5, chap. 6, 36 Stat. L., pt. 1, p. 11).............................................. 230 An act making appropriations to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes. (Aug. 5, 1909, Public No. 6, chap. 7, 36 Stat. L., pt. 1, p. 118)................... 374 RESOLUTIONS. Joint resolution making appropriations for the payment of certain expenses incident to the first session of the Sixty-first Congress. (Apr. 23, 1909, Pub. Res. No. 2, 36 Stat. L., pt. 1, p. 182).................................... 376 Joint resolution proposing an amendment to the Constitution of the United States. (S. J. Res. No. 40, 36 Stat. L., pt. 1, p. 184)...................... 376 Concurrent resolution-tariff act, hide schedules, etc. (Aug. 5, 1909, S. Con. Res. No. 8, 36 Stat. L., pt. 2, p. 2130)............................... 377 Sixty-first Congress, second session. An act to amend section eight of an act to provide for the thirteenth and subsequent decennial censuses, approved July second, nineteen hundred and nine. (Feb. 25, 1910, Public No. 63, chap. 63, 36 Stat. L., pt. 1, p. 227).... 378 An act concerning tonnage duties on vessels entering otherwise than by sea. (Mar. 8, 1910, Public No. 78, chap. 86, 36 Stat. L., pt. 1, p. 234)............ 379 An act authorizing the Secretary of the Interior to make temporary withdrawals of public lands in certain cases. (Mar. 15, 1910, Public No. 87, chap. 96, 36 Stat. L., pt. 1, p. 237)............................................. 380 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and eleven. (Mar. 23, 1910, Public No. 102, chap. 115, 36 Stat. L., pt. 1, p. 243)................... 380 An act to amend an act entitled, "An act to regulate the immigration of aliens into the United States," approved February twentieth, nineteen hundred and seven. (Mar. 26, 1910, Public No. 107, chap. 128, 36 Stat. L., pt. 1, p. 263).................................................................. 380 An act to amend section eight hundred and ten of the Revised Statutes. (Mar. 28, 1910, Public No. 110, chap. 134, 36 Stat. L., pt. 1, p. 267).............. 383 An act to amend an act entitled, "An act relating to the liability of common carriers by railroads to their employees in certain cases," approved April twenty-second, nineteen hundred and eight. (Apr. 5, 1910, Public No. 117, chap. 143, 36 Stat. L., pt. 1, p. 291)..................................... 383 An act to amend section seven hundred and seventy-three of the Revised Statutes. (Apr. 9, 1910, Public No. 126, chap. 152 36 Stat. L., pt. 1, p. 294).... 384 An act to supplement "An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their cars with automatic couplers and continuous brakes and their locomotives with driving-wheel brakes and for other purposes," and other safety appliance acts, and for other purposes. (Apr. 14, 1910, Public No. 133, chap. 160, 36 Stat. L., pt. 1, p. 298)..................................... 384 An act for preventing the manufacture, sale, or transportation of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides, and for regulating traffic therein, and for other purposes. (Apr. 26, 1910, Public No. 152, chap. 191, 36 Stat. L., pt. 1, p. 331).............. 386 xxm XXIV CONTENTS. Page. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 6, 1910, Public No. 156, chap. 199, 36 Stat. L., pt. 1,p. 337).................. 392 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (May 12, 1910, Public No. 173, chap. 230, 36 Stat. L., pt. 1, p. 355)..................................................... 392 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and eleven. (May 26, 1910, Public No. 190, chap. 256, 36 Stat. L., pt. 1, p. 416)...................... 393 An act to amend laws for preventing collisions of vessels and to regulate equipment of certain motor boats on the navigable waters of the United States. (June 9 1910, Public No. 201, chap. 268 36 Stat. L., pt. 1, p. 462)........ 394 An act to license customhouse brokers. (June 10, 1910, Public No. 205, chap. 283, 36 Stat. L., pt. 1, p. 464)......-...................................... 397 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 17, 1910, Public No. 213, chap. 297, 36 Stat. L pt. 1, p. 468)...................-............ 398 An act to authorize additional aids to navigation in the Lighthouse Establishment, and to provide for a Bureau of Lighthouses in the Department of Commerce and Labor, and for other purposes. (June 17, 1910, Public No. 217, chap. 301, 36 Stat. L., pt. 1, p. 534)....................................... 399 An act to create a Commerce Court, and to amend the act entitled, " An act to regulate commerce," approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, and for other purposes. (June 18, 1910, Public No. 218, chap. 309, 36 Stat. L., pt. 1, p. 539)...................... 400 An act to require apparatus and operators for radiocommunication on certain ocean steamers. (June 24, 1910, Public No. 262, chap. 379, 36 Stat. L., pt. 1, p.629)................................................................. 423 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and eleven, and for other purposes. (June 25, 1910, Public No. 266, chap. 384, 36 Stat. L., pt. 1, p. 703)............................................. 424 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes. (June 25, 1910, Public No. 267, chap. 385, 36 Stat. L., pt. 1, p. 774)...................... 426 An act to establish postal savings depositories for depositing savings at interest with the security of the Government for the repayment thereof, and for other purposes. (June 25, 1910, Public No. 268, chap. 386, 36 Stat. L., pt. 1, p. 814). 426 An act to further regulate interstate and foreign commerce by prohibiting the transportation therein for immoral purposes of women and girls, and for other purposes. (June 25, 1910, Public No. 277, chap. 395, 36 Stat. L., pt. 1, p. 825). 432 An act to amend section thirteen of an act entitled, " An act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," and for other naturalization purposes. (June 25, 1910, Public No. 283, chap. 401, 36 Stat. L., pt. 1, p. 829)....................................................... 436 An act to amend section forty-four hundred and twenty-one of the Revised Statutes of the United States, as amended by act of June eleventh, nineteen hundred and six. (June 25, 1910, Public No. 284, chap. 402, 36 Stat. L., pt. 1, p. 831)................................................................. 438 An act to authorize the President of the United States to make withdrawals of public lands in certain cases. (June 25, 1910, Public No. 303, chap. 421, 36 Stat. L., pt. 1, p. 847)................................... 439 RESOLUTIONS. Joint resolution authorizing an investigation of the Department of the Interior and its several bureaus, officers, and employees, and of the Bureau of Forestry, in the Department of Agriculture, and its officers and employees. (Jan. 19, 1910, Pub. Res. No. 9, 36 Stat. L., pt. 1, p. 871).................. 440 Joint resolution amending section eighteen, of the act of July second, nineteen hundred and nine, entited, "An act to provide for the Thirteenth and subsequent decennial censuses." (Feb. 15, 1910, Pub. Res. No. 15, 36 Stat. L., pt. 1, p. 874)............................................................. 442 CONTENTS. XXV Sixty-first Congress, third session. Page. An act to provide for the lading and unlading of vessels at night, the preliminary entry of vessels, and for other purposes. (Feb. 13, 1911, Public No. 350, chap. 46, 36 Stat. L., pt. 1, p. 899)........................................ 443 An act to promote the safety of employees and travelers upon railroads by compelling common carriers engaged in interstate commerce to equip their locomotives with safe and suitable boilers and appurtenances thereto. (Feb. 17, 1910, Public No. 383, chap. 103, 36 Stat. L., pt. 1, p. 913).................. 445 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 452, chap. 208, 36 Stat. L., pt. 1, p. 1027)................. 450 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 3, 1911, Public No. 453, chap. 209, 36 Stat. L., pt. 1, p. 1037)................................ 450 An act to codify, revise, and amend the laws relating to the judiciary. (Mar. 3, 1911, Public No. 475, chap. 231, 36 Stat. L., pt. 1, p. 1087)................ 45] An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 477, chap. 237, 36 Stat. L., pt. 1, p. 1170)........................... 526 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and twelve. (Mar. 4, 1911, Public No. 478, chap. 238, 36 Stat. L., pt. 1, p. 1235)....................... 527 An act making appropriations to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes. (Mar. 4, 1911, Public No. 480, chap. 240, 36 Stat. L., pt. 1, p. 1289).......................................................... 528 An act making appropriations for the service of the Post Office Department for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 481, chap. 241, 36 Stat. L., pt. 1, p. 1327)....................................................... 528 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and twelve, and for other purposes. (Mar. 4, 1911, Public No. 525, chap. 285, 36 Stat. L., pt. 1, p. 1363)................................................................. 529 TREATIES AND CONVENTIONS. Page. Naturalization convention between United States and Honduras. Signed at Tegucigalpa June 23, 1908; ratification advised by the Senate December 10, 1908; ratified by the President December 26, 1908; ratified by Honduras April 7, 1909; ratifications exchanged at Tegucigalpa April 16, 1909; proclaimed June 8, 1909. (June 23, 1908, 36 Stat. L., pt. 2, p. 2160).. —....... 531 Naturalization convention between United States and Uruguay. Signed at Montevideo August 10, 1908; ratification advised by the Senate December 10, 1908; ratified by the President December 26, 1908;' ratified by Uruguay May 14, 1909; ratifications exchanged at Montevideo May 14, 1909; proclaimed June 19, 1909. (Aug. 10, 1908, 36 Stat. L., pt. 2, p. 2165).................. 533 Patent agreement between United States and Germany. Signed at Washington February 23, 1909; ratification advised by the Senate April 15, 1909; ratified by the President April 20, 1909; ratified by Germany June 15, 1909; ratifications exchanged at Washington July 14, 1909; proclaimed August 1, 1909. (Feb. 23, 1909, 36 Stat. L., pt. 2, p. 2178)................................. 536 Naturalization convention between the United States and Peru. Signed at Lima October 15, 1907; ratification advised by the Senate February 19, 1908; ratified by the President March 9, 1908; ratified by Peru July 23, 1909; ratifications exchanged at Lima July 23, 1909; proclaimed September 2, 1909. (Oct. 15, 1907, 36 Stat. L., pt. 2, p. 2181)....................................... 538 Convention between the United States and Dutch Guiana post offices concerning the exchange of articles by parcel post. (Aug. 9, 1909, 36 Stat. L., pt. 2, p. 2184)................................................................. 540 Convention between the United States and other powers for the pacific settlement of international disputes. Signed at The Hague October 18, 1907; ratification advised by the Senate April 2, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2199)........................................... 547 Convention between the United States and other powers respecting the limitation of the employment of force for the recovery of contract debts. Signed at The Hague October 18, 1907; ratification advised by the Senate April 17, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2241)... 568 Convention between the United States and other powers relative to the opening of hostilities. Signed at The Hague October 18, 1907: ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2259)....................................................... 572 Convention between the United States and other powers respecting the laws and customs of war on land. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States Februarv 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2277).................................. 576 Convention between the United States and other powers respecting the rights and duties of neutral powers and persons in case of war on land. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909, proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2310)... 591 XXVI CONTENTS. XXVlI Page. Convention between the United States and other powers relative to the laying of automatic submarine contact mines. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2332)............................ 598 Convention between the United States and other powers concerning bombardment by naval forces in time of war. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2351)................................. 603 Convention between the United States and other powers for the adaptation to maritime warfare of the principles of the Geneva Convention. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2371).... 608 Convention between the United States and other powers relative to certain restrictions with regard to the exercise of the right of capture in naval war. Signed at The Hague October 18, 1907; ratification advised by the Senate March 12, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p.2396)................................................................. 617 Convention between the United States and other powers concerning the rights and duties of neutral powers in naval war. Signed at The Hague October 18, 1907; adherence advised by the Senate April 17, 1908; adherence declared by the President of the United States February 23, 1909; ratification deposited with the Nethe-lands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2415)..... 622 Declaration between the United States and other powers prohibiting the discharge of projectiles and explosives from balloons. Signed at The Hague October 18, 1907; ratification advised by the Senate March 12, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. (Oct. 18, 1907, 36 Stat. L., pt. 2, p. 2439).............. 630 Convention between the United States and the Dominican Republic for the extradition of criminals. Signed at Santo Domingo June 19, 1909; ratification advised by the Senate, with amendment, July 26, 1909; ratified by the President April 29, 1910; ratified by the Dominican Republic July 11, 1910; ratifications exchanged at Santo Domingo August 2, 1910; proclaimed August 26, 1910. (June 19, 1909, 36 Stat. L., pt. 2, p. 2468)............... 632 PROCLAMATION BY THE PRESIDENT. Page. Reciprocity with Italy. April 24, 1909. (36 Stat. L., pt. 2, p. 2492)........ 639 Minimum tariff on imports from Great Britain. January 18, 1910. (36 Stat. L., pt. 2, p. 2505).................................................... 641 Setting aside the Sitka National Monument, Alaska. March 23, 1910. (36 Stat. L., pt. 2, p. 2601).................................................. 644 Copyright, benefits extended to designated countries. April 9, 1910. (36 Stat. L., pt. 2, p. 2685)................................................... 646 xxv1I DECISIONS OF THE SUPREME COURT. Page. Reavis v. Fianza. Appeal from the Supreme Court of the Philippine Islands. (215 U. S., 16).......................................................... 651 El Paso & Northeastern Railway Company v. Gutierrez, Administratrix. Error to the Supreme Court of the State of Texas. (215 U. S., 87)................ 652 Tiglao v. Insular Government of the Philippine Islands. Error to and appeal from the Supreme Court of the Philippine Islands. (215 U. S., 410).... 653 Lowrey v. Territory of Hawaii. Appeal from the Supreme Court of the Territory of Hawaii. (215 U. S., 554)........:............................... 654 Alvarez y Sanchez v. United States. Appeal from the Court of Claims. (216 U. S., 167)............................................................... 655 Fraenkl v. Cerecedo Hermanos. Appeal from the District Court of the United States for Porto Rico. (216 U. S., 295)................................... 656 Pendleton v. United States. Error to the Supreme Court of the Philippine Islands. (216 U. S., 305).6........7............................. 657 Hawaiian Trust Company, Limited, et al., Executor, v. Von Holt et al., Trustees. Same v. Same. Appeals from the Supreme Court of the Territory of Hawaii. (216 U.S., 367)....................................................... 657 Monserrate Garcia Maytin v. Vela. Beatriz de los Angeles, widow of Alos, v. Monserrate and Dominga Garcia Maytin. Appeals from the Supreme Court of Porto Rico. (216 U. S., 598)........................................... 658 Will v. Tornabells. Appeal from the District Court of the United States for Porto Rico. (217 U. S., 47).............................................. 659 Todd v. Romeu. Appeal from the District Court of the United States for Porto Rico. (217 U. S., 150)............................................ 661 Wynne v. United States. Error to the District Court of the United States for the Territory of Hawaii. (217 U. S., 234)................................. 662 *Weems v. United States. Error to the Supreme Court of the Philippine Islands. (217 U. S., 349)................................................ 663 Souffront, Widow of Fleurian, v. La Compagnie des Sucreries de Porto Rico. Error to the District Court of the United States for Porto Rico. (217 U. S., 475)............................................................ 666 Javierre v. Central Altagracia. Appeal from the District Court of the United States for Porto Rico. (217 U. S., 502)................................... 668 Holmgren v. United States. Certiorari to the Court of Appeals for the Ninth Circuit. (217 U. S., 509)................................................ 668 Freeman v. United States. Error to the Supreme Court of the Philippine Islands. (217 U. S., 539).......................................... 670 Wenar v. Jones, Bishop of Porto Rico. Appeal from the Supreme Court of Porto Rico. (217 U. S., 593)............................................. 670 Ong Chang Wing v. United States. Error to the Supreme Court of the Philippine Islands. (218 U. S., 272) 671 Ling Su Fan v. United States. Error to the Supreme Court of the Philippine Islands. (218 U. S., 302)...................................... 672 Roura v. Government of the Philippine Islands. Error to the Supreme Court of the Philippine Islands (218 U. S., 386).................................... 673 Chantangco v. Abaroa. Error to the Supreme Court of the Philippine Islands (218 U. S., 476)......................................................... 674 The Atlantic Gulf and Pacific Company v. Government of the Philippine Islands. Appeal from and error to the Supreme Court of the Philippine Islands (219 U. S., 17).......................................................... 675 Herencia v. Guzman. Brror to the District Court of the United States for Porto Rico (219 U. S., 44).................................................... 675 William W. Bierce, Limited, v. Waterhouse. Error to the Supreme Court of the Territory of Hawaii (219 U. S., 320)................................... 676 XXIX XXX CONTENTS. Page. Martinez v. International Banking Corporation. Same v. Same. Appeal from the Supreme Court of the Philippine Islands (220 U. S., 214)...........:... 679 Perez y Fernandez v. Fernandez y Perez. Appeal from the District Court of the United States for Porto Rico (220 U. S., 224)..2................. 681 Blanco v. Hubbard, United States Marshal for Porto Rico. Appeal from the District Court of the United States for Porto Rico (220 U. S., 233).......... 684 Enriquez v. Go-Tiongco. Appeal from the Supreme Court of the Philippine Islands (220 U. S., 307).............................. 684 Gavieres v. United States. Error to the Supreme Court of the Philippine Islands (220 U. S., 338).........................6......... 685 Vilas v. City of Manila. Trigas v. Same. Aguado v. Same. Error to and appeals from the Supreme Court of the Philippine Islands (220 U. S., 345)... 686 Dowdell v. United States. Error to the Supreme Court of the Philippine Islands (221 U. S., 325)................................................. 688 Jover y Costas v. Insular Government of the Philippine Islands. Insular Govment of the Philippine Islands v. Jover y Costas. Appeals from and error to the Supreme Court of the Philippine Islands (221 U. S., 623)................ 690 Faber v. United States. Appeal from the Circuit Court of the United States for the Southern District of New York (221 U. S., 649) 4........... 693 Per curiam opinions. Wenar v. Jones, Bishop of Porto Rico. Appeal from the Supreme Court of Porto Rico (217 U. S., 593)............................................. 695 Julio Aybar, appellant, v. The People of Porto Rico. Appeal from the Supreme Court of Porto Rico (218 U. S., 669)..................................... 695 Ada Elmira Hirst Van Syckel et al., appellants, v. Juan Jose Arsuaga et al., Partners as Sobrinos de Ezquiaga et al. Appeal from the District Court of the United States for Porto Rico (220 U. S., 601)......................... 696 OPINIONS OF THE ATTORNEY GENERAL OF THE UNITED STATES. Page. Forest Service-Furnishing of information respecting the work of that bureau. (Vol. XXVII, p. 1)...............-................. 697 Filipinos-Naturalization-Homestead laws. (Vol. XXVII, p. 12)....... 697 Army Officers-Retirement-Incapacity-Court-martial. (Vol. XXVII, p. 14) 697 Panama Railroad Company-Annual payment of $250,000 for its concession. (Vol. XXVII, p. 19)................................................ 698 Deportation of a leper from the District of Columbia. (Vol. XXVII, p. 85)... 699 Irrigation bonds of Porto Rico. (Vol. XXVII, p. 104).............. 699 Customs law-Withdrawal of whisky from bond, transportation to foreign ports, and reimportation. (Vol. XXVII, p. 113)................................ 700 Canal Zone-Process agents-Statutory cdnstruction. (Vol. XXVII, p. 136).. 700 Food and drugs act-Acetphenetidine- "Derivitives". (Vol. XXVII, p. 143). 700 License-Pipe line across the Isthmus of Panama-Union Oil Company of California. (Vol. XXVII, p. 167).......................................... 701 Civil service-Navy yard regulations-Military preferences. (Vol. XXVII, p. 184)..................................................................... 701 Pure-food law-Whisky-Neutral spirits diluted and colored. (Vol. XXVII, p. 202).......................................................... 702 Surety companies-Bond of officer on duty in Canal Zone. (Vol. XXVII, p. 208)................................................................ 702 Customs law-Drawbacks-Steam evaporator and steam pump used in construction of a dredge. (Vol. XXVII, p. 228)............................. 702 Food and drugs act-Appointment of referee board, consulting experts. (Vol. XXVII, p. 300)..................................... 703 Immigration-Contract labor-Superintendent of lumbering company. (Vol. XXVII, p. 383)............................................ 703 Coal lands in Alaska-Consolidation of claims. (Vol. XXVII, p. 412)........ 703 Employees of the Forest Service in Washington-Transfer-Three years' service. (Vol. XXVII, p. 421)........................................ 704 Immigration-Hawaii. (Vol. XXVII, p. 479)............................... 704 Immigration-Citizenship-Deportation-Alien woman married to an American citizen. (Vol. XXVII, p. 507)...................................... 704 Immigration-Marriage of alien woman to citizen of the United States-Evidence. (Vol. XXVII, p. 578).......................................... 705 Tariff act of 1909-Canal Zone. (Vol. XXVII, p. 594)....................... 705 Registration of trade-marks-Residents of Philippine Islands. (Vol. XXVII, p. 623)............................................................. 705 Homicide committed on hospital ship stationed at Olongapo, P. I.-Jurisdiction. (Vol. XXVIII, p. 24)............ 705 Philippine internal-revenue stamps-Funds derived from sale. (Vol. XXVIII, p. 70).............................................. 706 Marking of imported liquors-Enforcement of section 240 of the Criminal Code. (Vol. XXVIII, p. 99)................................................... 706 Disposition of friar lands in the Philippine Islands. (Vol. XXVIII, p. 103).. 706 Fur-seal skins on vessels seized-Importations. (Vol. XXVIII, p. 173)...... 706 Isthmian Canal Commission-Award of contract for furnishing oils. (Vol. XXVIII, p. 218).................................................... 707 Census Office-Citizenship of enumerators and interpreters. (Vol. XXVIII, p. 227)....................................... 707 Isthmian Canal Commission-Award of contract for furnishing oils. (Vol. XXVIII, p. 231).................................. 707 Isthmian Canal Commission-Award of contract for furnishing oils. (Vol. XXVIII, p. 239).7 —..-.................................. 707 Porto Rico-Legality of bond issue. (Vol. XXVIII, p. 245).................. 707 Panama Canal-Purchase of material and equipment fronm unlawful trusts. (Vol. XXVIII, p. 247)........................................... 708 XXXI XXXIl CONTENTS. Page. Philippine Islands-Corporations holding real estate. (Vol. XXVIII, p. 258). 708 Philippine Islands-Transfer of lands reserved for naval purposes to War Department. (Vol. XXVIII, p. 262)....................................... 708 Purchase of deer skins in Alaska during the closed season. (Vol. XXVIII, p. 318).................................................... 708 United States District Court, Porto Rico-Signing bill of exceptions. (Vol. XXVIII, p. 321)................................................... 708 Raising of the battleship Maine and interment of the bodies found therein. (Vol. XXVIII, p. 391)................................................ 709 Philippine Islands-Entry of goods from. (Vol. XXVIII, p. 422)........... 709 Alaskan coal lands-Payment of purchase price by entrymen pending protest. (Vol. XXVIII, p. 448).................................................. 709 American Railroad Company of Porto Rico-Assignment to-Exemption from taxation. (Vol. XXVIII, p. 491)........................................ 709 Removal of floating dry-dock from Algiers, La., to Guantanamo, Cuba. (Vol. XXVIII, p. 511).................................... 710 Panama Railroad-Tariff rates. (Vol. XXVIII, p. 564)...................... 710 PRINCIPAL OFFICIALS OF PHILIPPINE ISLANDS, PORTO RICO, HAWAII, ALASKA, GUAM, TUTUILA, AND CUBA ON DECEMBER 1, 1911. Philippine Islands: Page. Philippine Commission................................................ 711 Executive............................................................ 711 Judiciary............................................................ 711 Porto Rico.................................. 711 H awaii................................................................... 712 Alaska.................................................................... 712 Guam................................................................... 712 Tutuila.................................................................. 712 Cuba.................................................................... 712 28872~-S. Doc. 306, 62-2- 3 xxxIII I ACTS OF CONGRESS, TREATIES, AND PROCLAMATIONS RELATING TO NONCONTIGUOUS TERRITORY, CUBA AND SANTO DOMINGO, AND MILITARY AFFAIRS. ALASKA. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 1.-An Act Making appropriations for expenses of the Thir- June 29, 1900. teenth Decennial Census, and for other purposes. [H. R. 10933.) [Public, No. 1.] (Applicable to Alaska. See p. 217.) 36Stat..,pt. l, p.1. CHAP. 2.-An Act To provide for the Thirteenth and subsequent July 2,199. decennial censuses, H. R. 1033.] [Public, No. 2.] (Applicable to Alaska. See p. 217.) 3stat.L.,pt.l, p. 1. CHAP. 6.-An Act To provide revenue, equalize duties and encour- Aug. 5,1909. age the industries of the United States, and for other purposes [H. R. 1438.) [Public, No.&] (Applicable to Alaska. See p. 230.) 3Stat..,pt., p. 11. CHAP. 7.-An Act Making appropriations to supply urgent defi- Aug. 5, 1909. ciencies in the appropriations for the fiscal year ending June thirtieth, L. R 11570.] nineteen hundred and nine, and for prior years, and for other purposes, [Public, No. 6.] 36 Stat. L., pt. I, Be it enacted by the Senate and House of Representatives P 18. of the United States of America in Congress assembled, That the following sums be, and the same are hereby, urgent denappropriated, out of any money in the Treasury not other- pristiora. wise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and nine, and for prior years, and for other objects hereinafter stated, namely: * * * * * ALASKA-YUKON-PACIFIC EXPOSITION. For additional wiring repairs to wiring, electric cur- Eleti equip rent, lamps and renewals of lamps, fiscal year nineteenmt hundred and ten, twenty-four thousand dollars. * * * * * 1 SIXTY-FIRST CONGRESS, SECOND SESSION. Febry. 25,1910. CHAP. 62.-An Act Making appropriations to supply urgent de[H. R. 18282.] ficiencies in appropriations for the fiscal year nineteen hundred and (Public No. 62.1 ten, and for other purposes: 36 Stat. L., pt. 1, p 2. Be it enacted by the Senate and House of Representatives Urgent def- of the United States of America in Congress assembled, That priations. the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: TREASURY DEPARTMENT. * * * * * ENGRAVING AND PRINTING. Alaka-Yukon The Secretary of the Treasury is authorized to refund tion. from the unexpended balance of appropriation, "Materials Refund to. and miscellaneous expenses, Bureau of Engraving and Printing, nineteen hundred and nine," to the AlaskaYukon-Pacific Exposition the sum of one thousand two hundred and forty-seven dollars and forty-four cents, on account of error of the Bureau of Engraving and Printing in billing materials paid for by the Alaska-Yukon-Pacific Exposition under the provisions of section sixteen of the Act approved May twenty-seventh, nineteen hundred and eight, which said amount was part of the sum covered into the Treasury to the credit of "Materials and miscellaneous expenses, Bureau of Engraving and Printing, nineteen hundred and nine," according to certificate of deposit numbered sixty-three hundred and seventeen, issued by the Assistant Treasurer of the United States, Washington, District of Columbia, May twenty-first, nineteen hundred and nine. * * * * * MILITARY ESTABLISHMENT. UNDER THE CHIEF SIGNAL OFFICER. * * * * * ~(Reimbursement Canadian department of public works by Washington-Alaska military cable system on account of telegraphic transfer business. See p. 42.) * * * * * 2 ALASKA. DEPARTMENT OF THE INTERIOR. * * * * * GEOLOGICAL SURVEY. For continuation of the investigation of the mineral rAlesa mineral resources of Alaska, ninety thousand dollars, to continue eo available during the fiscal year nineteen hundred and eleven. * * * * * DEPARTMENT OF JUSTICE. * * * * * Traveling expenses, district of Alaska: For the actual Alakra and necessary expenses of the judges and clerks in the penses. district of Alaska when traveling in the discharge of their official duties, one thousand dollars. Incidental expenses, district of Alaska: For furniture, fuel, books, stationery, and other incidental expenses, for the offices of the marshals and attorneys, one thousand dollars. * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. * * * * * (Reindeerfor Alaska, 1908. See p. 82.) * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. * * * * * (Contingent expenses, Alaska, 1910. See p. 82.) CHAP. 115.-An Act Making appropriation for the support of the Mar. 23, 1910. army for the fiscal year ending June thirtieth, nineteen hundred [H.R.15384.] and eleven. [Public, No. 102.] 36 Stat. L., pt. (Extension Washington, Alaska military cable and tele- 1, p 243. graph system, and extra pay to enlisted men in Alaska employed thereon; construction and maintenance of military and post roads, etc., in Alaska. See p. 44.) CHAP. 126.-An Act To authorize the Copper River and North- Mar. 26, 1910. western Railway Company to construct a bridge across the Copper IS- 6286.J River, in the district of Alaska, and for other purposes. [Public, No. 105.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 263. of the United States of America in Congress assembled, That AlCaer River the Copper River and Northwestern Railway Company. opIrtRIver a corporation organized and existing under the laws f ern Railway the State of Nevada, is hereby authorized to construct, omIy may operate, and maintain a bridge and its approaches thereto Kotsina River. 4 LAWS ELATING TO INSULA AND MILITARY AFFAIRS. across the Copper River, in the district of Alaska, below the mouth of the Kotsina River, at a point suitable to the interests of navigation, about one and one-half miles north of the mouth of the Chitina River, on said company's line of railroad designated and generally known as the Chitina Branch of the Copper River and Northwestern Railway, in accordance with the prowvsions of the Act entitled" An Act to regulate the constiluction of bridges over navigable waters," approved March twenty-third, nineteen hundred and six; and are further authorized to construct, operate, and maintain a temporary bridge at Temporary or near the same point in accordance with the provisions of said Act to regulate the construction of bridges over navigable waters, said temporary bridge to be removed upon the completion of the bridge first above referred to. Amendment. SEC. 2. That the right to alter, amend, or repeal this Act is hereby expressly reserved. Apr. 4, 1910. CHAP. 140.-An Act Making appropriations for the current and [*. R. 1902-.] contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty (Public, No. 114.] stipulations with various Indian tribes, and for other purposes, for the 36 Stat. L., pt. fiscal year ending June thirtieth, nineteen hundred and eleven. 1, p. 269. Be it enacted by the Senate and House of Representatives Indian Depart- of the United States of America in Congress assembled, That ment appropriathon the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the purpose of paying the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices the salaries for which are provided for herein for the service of the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: Transport- For collection and transportation of pupils to and from g pupils. Indian schools, and for the transportation of Indian pupils from any and all Indian schools and placing them, with the consent of their parents, under the care and control of white families qualified to give such pupils moral industrial, and educational training, seventy thousand Posti o r dollars: Provided, That not to exceed five thousand dolpupils. lars of this amount may be used in the transportation and placing of Indian pupils in positions where remunerative employment may be found for them in industrial pursuits. Alaska pupils. The provisions of this section shall also apply to native pupils brought from Alaska. OREGON. m school. For support and education of six hundred Indian pupils, including native pupils brought from Alaska, at the Indian school, Salem, Oregon, and for pay of superintendent, one hundred two thousand two hundred dollars; * * * * ALASKA. 5 CHAP. 183.-An Act To protect the seal fisheries of Alaska, and for Apr. 21, 1910. other purpoes.. 7242.] [Public, No. 146.] Be it enacted by the Senate and House of Representatives 3 tat. L., pt. of the United States of America in Congress assembled, l'askaseal hThat the Secretary of Commerce and Labor shall have eres,etary power to authorize the killing of fur seals and the taking ommerce and of sealskins on the Pribilof Islands, in Alaska, underregulations for regulations established by him prescribing the mannerkilling etc., in which such killing shall be done and limiting the number of seals to be killed, whenever he shall determine that such killing is necessary or desirable and not inconsistent with the preservation of the seal herd: Provided, Proto. however, That under such authority the right of killing offcials,etc. fur seals and taking sealskins shall be exercised by officers, agents, or employees of the United States appointed by the Secretary of Commerce and Labor, aid by the natives of the Pribilof Islands under the direction and supervision of such officers, agents, or employees, and by no other person: And provided further, That male seals only shall be killed and that not more than ninety-five per centum of three-year-old male seals shall be killed in Lmit any one year. SEC. 2. That any and all sealskins taken under the sales. authority conferred by the preceding section shall be sold by the Secretary of Commerce and Labor in such market, at such times, and. in such manner as he may deem most advantageous; and the proceeds of such sale or sales shall be paid into the Treasury of the United States: Provided, rov o. That the directions of this section, relating to the disposi- ture treaties. tion of seal skins and the proceeds thereof, shall be subject to the provisions of any treaty hereafter made by the United States for the protection of seal life. SEc. 3. That whenever seals are killed and sealskins Employm e n t of PribIlof taken on any of the Pribilof Islands the native inhabi- natives. tants of said islands shall be employed in such killing and in curing the skins taken, and shall receive for their labor fair compensation, to be fixed from time to time by the Compensation. Secretary of Commerce and Labor, who shall have the authority to prescribe by regulation the manner in which such compensation shall be paid to the said natives or expended or otherwise used m their behalf and for their benefit. SEC. 4. That section nineteen hundred and fifty-six of R. S., sc. l56, the Revised Statutes of the United States and section 343 amended one hundred and seventy-three of the Act of March third, eighteen hundred and ninety-nine, be amended to read as follows: "No person shall kill any otter, mink, marten, sable, anid otiesefur or fur seal, or other fur-bearing animal, within the limits bearing animals of Alaska Territory or in the waters thereof; and every den rbid person guilty thereof shall, for each offense, be fined not Punaihmnt. less than two hundred nor more than one thousand dollars or imprisoned not more than six months, or both; and all vessels, their tackle, apparel, furniture, and cargo 6 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. found engaged in violation of this section shall be forrerTmi^on by feited; but the Secretary of Commerce and Labor shall merce andLabor. have power to authorize the killing of any such mink, marten, sable, fur seal, or other fur-bearing animal under Prevention of such regulations as he may prescribe; and it shall be the llegal killing, duty of the Secretary of Commerce and Labor to prevent the killing of any fur seal except as authorized by law and to provide for the execution of the provisions of this section until it is otherwise provided by law.". 4, aende.199, SEC. 5. That section nineteen hundred and fifty-nine of the Revised Statutes of the United States and section one hundred and seventy-six of the Act of March third, eighteen hundred and ninety-nine, be amended to read as follows: Pribilof Islands "The Pribilof Islands, including the islands of Saint made a special o reservation. Paul an- Saint George, Walrus and Otter Islands, and Sea Lion Rock, in Alaska, are declared a special reservation for government purposes; and until otherwise proonndinga, etc. vided by law it shall be unlawful for any person to land or remain on any of those islands, except through stress of weather or like unavoidable cause or by the authority Punishment. of the Secretary of Commerce and Labor; and any person found on any of those islands contrary to the provisions hereof shall be summarily removed and shall be deemed guilty of a misdemeanor, punishable by fine not exceedmg five hundred dollars or by imprisonment not exceeding six months, or by both fine and imprisonment; and it shall be the duty of the Secretary of Commerce and Labor to carry this section into effect." R. s n, d., SEC. 6. That section nineteen hundred and sixty of the p. 344,amdd. Revised Statutes of the United States and section one hundred and seventy-seven of the Act of March third, eighteen hundred and ninety-nine be amended to read as follows: Restriction n "It shall be unlawful to kill any fur seal upon the Pribilof Islands, or in the waters adjacent thereto, except under the authority of the Secretary of Commerce and Labor, and it shall be unlawful to kill such seals by the use of firearms or by other means tending to drive the Exception to seals away from those islands; but the natives of the natives, islands shall have the privilege of killing such young seals as may be necessary for their own food and clothing, and also such old seals as may be required for their own clothing and for the manufacture of boats for their own use; and the killing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of Commerce and Labor." R. S., se. 11, SEC. 7. That section nineteen hundred and sixty-one 3 of the Revised Statutes of the United States and section one hundred and seventy-eight of the Act of March third, eighteen hundred and ninety-nine, be amended to read as follows: festritiyoung n "It shallbe unlawful to kill any female seal or any seal "eas, etc. less than one year old at any season of the year, except as AIASKA. 7 above provided; and it shall also be unlawful to kill any seal in the waters adjacent to the Pribilof Islands, or on the beaches, cliffs, or rocks where they haul up from the sea to remain; and every person who violates the pro- Pnlshmeat. visions of this or the preceding section shall be punished for each offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment not more than six months, or by both such fine and imprisonment; and all vessels, their tackle, apparel, and furniture, whose crews are found engaged in the violation of either this or the preceding section shall be forfeited to the United States." SEC. 8. That section one of the Act of December Fr seals. twenty-ninth, eighteen hundred and ninety-seven, be amended to read as follows: "No citizen of the United States, nor person owing ifi etc. n duty of obedience to the laws or the treaties of the prohibited. United States, nor any person belonging to or on board of a vessel of the United States, shall kill, capture, or hunt, at any time or in any manner whatever, any fur seal in the waters of the Pacific Ocean, including Bering Sea and the sea of Okhotsk, whether in the territorial waters of the United States or in the open sea." SEC. 9. That the Secretary of Commerce and Labor Additional off. cers, etc., author. shall have authority to appoint such additional officers, ized. agents, and employees as may be necessary to carry out the provisions of this Act and the laws of the United States relating to the seal fisheries of Alaska, to prescribe riPh1ch ase o their duties and to fix their compensation; he shall like- lessee etc. wise have authority to purchase from the present lessee of the right to take seals on the islands of Saint Paul and Saint George, at a fair valuation to be agreed upon, the warehouses, salt houses, boats, launches, lighters, horses, mules, wagons, and other property of the said lessee on the islands of Saint Paul and Saint George, including the dwellings of the natives of said islands; he shall likewise deptsetance of have authority to establish and maintain depots for provisions and supplies on the Pribilof Islands and to provide for the transportation of such provisions and supplies from the mainland of the United States to the said islands by the charter of private vessels or by the use of public vessels of the United States which may be placed at his disposal by the President; and he shall likewise have author- naF~oo etc., to ity to furnish food, shelter, fuel, clothing, and other necessaries of life to the native inhabitants of the Pribilof Islands and to provide for their comfort, maintenance, education, and protection. SEC. 10. That sections nineteen hundred and sixty-two, j^, s epaled. nineteen hundred and sixty-three, nineteen hundred and 1972 pp. 34434. sixty-four, nineteen hundred and sixty-five, nineteen hundred and sixty-six, nineteen hundred and sixty-seven nineteen hundred and sixty-eight, nineteen hundred and sixty-nine, nineteen hundred and seventy, nineteen hundred and seventy-one, and nineteen hundred and seventy 8 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. two of the Revised Statutes of the United States, and all Acts and parts of Acts inconsistent with this Act are Effect hereby repealed. The provisions of this Act shall take effect from and after the first day of May, nineteen hunAppropriation. dred and ten; and there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of one hundred and fifty thousand dollars for carrying into effect the provisions of this Act. Apr. 26, 1910 CHAP. 191.-An Act For preventing the manufacture, sale, or (. 6131). transportation of adulterated or misbranded Paris greens, lead arsePublic No. 152. nates, and other insecticides, and also fungicides, and for regulating 36 Stat. L., pt. traffic therein, and for other purposes. 1, p. 331. (Applicable to Alaska. See p. 391.) May6, 1910. CHAP. 199.-An Act Making appropriations for the diplomatic and H R. 19255.3 consular service for the fiscal year ending June thirtieth, nineteen [Public, No. 156.] hundred and eleven. 36 Stat. L. pt. Be it enacted by the Senate and House of Representatives Diplomaticand of the United States of America in Congress assembled, That consular appro - priations. the following sums be, and they are hereby, severally appropriated, in full compensation for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: * * * * * BOUNDARY LINE, ALASKA AND CANADA. Alaska and Can To enable the Secretary of State to mark the boundary ada. and make the surveys incidental thereto, between the Territory of Alaska and the Dominion of Canada, in conformity with the award of the Alaskan Boundary Tribunal and existing treaties, including employment at the seat of government of such surveyors, computers, and draftsmen as are necessary to reduce field notes, one hundred thousand dollars, to be immediately available, together with the unexpended balance of the previous appropriation for this object. (Relief and protection of American seamen in Alaska. See p. 392.) * * * * * May 12,1910. CHAP. 230.-An Act Making appropriations for the service of the [H. R. 21419.] Post-Office Department for the fiscal year ending June thirtieth, nine[Public, No. 173.1 teen hundred and eleven, and for other purposes. 36 Stat. L., pt. 1. p. 355. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be and they are hereby appro ALASKA. 9 priated for the service of the Post-Office Deapartment, in conformity with the Act of- July second, eighteen hundred and thirty-six, as follows: * * * * * OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. antPod Assist. General. For inland transportation by star routes, including taOr n s p o rtemporary service to newly established offices, seven Star routes. million one hundred and seventy thousand dollars: * * * Provided, That out of this appropriation the Postmaster-General is authorized to provide difficult or emergency mail service in Alaska, including the estab- Alasra emer. lishment and equipment of relay stations, in such manner as he may think advisable without advertising therefor. * * * * * (Mail bags; purchase of material and manufacture of equipment. See p. 392.) CHAP. 256.-An Act Making appro riations for the Department May 26, 1910. of Agriculture for the fiscal year ending June thirtieth, nineteen hun- [H- R. 18162.] dred and eleven. [Public, No. 190.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 416. of the United States of America in Congress assembled, Agricultural That the following sums be, and they are hereby, appro- priatioe. ap priated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation * for the fiscal year ending June thirtieth, nineteen hundred and eleven, for the purposes and objects hereinafter expressed, namely: * * * * * FOREST SERVICE. * * * * * GENERAL EXPENSES, FOREST SERVICE: To enable the ner a I ex. Secretary of Agriculture to experiment and to make and pases continue investigations and report on forestry, national forests, forest fires, and lumbering, but no part of this appropriation shall be used for any experiment or test made outside the jurisdiction of the United States; to Restricted to advise the owners of woodlands as to the proper care of the same; to investigate and test American timber and timber trees and their uses, and methods for the preservative treatment of timber; to seek, through investigations and the planting of native and foreign species, suitable trees for the treeless regions; to erect necessary buildings: Provided, That the cost of any building Pro bu.derected shall not exceed five hundred dollars; to pay aings. expenses necessary to protect, administer, and improve eProtection, theetc., o national the national forests; to ascertain the natural conditions forests. 10 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Bales of timber. uon. and utilize the national forests; and the Secretary Exception, Of Agriculture may, in his discretion, permit timber and other forest products cut or removed from the national forests, * * * to be exported from * * * the district of Alaska in which said forests are respectively situated: * * * National for- For salaries and field and station expenses necessary Maintenance, for the use, maintenance, and protection of the national etc. forests: * * * * * C h u g a.c h Chugach National Forest, Alaska, seventeen thousand eight hundred and forty-eight dollars; * * * * * Tongass,Alaska. Tongass National Forest, Alaska, eight thousand three hundred dollars; $ * * * * OFFICE OF EXPERIMENT STATIONS * * * * * (Maintenance of station in Alaska and sale of products therefrom. See p. 393.) * * * * * June 7,1910. CHAP. 265.-An Act Extending the time in which to file adverse [S. 621.] claims and institute adverse suits against mineral entries in the dis(Public, No. 198.] trict of Alaska. 36 Stat. L., pt. 1, p. 459. Be it enacted by the Senate and House of Representatives Public lands. of the United States ofAmerica in Congress assembled, That for filing adverse in the district of Alaska adverse claims authorized and mineral claims, provided for in sections twenty-three hundred and etc., in Alaska..., secs.2325, twenty-five and twenty-three hundred and twenty-six, 2326, pp. 6, 7. Unite States Revised Statutes, may be filed at any time during the sixty days period of publication or within eight months thereafter, and the adverse suits authorized and provided for in section twenty-three hundred and twenty-six, United States Revised Statutes, may be instituted at any time within sixty days after the filing of said claims in the local land office. June 7,1910. CHP. 266.-An Act To extend the time for construction and [8.7056.] beginning of construction of its line of railway in Alaska by the Alaska [Public, No. 199.] Short Line Railway and Navigation Company. 36 Stat. L., pt., p. 49. Be it enacted by the Senate and House of Representatives Alaska.I of the United States of America in Congress assembled, That, for onstruction mi consideration of the construction of the Alaska Short of Alaska hortLine Railroad in Alaska by the Alaska Short Line RailLine Rair In. way and Navigation Company being actually commenced prior to June first, nineteen hundred and eleven, the time for the completion of the survey and construction of said ATASKA. 11 railroad be, and the same is hereby, extended to a period of three years from said first day of June, anno Domini nineteen hundred and eleven: Provided, That said corn- afl maps pany shall file with the Secretary of the Interior maps etc. of definite location of its line of road prior to the beginning of the construction of any twenty-mile section thereof, the same to be approved by the Secretary of the Interior, as is now required by the Act approved May fourteenth, eighteen hundred and ninety-eight, providing for right of way for railroads in the District of Alaska: Provied further, That if actual construction of the road be not cRlght Prior to commenced within one year after June first, nineteen hundred and ten, the right hereby granted shall not be so construed as to interfere with the attachment of other rights prior to the commencement of such construction. CHAP. 297.-An Act Making appropriations for the legislative, June 17 1910. executive, and judicial expenses of the Government for the fiscal year [H R. 2243.] ending June thirtieth, nineteen hundred and eleven, and for other [Public, No. 213.J purpoe 36 8tat. L., pt. purposes., p. 468. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby,,Llb^^ ex-e appropriated, out of any money in the Treasury not ch expenses otherwise appropriated, in full compensation for the PrPria'oS. service of the fiscal year ending June thirtieth, nineteen hundred and eleven, for the objects hereinafter expressed, namely: * * * * * LEGISLATIVE. * * * * * HOUSE OF REPRESENTATIVES. (Pay of Delgate from Alaska, clerk hire, and stationery. See p. 398.) * * * * * GOVERNMENT IN THE TERRITORIES. DISTRICT OF ALASKA: Governor, seven thousand dol- Alska lars; four judges, at seven thousand five hundred dollars each; four attorneys, at five thousand dollars each; four marshals, at four thousand dollars each; four clerks, at three thousand five hundred dollars each; in all, eightyseven thousand dollars. For incidental and contingent expenses, clerk hire, not to exceed two thousand dollars; traveling expenses of the governor while absent from Juneau on official business; rent of office and quarters in Juneau, stationery, lights, and fuel, to be expended under the direction of the governor, five thousand five hundred dollars. ' * * * * 12 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. DEPARTMENT OF THE INTERIOR. * * * * * SURVEYORS-GENERAL AND THEIR CLERKS. Alask For surveyor-general and ex officio secretary of the District of Alaska, four thousand dollars; clerks in his office, seven thousand dollars; in all, eleven thousand dollars. * * * * * June 17, 1910. CHAP. 301.-An Act To authorize additional aide to navigation [H. R. 24877.] in the Light-House Establishment, and to provide for a Bureau of [Public No. 217.] Light-Houses in the Department of Commerce and Labor, and for 36 Stat. L., pt. other purposes. 1. p, 534. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Aids to navi- That the Secretary of Commerce and Labor be, and he is gaton. hereby, authorized to establish and provide the following.additional aids to navigation in the Light-House Establishment, under the Department of Commerce and Labor, in accordance with the respective limits of cost hereinafter respectively set forth, which shall in no case be exceeded: * * * * * THIRTEENTH LIGHT-HOUSE DISTRICT. * * * * * Alaskan waterAs Additional aids to navigation in Alaskan waters, at a in. cost not to exceed sixty thousand dollars. * * * * * June22 1910. CHAP. 318.-An Act To provide for agricultural entries on coal [H. R. 13907.1 lands. [Public, No. 227.1 36 stat. L., pt. (It is stated in this act that Alaska is excluded from its 5. provisions.) June 24, 1910. CHAP. 378.-An Act Making appropriations for the naval service [H. R. 23311.] for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public, No. and for other purposes. 261. 36 Stat.., pt. (Repairs of Marine Barracks at Sitka, Alaska. See p. I. p. 605. 54.) June 25, 1910. CHAP. 382.-An Act Making appropriations for the construction (H. R. 2686.] repair, and preservation of certain public works on rivers and harbors, -Publc, No. and for other purposes. stat.. pt. Be it enacted by the Senate and House of Representatives P of the United States of America in Congress assembled, R vbi and har-That the following sums of money -be, and are hereby, tWOo appropriated, to be paid out of apy money in the Treasury not otherwise appropriated, to be immediately available, ALASKA. 13 and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: Improving Saint Michael Canal, Alaska: Completing Saint ^Mchel mprovement in accordance with the report submitted Canal, Alaska in Senate Document Numbered Four hundred and sixteen, Sixty-first Congress, second session, one hundred and forty-three thousand dollars. CHAP. 383.-An Act To increase the limit of cost of certain public June 25, 1910. buildings, to authorize the enlargement, extension, remodeling, or [H. R. 26987.] improvement of certain public buildings, to authorize the erection and [Public, No. completion of public buildings, to authorize the purchase of sites for 265 pt. public buildings, and for other purposes, 1, p. 676. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to enable the Secretary of the Treasury of the United i n g s, onibus States to give effect to and execute the provisions of act. existing legislation authorizing the acquisition of land increased a n d for sites or the enlargement thereof, and the erection, contrats authorenlargement, extension, remodeling, or repair of public buildings in the several cities hereinafter enumerated, the limit of cost heretofore fixed by Congress therefor be, and the same is hereby, increased, respectively, as follows, and the Secretary of the Treasury is hereby authorized to enter into contracts for the completion of each of said buildings within its respective limit of cost, including site: * * * * * SEC. 4. That the Secretary of the Treasury be, and he Acquiring sites and erecting is hereby, authorized and directed to acquire, by purchase, buildings author. condemnation, or otherwise, a site and to contract for the ized. erection and completion thereon of a suitable building, including fireproof vaults, heating and ventilating apparatus, and approaches, complete, for the use and accommodation of the United States post-office and other governmental offices in each of the cities enumerated in this section, within its respective limit of cost, including site, hereby fixed: United States post-office and custom-house atJuneau, A^ask e a u Alaska, two hundred thousand dollars. United States territorial executive mansion, furnish- TirrIto rla ings, library, and museum at Juneau, Alaska, forty thousand dollars. CHAP. 384.-An Act Making appropriations for sundry civil ex- June 25, 1910. penses of the Government for the fiscal year ending June thirtieth, [H. R. 25552.] nineteen hundred and eleven, and for other purposes. [Public, No. 266. Be it enacted by the Senate and House of Representatives 36 Stat. L. ptof the United States of America in Congress assembled, lundry civil That the following sums be, and the same are hereby ept. apprO 14 IAWS RELATING TO 1NSULAR AND MILITARY AFFAIS. appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: UNDER THE TREASURY DEPARTMENT. PUBLIC BUILDINGS. Repairs a n d For repairs and preservation of public buildings: presvation. Repairs and preservation of custom-houses, court-houses, an post-offices, quarantine stations and marine hospitals, buildings and wharf at Sitka, Alaska, buildings not reserved by the vendors on sites acquired for buildings or the enlargement of buildings, and other public buildings and the grounds thereof, including necessary wire screens, under the control of the Treasury Department, exclusive of personal services, except for work done by contract, six hundred thousand dollars: * * *. * * REVENUE-CUTTER SERVICE. Revenue-Cut- For expenses of the Revenue-Cutter Service: * * for maintenance of vessels in the protection of the seal eal sheries, fisheries in Bering Sea and the other waters of Alaska, and the enforcement of the provisions of law in Alaska; * * * UNDER THE WAR DEPARTMENT. UNDER QUARTERMASTER'S DEPARTMENT. * * * * * Transporting home the remains of officers, soldiers, and civilian employees of the army who die abroad. See p. 55). UNDER THE DEPARTMENT OF THE INTERIOR. PUBLIC LAND SERVICE. * * * * * dTimber depre Depredations on public timber, protecting public dations, protwtting, and swam lands, and settlement of claims for swamp lan and land claims. A Proaso. swamp-land indemnity: Provided, That agents Per diem. and others employed under this appropriation shall be allowed per diem, subject to such rules and regulations as he may prescribe in lieu of subsistence, at a rate not exceeding three dollars per day each and actual necessary expenses for transportation, including necessary sleeping-car fares, except when agents are employed in Exeptio. the district of Alaska they may be allowed not exceeding six dollars per day each, in lieu of subsistence. * * * * * ALASKA. 15 SURVEYING THE PUBLIC LANDS. For surveys and resurveys of public lands, under the supervision of the Commissioner of the General Land Office and direction of the Secretary of the Interior, four hundred and fifty thousand dollars: Provided, * * * The surveys and resurveys to be made by such competent Determination surveyors as the Secretary of the Interior may select, at by Secretary. such compensation not exceeding two hundred dollars per month as he may prescribe, except in the District of Alaska, where a compensation not exceeding ten dollars per day may be allowed such surveyors and such per diem allowance, in lieu of subsistence, not exceeding three dollars, as he may prescribe, said per diem allowance to be also made to such clerks who are competent surveyors who rks, etc., Inmay be detailed to make surveys, resurveys, or examina- coal, and timber tions of surveys heretofore made and reported to be defec- lands, etc. tive or fraudulent, and inspecting mineral deposits, coal fields, and timber districts, and for making, by such competent surveyors, fragmentary surveys and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States, the sum hereby appropriated to be immediately available: Provided Monumenits r further, That the sum of not exceeding ten percentum of ction e the amount hereby appropriated may be expended by the Commissioner of the General Land Office, with the approval of the Secretary of the Interior, for the purchase of metal or other equally durable monuments to be used for public-land survey corners wherever practicable. * * * * * For the survey of the lands of the United States in the District of Alaska, one hundred thousand dollars. The Alaska, foregoing surveys in Montana, Idaho, Utah, and Alaska shall be made in accordance with the provisions herein for surveys and resurveys of public lands. * * * * * BUREAU OF MINES. * * * * * For salaries of two mine inspectors, authorized by the tMn e lnspecAct approved March third, eighteen hundred and ninetyone, for the protection of the lives of miners in the Territories, at two thousand dollars per annum each, four thousand dollars; and said inspectors are hereby authorized to inspect coal and other mines in the District of Alaska, to which District the provisions of said act are hereby extended and made applicable; For per diem, subject to such rules and regulations as, Perdiem,etc. the Secretary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding three dollars per day each while absent from their homes on duty, except. in Alaska, when such allowance shall be at the rate of five 28872~-S. Doc. 306, 62-2 ---4 16 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dollars per day, and for actual necessary traveling expenses of said inspectors, including necessary sleepingcar fares, four thousand five hundred dollars; $ 41 4 $$ MISCELLANEOUS OBJECTS, DEPARTMENT OF THE INTERIOR. * * * * * Al nska. Care and custody of the insane of Alaska: For the care and custody of persons legally adjudged insane in the district of Alaska, including transportation and other expenses, fifty thousand dollars. tiatlon of Education in Alaska: To enable the Secretary of the Interior, in his discretion and under his direction, to provide for the education and support of the Eskimos, Aleuts, Indians, and other natives of Alaska; for erection, repair, and rental of school buildings; for text-books and industrial apparatus; for pay and necessary traveling expenses of general agent, assistant agent, superintendents, teachers, physicians, and other employees, and all other necessary miscellaneous expenses which are not included under the above special heads, two hundred thousand dollars, so much of which sum as may be necessary for the purPfr". chase of supplies shall be immediately available: Provided, That no person employed hereunder as special agent or inspector, or to perform any special or unusual duty in connection herewith, shall receive as compensaLimit of pay. tion exceeding two hundred dollars per month, in addition to actual traveling expenses and per diem not exceeding four dollars in lieu of subsistence, when absent on duty from his designated and actual post of duty: Provided, That of the sum hereby appropriated not exceeding seven services,wash- thousand dollars may be expended for personal services ngton, D. C. in the District of Columbia. euperviion of All expenditures of money appropriated herein for nitures. chool purposes in Alaska shall be under the supervision and direction of the Commissioner of Education and in conformity with such conditions, rules, and regulations as to conduct and methods of instruction and expenditure of money as may from time to time be recommended by him and approved by the Secretary of the Interior. Reaidee. Reindeer for Alaska: For the support of reindeer stations in Alaska, and for the instruction of Alaskan natives in the care and management of the reindeer, twelve thousand dollars. rtecon o f Protection of game in Alaska: For carrying out the provisions of an Act approved May eleventh, nineteen hundred and eight, entitled "An Act for the protection of game in Alaska, and for other purposes," including salaries, traveling expenses of game wardens, and all other necessary expenses, ten thousand dollars, to be expended under fhe direction of the governor of Alaska. $ *4i$ *$ ALASKA. 17 UNDER THE DEPARTMENT OF JUSTICE. * * * * * MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * * * * Incidental expenses, District of Alaska: For furniture, Alaskl es. fuel, books, stationery, and other incidental expenses, for penses. the offices of the marshals and attorneys, seven thousand dollars. Traveling expenses, District of Alaska: For the actual Traveling eand necessary expenses of the judges and clerks in the Dis- peue. trict of Alaska when traveling in the discharge of their official duties, six thousand dollars. * * * * * JUDICIAL. UNITED STATES COURTS. (For defraying expenses of district court of Alaska. See p. 425.) * * * * * For payment of such miscellaneous expenses as may be Miscellane ou s authorized by the Attorney-General, for the United States expenses courts and their officers, four hundred and forty thousand dollars: Provided, That in so far as it may be deemed Jooio necessary by the Attorney-General, this appropriation shall be available for such expenses in the District of Alaska. UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * * * * LIGHT-HOUSE ESTABLISHMENT. * * * * * (Lighting Rivers in Alaskan waters. See p. 425) * * * * * BUREAU OF FISHERIES. * * * * * Yes Bay (Alaska) Hatchery: Superintendent, one thou- ^Al8ka. sand five hundred dollars; foreman, one thousand two hundred dollars; two skilled laborers, at nine hundred and sixty dollars each; three laborers, at nine hundred dollars each; cook, nine hundred dollars; in all, eight thousand two hundred and twenty dollars. Afognak (Alaska) Station: Superintendent, one thou- Alask fg a k sand five hundred dollars; foreman, one thousand two hundred dollars; two skilled laborers, at nine hundred 18 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. and sixty dollars each; three laborers, at nine hundred dollars each; cook, nine hundred dollars; in all, eight thousand two hundred and twenty dollars. aerslmon ats h- Agents at salmon fisheries in Alaska: For one agent, two thousand five hundred dollars; and one assistant agent, two thousand dollars; inspector, one thousand eight hundred dollars (transferred from office of the commissioner); in all, six thousand three hundred dollars. * * * * * Miscellaneous. MISCELLANEOUS OBJECTS, DEPARTMENT OF COMMERCE AND LABOR. Alaskan s eal Alaskan seal fisheries: For salaries of agents at seal fisheries. Agents' sala- fisheries in Alaska, as follows: For one agent, three thouries, etc. sand six hundred and fifty dollars; one assistant agent, two thousand nine hundred and twenty dollars; two assistant agents, at two thousand one hundred and ninety dollars each; one naturalist, three thousand dollars; janitor service at the government buildings at the Pribilof Islands, not exceeding four hundred and eighty dollars; in all, fourteen thousand four hundred and thirty dollars. Food, etc., for For furnishing food, fuel, and clothing and other necessaries of life to the native inhabitants on the islands of Saint Paul and Saint George, Alaska, nineteen thousand five hundred dollars. June 25, 1910. CHAP. 385.-An Act Making appropriations to supply deficiencies [H. R. 20730.] in appropriations for the fiscal year nineteen hundred and ten, and [Public, No. for other purposes. 267.j 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives eficiencies ap- of the United States of America in Congress assembled, That propritions. the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: MILITARY ESTABLISHMENT. * * * * * SIGNAL SERVICE. * * * * * (Reimbursement to Western Union Telegraph Company, from receipts of the Washington-Alaska Military Cable and Telegraph System, for services. See p. 56.) * * * 2 * ALASKA. 19 CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. * * * * * (Reindeer for Alaska, 1908. See p. 86.) * * * * * CHAP. 386.-An Act To establish postal savings depositories for June 25. 1910. depositing savings at interest with the security of the Government for [pSbi5876.] repayment thereof, and for other purposes. 268.] (Applicable to Alaska. See p. 429.) 36 stat. L., pt p, p. 814. CHAP. 395.-An Act To further regulate interstate and foreign June 25,1910. commerce by prohibiting the transportation therein for immoral pu-. R. ublic12. poses of women and girls, and for other purposes. 277.] (Applicable to Alaska. See p. 435.) 36 Stat. L., pt CHAP. 421.-An Act To authorize the President of the United June 25,1910. States to make withdrawals of public lands in certain cases. [H. R. 24070.] [Public, No. (Applicable to Alaska. See p. 439.) 3 S03L. pt. 1, p. 847. CHAP. 422.-An Act To create, establish, and enforce a miner's June 25, 1910. labor lien in the Territory of Alaska, and for other purposes. [H. R. 24149.] [Public, No. Be it enacted by the Senate and House of Representatives 304.i of the United States of America in Congress assembled, That 1.. 848. p every miner or other laborer who shall labor in or upon Alaska. any mine or mining ground for another in the Territory lie.nr" labor of Alaska in digging, thawing, conveying, hoisting, piling, lPderso u entlcleaning up, or any other kind of work in producin any mineral-bearing sands, gravels, earth, or rock, gold or gold dust, or other minerals, or shall aid or assist therein by his labor as cook, engineer, fireman, or in cutting and delivering wood used in said work, or in work in any like capacity in producing the'dump, shall, where his labor directly aided in such production, have a lien upon the dump or mass of mineral-bearing sands, gravels, earth, or rocks, and all gold and gold dust, or other minerals therein, and all gold and gold dust extracted therefrom, for the full amount of wages for all the time which he was so employed as such laborer in producing the said dump, within one year next preceding his ceasing to labor thereon; and to the extent of the labor of the said miner or other laborer actually employed or expended thereon, within one year next prior to ceasing to labor thereon, 20 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Preferee of the said lien shall be prior to and preferred over any deed, mortgage, bill of sale, attachment, conveyance, or other claim, whether the same was made or given prior to such Prior v a idlabor or not: Provided, That this preference shall not apply deeds etc., not to any such deed, mortgage, bill of sale, attachment, conveyance, or other claim given in good faith and for value prior to the approval of this Act. tle to b SEC. 2. That every laborer, within ninety days after the completion of the performance of the work or labor mentioned in the foregoing section who shall claim the benefit thereof, must, personally or by some other person for him, file for record in the recording precinct where the labor was performed a claim of lien containing a statement of his demand under oath, substantially in the following form: Form. NOTICE OF LABORER'S LIEN. Territory of Alaska, precinct, ss: - claimant, against - -, defendant. Notice is hereby given that - --, claimant, claims a lien upon (describing the dump or mass of mineral-bearing sands, gravels, earth, or rock, and its location with reasonable certainty) in the precinct, in the Territory of Alaska, for labor performed in (digging, and so forth; describe the work). That the name of the owner or reputed owner of the said property is -o, and that is the owner or reputed owner of the mine or mining ground from which the dump or mass of mineral-bearing sands, gravels, earth, or rock and the minerals therein were extracted, and that employed claimant to perform such work and labor upon the following terms and conditions (state substance of contract, if any, or reasonable value); that said contract has been faithfully performed and fully complied with on the part of the claimant, who performed labor thereunder aforesaid for the period of days; that said labor was performed between the day of - and the day of -. ---, and the rendition of said service was closed on the day of, and ninety days have not elapsed since that time; that the amount of claimant's demand for said service is; that no part thereof has been paid (except the sum of - dollars), and there is now due and remaining unpaid thereon, after deducting all just credits and offsets, the sum of --- dollars, in which amount he claims a lien upon said property. Claimant. Territory of Alaska,, precinct, ss: - —, being first duly sworn, on oath deposes and says, that I am the claimant (or if by some other person state the fact) named in the foregoing claim; that I ALA.8 21 have heard the same read, know the contents thereof, and believe the same to be true. Subscribed and sworn to before me this day of [Officer's title.] SEC. 3. That the recorder must record every claim filed Reoording, etc. under the provisions of this Act in books kept by him for that purpose, which record must be indexed as deeds and other conveyances are required by law to be indexed, and for which he may receive the following fees and none other: For filing, ten cents; for recording, one dollar; for indexing, fifteen cents for each name. SEC. 4. That no lien provided for in this Act shall bind Time to bring any property for alongerperiod than ninety days after the claim has been filed, unless an action be commenced within that time to enforce the same. SEC. 5. That the action for the foreclosure of the lien Jurisdiction. provided for in this Act shall be begun either in the district court or in the justice's court In the precinct where the lien was filed and the justices of the peace in Alaska are hereby given full jurisdiction in the foreclosure of such liens under the provisions of this Act, and shall also have such other jurisdiction and power as is now conferred on them by law in aid of the enforcement of this Act, and the provisions of section seven hundred and twenty-three of chapter seventy-one of the Code of Civil Procedure now in force in Alaska shall be applicable to the jurisdiction intended to be conferred by this Act. SEC. 6. That no mistake, informality, or mere matter Amendments allowed before soof form or lack of statement, either in the lien notice or tion. pleadings, shall be ground for dismissal or unnecessary delay in the action to foreclose the lien, but the lien notice and pleadings may be amended at any time before judgment, and section ninety-two of chapter eleven of the Code of Civil Procedure now in force in Alaska shall apply to such amendments: Provided, That if it be shown that a Pesonabe material statement or averment has been omitted or mis- delay permitted. stated, it shall be ground for a reasonable delay or continuance to give the defendant a reasonable opportunity to meet it upon amendment. SEC. 7. That the claimant may file the original or a cer- Procedure tified copy of the notice of lien in the district or justice's court as the statement of his case, and thereupon the court or justice shall issue the usual summons directed to the defendant or defendants, which summons, together with a copy of the lien notice, shall, by any officer authorized to serve process, be served upon the defendant or defendants, ervice or procas provided in sections nine hundred and fifty and nine hundred and fifty-one of chapter ninety-two of the Code of Civil Procedure now in force in Alaska. The summons shall require the defendant or defendants to appear before eppearance such court or justice at a time and a place to be named 22 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. therein, not less than six nor more than twenty days from the date thereof, to answer the demand of the claimant in the said lien notice, or judgment for want of an answer will be taken against them. Service by publication may be had pursuant to sections forty-seven and forty-eight of chapter four of said Code of Civil Procedure. The officer serving the summons shall also immediately post a copy Posting notice of said lien notice in a conspicuous place on the dump or on dump. mass of mineral-bearing sands, gravels, earth, or rock, and gold and gold dust, and other minerals therein upon which the lien is filed, and from the moment of posting the lien notice the dump or mass of mineral-bearing sands, gravels, earth, and rock, and gold and gold dust, and other minerals therein shall be in the custody and under the control of the officer. All persons who claim any interest therein in opposition to the lien claimant may come in and answer and set up and defend their said claims, but no Rights of ad- claim or claims of any owner, lessee, or other adverse deverse claimants. fendant shall bar the lien claimant from recovering the Lien not af- sum due him for actual labor in producing the said dump fected. or mass of mineral-bearing sands, gravels, earth, or rock, or gold and gold dust, or other minerals. Joining of par- SEC. 8. That any number of persons claiming liens unties, etc. der this Act may join in the same action, and when separate actions are commenced the court may consolidate ( ou r t allow- them. The court shall also allow, as a part of the costs, ans. the moneys paid for filing, recording, and indexing the notice of lien, the sum of five dollars for drawing the same, and a reasonable attorney's fee for each person claiming a lien, not to exceed ten per centum of the amount of the lien established on judgment. Any contract or agreeWaiverof right ment or any waiver of any kind made or signed by any o lien void minor or laborer whereby it is sought to waive or abandon his right to file a lien under this Act, or any agreement for an extended time of payment whereby the same end is sought, shall to that extent be null and void as against public policy. Execution of SEC. 9. That in such action judgment must be rendered udgment. in favor of each person having a laborer's lien for the amount due him, and the court shall order the dump or mass of mineral-bearing sands, gravels, earth, or rock, and the gold and gold dust, and other minerals therein subject to the lien to be sold by the marshal in the same manner that personal property is sold on execution: or the court may, upon a showing that it is necessary to do so to preserve the property from loss or waste, by order Extracting require the marshal to wash up or extract the gold and minerals. gold dust or other mineral from the said mineral-bearing sands, gravels, earth, or rock; or the court may, by order, By defendant, allow the defendant or defendants or any party interested eta. to wash up and extract the said mineral, in the presence of the marshal or deputy marshal or special officer, who shall take the gold or gold dust or other minerals as it is washed up and extracted and return the same into court, ALASKA. 23 and it shall be immediately paid out as follows: First, the pDi0posa o0 cost of cleaning up or extracting the gold or gold dust or other minerals shall be paid; second, the court costs shall be paid; and, third, the judgment or judgments so rendered in favor of the lien claimants shall be paid; and if there is not sufficient gold or gold dust, or other minerals, or sufficient moneys obtained from the sale of the property to pay all claims in full, the court shall apportion the proceeds to the payment of such judgments pro rata: Provided, That no part of any such proceeds shall be paid PrIovio upon any claim or judgment to any person who did not actually perform labor in producing the dump or the proceeds thereof until all such preferred claims are paid in full. SEa. 10. That an appeal may be. taken from a final tppals to disjudgment of a justice of the peace in actions instituted under this Act to the district court, in the manner provided in chapter ninety-seven of the Code of Civil Pro- Enxa t I n g cedure now in force in Alaska, and upon such appeal being perfected the dump or mass of mineral-bearing sands, gravels, earth and rock, gold and gold dust, or other minerals shall be washed up by the marshal or any party mentioned in section nine of this Act as the district court may direct, and all the gold or gold dust or other mineral so washed up shall be paid into the registry Payment into of the district court there to await the final judgment on registry of court appeal: Provided, That the gold or gold dust or other min- Proviso. eral in excess of the amount of the judgment, including ces of judgment an additional amount equal to the probable accruing costs et. on appeal and two years' interest at the legal rate, shall after the expiration of ninety days from the time it was paid into the registry of the district court, be released to the owners upon a showing that no liens have been filed against it. The defendant or defendants, or any one or peCsh deposit more of them, may deposit cash in lieu of the gold or gold dust on the dump, which shall remain in the custody o the law until the final judgment, and shall then be applied in payment of the judgment or judgments rendered on each lien claims, and costs, and interest. SEC. 11. That any person or persons who shall, after bLlallty for ' 7.. buying minerals, the copy of the notice of lien is posted upon any dump etc., posted. or mass of mineral-bearing sands, gravels, earth or rock, gold and gold dust, or other mineral, as provided in this Act, and with knowledge of such notice of lien, buy purchase, wash up, remove, destroy, or carry away all or any part or portion of the same or the gold or gold dust therein, or who shall render it difficult, uncertain or or impossible to identify the gold or gold dust or other mineral obtained therefrom, shall be liable to the lien holder for the full amount of his judgment and costs; and eCon7.s ^,tnf any person who shall take and carry away all or any part ceny. or portion of said dump of mineral-bearing sands, gravels, earth or rock, or the gold or gold dust or other minerals therefrom, after the same shall come into the custody of 24 LAWS RELATING TO INSULA AND MILITARY AFFAIRS. the officer, shall be guilty of a crime and shall be punished Proecutions. as for the larceny of a like amount; and any district attorney in Alaska is specially required to immediately cause a warrant to be issued for the arrest of any such person or persons and to prosecute them according to law. June 25, 1910. CHAP. 424.-An Act To provide for the care and support of insane [H. R. 24833] persons m the Territory of Alaska. [Public, No. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives, 852. 8 of the United States of America in Congress assembled, mporary de- rhat there is hereby established at Fairbanks, in the tention hospitals Territory of Alaska, and at Nome, in the Territory of for insane. Authorized at Alaska, respectively, a detention hospital for the temNOas. a ad porary care and detention of the insane, wherein all insane and other patients in charge of the United States marshal shall be detained until transported to the asylum provided by law for their permanent care and cure, or otherwise disposed of as provided by the laws of the Appropriation. United States; and the sum of twenty-five thousand dollars is hereby appropriated out of any moneys in the United States Treasury not otherwise appropriated, not exceeding one-half thereof to be expended in the erection and equipment of the hospital at Fairbanks, and not exceeding one-half thereof to be expended in the erection and equipment of the hospital at Nome. Board on con- SEC. 2. That the governor of Alaska and the judge of struction. the district court and the United States marshal of the judicial division in which the said detention hospital, respectively, is to be erected and equipped, shall constitute in each division a board whose duty it shall be to cause the said detention hospital to be erected and contrc,e. equipped; that public bids for the erection of the same shall be called for, and the said board shall let the contract for the erection of the buildings, respectively, to the lowest and best bidder, but the said board may reject any or all bids and call for new bids in their discretion; Erenditures that the moneys hereby appropriated, or so much thereof aport, s shall be necessary, shall be expended by the said board upon the approval of the governor; and the said board in each division shall make a detailed report of the expenditures of the said funds to the Attorney-General tcSnndmaln of the United States; that the said hospitals, after their erection and equipment, shall be under the charge and control of the United States marshal in the division where situated, and the maintenance thereof shall be paid in the same manner and from the same fund as the expense of the United States jails under the same marshal is paid. SIXTY-FIRST CONGRESS, THIRD SESSION. CHAP. 7.-An Act Making appropriations to supply urgent defi- Dec. 23, 110. ciencies in appropriations for the fiscal year ending June thirtieth, [H. R. 29495.] nineteen hundred and eleven, and for other purposes. [Public, No. 328.] Be it enacted by the Senate and House of Representatives 36 Sta. L., pt of the United States of America in Congress assembled, 1 r That the following sums be, and are hereby, appropriated, cerncest apdout of any money in the Treasury not otherwise appro-priation. priated, to supply urgent deficiencies in appropriations for the fiscal year ending June thirtieth, nineteen undred and eleven, and for other purposes, namely: DEPARTMENT OF THE INTERIOR. GEOLOGICAL SURVEY. For a continuation of the investigation of the mineral Alaska mineral resources of Alaska, to continue available until the close sources' of the fiscal year nineteen hundred and'twelve, one hundred thousand dollars. CHAP. 166.-An Act Making appropriations for the construction, Feb. 27, 111. repair, and preservation of certain public works on rivers and harbors, [H. R. 282.] and for other purposes. [Public, No. 425.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt of the United States of America in Congress assembled,' That the following sums of money be, and are hereby, iver and harappropriated, to be immediately available, and to beis. appropria expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the construction, completion, repair and preservation of the public works hereinafter named: * * *.* * The Secretary of War is hereby authorized and directed Allotmant o0 to cause preliminary examinations and surveys to beaminations. made at the following-named localities, and a sufficient sum to pay the cost thereof may be allotted from the amount appropriated in this section: * * * * * 25 26 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. lasa. Entrance to Kuskokwim River, through Kuskokwim Bay, Alaska. Sergius Narrows, Alaska. Apoon mouth of Yukon River from Pastol Bay to the mouth of Kotlik River, Alaska. * * * * * Fesb.a, 1911. CHAP. 167.-An Act For rebuilding and improving the present [8.10015.] light and fog signal at Lincoln Rock, Alaska, or for building another [Publto, No. light and fog-signal station upon a different site near by. 426. 36 Stat. t. pt. Be it enacted by the Senate and House of Representatives of the 'United States of America in Congress assembled, Linoln Rock, That the Secretary of Commerce and Labor be, and he is ANewlight, etc., hereby, authorized to rebuild and improve the present station for. light and fog signal at Lincoln Rock, Alaska, or establish a light and fog signal station upon a different site near by, at a cost not to exceed twenty-five thousand dollars. Mar. 1,1911. CHAP. 187.-An Act To protect the dignity and honor of the [H. R.23015.] uniform of the United States. [Public, No. 436.] (Applicable to Alaska. See p. 60.) 36 Stat.L., pt. 1, o. 963. Mar. 3, 1911. CHAP. 208.-An Act Making appropriations for the Diplomatic (H. R. 32866.] and Consular Service for the fiscal year ending June thirtieth, nine[Public, No. teen hundred and twelve. 452.1 36 Stat. L., pt. I, p. 1027. Be it enacted by the Senate and House of Representatives Diplomatic and of the United States of America in Congress assembled, That prtions. the following sums be, and they are hereby severally appropriated, in full compensation for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: BOUNDARY LINE, ALASKA AND CANADA. Asa un day To enable the Secretary of State to mark the boundary aa and make the surveys incidental thereto, between the Territory of Alaska and the Dominion of Canada, in conformity with the award of the Alaskan Boundary Tribunal and existing treaties, including employment at the seat of government of such surveyors, computers, and draftsmen as are necessary to reduce field notes, two hundred thousand dollars, to be immediately available, ALASKA. 27 together with the unexpended balance of the previous appropriation for this object. * * s * * (Relief and protection of shipwrecked American seamen in Alaska. See p. 450.) * * * * * CHAP. 209.-An Act Making appropriation for the support of the Mar. 3, 191. Army for the fiscal year ending June thirtieth, nineteen hundred and [H. R. 31237.] twelve. IPublic, No. 453.1 36 Stat.., pt. 1, p. 1037. (Extension and betterments, Washington-Alaska cable system; extra pay to enlisted men in Alaska on Alaska cable system; payment of exchange by special disbursing agents serving zn Alaska, when specially authorized by the Secretary of War; construction and maintenance of military and post roads, etc., Alaska. See pp. 61, 64.) CHAP. 210.-An Act Making appropriations for the current and Mar. 3,1911. contingent expenses of the Bureau of Indian Affairs, for fulfilling [H. R. 28406.] treaty stipulations with various Indian tribes, and for other purposes, [Public, No. for the fiscal year ending June thirtieth, nineteen hundred and twelve. 6 54.] 36 Stat. L., pt. 1, p. 1058. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appro- Indian Depart mert appropriapriated out of any money in the Treasury not otherwise tions approp appropriated for the purpose of paying the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and in full compensation for all offices the salaries for which are provided for herein for the service of the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * For collection and transportation of pupils to and from. T r a np o r t. Indian schools, and for the transportation of Indian pu- etc pupil pils from any and all Indian schools and placing them, with the consent of their parents, under the care and control of white families qualified to give such pupils moral, industrial, and educational training, eighty-two thousand dollars: Provided, That not to exceed five thousand dol- Provio. lars of this amount may be used in the transportation and Poustions o r placing of Indian pupils in positions where remunerative employment may be found for them in industrial pursuits. The provisions of this section shall also apply to native pupils of school age under twenty-one years of age brought from Alaska. * * * * * 28 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1911. CHAP. 226.-An Act To prevent the disclosure of national defense IH. R. 2m6.] secrets. [Public, No. 36ta L.,pt. (Applicable to Alaska. See p. 66.) 1, p. 1084. Mar. 3, 1911. CHAP. 231.-An Act To codify, revise, and amend the laws relat[S. 7.1 ing to the judiciary. Public, No. 36 Stat. L., pt. (Applicable to Alaska. See p. 451.) 1, p. 1087. Mar. 4, 1911. CHAP. 237.-An Act Making appropriations for the legislative, [Hf. R. 29360] executive, and judicial expenses of the Government for the fiscal year [Public, No. ending June thirtieth, nineteen hundred and twelve, and for other 477.1 purposes. 36 Stat.., pt. oses. 1, p. 1170. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth nineteen hundred and twelve, for the objects hereinafter expressed, namely: LEGISLATIVE. * * * * * (For compensation of Delegate from Alaska. See p. 526.) GOVERNMENT IN THE TERRITORIES. Alaska DISTRICT OF ALASKA: Governor, seven thousand dollars; four judges, at seven thousand five hundred dollars each; four attorneys, at five thousand dollars each; four marshals, at four thousand dollars.each; four clerks, at three thousand five hundred dollars each; in all, eighty-seven thousand dollars. For incidental and contingent expenses, clerk hire, not to exceed two thousand two hundred and fifty dollars; janitor, not to exceed nine hundred dollars; traveling expenses of the governor while absent from Juneau on official business; rent of offices and quarters in Juneau, stationery, lights, and fuel, to be expended under the direction of the governor, seven thousand one hundred and fifty dollars. DEPARTMENT OF THE INTERIOR. * - * * * * SURVEYORS GENERAL AND THEIR CLERKS. Alaska For surveyor general and ex officio secretary of the district of Alaska, four thousand dollars; clerks in his office, seven thousand dollars; in all, eleven thousand dollars. For rent of offices for surveyor general, pay of messenger, stationery, printing, binding, drafting instruments, ALASKA. 29 typewriters, books of reference for office use, furniture, fuel, lights, and other incidental expenses, including the exchange of typewriters, two thousand five hundred dollars. CHAP. 238.-An Act Making appropriations for the Department Mar. 4, 1911. of Agriculture for the fiscal year ending June thirtieth, nineteen hun- f R. 2l596 -dred and twelve. IPublic, No. 478.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. of the United States of America in Congress assembled, " 1235' That the following sums be, and they are hereby, appro- Agricultural priated, out of any money in the Treasury of the United drpariaent ap States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and twelve, for the purposes arid objects hereinafter expressed, namely: BUREAU OF PLANT INDUSTRY. GENERAL EXPENSES, BUREAU OF PLANT INDUSTRY; To investigate and encourage the adoption of improved Fnrm mmnage methods of farm management and farm practice, one hundred and forty-two thousand nine hundred and twenty dollars: Provided, That of the amount hereby Proviso. appropriated the sum of four thousand dollars shall be mt. allo used in agricultural reconnoissance work in Alaska; * * * * * FOREST SERVICE. GENERAL EXPENSES, FOREST SERVICE: (General expenses, Forest Service, in Alaska. See p. 528.) * * * * * For salaries and field and station expenses, including National for maintenance of nurseries, collecting seed, and planting, Matntenance, necessary for the use, maintenance, and protection of etresincluding the national forests named below: Chugach National Forest, Alaska, twenty-five thousand AC^ h, g a o h, two hundred and eighty dollars; Tongass National Forest, Alaska, twenty-three thou- T o n g a s s sand and forty-one dollars; * * * * * 30. LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. OFFICE OF EXPERIMENT STATIONS. * * * * * (Establishment and maintenance of experiment stations in Alaska. See p. 528.) * * * * * Mar. 4,1911. CHAP. 239.-An Act Making appropriations for the naval service [H. R. 32212. for the fiscal year ending June thirtieth, nineteen hundred and twelve, [Public, No. and for other purposes. 479.] 36 Stat.., pt. (Repairs of Marine barracks in Alaska. See p. 70.) 1, p. 1265. Mar. 4, 1911. CHAP. 240.-An Act Making appropriations to supply deficien[H. R. 32597.] cies in appropriations for the fiscal year nineteen hundred and eleven [Public, No. and for prior years, and for other purposes. 480. Pt 36 star.. pt. 1, p. 1289. Be it enacted by the Senate and House of Representatives appropriations of the United States of America in Congress assembled, That the following sums be, and are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes, namely: * * * * * INTERIOR DEPARTMENT. * * * * * GEOLOGICAL SURVEY. * * * * * Philip Smith. Credit in counts. s The accounting officers of the Treasury Department are ac- authorized and directed to credit in the accounts Philip S. Smith, assistant geologist, United States Geological Survey, special disbursing agent, the sum of four hundred and fifteen dollars in public funds pertaining to the appropriation for the continuation of the investigations of the mineral resources of Alaska, fiscal years nineteen hundred and ten and nineteen hundred and eleven, lost while engaged in the lawful discharge of his official work on the twentysecond day of July, nineteen hundred and ten, in crossing the Kogoluktuk River, a tributary of the Kubuk, in northern Alaska, through no fault or negligence on the part of said Philip S. Smith. * * * * * DEPARTMENT OF JUSTICE. * * * * * MISCELLANEOUS, DEPARTMENT OF JUSTICE. Alika. ex- Incidental expenses, Territory of Alaska: For furniture, peases. fuel, books, stationery, and other incidental expenses for the offices of the marshals and attorneys for the fiscal year ALIASKA. 31 nineteen hundred and eight, fifteen dollars and sixty-two cents. * * * * * Repairs to courthouse, Fairbanks, Alaska: For repairs AiLrbansk, and replacements necessary to cover the loss incident to Courthouse the recent fire in the courthouse at Fairbanks, Alaska, repairs to be expended under the direction of the Attorney General, four thousand dollars. CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. * * * * * (Education of natives of Alaska, two hundred and forty three dollars and thirty-seven cents. See p. 89.) * *. * * * CHAP. 241.-An Act Making appropriations for the service of the Mar. 4,1911. Post Office Department for the fiscal year ending June thirtieth, nine- [H. R. 31539.] teen hundred and twelve, and for other purposes. [Public, No. 4Mi.] Be it enacted by the Senate and House of Representatives 1, 3. s27. pt of the United States of America in Congress assembled, That arotpariations. the following sums be, and they are hereby, appropriated for the service of the Post Office Department, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: OFFICE OF THE POSTMASTER GENERAL. For traveling expenses of inspectors without per diem Traveling, eto. allowance, inspectors in charge, and the Chief Post Office expenes. Inspector, and expenses incurred by inspectors not covered by per diem allowance, unusual and extraordinary expenses necessarily incurred for maintenance by inspectors over and above per diem allowance while traveling on official business in the District of Alaska, and for the traveling expenses of two clerks performing stenographic and clerical assistance to post-office inspectors in the investigation of important fraud cases, thirty-one thousand four hundred dollars. OFFICE OF THE FIRST ASSISTANT POSTMASTER GENERAL. Whenever a postmaster in any locality with a popula- Unusualcondition of not more than twenty thousand inhabitants certi- tions. fies to the department that, owing to unusual conditions in his community, he is unable to secure the services of efficient employees otherwise, the Postmaster General having ascertained the truth of the certification may 28872~-S. Doc. 306, 62-2 —5 32 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Amount imme- authorize, in his discretion, the appointment of clerks and diely avalablletter carriers for that office at such higher rates of comCleris and cr- pensation, within the present recognized grades, and in the riers In certain locaities District of Alaska, at higher salaries than one thousand two hundred dollars, as may be necessary in order to insure a proper conduct of the postal business, but not to exceed in the aggregate the sum annually appropriated for said purposes, and in all such cases their salaries shall be paid from the appropriation for unusual conditions, and the Postmaster General shall make report to Congress annually of the places where and the amounts so expended. OFFICE OF THE SECOND ASSISTANT POSTMASTER GENERAL. Transporta- For inland transportation by star routes in Alaska, two Lion by star routes in~Alaska. hundred and fifty thousand dollars: Provided, That out of Emergency this appropriation the Postmaster General is authorized service. to provide difficult or emergency mail service in Alaska, including the establishment and equipment of relay stations, in such manner as he may think advisable without advertising therefor. * * * * * (For postal equipmentfor Alaska. See p. 529.) * * * * * Mar. 4, 1911. CHAP. 280.-An Act For the protection of game in the Territory [H. R. 32170.] of Alaska. [Public, No. Al5as] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. f the United States of America in Congress assembled, 'pen season for That from and after the passage of this Act it shall be game birds ex- lawful to kill grouse, ptarmigan, shore birds, and watertended. il b fowl from September first to March first, both inclusive, anywhere in the Territory of Alaska. Mar. 4,1911. CHAP. 281.-An Act To authorize the Controller Railway and [H. R. 32842.] Navigation Company to construct two bridges across the Bering River, [Public, No. in the District of Alaska, and for other purposes. 521.1 36 tar.. t. 1, 1360 pt. Be it enacted by the Senate and House of Representative$ Cntroer Rail- of the United States of America in Congress assembled, way and Naviga- That the Controller Railway and Navigation Company, a a y construct corporation organized and existing under the laws of the two rssdges State of New Jersey, its successors and assigns, be, and River. they are hereby, authorized and empowered to construct, maintain, and operate, in accordance with the provisions of the Act entitled "An Act to regulate the construction of bridges over navigable waters," approved March ALASKA. 33 twenty-third, nineteen hundred and six, two bridges across the Bering River, in the District of Alaska, to be located as follows: The upper bridge to cross the said Bering River at a point near the mouth of Stillwater Location. Creek, and the lower bridge to cross the Bering River at a point about four miles above Bering Lake; also to ex- Extenon o tend its line of railway from the terminus of its line on the n"" north shore of Controller Bay, as shown on its map of definite location filed in the Land Department December fourteenth, nineteen hundred and ten, on and over the tide lands and navigable waters of Alaska in said Controller Bay to the main channel, and to construct, build, erect, maintain, use, and operate at the end of such line of railway, when so extended upon said main channel, under rules and regulations to be prescribed by the Secretary of War, necessary wharves, docks, slips, waterways, and coal and oil bunkers, provided that the extent of and the plans for such structures are recommended by the Chief of Engineers and approved by the Secretary of War, in accordance with the provisions of section ten of the river and harbor Act approved March third, eighteen Wharves, etc. hundred and ninety-nine. SEC. 2. That the said Controller Railway and Naviga- Right of wy over tide and tion Company, its successors and assigns, are hereby au- shore lands. thorized to use, in the construction and maintenance of said extension of said line of railway, a right of way on, through, and over the tide and shore lands of the United States actually necessary to connect its railway with the navigable waters in said Controller Bay, not to exceed one hundred feet on each side of the center line of such extension of said line of railway: Provided, That the P oio easement hereby authorized may be exclusively exercised so long as said railway is maintained and operated for railroad purposes, but that nothing in this Act contained shall be construed as impairing the right of the United States, or of any State that may hereafter be erected out of this District, to regulate the use of said chaegulatons right of way and the pier or dock herein authorized to be constructed, nor the right of the United States or of any such State to fix reasonable charges for the use of any pier, dock, or wharf constructed or maintained hereunder, nor shall it in anywise interfere with the authority on the part of the Secretary of the Interior to accord wharfage and other privileges in front of reserved areas, as provided in the Act of May fourteenth, eighteen hundred and ninety-eight, entitled "An Act extending the homestead laws and providing for right of way for railroads in Alaska, and for other purposes." SEC. 3. That the title to all lands occupied under this Titlenot trans Act shall remain in the United States, subject to the use hereby authorized, and the right to alter, amend, or repeal this Act is hereby expressly reserved. 34 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 4,1911. CHAP. 285.-An Act Making appropriations for sundry civil ex[11. 329 9 penses of the Government for the fiscal year ending June thirtieth, Public, No. nineteen hundred and twelve, and for other purposes. 525.1 36 Stat.., pt. 1, p. i363. p. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Sundry civil That the following sums be, and the same are hereby, apepetions. appro propriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * UNDER THE TREASURY DEPARTMENT. * * * * * Juneau, Alaskae Juneau Alaska executive mansion: For site and cornmansion. pletion of Territorial executive mansion, furnishings, library, and museum, under present limit, forty thousand dollars. Post office, etc. Juneau, Alaska, post office and customhouse: For site and commencement of building under present limit, forty thousand dollars. * * * * * LIFE-SAVING SERVICE. * * * * * For one superintendent for the life-saving and lifeboat stations on the coasts of California, Oregon, Washington, and Alaska, two thousand, two hundred dollars; in all, twenty-seven thousand nine hundred dollars. * * * * * ' REVENUE-CUTTER SERVICE. For expenses of the Revenue-Cutter Service: * * *; for maintenance of vessels in the protection of the seal fisheries in Bering Sea and the other waters of Alaska, and the enforcement of the provisions of law in Alaska; * * * * * * * * UNDER THE INTERIOR DEPARTMENT. * * * * * SURVEYING THE PUBLIC LANDS. * * * * * ofmpensation The surveys and resurveys to be made by such competent surveyors as the Secretary of the Interior may select, at such compensation not exceeding two hundred dollars per month as he may prescribe, except that the Secretary supervisors oof the Interior may appoint not to exceed two supervisors of surveys whose compensation shall not exceed two hundred and fifty dollars per month each, and except ALASKA. 85 in the District of Alaska, where a compensation not exceeding ten dollars per day may be allowed such surveyors and such per diem allowance, in lieu of subsistence, not exceeding three dollars, as he may prescribe, and actual necessary expenses for transportation, including necessary sleeping-car fares, said per diem and traveling expenses to be allowed to all surveyors employed hereunder and to such clerks who are competent surveyors clerks, ete., inwho may be detailed to make surveys, resurveys, or exam- specting minera inations of surveys heretofore made and reported to be and, etc. defective or fraudulent, and inspecting mineral deposits, coal fields, and timber districts, and for making, by such competent surveyors, fragmentary surveys, examination Resurveys, etc. of unaccepted contract surveys heretofore made and such other surveys or examinations as may be required for identification of lands for purposes of evidence in any suit or proceeding in behalf of the United States, the sum hereby appropriated to be immediately available: * * *. * * * * * For the survey of the lands of the United States in the Alaskasurveys. District of Alaska, fifty thousand dollars. Authority is hereby given for the expenditure during MAlowace for the fiscal years nineteen hundred and eleven and nineteen hundred and twelve of not exceeding five thousand dollars from the appropriation of one hundred thousand dollars for surveying public lands in the District of Alaska, made in the sundry civil appropriation Act for the fiscal year nineteen hundred and eleven, for the execution of the necessary office work on the returns of surveys filed under the said appropriation. * * * * * BUREAU OF MINES. * * * * * For salaries of two mine inspectors, authorized by the Mine lnspeoAct approved March third, eighteen hundred and ninetyone, for the protection of the lives of miners in the Territories, five thousand dollars; and said inspectors are hereby authorized to inspect coal and other mines in the District of Alaska, to which District the provisions of said Act, except so much as requires six months' residence in a Territory prior to appointment, are hereby extended and made app icable; For per diem, subject to such rules and regulations as Per diem, etc. the Secretary of the Interior may prescribe, in lieu of subsistence at a rate not exceeding three dollars per day each while absent from their homes on duty, except while in Alaska, when such allowance shall be at the rate of five dollars per day, and for actual necessary traveling expenses of said inspectors, including necessary sleeping-car fares, four thousand five hundred dollars; * * * * $ 6. LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. MISCELLANEOUS OBJECTS, DEPARTMENT OF THE INTERIOR. * * * * * Alaska'., Care and custody of the insane of Alaska: For the care and custody of persons legally adjudged insane in the District of Alaska, including transportation and other Eduo of expenses, fifty thousand dollars..va. of Education in Alaska: To enable the Secretary of the Interior, in his discretion and under his direction, to provide for the education and support of the Eskimos, Aleuts, Indians, and other natives of Alaska; for erection, repair, and rental of school buildings; for text-books and industrial apparatus; for pay and necessary traveling expenses of general agent, assistant agent, superintendents, teachers, physicians, and other employees, and all other necessary miscellaneous expenses which are not included under the above special heads, two hundred thousand dollars; so much of which sum as may be necessary for the purmit of pay. chase of supplies shall be immediately available: Provided, That no person employed hereunder as special agent or inspector, or to perform any special or unusual duty in connection herewith, shall receive as compensation exceeding two hundred dollars per month, in addition to actual traveling expenses and per diem not exceeding four dollars in lieu of subsistence, when absent on duty from nSgonD. Wahis designated and actual post of duty: Provided, That of the sum hereby appropriated not exceeding seven thousand dollars may be expended for personal services in the District of Columbia. Supervision of All expenditures of money appropriated herein for xpenditures. school purposes in Alaska shall be under the supervision and direction of the Commissioner of Education and in conformity with such conditions, rules, and regulations as to conduct and methods of instruction and expenditure of money as may from time to time be recommended by him and approved by the Secretary of the Interior. Reindeer. Reindeer for Alaska: For the support of reindeer stations in Alaska, and for the instruction of Alaskan natives in the care and management of the reindeer, twelve thousand dollars. Protection of Protection of game in Alaska: For carrying out the game provisions of an Act approved May eleventh, nineteen hundred and eight, entitled "An Act for the protection of game in Alaska, and for other purposes," including salaries, travelling expenses of game wardens, and al other necessary expenses, fifteen thousand dollars, to be expended under the direction of the governor of Alaska. Ingi r traffic. or the suppression of the traffic in intoxicating liquors among the natives of Alaska, to be expended under the direction of the Secretary of the Interior, twelve thousand dollars. * * * - * ALASKA. 37 DEPARTMENT OF JUSTICE. * * * * * MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * * * * The disbursing clerk of the Department of Justice is Advic bc disbursing clerk authorized to take credit in his accounts for advances allowed. made by him from the foregoing appropriation by order of the Attorney General. Incidental expenses, District of Alaska: For furniture, IAlasa efuel, books, and other incidental expenses, for the offices penses. of the marshals and attorneys, six thousand dollars. Traveling expenses, District of Alaska: For the actual Travelng exand necessary expenses of the judges and clerks in the District of Alaska when traveling in the discharge of their official duties, six thousand dollars. * * * * * JUDICIAL. UNITED STATES COURTS. * * * * * (Court expenses in Alaska. See p. 530.) * * * * * For payment of such miscellaneous expenses as may be eMscellaneous authorized by the Attorney General, for the United exe. States courts and their officers, four hundred and fifty thousand dollars: Provided, That in so far as it may be Plas,. deemed necessary by the Attorney General, this appropriation shall be available for such expenses in the District of Alaska. * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. *. * * * * Lincoln Rock Light Station, Alaska: For rebuilding Alnsoln Rock, and improving the present light and fog signal at Lincoln Light, etc., sta Rock Alaska, on the present or an adjacent site, twenty- tion. five thousand dollars. * * * * * Aids to navigation, Alaska: For establishing additional Alaska. aids to navigation in Alaskan waters, sixty thousand dol- tion. lars. * * * * * BUREAU OF FISHERIES. * *i * * * Yes Bay (Alaska) Hatchery: Superintendent, one re BY ay. thousand five hundred dollars; foreman, one thousand two hundred dollars; two skilled laborers, at nine hun 38 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dred and sixty dollars each; three laborers, at nine hundred dollars each; cook, nine hundred dollars; in all, eight thousand two hundred and twenty dollars. A Ak gn a k, Afognak (Alaska) Station: Superintendent, one thousand five hundred dollars; foreman, one thousand two hundred dollars; two skilled laborers, at nine hundred and sixty dollars each; three laborers, at nine hundred dollars each; cook, nine hundred dollars; in all, eight thousand two hundred and twenty dollars. * * * * * AiDskiisiheienof Division of Alaska Fisheries: Chief of division, three salaries. thousand five hundred dollars; assistant, one thousand eight hundred dollars; clerk of class two, one thousand four hundred dollars; clerk of class one, one thousand two hundred dollars; clerk, nine hundred dollars; agent, Fur-seal fisher- fur-seal fisheries, three thousand six hundred and fifty l. dollars; assistant agent, fur-seal fisheries, two thousand nine hundred and twenty dollars; two assistant agents, fur-seal fisheries, at two thousand one hundred and ninety dollars each; naturalist, fur-seal fisheries, three thousand dollars; janitor service, fur-seal fisheries, four hundred and eighty dollars; two physicians, Pribilof Islands, at one thousand two hundred dollars each; two school-teachers, Pribilof Islands, at one thousand two hundred dollars each; storekeeper, Pribilof Islands, one salmon fisher- thousand eight hundred dollars; agent, Alaska salmon fisheries, two thousand five hundred dollars; inspector, Alaska salmon fisheries, one thousand eight hundred dollars; assistant agent, Alaska salmon fisheries, two thousand dollars; assistant agent, Alaska salmon fishWardens. eries, one thousand eight hundred dollars; warden, Alaska Service, one thousand two hundred dollars; four deputy wardens, Alaska Service, at six hundred dollars each; in all, forty-one thousand five hundred and thirty dollars. Alaska Fisher- Alaska Fisheries Service: For protecting the seal les Service. Protecting seal fisheries of Alaska, including the furnishing of food, fisderie n fuel, and clothing and other necessities of life to the Food to natives, etc. natives of the Pribilof Islands, Alaska, transportation of supplies to and from the islands, expenses of travel of agents and other employees, purchase, hire, and maintenance of vessels, including crews for same, and for all other expenses necessary to carry out the provisions of the Act of April twenty-first, nineteen hundred and ten, entitled "An Act to protect the seal fisheries of Alaska and for other purposes; and for the protection of the Salmon flbh- salmon fisheries of Alaska, including travel, hire of boats, employment of temporary labor, and all other necessary expenses connected therewith," one hundred thousand dollars, to be immediately available. * ** * t ALASKA. 39 UNDER LEGISLATIVE. Alaskan Investigation: To defray the expenses of a tiAlsk inves joint committee to consist of five Members of the Senate Joint commit and five Members of the House of Representatives, who teauthorized. shall be appointed five by the presiding officer of the Senate and five by the Speaker of the House of Representatives, ten thousand dollars, and said committee shall make an investigation into the existing conditions in the Territory of Alaska and report upon the same at the next regular session of Congress, with recommendations for such legislation as may be deemed necessary, the said sum to be disbursed by the Secretary of the Senate upon vouchers to be approved by the chairman of the committee. * * * * * RESOLUTION. [No. 2.] Joint Resolution Making appropriations for the payment Apr. 23, 1909. of certain expenses incident to the first session of the Sixty-first Con- [I. J. Res. 45.] gress. I Pul). res., No. 2. ] (For statonery for Delegate from Alaska. See p. 376.) t, p. 182. I I I ARMY AND NAVY. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 7.-An Act Making appropriations to supply urgent defi- Aug. 5, 1909. ciencies in appropriations for the fiscal year nineteen hundred and I. 11570.1 nine, and for other purposes. [Public, No. 6.] 36 Stat. L., pt Be it enacted by the Senate and IIouse of Representatives P of the United States of America in Congress assembled, That the following sums be, and are hereby appropriated, Urgent defiout of any money in the Treasury not otherwise appro- cpreis. appr priated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes, namely: * * * * * WAR DEPARTMENT. * * * * * MILITARY ESTABLISHMENT. * * * * * The accounting officers of the Treasury are hereby Organized miliauthorized and directed to credit in the accounts of the Credit in acdisbursing officers of the several States, Territories, and c ttS k sati the District of Columbia such amounts as have been, or pating in Army may be, disallowed in their accounts for payments hereto- mave fore made by them on account of the participation of the organized militia in the encampments, maneuvers, and field instruction of the Regular Army, under the provisions of section nine of the Act of Congress approved May twenty-seventh, nineteen hundred and eight, entitled "An Act to further amend the Act entitled 'An Act to promote the efficiency of the militia, and for other purposes,' approved January twenty-first, nineteen hundred and three." * * * * * 41 SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 25, 1910. CHAP. 62.-An Act Making appropriations to supply urgent defi[H. R. 18282.] ciencies in appropriations for the fiscal year nineteen hundred and [Public, No.62.] ten, and for other purposes. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, cigent dpe-'lThat the following sums be, and they are hereby, appropriations. priated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * MILITARY ESTABLISHMENT. Signal service. OFFICE OF THE CHIEF SIGNAL OFFICER. canadia de- Reimbursement Canadian department of public works: partment of pubHc works. To authorize the officer in charge of the WashingtonRnimburse Alaska military cable and telegraph system to reimburse the Canadian department of public works from receipts of the Washington-Alaska military cable and telegraph system on account of telegraphic transfer business with the Dominion government telegraph system at International Boundary, Alaska, eighty-two dollars and thirty-nine cents. * * * * * NAVAL ESTABLISHMENT. Pearl^iHarbor Naval station, Pearl Harbor, Hawaii: Toward dredgHawat. ' ing an entrance channel of a depth of thirty-five feet, three hundred thousand dollars. * * * * * JUDGMENTS, COURT OF CLAIMS. (Awards extra pay volunteers, war with Spain; Judgment in favor of State of Mississippi for expenses incurred in raising troops war with Spain; Award to Swift & Co. for beeffurnished Army in Cuba. See p. 82.) Mar. 8, 110. CHAP. 88.-An Act To modify the one hundred and twenty[H. R. 13410.] second and one hundred and twenty-fourth articles of war, and to [Public, No. 80.] repeal the one hundred and twenty-third article of war. 36 Stat. L., pt. 1, p. 2 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 42 ARMY AND NAVY. 43 That the one hundred and twenty-second and one hun- Army. Articles of war. dred and twenty-fourth articles of war be, and hereby R. S., sec. 1342 are, modified to read as follows: p. 241, amended. "ART. 122. If, upon marches, guards, or in quarters, Comme ndt different corps of the army happen to join or do duty corps happen to together, the officer highest in rank of the line of the Josition of orArmy, Marine Corps, organized militia, or volunteers, by ganzed mitia. commission, there on duty or in quarters, shall command the whole, and give orders for what is needful in the service, unless otherwise specially directed by the President, according to the nature of the case." * * * * * "ART. 124. Officers of the organized militia of the sev- iak of oirgan eral States, when called into the service of the United cersondutywith States, shall on all detachments, courts-martial, and other forces. other duty, wherein they may be employed in conjunction with the regular or volunteer forces of the United States, take rank next after all officers of the like grade in said regular forces, and shall take precedence of all officers of volunteers of equal or inferior rank, notwithstanding the commissions of such militia officers may be older than the commissions of the said officers of the regular forces of the United States." SEC. 2. That the one hundred and twenty-third article icrank, etc. reof war be, and hereby is, repealed. pealed. CHAP. 115.-An Act Making appropriation for the support of the Mar. 23, 1flM. army for the fiscal year ending June thirtieth, nineteen hundred [H R. 34 and eleven.!Public. No. 102. 36 Stat. L.. pt Be it enacted by the Senate and House of Representatives 243 of the United States of America in Congress assembled, that the following sums be, and they are hereby, appro- Army appro priated, out of any money in the Treasury not otherwise pato appropriated, for the support of the army for the year ending June thirtieth, nineteen hundred and eleven: OFFICE OF THE CHIEF OF STAFF. * * * * * CONTINGENCIES, MILITARY INFORMATION SECTION, Contingent exGENERAL STAFF CORPS: For contingent expenses of theenes military information section, General Staff Corps, including the purchase of law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attaches at the United States embassies and legations abroad; and of the branch office of the military information section at Manila, to be expended under the direction of the Secretary of War, ten thousand dollars: Provided, That section thirty-six hun- Procodred and forty-eight, Revised Statutes, shall not apply R. S., sec. 3648 to subscriptions for foreign and professional newspapers p 718. and periodicals to be paid for from this appropriation. * * * * * 44 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. OFFICE OF THE CHIEF SIGNAL OFFICER. * * * * * Washaington- WASHINGTON-ALASKA MILITARY CABLE AND TELEAlaska cable, etc. Extensions, etc. GRAPH SYSTEM: For defraying the cost of such extensions and betterments of the Washington-Alaska military cable and telegraph system as may be approved by the Secretary of War, to be available until the close of the fiscal year nineteen hundred and twelve from the receipts of the Washington-Alaska military cable and telegraph system that have been covered into the Treasury of the United States, the extent of such extensions and the cost thereof to be reported to Congress by the Secretary of War, seventy-five thousand dollars. * * * * * PAY OF ENLISTED MEN. * Proviso. Horseshoers and farriers. * * * * Provided, That one of the two "blacksmiths and farriers" now authorized by law for each troop of cavalry shall hereafter be designated as "horseshoer" and receive the pay of a sergeant of cavalry, and the other shall hereafter be designated as "farrier and receive the pay of a corporal of cavalry; and that one of the "mechanics" now authorized by law for each battery of field artillery shall hereafter be designated as "horseshoer" and receive the pay of a sergeant of artillery. * * * * * FOR PAY OF OFFICERS OF THE STAFF CORPS AND STAFF DEPARTMENTS. * * * * * Additionalas- The Secretary of War is hereby authorized to detail ized. one additional officer of the army as assistant to the Chief of the Bureau of Insular Affairs, under the same provisions of law in regard to the vacancy in the line thus created and return to the line as govern in the case of the assistant authorized by the Act of March second, nineteen hundred and seven; and the assistant herein authorized while serving in this capacity shall have the Rank, pay, andrank, pay, and allowances of colonel; and both officers lowance. detailed in the Bureau of Insular Affairs shall hereafter itle of officers. be designated, while on this duty, as assistants to the chief of the bureau. * MISCELLANEOUS. * * * * * * * Pa y esta For pay of one hundred nurses (female), sixty-seven thousand eight hundred and eighty dollars; and the Superintendent and members of the Female Nurse Corps shall hereafter be paid at the following rates: Superintendent Nurse Corps, one thousand eight hundred dollars ARMY AND NAVY. 45 per annum; female nurses, fifty dollars per month for the first period of three years' service; fifty-five dollars per month for the second period of three years' service; sixty dollars per month for the third period of three years' service; and sixty-five dollars per month after nine years' service in said Nurse Corps; and all female nurses shall hereafter be entitled, in addition to the rates of pay as herein provided, to ten dollars per month when serving beyond the limits of the States comprising the Union and the Territories of the United States contiguous thereto (excepting Porto Rico and Hawaii), and to cumulative leCueatisen u leave of absence with pay at the rate of thirty- days for s ofbsece. each calendar year of service in said corps; and when serving as chief nurses their pay may be increased by authority of the Secretary of War, such increase not to exceed thirty dollars per month; and the superintendent Allowances to shall be entitled to the same allowances, when on duty, as the members of the Nurse Corps. For extra pay to enlisted men of the line of the army Extra p a y and to enlisted men of the Signal Corps employed in the a e, Territory of Alaska on the Alaskan cable and telegraph system, for periods of not less than ten days, at the rate of thirty-five cents per day, thirty-six thousand dollars. * * * * * For amount required to make monthly payment to Jennie Carroll. Jennie Carroll, widow of James Carroll, late major and surgeon, United States Army, as per Act of Congress approved May twenty-third, nineteen hundred and eight, one thousand five hundred dollars. For amount required to make monthly payment to Mabel H. Lazear, widow of Jesse W. Lazear, late acting M a b e I a assistant surgeon, United States Army, as per Act of Congress approved May twenty-third, nineteen hundred and eight, one thousand five hundred dollars. For Porto Rico Regiment of Infantry, composed of two Rgimento Rif Io battalions of four companies each: fantry. Pay of officers, sixty-five thousand seven hundred Officrs. dollars. For additional pay for length of service, nine thousand Longevit. one hundred dollars. Pay of enlisted men, one hundred and twenty-nine Enlisd men. thousand and twenty-four dollars. Additional pay for length of service, twenty-nine.thou- Longevit. sand nine hundred and twenty-five dollars. PHILIPPINE SCOUTS. For pay of fifty-two captains, one hundred and twenty- Officers four thousand eight hundred dollars. For pay of sixty-three first lieutenants, one hundred and twenty-six thousand dollars. 46 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. For pay of sixty-three second lieutenants, one hundred and seven thousand one hundred dollars. For pay of eleven majors, in addition to pay as captain, six hundred dollars each, six thousand six hundred dollars. Longevity. Additional pay for length of service, eighty thousand dollars. Enlisted men. For pay of enlisted men, six hundred and twelve thousand nine hundred and fifty dollars and forty cents. For additional pay for length of service, fifty thousand dollars. * * * * * QUARTERMASTER'S DEPARTMENT. REGULAR SUPPLIES: * * *; for the construction, operation, and maintenance of laundries at military posts in the United States and its island possessions; * * *. * * * * * Ships, boats, Transportation of the Army and Its Supplies: etc. * * * for the purchase and repair of ships, boats, and other vessels required for the transportation of troops and supplies and for garrison purposes; for expenses of sailing public transports and other vessels on the various rivers, the Gulf of Mexico, and the Atlantic and Pacific oceans: Priviles n Provided, That when, in the opinion of the Secretary of christan Asso- War, accommodations are available, transportation on ciation. vessels of the army transport service may be furnished the secretaries and supplies of the army and navy deTransportation partment of the Young Men's Christian Association: to Guanprtaton Provided, further, That when there is cargo space available without displacing military supplies, transportation may be provided for merchandise of American production consigned to residents and mercantile firms of the island of Guam, rates and regulations therefor to be preRHarbor boats, scribed by the Secretary of War; and for the purchase and repair of harbor boats, and repair of boats for the seacoast artillery service, eleven million eight hundred and fifty thousand four hundred and eighty-five dollars feIga" travyns- dollars and seventy cents. Authority is hereby granted the Secretary of War to transfer to the Navy Department the United States Army transport Ingalls. Military an d CONSTRUCTION AND MAINTENANCE OF MILITARY AND post roads, etc. POST ROADS, BRIDGES, AND TRAILS, ALASKA: For the construction and maintenance of military and post roads, bridges, and trails, in the district of Alaska, to be expended under the direction of the board of road commissioners described in section two of an Act entitled "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes," approved January twenty-seventh, nineteen hundred and five, and to be expended conformably to the provisions of said Act one hundred thousand dollars, to remain available until the ARMY AND NAVY. 47 close of the fiscal year ending June thirtieth, nineteen hundred and twelve. BARRACKS AND QUARTERS, PHILIPPINE ISLANDS: Con- Philppine Isltinuing the work of providing for the proper shelter and Barracks and protection of officers and enlisted men of the army of the quarters United States lawfully on duty in the Philippine Islands, including repairs and payment of rents, the acquisition of title to building sites, and such additions to existing military reservations as may be necessary, and including also shelter for the animals and supplies, and all other buildings necessary for post administration purposes, three hundred and seventy-five thousand dollars: Pro- PrtiO on vided, That no part of said three hundred and seventy- amount for ofifive thousand dollars shall be expended for the construe- cers quarters. tion of quarters for officers of the army, the total cost of which, including the heating and plumbing apparatus, wiring and fixtures, shall exceed in the case of quarters of a general officer the sum of twelve thousand dollars; of a colonel or officer above the rank of captain, ten thousand dollars; and of an officer of and below the rank of captain, six thousand dollars * * * * * MEDICAL DEPARTMENT. CARE OF INSANE FILIPINO SOLDIERS: For the care, Phlippine Islmaintenance, and treatment at asylums in the Philip- care of insane pine Islands of insane natives of the Philippine Islands native soldiers. cared for in such institutions conformably to the Act of Congress approved May eleventh, nineteen hundred and eight, three thousand dollars. ENGINEER DEPARTMENT. CONTINGENCIES, ENGINEER DEPARTMENT, PHILIPPINE Philippine Is ISLANDS: For contingent expenses incident to the opera- Contingencies. tions of the Engineer Department in the Philippine Islands, to be expended at the discretion of the Secretary of War, five thousand dollars. ORDNANCE DEPARTMENT. 2* * * * * - MANUFACTURE OF ARMS: For manufacturing, repair- Manufacturing ing, procuring, and issuing arms at the national armories, one million dollars: Provided, That the Secretary of Provio. War is hereby authorized to sell, at the prices fixed and peSttedS Cuba published by the Chief of Ordnance, to the Government of Cuba, for the use of its organized troops, not to exceed ten thousand United States magazine rifles of the present service model, with arm chests, arm racks, appendages, 28872~-S. Doc. 306, 62-2 -6 48 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. bayonets, and gun slings therefor, and such quantities of spare parts for the rifles, and of bayonet scabbards, articles of cavalry-horse equipment, and the present ordnance equipment of the soldier as may be desired by that Government for the equipment of its troops. Ordnance con- Ordnance contracts: Hereafter whenever contracts tracts. Writing re- which are not to be performed within sixty days are made quired. on behalf of the Government by the Chief of Ordnance, or by officers under him authorized to make them, and are in excess of five hundred dollars in amount, such contracts shall be reduced to writing and signed by the contracting parties with their names at the end thereof. In all other cases contracts shall be prepared under such regulations as may be prescribed by the Chief of Ordnance. Apr. 12, 1910. CHAP. 157.-An Act To reorganize and enlist the members of the [H. R-.89-] United States Naval Academy Band. [Public, No. 131.],36 St7. L., pt. Be it enacted by the Senate and House of Representatives Naval Acad- of the United States of America in Congress assembled, That emnd reorgan- the Naval Academy Band shall consist of one leader, who ized. shall have the pay and allowance of a second lieutenant in the Marine Corps; one second leader, with pay at the rate of fifty dollars per month; twenty-nine musicians, first class, and eleven musicians, second class; and shall be paid from " Pay of the navy." E n 1 i stment, SEC. 2. That the members of the Naval Academy Band etc. as now organized shall be enlisted in the navy and credited with all prior service of whatever nature as members of said band, as shown by the records of the Naval Academy and the pay rolls of the ships and academy; and the said leader and the enlisted musicians of the band shall be entitled to the same benefits in respect to pay, emoluments, and retirement arising from longevity, reenlistment, and length of service as are, or may hereafter become, appliProback pay, cable to other enlisted men of the navy: Provided, That etc. no back pay shall be allowed to the leader or to any member of the said band by reason of the passage of this act. Apr. 19,1910. CHAP. 174.-An Act Making appropriations for the support of the [H. R. 20579.] Military Academy for the fiscal year ending June thirtieth, nineteen [Public, No. 139.] hundred and eleven, and for other purposes. 36 Stat. L., pt. 1, p. 312. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Military Aad- That the following sums be, and the same are hereby, aptions. propriated, out of any money in the Treasury not otherwise appropriated, for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and eleven. * ** * * ARMY ANDT NAVY. 49 The Secretary of War is hereby authorized to permit yJan Totrelln Mr. Juan Torroella y Rooney, of Cuba, to receive instruc- Admitted f o l lion at the Military Academy at West Point: Provided, insrOion. T'hat no expense shall be caused to the United States No expense. thereby, and that the said Juan Torroella y Rooney shall agree to comply with all regulations for the police and discipline of the academy to be studious, and to give his utmost efforts to accomplish the courses in the various departments of instruction: And provided further, That icathand. in the case of the said Juan Torroella y Rooney the pro- R.S., ses. 1320 visions of sections thirteen hundred and twenty and 1321, p. 227. thirteen hundred and twenty-one of the Revised Statutes shall be suspended. The consent of Congress is hereby granted to the accept- p u b a a n d Panama. ance by officers of the army, in the discretion of the Presi- Details of offi. dent, of such military details under the Governments of cersunder. Cuba and Panama as may be requested by the Presidents of these Republics: Provided, That such details shall not Limrito. exceed five in number: And provided further, That no Restriction on officer so detailed shall receive any present, emolument, pay, etc. office, or title of any kind whatever from the Government of Cuba or Panama. Hereafter in administering the Act of Congress ap- vountsf deproved February twenty-fourth, eighteen hundred and partment as to ninety-seven, entitled "An Act to provide for the relief of conclusive. certain officers and enlisted men of the volunteer forces," the decision of the War Department as to the right of any person to be held and considered to have been mustered into the service of the United States under the provisions of said Act shall be conclusive, and no claims shall be allowed or considered under said Act after the first day of January, nineteen hundred and eleven. CHAP. 185.-An Act To further amend the Act entitled "An Act Apr. 21 1910. to promote the efficiency of the militia, and for other purposes," ap- [. R. 22846-. proved January twenty-first, nineteen hundred and three. [Public, No. 148.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, that section fifteen of the Act entitled "An Act to pro- Militia mote the efficiency of the militia, and for other purposes," approved January twenty-first, nineteen hundred and three, as amended by the Act entitled "An Act to further amend the Act entitled 'An Act to promote the efficiency of the militia, and for other purposes,' approved May twenty-seventh, nineteen hundred and eight," be, and the same is hereby, amended so as to read as follows: "SEc. 15. That the Secretary of War is authorized to in rticipaton. * <...* r,in Army maneuprovide for participation by any part of the organized vers, etc. militia of any State, Territory, or the District of Columbia, lumbia added. on the request of the governor of a State or Territory, or the commanding-general of the militia of the District of Columbia, in the encampments, maneuvers, and field in 50 IAWS RELATING TO INSULAR AND MILITARY AFFAIRS. struction of any part of the Regular Army at or near any military post or camp or lake or sea-coast defenses of the Pay.' United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and Army nappr men of the Regular Army, and no part of the sums approbe used. priated for the support of the Regular Army shall be used to pay any part of the expenses of the organized militia of any State or Territory or the District of Columbia, while engaged in joint encampments, maneuvers, and field inPtsef anualstruction of the Regular Army and militia: Provided, allotment to That the Secretary of War is authorized, under requisiStates,etc. tion of the governor of a State or Territory or the commanding-general of the militia of the District of Columbia, to pay to the quartermaster-general, or such other officer of the militia as may be duly designated and appointed for the purpose, so much of its allotment, under the annual appropriation authorized by section sixteen hundred R. s., sec. i66, and sixty-one, Revised Statutes, as amended, as shall be p 290. necessary for the payment, subsistence, transportation, and other expenses of such portion of the organized militia as may engage in encampments, maneuvers, and field instruction with any part of the Regular Army at or near any military post or camp or lake or sea-coast defenses of Statement of the United States, and the Secretary of War shall forward expenses to Congress, at each session next after said encampments, a detailed statement of the expense of such encampments Regular Ay and maneuvers: Provided, That the command of such officer to retain command. military post or camp and the officers and troops of the United States there stationed shall remain with the regular commander of the post without regard to the rank of the commanding or other officers of the militia temporarilv so encamped within its limits or in its vicinity: PromRiht to corm. idedfurther, That except as herein specified the right to man, et command during such joint encampments, maneuvers, and field instruction shall be governed by the rules set out in Articles One hundred and twenty-two and One hundred and twenty-four of the rules and articles for the government of the armies of the United States." May O, e101. CHAP. 217.-An Act Providing for the raising of the United States [H.R.23_2.f battle ship Maine, in Habana Harbor, and to provide for the inter(Public, No. 109.] ment of the bodies therein. 36 Stat. L., pt., 353. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Battle sh i That the Secretary of War and the Chief of Engineers are Wreck to be hereby authorized and directed to provide with all conramob edH borm venient speed for the raising or the removal of the wreck Interment o f of the United States battle ship Maine from the harbor of bodies, z Habana, Cuba, and for the proper interment of the bodies therein, in Arlington Cemetery; and the Secretary of War is authorized and directed to remove the mast of the ARMY AND NAVY. 61 wreck of said battle ship Maine and place the same upon a proper foundation in Arlington National Cemetery at or near the spot where the bodies of those who died through such wreck are interred: Provided, however, That the con- OSot from sent in proper form of the Republic of Cuba shall be first Cuba. obtained. The sum of one hundred thousand dollars is Appropition hereby appropriated, out of any money in the Treasury not otherwise appropriated, on account of the work herein authorized. CHAP. 312.-An Act Providing for the retirement of certain June 22, 1910. medical officers of the army. [. 1021.] [Public, No. 221.] 36 Star. L., pt. Be it enacted by the Senate and House of Representatives, p. 80. p of the United States of America in Congress assembled, That any officer of the Medical Reserve Corps who shall Army. have reached the age of seventy years, and whose total serve Corps. active service in the Army of the United States. regular age, etc. or volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man in the war of the rebellion, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the army with the rank, pay, and allowances of a first lieutenant. CHAP. 361.-An Act Making appropriations for fortifications and June 23, 1910. other works of defense, for the armament thereof, for the procure- [H- R. 17500.] ment of heavy ordnance for trial and service, and for other purposes. [Public, No. 247.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives. 5 of the United States of America in Congress assembled, That the sums of money herein provided for be, and the Fortification same are hereby, appropriated, out of any money in the appropriations Treasury not otherwise appropriated, to be available until expended, namely: FORTIFICATIONS IN INSULAR POSSESSIONS. ENGINEER DEPARTMENT. For construction of seacoast batteries, as follows: Philippine IsIn the Philippine Islands, eight hundred thousand dol- c batlars: Provided, That contracts may be entered into,under teries. the direction of the Secretary of War, for materials and contracts. work for construction of seacoast batteries in the Philippine Islands, to be paid for as appropriations may from time to time be made by law, for an additional sum not to exceed four hundred and nineteen thousand dollars. For installation of light and power plants at tho.defenses of the following localities: Electric plants. In the Philippine Islands, forty-five thousand dollars. For purchase and installation of searchlights for the defenses of most important harbors, as follows: Seajchlights 52 IAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In the Philippine Islands, one hundred and thirty-nine thousand dollars. Preservation, For protection, preservation, and repair of fortifications at the following localities: In the Philippine Islands, seven thousand dollars. urTpedo struc- For preservation and repair of structures erected for torpedo defense at the following localities: In the Philippine Islands, one thousand dollars. er antsgpow- For tools, electrical and other supplies and appliances, to be furnished by the Engineer Department for the use of the troops for maintaining and operating gun and mortar batteriesIn the Philippine Islands, two thousand five hundred dollars. * * * * * June 24,1910. CHAP. 378.-An Act Making appropriations for the naval service [H. R. 23311 for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public, No. 261.] and for other purposes. 36 Stat. L., pt., p. 605. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Naval service That the following sums be, and they are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and eleven, and for other purposes. * * * * * PAY OF THE NAVY. * * * * * lpaymasters' The provision of the Act approved May thirteenth, nineteen hundred and eight, entitled "An Act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and nine," relating to the pay of paymasters' clerks, is hereby amended so as to read as follows: Pay and allow- "All paymasters' clerks shall, while holding appointRetired pay, ment in accordance with law, receive the same pay and etc. allowances and have the same rights of retirement as warrant officers of like length of service in the navy." NurseCorps(fe- The Secretary of the Navy is authorized, in his discrem)ommutation tion, to allow members of the Nurse Corps (female) of the ofuament ae - navy fifteen dollars per month in lieu of quarters when lowea. government quarters are not available, and that the accounting officers of the Treasury are hereby authorized and directed to allow in the accounts of disbursing officers of the navy all payments heretofore made by them in accordance with orders of the Secretary of the Navy for commutation of quarters to members of the Nurse Corps (female) of the navy at the rate herein specified: ARMY AND NAVY. PAY MISCELLANEOUS. CONTINGENT, NAVY: For all emergencies and extraordi- contingent. nary expenses, exclusive of personal services in the Navy Department, or any of its subordinate bureaus or offices at Washington, District of Columbia, arising at home or abroad, but impossible to be anticipated or classified, to be expended on the approval and authority of the Secretary of the Navy, and tor such purposes as he may deem proper, seventy-six thousand dollars: Provided, That the Prois' emaccounting officers of the Treasury are hereby authorized ployees. and directed to allow, in the settlement of accounts of disbursing officers involved, payments made under the appropriation "Contingent, navy,".to civilian employees appointed by the Navy Department for duty in and serving at naval stations maintained in the island possessions acEstabishing during the fiscal year nineteen hundred and eleven. cost of. The pay and allowances of chiefs of bureaus of the Navy Chiefs of buDepartment shall be the highest shore-duty pay and allow- Pay, etc. ances of the rear-admiral of the lower nine; and all offi- afana 3 yeatc cers of the navy who are now serving or shall hereafter servic6e serve as chief of bureau in ths Navy Department and are eligible for retirement after thirty years' service, shall have, while on the active list, the rank, title, and emoluments of a chief of bureau, in the same manner as is already provided by statute law for such officers upon retirement by reason of age or length of service, and such officers, after thirty years' service, shall be entitled to and shall receive new commissions in accordance with the rank Commissions. and title hereby conferred. BUREAU OF EQUIPMENT. DISTRIBUTION OF DUTIES: * * * And provided Detail of line under staff offlfurther, That line officers may be detailed for duty under cers. staff officers in the manufacturing and repair departments of the navy-yards and naval stations, and all laws or parts of laws in conflict herewith are hereby repealed. BUREAU OF YARDS AND DOCKS. * * * * * NAVAL STATION, PEARL HARBOR, HAWAII: Dredging, Peaal Harbor, one million five hundred thousand dollars; dry dock (limit of cost is hereby increased to two million seven hundred thousand dollars), to continue, one million dollars; in all, two million five hundred thousand dollars. The Secretary of the Navy is hereby authorized to utilize toward yard development of the naval station, Pearl Harbor, Hawaii, the sum of thirty-five thousand 54 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dollars appropriated by the Act of June twenty-ninth, nineteen hundred and six, for the reclamation of that portion of the naval station, Honolulu, Hawaii, known as The Reef." Floating crane. FLOATING CRANE: One one-hundred-ton floating crane (to cost not exceeding two hundred and fifty thousand dollars), one hundred and twenty-five thousand dollars. for use at Pearl Harbor, Hawaii. * * * * * PUBLIC WORKS UNDER THE SECRETARY. * * * * * Guam.et of BUILDINGS FOR LEPERS, ISLAND OF GUAM: Naval stalepem tion, island of Guam: Maintenance and care of lepers and other special patients, fourteen thousand dollars; in all, fourteen thousand dollars. * * * * * PUBLIC WORKS, BUREAU OF ORDNANCE. * * * * * Olongapo P. I. NAVAL MAGAZINE, OLONGAPO, PHILIPPINE ISLANDS: Naval magazine. For naval magazine, Olongapo, Philippine Islands: One storehouse, one magazine, and one fuse house, eight thousand eight hundred dollars. * * * * * MARINE CORPS. PAY OF CIVIL FORCE: * * * In the office of the assistant quartermaster, Washington, District of Columbia, or San Francisco, California: Two clerks, at one thousand four hundred dollars each; one clerk, for duty in the Philippine Islands in the Quartermaster's Department, at one thousand four hundred dollars. Pavration or PROVISIONS, MARINE CORPS: * * * Provided, howcommutation. ever, That when it is impracticable or the expense is found greater to supply marines serving on shore duty in the island possessions and on foreign stations with the army ration, such marines may be allowed the navy ration or commutation therefor. Repairs of bar- FOR REPAIRS OF BARRACKS, MARINE CORPS: Repairs and improvements to barracks and quarters at * *; Sitka, Alaska; and Isthmus of Panama; for the renting, leasing, improvement, and erection of buildings in Porto Rico, the Territory of Hawaii, the Philippine Islands, at Guam, * * * and at such other places as the public exigencies require: ARMY AND NAVY. 55 CHAP. 384.-An Act Making appropriations for sundry civil ex- June 25, 1910. penses of the Government for the fiscal year ending June thirtieth, [1H R.25552] nineteen hundred and eleven, and for other purposes. [Public, No. 266.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1 of the United States of America in Congress assembled, That the following sums be, and the same are hereby, e Sundry civit xpenses, approappropriated, for the objects hereinafter expressed, for priations. the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: * * * * * UNDER THE WAR DEPARTMENT. UNDER QUARTERMASTER'S DEPARTMENT. * * *:* * Replacing barracks and quarters, Philippine Islands: laPilppne Is To provide shelter and protection for officers and enlisted Replacing quarmen of the army, including buildings for offices and stor- ters destroyed by age of supplies, in lieu of the buildings at Camp Bumpus, destroyed by typhoon November sixth, nineteen hundred and nine, and at Camp Keithley, destroyed by fire March fourth, nineteen hundred and ten, two hundred and fifty thousand dollars. Seacoast defenses, Philippine Islands and Hawaii: For PhiliasPie Iscontinuing the construction of the necessary accommoda- Seacoast de tions for the seacoast artillery in Philippine Islands and fnses. Hawaii, three hundred and seventy-five thousand dollars. Cavalry post, Hawaii Territory: For continuing the aawali. Cavalry post, construction of the officers' quarters, barracks, store- quarters etc. houses, and so forth, necessary for the accommodation of headquarters and two squadrons of cavalry, a contract is hereby authorized to be entered into, in addition to the appropriation of two hundred thousand dollars heretofore made, not to exceed four hundred thousand dollars, subject to appropriations to be made therefor by Congress. * * * * * Disposition of remains of officers, soldiers, civilian em- Ofiterentf o of remains of offiployees, and so forth: For the expenses of interment, or cers, soldiers, etc. of preparation and transportation to their homes or to such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, including acting assistant surgeons, and enlisted men of the army active list; for the expenses of interment, or of preparation and transportation to their homes, of the remains of civil employees of the army in the employ of the War Department who die abroad, inclusive of Alaska, or on army transports; for the expenses of removal of remains from abandoned posts abRemoned pfrom to permanent military posts or national cemeteries, including the remains of federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or 56 LAWS RELATITN TO INStTLA AND MILITARY AFFAIRS. shipment of the remains of officers or enlisted men of the army who die on the active list are borne by individuals, where such expenses would have been lawful claims Ret m b u diidagainst the Government, reimbursement to such indiuals. viduals may be made of the amount allowed by the Government for such services, to be paid out of the funds appropriated by this Act, but no reimbursement shall be made under this Act of such expenses incurred prior to the first day of July, nineteen hundred and ten, sixty-five thousand dollars. * * * * * Insane Podirt CARE OF INSANE SOLDIERS OF THE PORTO RICO REGIRican soldiers. Care, etc. MENT OF INFANTRY: For the care, maintenance, and treatment, at asylums in Porto Rico, of insane soldiers of the Porto Rico Regiment of Infantry, to be available to meet the expenses which have already been incurred during the present fiscal year and which may be incurred during the fiscal year ending June thirtieth, nineteen hundred and eleven, seven hundred and twenty dollars. * * * * * June 25, 1910. CHAP. 385.-An Act Making appropriations to supply deficien[. R. 26730.] cies in appropriations for the fiscal year nineteen hundred and ten, [Public, No. 267.] and for other purposes. 36 Stat. L., pt. 1, p. 774. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Deficiencies ap- the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: WAR DEPARTMENT. * * * * * MISCELLANEOUS OBJECTS. *,*.* * * Baittle ship Wreck of battle ship Maine: For additional amount for Removig,etc. the raising or the removal of the wreck of the battle ship weck n Habana Maine from the harbor of Habana in accordance with the provisions of the Act approved May tenth, nineteen hunred and ten, two hundred thousand dollars. * * * * * MILITARY ESTABLISHMENT. * * SIGNAL SERVICE. * * * * * * * Testern Union Reimbursement to the Western Union Telegraph ComTelegraph Company. pany: To reimburse the Western Union Telegraph Company, from receipts of the Washington-Alaska Military ARMY AND NAVY. 57 Cable and Telegraph System, for services in transmitting a guaranteed message from Fort Egbert, Alaska, to Christiania, Norway, seven hundred and fifty-five dollars and twenty-eight cents. * * * *. * NAVAL ESTABLISHMENT. * * * * * BUREAU OF YARDS AND DOCKS. For overhauling and repairing the dry dock Dewey at Dreydock the naval station, Olongapo, Philippine Islands, fifty thousand dollars. Naval station, island of Guam: For the completion of Guam. the water-supply system, five thousand dollars. CHAP. 393.-An Act For the relief of soldiers and sailors who June 25, 1910. enlisted or served under assumed names, while minors or otherwise, [H. R. 4301.] in the army or navy, during the war of the rebellion, the war with [Public, No. 275.]1 Spain, or the Philippine insurrection. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That A rm y an d the Act entitled "An Act for the relief of soldiers and sail- Discharge cerors who enlisted or served under assumed names, while tificates. minors or otherwise, in the army or navy, during the war of the rebellion," approved April fourteenth, eighteen hundred and ninety, be, and the same is hereby, amended to read as follows: That the Secretary of War and the Secretary of the Issued in true name, to persons Navy be, and they are hereby, authorized and required serving as minors to issue certificates of discharge or orders of acceptance of under assumed. resignation, upon application and proof of identity, in the true name of such persons as enlisted or served under assumed names, while minors or otherwise, in the army and navy during the war of the rebellion, the war with Spain, and ith Spain or the Philippine insurrection, and were honorably dis- pines added. charged therefrom. Applications for said certificates of discharge or amended orders of acceptance of resignation may be made by, or on behalf of, persons entitled to them; but no such certificate or order shall be issued where a Restriction. name was assumed to cover a crime or to avoid its consequence. SEC. 2. That the title of said act be amended so as to Title amended. read as follows: "An Act for the relief of soldiers and sailors who enlisted or served under assumed names, while minors or otherwise, in the army or navy, during the war of the rebellion, the war with Spain, or the Philippine insurrection." SIXTY-FIRST CONGRESS, THIRD SESSION. Feb. 13, 1911. CHAP. 43.-An Act To amend section one hundred and eighty[S. 4239.] three of the Revised Statutes. Public No. 347.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives oats in inves- of the United States of America in Congress assembled, That g. s sec. 183, section one hundred and eighty-three of the Revised p. 29, amended. Statutes of the United States be, and is hereby, amended so as to read as follows: Oaths to wit- "SEC. 183. Any officer or clerk of any of the departments lawfully detailed to investigate frauds on, or atcexecutive off- tempts t o defraud, the Government, or any irregularity cers may administer. or misconduct of any officer or agent of the United States, etAm, Navy and any offcer of the Army, Navy, Marine Corps or Revenue-Cutter Service, detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Revenue-Cutter Service board appointed for such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation." Feb. 15, 1911. CHAP. 83.-An Act Granting an annuity to John R. Kissinger. [S. 7252.] (Private, No. 200.] Be it enacted by the Senate and House of Representatives 2,36 St. L., pt. of the United States of America in Congress assembled, That sjohn R. Kis- the Secretary of War be, and he is hereby, authorized and Granted annu- directed to place on the rolls of the War Department the ity. name of John R. Kissinger, late of Company D, One hundred and fifty-seventh Regiment Indiana Volunteer Infantry, and also late of the Hospital Corps, United States Army, and pay to him for and during his natural life, in lieu of all pensions, the sum of one hundred dollars per month, in special recognition of the eminent service rendered, suffering endured, and permanent disabilities contracted by him in the interest of humanity and science as a volunteer subject for experiment in the yellow fever hospital in Cuba. Feb. 27,1911. CHAP. 166.-An Act Making appropriations for the construction, [H. R. 2832.] repair, and preservation of certain public works on rivers and harIPublic, No. 425.] bors, and for other purposes. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives River and har- of the United States of America in Congress assembled, That io. appropria- the following sums of money be, and are hereby, appropriated, to be immediately available, and to be expended 58 ARMY AND NAVY. 59 under the direction of the Secretary of War and the supervision of the Chief of Engineers for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * SEC. 5. That the Corps of Engineers of the United Army. corps States Army is hereby increased by five colonels, six increased. lieutenant colonels, nineteen majors, seventeen captains, and thirteen first lieutenants. The increase in each grade hereby provided for shall be extended over a period of fiExtended over five years as nearly as practicable, and the original vacan- Original vacancies hereby created in each grade shall be filled by pro- cies. motion from the next lower grade in accordance with existing law: Provided, That officers of the Corps of Provrio. Officers on river Engineers, when on duty under the Chief of Engineers, and harbor duty be paid from connected solely with the work of river and harbor t opriationfor improvements may, while so employed, be paid their pay the work. and commutation of quarters from the appropriations for the work or works upon which they are employed: Provided further, That whenever it shall be necessary, in Details of as-, " ',.i p i sistant engineers. order to properly prosecute works of river and harborss improvement, the Chief of Engineers is authorized to detail for duty in charge of river and harbor districts or as members of boards of engineers any assistant engineers in the employ of the Engineer Bureau of the War Department. Vacancies in the grade of second lieutenant in the. FillngvacanCorps of Engineers shall hereafter be filled, as far as may second lieutenbe consistent with the interests of the military service, anFrom Military by promotions from the Corps of Cadets at the United Academy. States Military Academy: Provided, That vacancies remaining in any fiscal year after the assignment of cadets of the class graduating in that fiscal year may be filled From civil life. from civil life as hereinafter provided: And provided further, That the proportion of any graduating class Assignment of assigned to the Corps of Engineers shall not be less than cadets. the proportion which the total number of officers authorized at date of graduation for that corps bears to the total number of officers authorized at same date for all branches of the Army to which cadets are eligible for promotion upon graduation, except when such a proportionate number is more than the number of vacancies existing at date of graduation plus the number of retirements due to occur in the Corps of Engineers prior to the first day of the following January. To become eligible for examina- a Eoilmyet tion and appointment, a civilian candidate for the from civil life. appointment as second lieutenant must be an unmarried citizen of the United States between the ages of twentyone and twenty-nine, who holds a diploma showing graduation in an engineering course from an approved technical school, and is eligible for appointment as a junior engineer under the Engineer Bureau of the War Department. Selection of eligible civilians for appointment, including term of probation, shall be made as the 60 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. result of such competitive examination into the mental, Examinations, moral, and physical qualifications, and under such rules etc. and regulations as shall be recommended by the Chief of Engineers and approved by the Secretary of War. Mar. 1, 1911. CHAP. 187.-An Act To protect the dignity and honor of the IH. R. 23015.] uniform of the United States. [Public, No. 436.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Uniforms of That hereafter no proprietor, manager, or employee of a United States. Punishment for theater or other public place of entertainment or amusediscriminations ment in the District of Columbia, or in any Territory, by theaters, etc., aminst wearers the District of Alaska or Insular possessions of the United States, shall make, or cause to be made, any discrimination against any person lawfully wearing the uniform of the Army, Navy, Revenue-Cutter Service or Marine Corps of the United States because of that uniform, and any person making, or causing to be made, such discrimination shall be guilty of a misdemeanor, punishable by a fine not exceeding five hundred dollars. Mar. 3,1911. CHAP. 209.-An Act Making appropriation for the support of the [H. R. 31237.] Army for the fiscal year ending June thirtieth, nineteen hundred and 'Public, No. 453.] twelve. 36 Stat. L., pt. i, p. 1037. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, pria. appr That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and twelve: OFFICE OF THE CHIEF OF STAFF. * * * * * Contingent ex- CONTINGENCIES, MILITARY-INFORMATION SECTION, GENpenses. ERAL STAFF CORPS: For contingent expenses of the military-information section, General Staff Corps, including the purchase of law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attaches at the United States embassies and legations abroad; and ofrthe branch office of the military-information section at Manila, to be expended under the direction of the Secretary of War, Perovisals. ten thousand dollars: Provided, That section thirty-six R. S., sec. 364, hundred and forty-eight, Revised Statutes, shall not p. 718. apply to subscriptions for foreign and professional newspapers and periodicals to be paid for from this appropriation. * * * * * ARMY AND NAVY. 61 OFFICE OF THE CHIEF SIGNAL OFFICER. * * * * * WASHINGTON-ALASKA MILITARY CABLE AND TELE- W a s h ington. Alaska cable, etc. GRAPH SYSTEM: For defraying the cost of such exten- Extensions,etc. sions and betterments of the Washington-Alaska military cable and telegraph system as may be approved by the Secretary of War, to be available until the close of the fiscal year nineteen hundred and thirteen from the receipts of the Washingtom-Alaska military cable and telegraph system that have been covered into the Treasury of the United States, the extent of such extensions and the cost thereof to be reported to Congress by the Secretary of War, one hundred and twenty-five thousand dollars. * * * * * PAY TO CLERKS, MESSENGERS, AND- LABORERS AT HEADQUARTERS OF DIVISIONS, AND DEPARTMENTS, AND POSTS COMMANDED BY GENERAL OFFICERS, AND OFFICE OF THE CHIEF OF STAFF. * * * * * Forty clerks, at one thousand four hundred dollars each per annum: Provided, That one of said clerks shall be employed as stenographer for the military information division in the Philippine Islands. * * * * * MISCELLANEOUS. * * * * * For extra pay to enlisted men of the line of the Army Alaska cable, and to enlisted men of the Signal Corps employed in the tc.,service. Territory of Alaska on the Alaskan cable and telegraph system, for periods of not less than ten days, at the rate of thirty-five cents per day, thirty-six thousand dollars. *. * * * * For payment of exchange by special disbursing agents cLoss by exof the Pay Department serving in foreign countries, and ge. when specially authorized by the Secretary of War special disbursing agents of the Pay Department serving in Alaska, six hundred dollars. * * * * * For amount required to make monthly payment to Jennie Carroll. Jennie Carroll, widow of James Carroll, late major and surgeon, United States Army, as per Act of Congress approved May twenty-third, nineteen hundred and eight, one thousand five hundred dollars. For amount required to make monthly payment to Mabe H. L&f Mabel H. Lazear, widow of Jesse W. Lazear, late acting assistant surgeon, United States Army, as per Act of Congress approved May twenty-third, nineteen hundred and eight, one thousand five hundred dollars. 62 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. oRgime to Rico For Porto Rico Regiment of Infantry, composed of two fantry. battalions of four companies each: Officers. Pay of officers, sixty-five thousand seven hundred dollars. Longevity. For additional pay for length of service, eleven thousand nine hundre dollars. Enlisted men. Pay of enlisted men, one hundred and thirty thousand two hundred and twenty-four dollars. Longevity. Additional pay for length of service, thirty-five thousand dollars. PHILIPPINE SCOUTS. Officers. For pay of officers: For fifty-two captains, one hundred and twenty-four thousand eight hundred dollars. For pay of sixty-four first lieutenants, one hundred and twenty-eight thousand dollars. For pay of sixty-four second lieutenants, one hundred and eight thousand eight hundred dollars. For pay of twelve majors, in addition to pay as captain, six hundred dollars each, seven thousand two hundred dollars. Longevity. Additional pay for length of service, eighty-nine thousand eight hundred and ten dollars. Enlisted men. For pay of enlisted men, five hundred and eighty-nine thousand five hundred and ninety-two dollars and forty cents. Longevity. For additional pay for length of service, sixty-five thousand dollars. Pay accounts. All the money hereinbefore appropriated for pay of the Army and miscellaneous, except the appropriation for mileage of officers and contract surgeons when authorized by law, shall be disbursed and accounted for by officers of the Pay Department as pay of the Army, and for that purpose shall constitute one fund. Pclsaymasters' Hereafter the pay and allowances of Army paymasters' clerks. Pay and allow- clerks shall be the same as provided by law for Navy payeStired pay. masters' clerks on shore duty, and they shall also be entitled to the same right of retirement with the same retired Subject to Ar-pa as is now allowed Navy paymasters' clerks: Proticles of War. vided, That Army paymasters' clerks shall be subject to the rules and articles of war. * * * * * Militia Coast EQUIPMENT OF COAST ARTILLERY, ARMORIES, ORGANArtillery. Equipment of IZED MILITIA: Dummy guns and mortars; mounts for armories. dummy guns and mortars; dummy ammunition; loading appliances; range and position finding equipment; aiming and laying devices; subcaliber tubes and mountings therefor; labor and material necessary to install dummy guns and mortars, and to provide appliances and devices for instructional purposes in armory buildings provided by States for Coast Artillery companies of the Organized Militia, three hundred and thirty-eight thousand one hundred and seventy dollars. ARMY AND NAVY. 63 Upon the request of the governors of the several States stDeails ofeinand Territories concerned, the President may detach offi- for Organized cers of the active list of the Army from their proper corn- Militia mands for duty as inspectors and instructors of the Organized Militia, as follows, namely: Not to exceed one officer for each regiment and separate battalion of infantry, or its equivalent of other troops: Provided, That line officers Proi5o&m detached for duty with the Organized Militia under the details. provisions hereof, together with those detached from their proper commands, under the provisions of law, for other duty the usual period of which exceeds one year, shall be subject to the provisions of section twenty-seven of the Act approved February second, nineteen hundred and one, with reference to details to the staff corps, but the total number of detached officers hereby made subject to Number limitthese provisions shall not exceed two hundred: And pro- ed vided further, That the number of such officers detached detacediofficersf from each of the several branches of the line of the Army shall be in proportion to the authorized commissioned strength of that branch; they shall be of the grades first lieutenant to colonel, inclusive, and the number detached from each grade shall be in proportion to the number in that grade now provided by law for the whole Army. The vacancies hereby caused or created in the grade of Fillingl vacan second lieutenant shall be filled in accordance with exist- second lieutening law, one-half in each fiscal year until the total number ants. of vacancies shall have been filled: Provided, That here- Order of apafter vacancies in the grade of second lieutenant occurring pointment. in any fiscal year shall be filled by appointment in the following order, namely: First, of cadets graduated from the United States Military Academy during that fiscal year; second, of enlisted men whose fitness for promotion shall have been determined by competitive examination; third, of candidates from civil life between the ages of twentyone and twenty-seven years. The President is authorized to make rules and regulations to carry these provisions into effect: Provided, That the Quartermaster's Department teQu1arterat is hereby increased by two colonels, three lieutenant colo- Officers added. nels, seven majors, and eighteen captains, the vacancies thus created to be filled by promotion and detail in accordance with section twenty-six of the Act approved February second, nineteen hundred and one. SUBSISTENCE DEPARTMENT. Purchase of subsistence supplies: * * * hs iw pur * * * * * for the subsistence of the masters, officers, crews, and employees of the vessels of the Army transport service; QUARTERMASTER'S DEPARTMENT. REGULAR SUPPLIES: * * * for the construction, operation, and maintenance of laundries at military posts min the United States and its island possessions; * * * 28872-S.* * * * *62-2 7 288720-S. D~oc. 306, 62-2- 7 64 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. etc.Iips boats TRANSPORTATION OF THE ARMY AND ITS SUPPLIES: * * *; for the purchase and repair of ships, boats, and other vessels required for the transportation of troops and supplies and for official, military and garrison purposes; for expenses of sailing public transports and other vessels on the various rivers, the Gulf of Mexico, and the Transpor^tion Atlantic and Pacific Oceans: Provided, That hereafter ter service when, in the opinion of the Secretary of War, accommodations are available, transportation on vessels of the Army transport service may be furnished the officers, employees, and enlisted men of the Revenue-Cutter Service, and their families, without expense to the United hYoung Men's States, and also secretaries and supplies of the Army and ciation. Navy department of the Young Men's Christian AssociatoTGrSrortation tion: Provided further, That hereafter when there is cargo space available without displacing military supplies, transportation may be provided for merchandise of American production consigned to residents and mercantile firms of the island of Guam, rates and regulations therefor fficetrs on offi- to be prescribed by the Secretary of War: Provided furcial duties. ther, That hereafter in the performance of their official and military duties officers of the Army are authorized, under such regulations as may be established by the Secretary of War, to use means of transportation herein provided for: * * * * * Aali a nd CONSTRUCTION AND MAINTENANCE OF MILITARY AND Military an d post roads, etc. POST ROADS, BRIDGES, AND TRAILS, ALASKA: For the construction and maintenance of military and post roads, bridges, and trails in the District of Alaska, to be expended under the direction of the board of road commissioners described in section two of an Act entitled "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the District of Alaska, and for other purposes," approved January twenty-seventh, nineteen hundred and five, and to be expended conformably to the provisions of said Act, one hundred and fifty thousand dollars, to remain available until the close of the fiscal year ending June thirtieth, Pre officers nineteen hundred and thirteen: Provided, That hereafter may serve as road the Secretary of War may, in his discretion, assign suitable commissioners. Pay. retired officers of the Army to active duty as members of the board of road commissioners for Alaska, and in the case of any officer so assigned the provisions of so much of the Act of Congress approved April twenty-third, nineteen hundred and four, entitled 'An Act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes," as relates to the assignment of retired officers to active duty shall apply. Philippine Is- BARRACKS AND QUARTERS, PHILIPPINE ISLANDS: Conlands. Barracks and tinuing the work of providing for the proper shelter and quarters. protection of officers and enlisted men of the Army of the ARMY AND NAVY. 65 United States lawfully on duty in the Philippine Islands. including repairs and payment of rents, the acquisition of title to building sites, and such additions to existing military reservations as may be necessary, and including also shelter for the animals and supplies, and all other buildings necessary for post administration purposes, six hundred thousand dollars: Provided, That no part of said estitin on six hundred thousand dollars shall be expended for the amount for officonstruction of quarters for officers of the Army, the cers quarters total cost of which, including the heating and plumbing apparatus, wiring and fixtures, shall exceed in the case of quarters of a general officer the sum of twelve thousand dollars; of a colonel or officer above the rank of captain, ten thousand dollars; and of an officer of and below the rank of captain, six thousand dollars. * * * * * BUREAU OF INSULAR AFFAIRS. CARE OF INSANE FILIPINO SOLDIERS: For the care, care of insane * Ysoldiers. maintenance, and treatment at asylums in the Philippine Philippine IsIslands of insane natives of the Philippine Islands cared lands. for in such institutions conformably to the Act of Congress approved May eleventh, nineteen hundred and eight, three thousand dollars. CARE OF INSANE SOLDIERS, PORTO RICO REGIMENT OF Porto Rico. INFANTRY: For the care, maintenance, and treatment at asylums in Porto Rico of insane soldiers of the Porto Rico Regiment of Infantry, seven hundred and twenty dollars. ENGINEER DEPARTMENT. CONTINGENCIES, ENGINEER DEPARTMENT, PHILIPPINE PhiliPPine IsISLANDS: For contingent expenses incident to the opera- contingencies tions of the Engineer Department in the Philippine Islands, to be expended at the discretion of the Secretary of War, five thousand dollars. * * * * * ORDNANCE DEPARTMENT. On and after the passage of this Act, every line officer Lneofticers. on the active list below the grade of colonel who has lost rank lost by regiin lineal rank through the system of regiment al p romotion in force prior to October first, eighteen hundred and ninety, may, in the discretion of the President, and subject to examination for promotion as prescribed by law, be advanced to higher grades in his arm up to and including the grade of colonel, in accordance with the rank he would have been entitled to hold had promotion been lineal throughout his arm or corps since the date of his entry into the arm or corps to which he permanently 66 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. TrobtiditiO. belongs: Provided, That of ficers advanced to higher grades al numbers. under the provisions of this Act shall be additional officers Not to affect promotions uein those grades: Provided further, That nothing in this der existing law. Act shall operate to interfere with or retard the promotion to which any officer would be entitled under existing Status of offi law: And provided further, That the officers advanced to higher gra des under this Act shall be junior to the officers who now rank them under existing law, when these officers have reached the same grade. Mar. 3,1911. CHAP. 226.-An Act To prevent the disclosure of national defense i11. It. 26W)56.].secrets. [I'ublic, No. 470.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives l, p. 1048. of the United States of America in Congress assembled, National de- That whoever, for the purpose of obtaining information Offenses speci-resecting the national defense, to which he is not lawfietaining u-fuly entitled, goes upon any vessel, or enters any navylawful informa- yard, naval station, fort, battery, torpedo station, arsenal, camp, factory, building, office, or other place connected with the national defense, owned or constructed or in process of construction by the United States, or in the possession or under the control of the United States or any of its authorities or agents, and whether situated within the United States or in any place noncontiguous to Obtaining but subject to the jurisdiction thereof; or whoever, when photgraphs, sketches, plans, lawfully or unlawfully upon any vessel, or in or near any etc. such place, without proper authority, obtains, takes, or makes, or attempts to obtain, take, or make, any document, sketch, photograph, photographic negative, plan, model, or knowledge of anything connected with the Relciving n-m national defense to which he is not entitled; or whoever, tion. without proper authority, receives or obtains, or undertakes or agrees to receive or obtain, from any person, any such document, sketch, photograph, photographic negative, plan, model, or knowledge, knowing the same communicatingto'have been so obtained, taken, or made; or whoever, information. having possession of or control over any such document, sketch, photograph, photographic negative, plan, model, or knowledge, willfully and without proper authority, communicates or attempts to communicate the same to any person not entitled to receive it, or to whom the same ought not, in the interests of the national defense, be Disc i osi ng communicated at that time; or whoever, being lawfully intrusted with any such document, sketch, photograph, photographic negative, plan, model, or knowledge, willPunishment. fully and in breach of his trust, so communicates or attempts to communicate the same, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. c P unictfon SEC. 2. That whoever, having committed any offensedeto foreign govern- fined in the preceding section, communicates or attempts mentetc. to communicate to any foreign government, or to any ARMY AND NAVY. 67 agent or employee thereof, any document, sketch, photograph, photographic negative, plan, model, or knowledge so obtained, taken, or made, or so intrusted to him, shall be imprisoned not more than ten years. SEC. 3. That offenses against the provisions of this Act Jurisdiction for offenses on high committed upon the high seas or elsewhere outside of a seas. judicial district shall be cognizable in the district where the offender is found or into which lie is first brought; but offenses hereunder committed within the Philippine pIn the Philip Islands shall be cognizable in any court of said islanids having original jurisdiction of criminal cases, with the same right of appeal as is given in other criminal cases where imprisonment exceeding one year forms a part of the penalty; and jurisdiction is hereby conferred upon such courts for such purpose. CHAP. 239.-An Act Making appropriations for the naval service Mar. 4,1911. for the fiscal year ending June thirtieth, nineteen hundred and twelve, [H R. 32212.] and for other purposes. [Public, No. 479.' 36 Stat. L., pt. Be it enacted by the Senate and House oJ Representatives p of the United States of America in Congress assembled, That the following sums be, and they are hereby, appro- Naval service priated, to be paid out of any money in the Treasury not appropriations. otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and twelve, and for other purposes. That the accounting officers of the Treasury are hereby Volunteer officers, War with authorized anl directed to open and resettle, upon appli- Spain. cation, the accounts of volunteer officers of the Navy reounts to be who served in the War with Spain, and to resettle such accounts in accordance with the decision of the Supreme Court of the United States in the case of the United States against John M. Iite, reported in Two hundred and fourth United States Reports, page three hundred and forty-three. PAY, MISCELLANEOUS. * * * * * CONTINGENT, NAVY: * * * That officers on the active list of the line of the United ffcers performing engineerStates Navy who, under authority of law, now perform ing duty onshore engineering duty on shore only are hereby made addi- tonalymdeibers. tional to the numbers in the grades in which they are now serving, and shall be carried as additional to the numbers of each grade to which they may hereafter be promoted: Provided, That said officers shall be entitled Pro8,o. to all the benefits of retirement under existing or future laws equally with other officers of like rank and service. 68 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Officers jailing physical exami- Hereafter, if any officer of the United States Navy nation for promo- shall fail in his physical examination for promotion and tion to be retired. be found incapacitated for service by reason of physical disability contracted in the line of duty, he shall be retired with the rank to which his seniority entitled him to be promoted. Care of lepers CARE OF LEPERS, ISLAND OF GUAM: Naval station, etc. island of Guam: Maintenance and care of lepers, special patients, and for other purposes, fourteen thousand dollars. * * * * * PUBLIC WORKS, BUREAU OF YARDS AND DOCKS. * * * * * Guantanamo NAVAL STATION, GUANTANAMO, CUBA: For emergency repair installation, three hundred and seventy-eight thousand five hundred dollars. Pearl Harbor NAVAL STATION, PEARL HARBOR, HAWAII: Dredging Hawaii. channel, to complete, five hundred and forty-five thousand dollars; dry dock, to continue, eight hundred thousand dollars; administration building, fifty thousand dollars; power plant, two hundred and fifty thousand dollars; six officers' quarters, sixty-nine thousand dollars; fresh-water system, twenty-three thousand dollars; foundry, seventy-five thousand dollars; forge shop, fifty thousand dollars; combined ship fitters, metal workers, and boiler shop, one hundred and twenty thousand dollars; pipe and plumber shop, thirty-five thousand dollars; combined wood-working shop, seventy thousand dollars; water-front development, one hundred thousand dollars; naval hospital (total cost not to exceed three hundred thousand dollars), including surgeons' quarters (cost not to exceed twenty-one thousand dollars), quarters for female nurses (cost not to exceed ten thousand dollars), stables (cost not to exceed five thousand dollars); improvement of grounds (cost not to exceed fifteen thousand dollars), seventy-five thousand dollars; in all, two million two hundred and sixty-two thousand dollars. Floating crane. The capacity of the one hundred and ten ton floating Capacity in- crane authorized by the Act of June twenty-fourth, nineteen hundred and ten, for use of Pearl Harbor, is hereby increased to one hundred and fifty tons capacity, and the limit of cost is hereby increased to three hundred and thirty-five thousand dollars. Guam. NAVAL STATION, ISLAND OF GUAM: Sewer system, fifteen thousand dollars; extension of naval station roads, ten thousand dollars; coal shed, Piti, one thousand dollars; wharf, Piti, three thousand dollars; ice plant, three thousand dollars; in all, thirty-two thousand dollars. ARMY AND NAVY. 69 NAVAL STATION, TUTUILA, SAMOA: For the purchase 5 Tt u i I a of five and eleven-hundredths acres-of land, more or less,. at Steps Point, owned by natives, on which are located range lights, three hundred dollars. * * * * * Naval magazine, Guantanamo, Cuba: One magazine, Cubanaalmag fifteen thousand dollars; one shell house, fifteen thou-azine. sand dollars; one set quarters and office, eight thousand five hundred dollars; wharf, including clearing, grading, and equipment, twelve thousand five hundred dollars; in all, fifty-one thousand dollars. NAVAL MAGAZINE, OLONGAPO, PHILIPPINE ISLANDS: Olongapo, P.. One shell house, one observation magazine, one stowage shed, one marine barracks, extensions to gun-cotton house, railway track and dock, one electric generator, and for lighting grounds and quarters, twenty thousand five hundred and seventy-seven dollars. * * * * * BUREAU OF MEDICINE AND SURGERY. * * * * * TRANSPORTATION OF REMAINS: To enable the Secretary Tho rearinS of the Navy, in his discretion, to cause to be transferred oicers, etc. to their homes the remains of officers and enlisted men of the Navy and Marine Corps who die or are killed in action ashore or afloat, and also to enable the Secretary of the Navy, in his discretion, to cause to be transported to their homes the remains of civilian employees who die outside of the continental limits of the United States, thirteen thousand dollars: Provided, That the sum herein Prov'io. appropriated shall be available for payment for trans- fund. portation of the remains of officers and men who have died while on duty at any time since April twenty-first, eighteen hundred and ninety-eight. * * * * * BUREAU OF SUPPLIES AND ACCOUNTS. * * * * * PROVISIONS, NAVY: * * * Provided, That the Proaio Co m mutation, Secretary of the Navy is authorized to commute rations prrisonars. for such general courts-martial prisoners in such amounts as seem to him proper, which may vary in accordance with the location of the naval prison, but which shall in no case exceed thirty cents per diem for each ration so commuted; labor in general storehouses and paymasters' offices in navy yards, including naval stations maintained in island possessions under the control of the United States, and expenses in handling stores purchased and manufactured under the general account of advances; and for the purchase of United States Army emergency rations, as required. 70 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. MARINE CORPS. * * * * * PAY OF CIVIL FORCE: * * * One clerk, for duty in the Philippine Islands in the Quartermaster's Department, at one thousand four hundred dollars. * * * * * Repairs of bar- FOR REPAIRS OF BARRACKS, MARINE CORPS: Repairs rk and improvements to barracks and quarters at * * *; repairs of barracks, Sitka, Alaska; and Isthmus of Panama; for the renting, leasing, improvement, and erection of buildings in Porto Rico, the Territory of Hawaii, the Philippine Islands, at Guam, the District of Columbia, and at such other places as the public exigencies require; and for.per diem to enlisted men eml)loyed under the direction of the Quartermaster's Department on the repair of barracks, quarters, and the other public buildings, one hundred and ten thousand dollars. * * * * * San Francisco, By a joint resolution of Congress the President of the Invitation toUnited States has been authorized and respectfully reto prticinpatres quested, by a proclamation or in such manner as he may deem proper, to invite all foreign countries and nations to attend and participate in an exposition at the city and county of San Francisco, California, on or about the first day of January, nineteen hundred and fifteen, to celebrate the completion and opening of the Panama Canal, and also the four hundredth anniversary of the discovery of the Pacific Ocean. Mar. 4, 1911. CHAP. 240.-An Act Making appropriations to supply deficien[H. R. 32957-] cies in appropriations for the fiscal year nineteen hundred and eleven [Public, No. 480.] and for prior years, and for other purposes. 36 Stat. L., pt. 1, p. 1289. Be it enacted by the Senate and House of Representatives Deficiencies of the United States of America in Congress assembled, propriations. That the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes, namely: * * * * * NAVAL ESTABLISHMENT. * * * * * PAY, MISCELLANEOUS. * * * * * Guantanamo, To reimburse provisions, Navy, nineteen hundred and Cuba. nine, for ice furnished various yard departments at naval station, Guantanamo, Cuba, during October, November, and December, nineteen hundred and eight, and March, ARMY AND NAVY. 71 April, and May, nineteen hundred and nine, one hundred and fifty-one dollars and seventy-eight cents. BUREAU OF MEDICINE AND SURGERY. BRINGING HOME REMAINS OF OFFICERS: Transporta- Transportation tion of remains: To supply a deficiency in the appropriation "Bringing home remains of officers, and so forth," including all objects mentioned under this title of appropriation in the naval appropriation Act for the fiscal year nineteen hundred and eleven, five thousand dollars. CHAP. 242.-An Act Making appropriations for fortifications and Mar. 4,1911. other works of defense, for the armament thereof, for the procurement [H. R. 32865.] of heavy ordnance for trial and service, and for other purposes [Public, No. 482.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1 p 1341. of the United States of America in Congress assembled, F o r t ifications That the sums of money herein provided for be, and the approprtiiations same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, namely: FORTIFICATIONS IN INSULAR POSSESSIONS. ENGINEER DEPARTMENT. For construction of seacoast batteries, as follows: Seacoast batIn the Hawaiian Islands, one hundred and fifty thou- Hawaiian Issand dollars; lands. In the Philippine Islands, one million one hundred 1Pdilippine Isand sixty-nine thousand dollars; In all, one million three hundred and nineteen thousand dollars. For installation of light and power plants at the de- Electric plants. fenses of the following localities: In the Philippine Islands, one hundred and seventy-,Philippine Is. lands. one thousand nine hundred and sixty-two dollars. For purchase and installation of searchlights for the Searchlights. defenses of most important harbors, as follows: In the Hawaiian Islands, forty thousand one hundred Hawaiian Is. dollars. For protection, preservation, and repair of fortifica- r e s ervation tions at the following localities: In the Philippine Islands, seven thousand dollars. 1Pislippine IsFor preservation and repair of structures erected for Torpedo structorpedo defense at the following localities: * tures. In the Philippine Islands, one thousand dollars. Philippineds. Is For tools, electrical and other supplies and appliances, O erPIang pow. to be furnished by the Engineer Department for the use 72 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of the troops for maintaining and operating gun and mortar batteriesIn the Hawaiian Islands, one thousand dollars. In the Philippine Islands, two thousand five hundred dollars. Land defenses For land defenses, Philippine Islands. one hundred and Philippines. ighty thousand dollars. Mar. 4,1911. CHAP. 252.-An Act To amend an Act entitled "An Act provid[S. 9351. ing for the retirement of certain medical officers of the Army," ap[Public, No. 492.] proved June twenty-second, nineteen hundred and ten. 36 Stat. L., pt. 1, p. 1348. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Medil De- That the Act approved June twenty-second, nineteen partment. hundred and ten, entitled "An Act providing for the retirement of certain medical officers of the Army," be, and the same is hereby, amended as follows: Words stricken Strike out the words "in the War of the Rebellion," out. following the words "enlisted man," in said Act, so that the Act as amended will read: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, serera I Re- That any officer of the Medical Reserve Corps who shall Retirement at have reached the age of seventy years, and whose total agll f 70ormer active service in the Army of the United States, Regular Army service in- or Volunteer, as such officer, and as contract or acting assistant surgeon, and as an enlisted man, shall equal forty years, may thereupon, in the discretion of the President, be placed upon the retired list of the Army with the rank, pay, and allowances of a first lieutenant." Mar. 4, 1911. CHAP. 266.-An Act To authorize commissions to issue in the HH. R. 24256.1 cases of officers retired or advanced on the retired list with increased IPublic, No. 506.] rank. 36 Stat. L., pt. i. p. 1354. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, commissions. That commissioned officers of the Army, Navy, and Retired Army, Navy, and Ma- Marine Corps on the retired list whose rank has been or rine Corps officers to reeirv, for in shall hereafter be advanced by operation of or in accordcreased rank. dance with law shall be entitled to and shall receive commissions in accordance with such advanced rank. Mar. 4, 1911. CHAP. 285.-An Act Making appropriations for sundry civil ex[H. R. 32909.] penses of the Government for the fiscal year ending June thirtieth, [Public, No. 525.] nineteen hundred and twelve, and for other purposes. 36 Stat. L.. pt. I p. 1363. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Sundry civil That the following sums be, and the same are hereby, appriations. propriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * ARMY AND NAVY. 73 UNDER THE WAR DEPARTMENT. * * * * * UNDER THE QUARTERMASTER GENERAL. * * * * * Seacoast defenses, Philippine Islands and Hawaii: For laPP,' Hawla continuing the construction of the necessary accommo- Seacoast dedations for the seacoast artillery in Philippine Islands feses. and Hawaii, two hundred and fifty thousand dollars, to be immediately available. Electric power plant, Corregidor Island, Philippine Is- rregidior Islands: For the construction on Corregidor Island, Philip- Power plant. pine Islands, of an electric power plant, one hundred and fifty-four thousand six hundred and sixty-seven dollars. Disposition of remains of officers, soldiers, civilian employees, and so forth: For the expenses of interment, or ofIntenea etc.of preparation and transportation to their homes or to cers, soldiers, etc. such national cemeteries as may be designated by proper authority, in the discretion of the Secretary of War, of the remains of officers, including acting assistant surgeons, and enlisted men of the Army active list; for the expenses of interment, or of preparation and transportation to their homes, of the remains of civil employees of the Army in the employ of the War Department who die abroad, inclusive of Alaska, or on Army transports; for the expenses of removal of remains from abandoned posts Removal from to permanent military posts or national cemeteries, in- ond sts. cluding the remains of federal soldiers, sailors, or marines interred in fields or abandoned private and city cemeteries; and in any case where the expenses of burial or shipment of the remains of officers or enlisted men of the Army who die on the active list are borne by individuals, where such expenses would have been lawful claims against the Government, reimbursement to such individuals may be made of the amount allowed by the Government for such services, to be paid out of the funds appropriated by this Act, but no reimbursement shall be mn id b irdmade under this Act of such expenses incurred prior to the uals. first day of July, nineteen hundred and ten, fifty-seven thousand five hundred dollars. UNDER THE ENGINEER DEPARTMENT. * * * * * WRECK OF BATTLESHIP MAINE: For additional amount Battleship "Maine." for the raising or the removal of the wreck of the battle- R em ov in g ship Maine from the harbor of Habana, in accordance ban ckHfbor. with the provisions of the Act approved May ninth, nineteen hundred and ten, three hundred and fifty thousand dollars, or so much thereof as may be necessary. ** ** $ 74 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. BACK PAY AND BOUNTY. * * *, * * par witc t h For payment of amounts for arrears of pay and allowances on account of service of officers and men of the Army during the war with Spain and in the Philippine Islands that may be certified to be due by the accounting officers of the Treasury during the fiscal year nineteen hundred and twelve and that are chargeable to the appropriations that have been carried to the surplus fund, one thousand dollars. RE SOLUTIONS. Feb. 24,1911. [No. 9.] Joint Resolution Authorizing the Secretary of War to [S. J. Res. 131.] receive, for instruction at the Military Academy at West Point, two [Pub. Res., No. Chinese subjects, to be designated hereafter by the Government of 59]) China. 36 Stat. L., pt. h 1, p. 1456. Resolved by the Senate and House of Representatives of Military Acad- the United States of America in Congress assembled, That Two chinee the Secretary of War be, and he hereby is, authorized to subjects admit- permit two Chinese subjects, to be designated hereafter teby the Government of China, to receive instruction at the Pov pe Military Academy at West Point: Provided, That no No expense, etc. expense shall be caused to the United States thereby, and that the said Chinese subjects shall agree to comply with all regulations for the police and discipline of the Academy, to be studious, and to give their utmost efforts to accomplish the courses in the various departments of Oath and serv- instruction: And providedfurther, That in the case of the R.S.,secs. 1320, said Chinese subjects the provisions of sections thirteen 321, p. 227. hundred and twenty and thirteen hundred and twentyone shall be suspended. Feb. 27, 1911. [No. 13.] Joint Resolution Modifying certain laws relating to the [H.. Res. 2i6.1 military records of certain soldiers and sailors. [Pub. Res., No 36 Sta. pt Resolved by the Senate and House of Representatives of 1,p. 1458. the United States of America in Congress assembled, That rdtar rec- in all laws approved during the Sixty-first Congress havcrovisoinl wt ing for their object the removal of disabilities accruing correcting, not to prevent pensions from defective records in the military or naval service of app. for after the United States, the words "Provided, That, other than as above set forth, no bounty, pay, pension, or other emolument shall accrue prior to or by reason of the passage of this Act" shall not prohibit or prevent the granting of a pension on an application made after the approval of this Act, and accruing only from the date of said application. ARMY AND NAVY. 75 [No. 15.] Joint Resolution Authorizing the Secretary of War to Mar. 3. 1911. receive for instruction at the Military Academy at West Point Mr. [H. J. Res 291.J Melchor Batista, of Cuba. [Pub. Res., No. 65.] Resolved by the Senate and House of Representatives of 36 Stat. L., pt. the United States of America in Congress assembled, That Melchor natista of Cuba. the Secretary of War be, and he hereby is, authorized to tfay be admitpermit Mr. Melchor Batista, of Cuba, to receive instruction ted to Military at the Military Academy at West Point: Provided, That Provisos. No expense, no expense shall be caused to the United States thereby etc. and that the said Melchor Batista shall agree to comply with all regulations for the police and discipline of the academy, to be studious, and to give his utmost efforts to accomplish the courses in the various departments of instruction: And provided further, That in the case of the iath and servsaid Melchor Batista the provisions of sections thirteen R..,secs. 1320, hundred and twenty and thirteen hundred and twenty- 1321, p. 227 one of the Revised Statutes shall-be suspended. I I SPANISH TREATY CLAIMS COMMISSION. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 7.-An Act Making appropriations to supply urgent defi- Aug. 5, 1909. ciencies in appropriations for the fiscal year nineteen hundred and [- 11570.] nine, and for other purposes. [Public, No. 6.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 'p 1 of the United States of America in Congress assembled, That the following sums be, and are hereby, appropriated, Urgent defout of any money in the Treasury not otherwise appro- priations. priated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes, namely: AWARDS, SPANISH TREATY CLAIMS COMMISSION. To pay certain awards made by the Spanish Treaty Awards. Claims Commission under the provisions of the Act of March second, nineteen hundred and one, certified to Congress in Senate Document Numbered One hundred and forty-four at the present session in favor of the following, namely: Jose Antonio Mesa, two thousand five hundred dollars; Enriqueta S. de Barros, guardian of Louis Santa Maria, Alice Santa Maria, and Henry Santa Maria, surviving children of William Santa Maria, six thousand nine hundred and seventy-seven dollars; Adolfo Santa Maria, ten thousand six hundred and ninety-one dollars; in all, twenty thousand one hundred and sixtyeight dollars. * * * * * 1 This contains the following awards: May 27,1909, in favor of Jose Antonio Mesa.................................. $2,500 May 27, 1909, in favor of Enriqueta S. de Barros, guardian of Louis Santa Maria, Alice Santa Maria, and Henry Santa Maria, surviving childern of William Santa M aria..............................................................6,977 May 27, 1909, in favor of Adolfo Santa Maria..... a ri................... 10, 691 77 SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 25, 1910. CHAP. 62.-An Act Making appropriations to supply urgent de[H. R. 18282.] ficiencies in appropriations for the fiscal year nineteen hundred and [Public, No. 62.] ten, and for other purposes. 36 Stat. L., pt. 1 p. 202. Be it enacted by the Senate and House of Representatives Urgent dea - of the United States of America in Congress assembled, That priations. the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * AWARDS SPANISH TREATY CLAIMS COMMISSION. Awards. To pay the awards made by the Spanish Treaty Claims Commission under the provisions of the Act of March second, nineteen hundred and one, certified to Congress in House Documents Numbered Four hundred and thirtysix,1 and five hundred and one,2 of the present session, I No. 436 contains the following awards: March 24, 1909, in favor of the Constancia Sugar Company.................. $37,000.00 May 27, 1909, in favor of Francisco Gustavo La Rosa, individually and as sole heir and executor of the last will and testament of Charles Rosa (deceased) 16,410. 00 May 29, 1909, in favor of Luis Alfaya, JoseMaria Alfaya, and George Alfaya.. 22, 793.00 July 6, 1909, in favor of Patricio Ponce de Leon............................. 31,550.00 2 Awards as follows: July 6, 1909, in favor of Pedro C. Casanova, Albert Wright, as administrator of the estate of Ricardo Casanova, deceased, and Maria Luisa Casanova Montalvan............................................................... 40,400.00 July 6, 1909, in favor of Maria Casanova..................................... 2,500.00 July, 6, 1909, in favor of Julio Cesar Vidal................................... 1,500. 00 July 6, 1909, in favor of Patricio Ponce de Leon............................. 31,550.00 November 3, 1909, in favor of Cornelia Alvarez de Otazo, Amelia Otazo, Rogelio Otazo, Enriqueta Otazo, and Nilo Otazo, individually, and Rogelio Otazo, as guardian of Pedro Otazo, Julio Otazo, Angela Otazo, and Ana Otazo.................................................................... 30,000.00 November 20, 1909, in favor of George W. Reynolds, as administrator of the estate of Luis Someillan y Azpeitia....................................... 20,000. 00 November 20, 1909, in favor of Charles F. Roberts........................... 1,000. 00 December 17,1909, in favor of Chester M. Whiting and Athony Wayne Taylor, composing the firm of Whiting & Co...................................... 6,345.00 December 17,1909, in favor of Anna L. Whiting........................... 1,681.25 December 18, 1909, in favor of William G. Thorne........................... 6,000.00 December 22, 1909, in favor of Rosalia de Torres de Larrieu, individually, and as the widow and one of the heirs of Francisco J. Larrieu, deceased, and as personal representative of said decedent and of his estate, and as administratrix of the property and guardian of his children, Francisco Jose Larrieu, Jorge A. Larrieu, Alberto C. Larrieu, Rene Larrieu, and Rosalia L. Larrieu. 15,000.00 December 23, 1909, in favor of The E. H. Gato Cigar Company.............. 10,425.00 Also- 166, 401.25 Pedro C. Casanova, Albert Wright, as administrator of the estate of Ricardo Casanova, deceased, and Maria Lulsa Casanova Montalvan, of July 6,1909.. 40,400.00 Maria Casanova, of July 6, 1909............................................. 2,500.00 Julio Cesar Vida, of July 6, 1909............................................. 1,500.00 Patricio Ponce de Leon, of July 6, 1909...................................... 31,550.00 Cornelia Alvarez de Otazo, Amelia Otazo, Rogelio Otazo, Enriqueta Otazo, and Nilo Otazo, individually, and Rogelio Otazo, as guardian of Pedro Otazo, Julio Otazo, Angela Otazo, and Ana Otazo, of November 3, 1909.... 30,000.00 George W. Reynolds, as administrator of the estate of Luis Someillan y Azpeitia, of November 20, 1909........................................... 20,,000. 00 Charles F. Roberts, of November 20,1909................................... 1,000.00 Chester M. Whiting and Anthony Wayne Taylor, composing the firm of Whiting & Co., of December 17,1909...................................... 6,345.00 Anna L. Whiting, of December 17,1909..................................... 1,681.25 William G. Thorne, of December 18,1909................................... 6,000. 00 Rosalia de Torres de Larrieu, individually, and as the widow and one of the heirs of Francisco J. Larrieu, deceased, and as personal representative of said decedent and of his estate, and as administratrix of the property and guardian of his children, Francisco Jose Larrieu, Jorge A. Larrieu, Alberto C. Larrieu, Rene Larrieu, and Rosalia L. Larrieu, of December 22, 1909.. 15,000.00 The E. H. Gato Cigar Company, of December 23,1909...................... 10, 425.00 78 SPANISH TREATY CLAIMS COMMISSION. 79 two hundred and seventy-four thousand one hundred and fifty-four dollars and twenty-five cents; except that the award certified in favor of Pedro C. Casanova, Albert noedro C. Casl Wright, as administrator of the estate of Ricardo Casa- Wright. nova, deceased, and Maria Luisa Casanova Montalvan, for forty thousand four hundred dollars, included in House Document Numbered Five hundred and one, of the present session, shall be paid to Pedro C. Casanova and Albert Wright as administrator of Ricardo Casanova, deceased, as finally awarded by the commission: Pro- Proviso vided, That none of said awards shall be paid until the right of appeal shall have expired. Appeal. * * * * * CHAP. 385.-An Act Making appropriations to supply deficien- June 25, 1910. cies in appropriations for the fiscal year nineteen hundred and ten, [H. 26730.] and for other purposes. [Public, No. 267.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives ', of the United States of America in Congress assembled, That ppriaionsies a the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * AWARDS SPANISH TREATY CLAIMS COMMISSION. To pay the awards made by the Spanish Treaty Claims Awards. Commission under the provisions of the Act of March second, nineteen hundred and one, certified to Congress in House Document Numbered Nine hundred and twenty-three1 of the present session, fifty-six thousand nine hundred and sixty-eight dollars: Provided, That none Proviso. of said awards shall be paid until the right of appeal shall Ap have expired. * * * * * i This includes the following awards: February 5, 1910, in favor of Eduardo Alvarez................................. $20,000 February 26, 1910, in favor of The Narcisa Sugar Company, a corporation...... 20,000 February 26, 1910, in favor of Luis Alfaya, Jose Maria Alfaya, and George Alfaya, additional to the sum of $22,793 appropriated by deficiency act of February 25, 1910, as submitted in House Document No. 436 of the present session (see letter from president of the Spanish Treaty Claims Commission of March 5 1910, in said Document)........................................ 16,968 28872~-S. Doc. 306, 62-2 ---8 I I CLAIMS OTHER THAN SPANISH TREATY CLAIMS. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 7.-An Act Making appropriations to supply urgent def- Aug 5,1909. ciencies in appropriations for the fiscal year nineteen hundred and [H R. 11570.] nine, and for other purposes. * [Public, No. 6.] 35 Stat. L., pt. Be it enacted by the Senate and House of Representatives,. 118 of the United States of America in Congress assembled, That the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations Uenieset adef for the fiscal year nineteen hundred and nine, and for priations. other purposes, namely: JUDGMENTS, COURT OF CLAIMS. For the payment of the judgments rendered by the Court of Claims, reported to Congress at its present session in Senate Documents Numbered One hundred and thirty-seven1 and one hundred and forty-three,2 namely: For payment of the judgment entered up by the Court of Claims June tenth, nineteen hundred and nine, on mandate of the Supreme Court of the United States in cause numbered twenty-three thousand six hundred and eighty-nine, in favor of J. M. Ceballos and Company, andCmp eballo two hundred and five thousand six hundred and fourteen dollars and thirty-seven cents, being allowance under contract for transporting prisoners of war from the Philippine Islands to Spain under treaty of Paris; * * * * * 1 This contains the following award: For payment of the judgment entered up by the Court of Claims June 10, 1909 on mandate of the Supreme Court of the United States incause No. 23689 in favor of J. Mi. Ceballos & Co., $205,614.37, being allowance under contract for transporting prisoners of war from the Philippine Islands to Spain under treaty of Paris. 2 The following awards are contained: For payment of the judgments entered by the Court of Claims in favor of the Atlantic Coast Line Railroad Company, as follows: In cause No. 24914. judgment entered May 20, 1909, for $20,807.84; in cause No. 29908, judgment entered June 10, 1909, for $292.45; in all, for said judgments, the sum of $21,100.29, being for services on account of army transportation. 81 SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 25,1910. CHAP. 62.-An Act Making appropriations to supply urgent de[H. R. 18282.] ficiencies in appropriations for the fiscal year nineteen hundred and [Public, No. 62.] ten, and for other purposes. 36 Stat. L., pt. 1, p. 202. Be it enacted by the Senate and House of Representatives Urgent defi- of the United States of America in Congress assembled, That eiencies appropriations. the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: JUDGMENTS, COURT OF CLAIMS. Payment. For the payment of the judgments rendered by the Court of Claims, reported to Congress at its present session in House Document Numbered Four hundred and thirty-seven,1 and Senate Document Numbered Three hundred and thirty-seven,2 namely: Classification. Under War Department, twenty-six thousand nine hundred and eighty dollars and seventy-four cents; * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. For reindeer for Alaska, nineteen hundred and eight, one hundred and sixty-eight dollars and seventeen cents. * * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. * * * * * For contingent expenses, Territory of Alaska, nineteen hundred and ten, one dollar. * * * * * 1 This includes numerous awards of extra pay to volunteers, war with Spain; a Judgment amounting to $8,986.31 in favor of the State of Mississippi, for reimbursement of expenses incurred in raising troops, war with Spain; award of $6,059.94 to Swift & Co. for beef furnished the army in Cuba. 2 This includes several awards of extra pay to volunteers, war with Spain. 82 CLAIMS OTHER THAN SPANISH TREATY CLAIMS. 83 CHAP 186.-An Act To provide for payment of the claims of Apr. 21, 1910. certain religious orders of the Roman Catholic Church in the Philippine [S. 2863. Islands. [Private, No. 50.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 2,. 169 of the United States of America in Congress assembled, That licRomanthothere is hereby appropriated, out of any moneys in the Philippine IsTreasury not otherwise appropriated, the sum of forty- layment torenine thousand three hundred and seventy-two dollars lgious orders of, for property damand fifty cents, to be paid by the Secretary of War to the ages, etc. properly accredited representatives of the followingnamed four religious orders of the Roman Catholic Church in the Philippine Islands according to the amounts set forth: The Augustinians, twenty-eight thousand and seventy-five dollars; the Dominicans, eleven thousand two hundred and eighty-five dollars; the Recoletos, seven thousand two hundred and fifty-two dollars and fifty cents; and the Franciscans, two thousand seven hundred and sixty dollars; and that the acceptance by the properly accredited representatives of said respective religous orders of the separate amounts above specified shall be in full satisfaction of all claims for use and occupation of the property of said respective religious orders in said islands, and for damages done thereto by the military forces of the United States prior to the date, to wit, January twenty-fourth, nineteen hundred and six, of the official report of the "board on church claims," which said board, composed of John A. Hull, lieutenant-colonel, judge-advocate; Alexander 0. Brodie, lieutenant-colonel, military secretary; and J. W. Moore, first lieutenant, Second Cavalry, was duly convened, August first, nineteen hundred and five, at headquarters Philippine Division, in the city of Manila, in said islands, to consider and report upon said claims. CHAP. 195.-An Act For the relief of the Merritt and Chapman Apr. 28,1910. Derrick and Wrecking Company. [S. 3905.] [Private, No. 53.] Be it enacted by the Senate and House of Representatives 2,3 tat. L., pt. - 2, p. 1698. of the United States ofAmerica in Congress assembled, That Merritt and the Secretary of War be, and he is hereby, authorized Cphaman rDerand directed to examine into and adjust the claim of the in company. Merritt and Chapman Derrick and Wrecking Company for damage to tug damages sustained by said corporation for injuries to the "I' J. Merritt." tug I. J. Merritt, resulting from collision with the transport ship Mississippi (now Buford) in Santiago Harbor on January fourth, eighteen hundred and ninety-nine, and to determine what amount, if any, should be paid to the Merritt and Chapman Derrick and Wrecking Company for damages so sustained, and to certify such amount to the proper accounting officers for payment in the manner prescribed by law. And for the payment of such Appropriation. claim the sum of one thousand eight hundred dollars, or so much thereof as may be necessary, is hereby appropriated out of any moneys not otherwise appropriated. 84 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Ma 9, 1910. CHAP. 223.-An Act To provide for the payment of the claim of. R. 21636.] the Roman Catholic Church of Zamboanga, in the Philippine Islands. [Private, No. 66.] 2, 3. 170. L pt. Be it enacted by the Senate and House of Representatives Roman Catho of the United States of America in Congress assembled, That lie Church ofp a m e Zamboanga, Phil- there is hereby appropriated, out of any money in the ppine Islands. Treasury not otherwise appropriated, the sum of five Payment to. Fea thousand five hundred and forty-three dollars and sixtyeight cents, to be paid by the Secretary of War to the properly accredited representative or representatives of the Roman Catholic Church of Zamboanga, in the Philippine Islands, in accordance with findings of a board of arbitration convened by orders from headquarters, Philippine Division, February twenty-eighth, nineteen hundred and nine, in compliance with instructions of the Secretary of War, dated January eighth, nineteen hundred and nine, and composed of Captain Frank H. Lawton, Subsistence Department, Captain Allers J. Greer, judge-advocate, Reverend Father Isodore de la Torre, Reverend Father Antonio Armlot and Mr. Fred A. Thompson, and that the acceptance by the said properly accredited representative or representatives of said Roman Catholic Church of Zamboanga of the amount above specified shall be in full satisfaction of all claims:for the value of a piece of property within the military reservation at Zamboanga, formerly the Roman Catholic cemetery used for all burials taking place within the parish of Zamboanga, taken by the United States Government for use in connection with the construction of noncommissioned officers' quarters on said reservation. May 17, 1910. CHAP. 246.-An Act For the relief of Major Pierre C. Stevens. [8. 4399.] [Private No. 75.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. 2, p. 1734. of the United States of America in Congress assembled, That vens.ee C. t the Secretary of the Treasury be, and he is hereby, auPayment to. thorized and directed to pay to Major Pierre C. Stevens, paymaster, United States Army, out of any money in the Treasury not otherwise appropriated, the sum of four thousand dollars, which amount is hereby appropriated, being an amount stolen from government funds in his possession at San Juan, Porto Rico, while a major and additional paymaster, United States Volunteers, and which amount he made good from his private funds on or about November eighteenth, eighteen hundred and ninety-nine. June 17,1910. CHAP. 302.-An Act For the relief of Elizabeth G. Martin. [S. 3082.] [Private, No. 97.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. 2,. 1i05. ' of the United States of America in Congress assembled, That Mairtin. the sum of one thousand two hundred dollars, for the aid A ppropriation and support of Elizabeth G. Martin, widow of James P. for payment to. CLAIMS OTHER THAN SPANISH TREATY CLAIMS. 85 Martin, who lost his life as the result of injuries received on the sixth day of April, nineteen hundred and six, by being run over by an engine of the Isthmian Canal Commission at Paraiso, belonging to the United States, being operated on the Panama Railroad at Paraiso, in the Canal Zone, be hereby appropriated, out of any money in the Treasury not otherwise appropriated, the same to be paid to the said Elizabeth G. Martin by the Secretary of the Treasury immediately upon the approval of this Act. CHAP. 358.-An Act Authorizing and directing the Department June 23, 1910. of State to ascertain and report to Congress damages and losses sustained [s. 7158.] by certain citizens of the United States on account of the naval opera- [Public, No. 244.] tions in and about the town of Apia, in the Samoan Islands, by the 36 Stat. L-. pt. United States and Great Britain, in March, April, and May, eighteen ' hundred and ninety-nine. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Samoa. Claims of citithe Secretary of State be, and he hereby is, authorized zens for losses in, and directed to ascertain the amounts due, if any, respec- to be ascertained. tively, to American citizens on claims heretofore filed in the Department of State growing out of the joint naval operations of the United States and Great Britain in and about the town of Apia, in the Samoan Islands, in the months of March, April, and May, eighteen hundred and ninety-nine, and covered by the provisions of the "Convention between the United States, Germany, and Great Britain relating to the settlement of Samoan claims," concluded November seventh, eighteen hundred and ninety-nine, and the decision thereunder by His Majesty, Oscar II, King of Sweden and Norway, given at Stockholm, October fourteenth, nineteen hundred and two, Report. and report the same to Congress. CHAP. 385.-An Act Making appropriations to supply deficien- June 25,1910. cies in appropriations for the fiscal year nineteen hundred and ten, [H. R. 26730.] and for other purposes. [Public, No. 267.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives ' P 774. of the United States of America in Congress assembled, hat the following sums be, and are hereby, appropriated, rpitiones ap out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other putposes, namely: JUDGMENTS, COURT OF CLAIMS. For the payment of the judgments rendered by the Payment. Court of Claims, reported to Congress at its present session in House Document Numbered Nine hundred and 86 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. twenty-five,' an(l in Senate Document Numbered Six hundred and thirty-eight,2 namely: * * * * * Classification. Under War Department, one hundred and four thousand three hundred and eight dollars and forty-nine cents; * * * * * CLAIMS ALLOWED BY TIIE AUDITOR FOR THE TREASURY DEPARTMENT. For maintenance of leprosy hospital, Hawaii, nineteen hundred and seven and nineteen hundred and eight, eighteen dollars and fifty cents; * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE NAVY DEPARTMENT. * * * * * For equipment plant, Philippine Islands, sixteen dollars and three cents; * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. * * * * * For Alaska exhibit, Lewis and Clark Centennial Exposition, Portland, Oregon, five dollars and fourteen cents; For reindeer for Alaska, nineteen hundred and eight, one hundred and twenty dollars; June 25, 1910. CHAP. 474.-An Act To satisfy certain claims against the Govern[H. R. 22539.] ment arising under the Navy Department. [Private No. 36 sBt.3L., pt. Be it enacted by the Senate and House of Representatives 2, p. 1870. of the United States of America in Congress assembled, Navy Depart- That the following sums be, and the same are hereby, Payment of appropriated, out of any money in the Treasury not certin claim. otherwise appropriated, to pay the claims arising under the Navy Department hereinafter stated, the same being in full for and the receipt of the same to be taken and accepted in each case as a full and final release and discharge of the respective claims, namely: Sucesores d e To pay Sucesores (le Abarca, San Juan, Porto Rico, the cost of repairs to the American steamship Evelyn, made necessary on account of a collision with the United States 1 This includes an award in favor of Elias W. Johnson, amounting to $5,318.30, for lighterage for Government stores, Nome, Alaska; also several awards to volunteers, War with Spain and in Philippines. s Includes an award to the Compania de los Ferrocarriles de Puerto Rico, amounting to $27,154.74, for transportation of troops in Porto Rico during military occupation. CLAIMS OTHER THAN SPANISH TREATY CLAIMS. 87 ship Peoria at the naval station, San Juan, on February eighteenth, nineteen hundred and six, fifty-eight dollars. To pay the owners of the American ship Erskine M. pherpskie M. Phelps damages resulting from a collision with the United States ship Alexander at the United States naval station, Cavite, Philippine Islands, on November twenty-seventh, nineteen hundred and six, fifty dollars. To reimburse Paymaster Charles Conard, United States Collision dam. _`T ages, Cavite, P. I. Navy, the amount checked against his account by the Auditor for the Navy Department, by reason of the payment by him for the repairs to a private launch damaged in a collision with a navy launch in the harbor at Cavite, Philippine Islands, during nineteen hundred and four, twelve dollars and ninety-seven.cents. SIXTY-FIRST CONGRESS, THIRD SESSION. Jan. 13,1911. CHAP. 14.-An Act For the relief of Marcellus Troxell. [S. 115.] [Private, No. Be it enacted by the Senate and House of Representatives 174.] 36 Stat. L., pt. of the United States of America in Congress assembled, That 2'a88iusTrox- the Secretary of the Treasury be, and he is hereby, authorp1ament to ized and directed to pay Marcellus Troxell, of Sutton, West Virginia, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of one thousand five hundred dollars, and said sum of one thousand five hundred dollars is hereby appropriated to compensate him for injuries received while in the employ of the Government on the Panama Canal. Feb. 13, 1911. CHAP. 65.-An Act For the relief of S. S. Somerville. [S. 8353.] [Private, No. Be it enacted by the Senate and House of Representatives of 196.] 36 Stat. L., pt. the United States of America in Congress assembled, That. 2 fi.9les. the Secretary of the Treasury be, and he is hereby, authorPayment to S. ized and directed to pay to S. S. Somerville, attorney in S. Somerville as attorney in fact fact for W. L. Miles, by way of refund, the sum of one thoufRefund of sand seven hundred and four dollars and eighteen cents, penalty. which amount is hereby appropriated out of any money in the Treasury not otherwise appropriated, said sum having been deducted by the Isthmian Canal Commission for fifty-three days' delay in delivery of lumber at La Boca, Panama, under contract between said Miles and the Isthmian Canal Commission, dated February fifteenth, nineteen hundred and eight. Feb. 20, 1911. CHAP. 138.-An Act For the relief of Captain Evan M. Johnson, [H. R. 14729.] United States Army. [Private, No. Be it enacted by the Senate and House of Representatives of 226.] to 36 stat. L., pt. the United States of America in Congress assembled, That 2'va M. John- the Secretary of the Treasury be, and he is hereby, directed 80nyment to to pay Evan M. Johnson, United States Army, the sum of one thousand five hundred and eighty-four dollars, which sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the Treasury not otherwise appropriated, said sum to be payment in full for all losses of personal property incurred by him by reason of the sinking of the United States transport Meade in the harbor of Ponce, Porto Rico, on or about May ile, etc. sixteenth, eighteen hpndred and ninety-nine: Provided, required. That the accounting officer of the Treasury shall require a schedule and affidavit from him, such schedule to be approved by the Secretary of War. 88 CLAIMS OTHER THAN SPANISH TREATY CLAIMS. 89 CHAP. 205.-An Act For the relief of Charles A. Caswell. Mar. 2, 1911. [H. R. 26(f06.] Be it enacted by the Senate and House of Representatives of [Private No. the United States of America in Congress assembled, That 36 Stat. L., pt the Secretary of the Treasury be, and he is hereby, author- 2arles A. Cas ized and directed to pay to Charles A. Caswell, of Chico- well. pee, Massachusetts, out of any funds in the Treasury of the United States not otherwise appropriated, the sum of one thousand and fifty-six dollars, to compensate him for the accidental death of his son, Arthur 0. Caswell, killed while in the employ of the Government on the Panama Canal. CHAP. 240.-An Act Making appropriations to supply deficien- Mar. 4, 1911. cies in appropriations for the fiscal year nineteen hundred and eleven [H. R. 32597.] and for prior years, and for other purposes. [Public, No. 480.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 1289. of the United States of America in Congress assembled, That the following sums be, and are hereby appropriated, epropatinciea out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes, namely: * * * * * JUDGMENTS, COURT OF CLAIMS. For the payment of the judgments rendered by the Payment. Court of Claims, reported to Congress at its present session in House Documents Numbered Eleven hundred and thirty-two, Thirteen hundred and seventy-three,1 and Senate Document Numbered Eight hundred and fiftyone,2 namely: Under War Department, twenty-five thousand five Classi9fcation. hundred and sixty-two dollars and eighty-five cents; * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE INTERIOR DEPARTMENT. * * * * * For education of natives of Alaska, two hundred and forty-three dollars and twenty-seven cents. * * * * * CHAP. 286.-An Act For the relief of Jaji Bin Ydris. Mar. 4,1911. [S. 1031.] Be it enacted by the Senate and House of Representatives [Private No. of the United States of America in Congress assembled, 36 Stat. L., pt. That the Secretary of the Treasury be, and he is hereby, i20sin Ydris. authorized and directed to pay to Jaji Bin Ydris, of Jolo, Payment to. 1 This includes several awards of extra pay to volunteers, War with Spain, and difference of pay to Maurice C. Ashley, assistant surgeon, War with Spain. 2 This includes several awards of extra pay to volunteers, War with Spain. 90 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. island of Sulu, Philippine Islands, the sum of five hundred and thirty-seven dollars and forty cents, as compensation for loss of his boat, the Panco, and her cargo by reason of a collision with the United States launch Ogden on the night of November twenty-ninth-thirtieth, nineteen hundred, off Pilas Island, Philippine Islands; and the sum of five hundred and thirty-seven dollars and forty Appropriation. cents is hereby appropriated, out of any money in the Treasury not otherwise appropriated, with which to carry out the provisions of this Act. Mar. 4,1911. CHAP. 291.-An Act For the relief of Lincoln C. Andrews. [S. 9954.] [Private, No. Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. of the United States of America in Congress assembled, 'ino202n. An-That the Secretary of the Treasury be, and he is hereby, drews. t authorized and directed to pay, out of any money in the aymento. Treasury not otherwise appropriated, to Lincoln C. Andrews, captain, Fifteenth Cavalry, United States Army, the sum of one hundred and fifty dollars for the loss of his horse by the Quartermaster's Department at Santiago, Cuba, in eighteen hundred and ninety-eight. CUBA. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 62.-An Act Making appropriations to supply urgent defi- Feb. 25 1910. ciencies in appropriations for the fiscal year nineteen hundred and ten, [H. R. 18282.] and for other purposes. [Public, No. 62.] 36 Stat. L., pt. (Judgment in Court of Claims favor Swift & Co. for beef " p. 202. furnished army in Cuba. See p. 82.) 91 0 SIXTY-FIRST CONGRESS, SECOND SESStON. Mar. 23, 1910. CHAP. 115.-An Act Making appropriation for the support of the [H. R. 15384.] army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No. 102.] eleven. 36 Stat. L., pt. 1,p. 243. (Permission to sell United States rifles to Cuba. See p. 47.) Apr. 19, 1910. CHAP. 174.-An Act Making appropriations for the support of the [H. R. 20579.1 Military Academy for the fiscal year ending June thirtieth, nineteen [Public, No. 139.] hundred and eleven, and for other purposes. 36 Stat. L., pt. 1, p.2. (Juan Torroella y Rooney, of Cuba, admitted to the Academy; Detail of oficers to Cuba granted. See p. 49.) May 9,1910. CHAP. 217.-An Act Providing for the raising of the United [H. R. 23012.] States battle ship Maine, in Habana Harbor, and to provide for the [Public, No. 169.] interment of the bodies therein. 36 Stat. L., pt. 1, p. 353. (See p. 50.) June 17,1910. CHAP. 301.-An Act To authorize additional aids to navigation [H. R. 2477.] in the Light-House Establishment, and to provide for a Bureau of [Public, No. 217.] Light-Houses in the Department of Commerce and Labor, and for other 36 Stat. L., pt. purposes. 1, p. 534. purposes. (Rearrangement of light house district, naval station in Cuba, and temporary assignment of army or navy officer thereto. See p. 399.) June25,1910. CHAP. 385.-An Act Making appropriations to supply deficien[H. R. 26730.] cies in appropriations for the fiscal year nineteen hundred and ten, and [Public, No. 267.] for other purposes. 36 Stat. L., pt. 1,p. 774. (For additional amount for raising battleship Maine from harbor of Habana. See p. 56.) 92 SIXTY-FIRST CONGRESS, THIRD SESSION. CHAP. 83.-An Act Granting an annuity to John R. Kissinger. Feb. 15,1911. [S. 7252.] (For services rendered as a volunteer subject for experi- 2Pr0vj PNo. ment in the yellow fever hospital in Cuba. See p. 58.) 36 Stat.'L., pt 2, p. 1919. CHAP. 209.-An Act Making appropriation for the support of the Mar. 3,1911. Army for the fiscal year ending June thirtieth, nineteen hundred and [H. R. 31237.] twelve.. [Public, No. 453.] 36 Stat. L., pt (To fix monthly payments to Jennie Carroll and Mabel, I. 1037. H. Lazear. See p. 61.) CHAP. 239.-An Act Making appropriations for the naval service Mar. 4, 1911. for the fiscal year ending June thirtieth, nineteen hundred and twelve, [H. R. 32212.] and for other pusposes. [Public, No. 479.] 36 Stat. L., pt. (Emergency repair installation and naval magazine, L2 Guantanamo, Cu6a. See pp. 68, 69.) CHAP. 240.-An Act Making appropriations to supply deficiencies Mar. 4,1911. in appropriations for the fiscal year nineteen hundred and eleven and [H. R. 32957.] for prior years, and for other purposes. [Public, No. 480.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representa-1, p. 1289. tives of the United States of America in Congress assembled, r)eficencles apThat the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and eleven and for prior years, and for other purposes, namely: (Reimbursement for ice furnished naval station, Guantanamo. See p. 70.) * * * * * CHAP. 285.-An Act Making appropriations for sundry civil ex- Mar. 4, 1911. penses of the Government for the fiscal year ending June thirtieth, [H. R. 32909.] nineteen hundred and twelve, and for other purposes. [Public, No. 525.] 86 Stat. L., pt. (Additional amount for raising the wreck of the battle- lP. 1363. ship Maine in Habana Harbor. See p. 73.) 93 94 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 4,1911. CHAP. 291.-An Act For the relief of Lincoln C. Andrews. [S. 9954.] [Private, No. (Compensation for loss of his horse by Quartermaster's 36 Stat. IL., pt. Dept. at Santiago, Cuba. See p. 90.) 2, p. 2024. Mar. 3,1911. RESOLUTION. [H. J. Res. 291.] [Pub. Res., No. [No.15.] JointResolutionAuthorizingthe Secretary of War to receive 3 s]L p. for instruction at the Military Academy at West Point Mr. Melchor i, p. 1458i Batista, of Cuba. (See p. 75.) HAWAII. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 1.-An Act Making appropriations for expenses of the June 29, 1909. Thirteenth Decennial Census, and for other purposes. [H. R. 10933.] [Public, No. 1.] 36 Stat. L., pt. (Applicable to Hawaii. See p. 217.) 1,P.1 CHAP. 2.-An Act To provide for the Thirteenth and subsequent JUJY 2,1I909 decennial censuses. [H.R R. 1033.] [Publici No. 2.] (Applicable, to Hawaii. See p. 217.) 1,6P.LL. t CHAP. 6.-An Amet To provide revenue, equalize duties and Aug. 5,1909. encourage the industries of the United States, and for other purposes. [H. R. 1438.] [PublicW,. N o. 5.] (Applicable to Hawaii. See p. 230.) 1,3 P.j~ 1.,P RESOLUTIONS. Apr. 23, 1909. [No. 2.] Joint Resolution Making appropriations for the payment of IH J. R~es.- 45.] certain expenses incident to the first session of the Sixty-first Congress. [Pub. R"es, No. 2.] (For stationery for Delegate from Hawaii. See p.376.) 3 Stat.8L., t 05 288720 —S. Doe. 306, 62-2-~9 SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 26 1910. CHAP. 62.-An Act Making appropriations to supply urgent defi[H. R. 1882.] ciencies in appropriations for the fiscal year nineteen hundred and ten, [Public, No. 62.] and for other purposes. 36 Stat. L., pt. 1,p.202. * * * * * (Naval station at Pearl Harbor, Hawaii. See p. 42.) Apr. 26, 1910. CHAP. 191.-An Act For preventing the manufacture, sale, or [8. 6131.] transportation of adulterated or misbranded Paris greens, lead arse[Public, No. 162.] nates, and other insecticides, and also fungicides, and for regulating 36 Stat. L., pt. traffic therein, and for other purposes. 1, p. 331. (Applicable to Hawaiian Islands. See p. 391.) May6, 1910. CHAP. 199.-An Act Making appropriations for the diplomatic [. R. 19255.] and consular service for the fiscal year ending June thirtieth, nineteen [Public, No. 156.] hundred and eleven. 36 Stat. L., pt. 1, p. 337. (Relief and protection of American seamen in Hawaiian Islands. See p. 392.) May 12, 1910. CHAP. 230.-An Act Making appropriations for the service of the [H. R. 21419.] Post-Office Department for the fiscal year ending June thirtieth, nine[Public, No. 173.] teen hundred and eleven, and for other purposes. 36 Stat. L., pt. 1, p. 355. (Mail bags. Purchase of material and manufacture of equipment. See p. 392.) May 26, 1910. CHAP. 256.-An Act Making appropriations for the Department of [H. R. 18162.] Agriculture for the fiscal year ending June thirtieth, nineteen hun[Public, No. 190.] dred and eleven. 36 Stat. L., pt. 1, p.416. * * * * * A g r ic ultral (General expenses Weather Bureau in Hawaiian Islands. Department ap.propriations. Maintenance of experiment station in Hawaii, and sale of products grown thereon. See p. 393.) Ma 27 1910. CHAP. 258.-An Act To amend an Act entitled "An act to pro[ 33160. vide a government for the Territory of Hawaii," approved April IPublic, No. 192.] thirtieth, nineteen hundred. 36 Stat. L., pt 1, p. 443. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Hawaii. That section five of an Act entitled "An Act to provide Governmentin. a government for the Territory of Hawaii," approved 96 HAWAII. 97 April thirtieth, nineteen hundred, is hereby amended to read as follows: "SEC. 5. That the Constitution, and, except as other- UnertB laws of wise provided, all the laws of the United States, including laws carrying general appropriations, which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United States: Provided, That sections eighteen hundred and Or1al roforty-one to eighteen hundred and ninety-one, inclusive, visions excepted. nineteen hundred and ten and nineteen hundred and 1891, pp. 326-333; twelve, of the Revised Statutes, and the amendments ss 1910 1912, p. thereto, and an Act entitled 'An Act to prohibit the passage of local or special laws in the Territories of the United States, to limit territorial indebtedness, and for other purposes,' approved July thirtieth, eighteen hundred and eighty-six, and the amendments thereto, shall not apply to Hawaii." SEC. 2. That section twenty-six of said Act is hereby Legislature. amended to read as follows: "SEC. 26. That the members of the legislature shall of m rcsation receive for their services, in addition to mileage at the creased. rate of ten cents a mile each way, the sum of six hundred dollars for each regular session, payable in three equal installments on and after the first, thirtieth, and fiftieth days of the session, and the sum of two hundred dollars for each special session: Provided, That they shall re- Provio...Extra sessions ceive no compensation for any extra session held under for appropriation the provisions of section fifty-four of this Act." bills. SEC. 3. That section fifty-two of said Act is hereby iA ppropriaamended to read as follows: "SEC. 52. That appropriations, except as herein other- Legislature to wise provided, shall be made by the legislature." SEC. 4. That section fifty-five of said Act is hereby Legislative amended so that the part thereof relating to public in- Indebtedness debtedness and beginning with the words "nor shall any restricted. debt" shall read as follows: "Nor shall any debt be authorized to be contracted by or on behalf of the Territory, or any political or municipal corporation or subdivision thereof, except to pay the interest upon the existing indebtedness, to suppress insurrection, or to provide for the common defense, except that in addition to any indebtedness created for such purposes the legislature may authorize loans by the Territory, or any such subdivision thereof, for the erection of penal, charitable, and educational institutions, and for public buildings, wharves, roads, harbor, and other public improvements, but the total of such indebtedness incurred in any one Maximum. year by the Territory or any such subdivision shall not exceed one per centum of the assessed value of the property in the Territory or subdivision, respectively, as shown by the then last assessments for taxation, whether such assessments are made by the Territory or the subdivision or subdivisions, and the total indebtedness of the Territory shall not at any time be extended beyond seven 98 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. per centum of such assessed value of property in the Territory and the total indebtedness of any such subdivision shall not at any time be extended beyond three per centum of such assessed value of property in the subdivision, but nothing in this Act shall prevent the refunding of any indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or any Term of bonds. part thereof; nor shall any bond or other instrument of any such indebtedness be issued unless made payable in not more than thirty years from the date of the issue thereof; nor shall any such bond or indebtedness be issued or incurred until approved by the President of the United Codesnations States: Provided, That the legislature may by general act Or public uses. provide for the condemnation of property for public uses, including the condemnation of rights of way for the transmission of water for irrigation and other purposes." Public lands. SEC. 5. That section seventy-three of said Act is hereby amended by adding thereto the following: caIte lese, caifid "No person shall hereafter be entitled to receive any grements lim-certificate of occupation, right of purchase lease, cash td. freehold agreement, or special homestead agreement who or whose husband or wife shall previously have taken or held any land under any such certificate, lease, or agreement hereafter made or issued, or under any homestead lease or patent based thereon; or who or whose husband or wife, or both of them, shall then own other land in the Territory, the combined area of which and the land in question exceeds eighty acres; or who is an alien, unless he has declared his intention to become a citizen of the Citizenship re-United States as provided by law; nor shall any person who, having so declared his intention, shall hereafter take or hold under any such certificate, lease, or agreement, continue so to hold or become entitled to a homestead lease or patent of the land, unless he shall have become a citizen within five years after so taking. Transfes to "No land for which any such certificate, lease, or r Ions or liensrestricted. agreement shall hereafter be issued, or any part thereof or interest therein or control thereof, shall, without the written consent of the commissioner and governor, thereafter, whether before or after a homestead lease or patent has been issued thereon; be or be contracted to be in any way, directly or indirectly, by process of law or otherwise, conveyed, mortgaged, leased, or otherwise transferred to or acquired or held by or for the benefit of any alien or Betfotre iue of corporation; or, before or after the issuance of a homets, etc. stead lease or before the issuance of a patent, to or by or Limitation. for the benefit of any other person; or, after the issuance of a patent, to or by or for the benefit of any person who owns, holds, or controls, directly or indirectly, other land or the use thereof the combined area of which and rita the land in question exceeds eighty acres: Provided, That e ~be e,these prohibitions shall not apply to transfers or acquisitions by inheritance or between tenants in common. HAWAII. 99 "Any land in respect of which any of the foregoing pro- Forfeiture lr visions shall be violated shall forthwith be forfeited and violation. resume the status of public land and may be recovered by the Territory or its successors in an action of ejectment or other appropriate proceeding. And noncompliance with the terms of any such certificate, lease, or agreement, or of the law applicable thereto, shall entitle the commissioner, with the approval of the governor before patent has been issued, with or without legal process, notice, demand, or previous entry, to retake possession and thereby determine the estate: Provided, That Pron0 of the times limited for compliance with any such terms may time. be extended by the commissioner, with such approval, upon its appearing that an effort has been made in good faith to comply therewith. "The persons entitled to take under any such certifi- Proceedings to cate, lease, or agreement shall be-determined by drawing ecurelands. or lot, after public notice as hereinafter provided; and any lot not taken, or taken and forfeited, or any lot or part thereof surrendered with the consent of the commissioner, which is hereby authorized, may be disposed of upon application at not less than the advertised price by any such certificate, lease, or agreement without further notice. The notice of any sale, drawing, or allotment of public land shall be by publication for a period of not less than sixty days in one or more newspapers of general circulation published in the Territory. " The commissioner, with the approval of the governor, preseren to may give to any citizen of the United States or to any person who has legally declared his intention to become a citizen, and who shall hereafter become such, which said person has, or who and whose predecessors in interest have, impr6ved any parcel of public lands and resided thereon continuously since April thirtieth, nineteen hundred, a preference right to purchase so much of such parcel and such adjoining land as may reasonably be required for a home, at a fair price, to be determined by three disinterested citizens appointed by the governor, in the determination of which price the value of improvement shall, when deemed just and reasonable, be disregarded: Provided, however, That this privilege shall not Proe0 exextend to any original lessee or to an assignee of an entire eluded. lease of public lands. "The commissioner may also,, with such approval, aligotstorgai issue, for a nominal consideration, to any church or tions. religious organization, or person or persons or corporation representing it, a patent for any parcel of public land occupied continuously for not less than five years heretofore and still occupied by it as a church site under the laws of Hawaii. "No sale of lands for other than homestead purposes, orLillt of alu except as herein provided, and no exchange by which the Territory shall convey lands exceeding either forty acres 100 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. in area or five thousand dollars in value shall be made. cJTef Iot NO lease of agricultural lands exceeding forty acres in or wasteihl. area, or of pastoral or waste lands exceeding two hundred bo4VW ~f acres in area, shall be made without the approval of twothirds of the board of public lands which is hereby constituted, the members of which are to be appointed by the governor as provided in section eighty of this Act, and until the legislature shall otherwise provide said board shall consist of six members and its members be Salf resi appointed for terms of four years: Provided, however, dencelota. That the commissioner may, with the approval of said lneuti, et.s board, sell for residence purposes lots and tracts, not exceeding three acres in area, and that sales of government lands may be made upon the approval of said board whenever necessary to locate thereon railroad rights of way, railroad tracks, side tracks, depot grounds, pipe lines, irrigation ditches, pumping stations, reservoirs, factories and mills and appurtenances thereto, including houses for employees, mercantile establishments, hotels, churches, and private schools, and all such sales shall be limited to the amount actually necessary for the economical conduct of such business or undertaking: Provided further, bAprovl b y That no exchange of government lands shall hereafter be made without the approval of two-thirds of the members of said board, and no such exchange shall be made except to acquire lands directly for public uses. landrioulturl "Whenever twenty-five or more persons, having the openng to qualifications of homesteaders, who have not theretofore homestea entry. made application under this Act shall make written application to the commissioner of public lands for the opening of agricultural lands for settlement in any locality or district, it shall be the duty of said commissioner to proceed expeditiously to survey and opefi for entry agricultural lands, whether unoccupied or under lease with the right of withdrawal, sufficient in area to provide homesteads for all such persons, together with all persons of like qualifications who shall have filed with such commissioner prior to the survey of such lands written applications for homesteads in the district designated in said applications. The lands to be so opened for settlement by said commissioner shall be either the specific tract or tracts applied for or other suitable and available agricultural lands in the same geographical district and, as far as possible, in the immediate locality of and as nearly equal to that applied for as may be available: Proson leasedProvided, however, That no leased land, under cultivation, lands. shall be taken for homesteading until any crops growing thereon shall have been harvested. hSurd f lIt shall be the duty of the commissioner of public tries. lands to cause to be surveyed and opened for homestead entry a reasonable amount of desirable agricultural lands and also of pastoral lands in various parts of the Territory for homestead purposes on or before January first, nineteen hundred and eleven, and he shall annually HAWAII. 101 thereafter cause to be surveyed for homestead purposes such amount of agricultural lands and pastoral lands in various parts of the Territory as there may be demand for by persons having the qualifications of homesteaders; and m laying out any homestead the Commissioner of Public Lands shall include therein an amount, not exceeding eighty acres in area, sufficient to support thereon Area. an ordinary family; and all necessary expenses for sur- Expenses. veying and opening any such lands for homestead shall be paid for out of any funds of the territorial treasury derived from the sale or lease of the public lands, which funds are hereby made available for such purposes. "Nothing herein contained shall be construed to pre- andg r iutral vent said commissioner from surveying and opening for lands. homestead purposes and as a single homestead entry public lands suitable for both agricultural and pastoral purposes, whether such lands b6 situated in one body or detached tracts, to the end that homesteaders may be provided with both agricultural and pastoral lands wherever there is demand therefor; nor shall the ownership of dRight of resi. a residence lot or tract, not exceeding three acres in area, hereafter disqualify any citizen from applying for and receiving any form of homestead entry, including a homestead lease. "All lands in the possession, use, and control of the to m missioner Territory shall hereafter be managed by the commis- publiclans. et' sioner, except such as shall be set aside for public purposes as hereinafter provided; all sales and other dispositions of such land shall be made by the commissioner or under his direction, for which purpose, if necessary, the land may be transferred to his department from any other department by direction of the governor, and all patents and deeds of such land shall issue from the office of the commissioner, who shall countersign the same and keep a record thereof. Lands conveyed to the Territory ctatus of exin exchange for other lands that are subject to the land laws of Hawaii, as amended by this Act, shall, except as otherwise provided, have the same status and be subject to such laws as if they had previously been public lands of Hawaii. All orders setting aside lands for forest or Reservationfor other public purposes, or withdrawing the same, shall be po etc. pur made by the governor, and lands while so set aside for such purposes may be managed as may be provided by the laws of the Territory. The commissioner is hereby cthority or O authorized to perform any and all acts, prescribe forms of oaths, and, with the approval of the governor and said board, make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this section and the land laws of Hawaii into full force and effect." SEC. 6. That section eighty-four of said Act is hereby tinis lndgIe r amended to read as follows: juror. "SEC. 84. That no person shall sit as a judge or juror exronds I o r, in any case in which his relative by affinity or by consan 102 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. guinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said Judge or juror has, either directly or through such relative, any pecuniary interest; nor shall any person sit as a judge in any case in which he has been of counsel or on an appeal from any decision or judgment rendered by additional him, and the legislature of the Territory may add other causes of disqualification to those herein enumerated." Public prop. SEC. 7. That section ninety-one of said Act is hereby amended to read as follows: Tranferred to "SEC. 91. That, except as otherwise provided, the pTublic property ceded and transferred to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight, shall be and remain in the possession, use, and control of the government of the Territory of Hawaii, and shall be maintained, managed, and cared for by it, at its own expense, until otherwise provided for by Congress, or taken for the uses and purposes of the United States by direction of the President or of the govstatus of re- ernor of Hawaii. And any such public property so taken for the uses and purposes of the United States may be restored to its previous status by direction of the Presiritle to proip dent; and the title to any such public property in the erty for public uses. possession and use of the Territory for the purposes of water, sewer, electric, and other public works, penal, charitable, scientific, and educational institutions, cemeteries, hospitals, parks, highways, wharves, landings, harbor improvements, public buildings, or other public purposes, or required for any such purposes, may be transferred to the Territory by direction of the President, ranstfersutobv- and the title to any property so transferred to the Terrilitical subdivisions. tory may thereafter be transferred to any city, county, or other political subdivision thereof by direction of the governor when thereunto authorized by the legislature." POf icreased SEC. 8. That section ninety-two of said Act is hereby amended to read as follows: "SEC. 92. That the following officers shall receive the following annual salaries to be paid by the United States: The governor, seven thousand dollars; the secretary of the Territory, four thousand dollars; the chief justice of the supreme court of the Territory, six thousand dollars; the associate justices of the supreme court, five thousand five hundred dollars each; the judges of the circuit courts, four thousand dollars each; the United States district attorney, four thousand dollars, the United States marshal, three thousand dollars. And the governor shall receive annually, in addition to his salary, the sum of five hundred dollars for stationery, postage, and incidentals; also his traveling expenses while absent from the capital on official business, and the sum of two thousand dollars annually for his private secretary." HAWAII. - 103 SEC. 9. That section one hundred of said Act is hereby Naturalization. amended by adding thereto the following: ords, certificates, "All records relating to naturalization, all declarations e2lSior to June of intention to become citizens of the United States, and all certificates of naturalization filed, recorded, or issued prior to the taking effect of the naturalization Act of June twenty-ninth, nineteen hundred and six, in or from any circuit court of the Territory of Hawaii, shall for all purposes be deemed to be and to have been made, filed, recorded, or issued by a court with jurisdiction to naturalize aliens, but shall not be by this Act further validated or legalized." CHAP. 297.-An Act Making appropriations for the legislative, June 17, 1910. executive, and judicial expenses of the Government for the fiscal [H. R. 22643.] year ending June thirtieth, nineteen hundred and eleven, and for [Public, No. 213.] other purposes. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, ap- Legi'lative ex. ecutive, and judipropriated, out of any money in the Treasury not other- cial expenses ap. wise appropriated, in full compensation for the service of propriat"onsthe fiscal year ending June thirtieth, nineteen hundred and eleven, for the objects hereinafter expressed, namely: LEGISLATIVE. HOUSE OF REPRESENTATIVES. (Pay of Delegate from Hawaii and clerk hire. See p. 398.) GOVERNMENT OF THE TERRITORIES. TERRITORY OF HAWAII: Governor, five thousand dol- Haw. lars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; two associate justices, at five thousand dollars each; in all, twenty-three thousand five hundred dollars. For judges of circuit courts, at three thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and eleven. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, one thousand dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand five hundred dollars. 104 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. For legislative expenses, namely: Furniture, light, telephone, stationery, record casings and files, printing and binding, indexing records, postage, ice, water, clerk hire, mileage of members, and incidentals, pay of chaplain, clerk, sergeants-at-arms, stenographers, typewriters, janNray for ex-itors, and messengers, thirty thousand dolIars: Provided, trasession. That the members of the legislature of the Territory of Hawaii shall not draw their compensation of two hundred dollars, or any mileage, for any extra session held in compliance with section fifty-four of an Act to provide a government for the Territory of Hawaii, approved April thirtieth, nineteen hundred. * * * * * JUDICIAL. * * * * * Hawaii district DISTRICT COURT, TERRITORY OF HAWAII: Two judges, at six thousand dollars each; clerk, three thousand dollars; reporter, one thousand two hundred dollars; sixteen thousand two hundred dollars. * * * * * June 24, 1910. CHAP. 378.-An Act Making appropriations for the naval service [H. R. 23311.] for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public, No. 261.] and for other purposes. 36 Stat. L., pt. 1, p.605 (Naval station, Pearl Harbor, Hawaii; reclamation of "The Reef" floating crane; improvement and erection of marine barracks in Hawaii. See pp. 53, 54). Juno 25,1910. CHAP. 382.-An Act Making appropriations for the construction, [H. R. 20686.] repair, and preservation of certain public works on rivers and harbors, [Public No. 264.] and for other purposes. 36 Stat. L., pt 1, p. 630. Be it enacted by the Senate and House of Representatives Riversand har- of the United States of America in Congress assembled, That bors apropria the following sums of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * Hio, Hawaii. Improving harbor at Hilo, Hawaii: Continuing improvement, two hundred thousand dollars. Haon ol0uu, Improving harbor at Honolulu, Hawaii: Continuing improvement and for maintenance, one hundred and fifty thousand dollars. Kaihulu Har- Improving Kahului Harbor, Hawaii, in accordance bor, Haa with the report submitted in House Document Numbered HAWAII. 105 Five hundred and ninety-three, Sixty-first Congress, second session, and subject to the conditions set forth in said document, one hundred and fifty thousand dollars. SEC. 3. That for examinations, surveys, and con- Appropriation for examinations, tingencies for rivers and harbors for which there may be etc. no special appropriation, the sum of five hundred thousand dollars is hereby appropriated: Provided, That PrhotyPs no preliminary examination, survey, project, or estimate quired. for new works other than those designated in this or some prior Act or joint resolution shall be made: Provided further, That, after the regular or formal reports repplementary made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless ordered by a concurrent resolution of Congress. The Government shall not be deemed to have t,1ciaautho entered upon any project for the improvement of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law. The Secretary of War is hereby authorized and directed pAllotment eof to cause preliminary examinations and surveys to be made aminations, etc. at the localities named in this section, as hereinafter set forth, and a sufficient sum to pay the cost thereof may be allotted from the amount appropriated in this section. In all cases a preliminary examination of the river, harbor, aaReport of exor other proposed improvements mentioned shall first be made, and a report as to the advisability of its improvement shall be submitted, unless a survey or estimate is herein expressly directed. If upon such preliminary oUnfavorable re examination the proposed improvement is not deemed advisable, no further action shall be taken thereon without the further direction of Congress; but in case the report shall be favorable to such proposed improvement, Suraey, etc., ii or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of War is hereby authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reported to Congress. And such reports containing plans Requirements. and estimates shall also contain a statement as to the rate at which the work should be prosecuted. Such examinations and surveys shall be reviewed by the BReiew b Board of EnginBoard of Engineers for Rivers and Harbors, as provided eers. in section three of the river and harbor Act of March second, nineteen hundred and seven: Provided, That fPovisOl every examination and survey 'report submitted to formation reCongress, as provided for herein or as may be provided qured. for hereafter, in addition to full information regarding the present and prospective commercial importance of the project covered by the report, and the benefit to 106 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. commerce likely to result from any proposed plan of improvement, shall contain also such data as it may be practicable to secure regarding (first) the establishment Terminal fa- of terminal and transfer facilities, (second) the developwater trans- ment and utilization of water power for industrial and fers, etc. commercial purposes, and (third) such other subjects as may be properly connected with such project: ProCoordiination vied further, That in the investigation and study of necesary. these questions consideration shall be given only to their bearing upon the improvement of navigation and to the possibility and desirability of their being coordinated in a logical and proper manner with improvements for navigation to lessen the cost of such improvements and to compensate the Government for expenditures made in the interest of navigation: And exsingoks ~f provided further, That the investigation and study of these questions as provided herein may, upon review by the Board of Engineers for Rivers and Harbors when called for as now provided by law, be extended to any work of improvement now under way and to any locality the examination and survey of which has heretofore been, or may hereafter be, authorized by Congress. Examination of The surveys of navigable streams herein or hereafter watersheds, etc., of navigable authorized shall include such stream-flow measurements streams. and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable streams Rd e Pt r t on under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. liminary exami- All reports of preliminary examinations and surveys nations, etc., dur- which may be prepared during the recess of Congress shall, Eixaminations in the discretion of the Secretary of War, be printed by the ordered. Public Printer as documents of the following session of Congress. * * * * * HAWAII. Harbors of the island of Kauai, with a view to determining the best location for a port. June 25, 1910. CHAP. 383.-An Act To increase the limit of cost of certain public [H. R. 26987.1 buildings, to authorize the enlargement, extension, remodeling, or [Public, No. 265.) improvement of certain public buildings, to authorize the erection 36 stat. L., pt. and completion of public buildings, to authorize the purchase of sites ', p. 676. for public buildings, and for other purposes. Be it enacted by the Senate and House of Representatives of n,omblicibuildacthe United States of America in Congress assembled, That to enable the Secretary of the Treasury of the United States HAWAII. 107 to give effect to and execute the provisions of existing leg-,Limit of cost increased a n d islation authorizing the acquisition of land for sites or the contracts authorenlargement thereof, and the erection, enlargement, exten-ized sion, remodeling, or repair of public buildings in the several cities hereinafter enumerated, the limit of cost heretofore fixed by Congress therefor be, and the same is hereby, increased, respectively, as follows, and the Secretary of the Treasury is hereby authorized to enter into contracts for the completion of each of said buildings within its respective limit of cost, including site: * * * * * SEC. 19. That for the purpose of beginning the con- Hawsi struction of a suitable and commodious fireproof building for the accommodation of the United States post-office, United States custom-house, United States courts, and other governmental offices at Hilo, Hawaii, twenty-five thousand dollars: Provided, That this authorization shall Pmitofost. not be construed as fixing the limit of cost of said building at the sum herein named, but the building herein provided for shall be constructed or planned so as to cost, complete, including fireproof vaults, heating and vetilating apparatus, and approaches, but exclusive of site, not exceeding two hundred thousand dollars. That the Secretary of the Treasury be, and he is hereby, Contrcts. authorized and directed to enter into contracts for the construction of a suitable building for said purposes, to be designated by said department, within the ultimate limit of cost above mentioned. That the block of land described in an Act entitled "An frLd reserved Act providing for the setting aside for governmental purposes of certain ground in Hilo, Hawaii," approved June nineteenth, nineteen hundred and six, shall be divided into two blocks by a street fifty-six feet wide, running from Division in two Waianuenue street to Wailuku street, and parallel with bo Pitman and Bridge streets, the westerly side of which new street shall be one hundred and ninety-five and fifty-eight one-hundredths feet from Pitman street, measured on the northerly boundary of Waianuenue street. The block on Building site. the westerly side of said new street shall be reserved for the site of said building; the other block, excepting the part other. oc thereof deeded to the Hilo Masonic Association, is hereby restored to its status as a part of the public land of Hawaii; and this authorization and appropriation shall not be ef- conditions fective or available until provision shall have been made, to the satisfaction of the Secretary of the Treasury and without cost to the United States, for the construction of said new street and the cancellation of the outstanding lease on said westerly block. SEC. 20. That the Secretary of the Treasury be, and he H_.~ o u u, is hereby, authorized and directed to acquire, by purchase, Enhrgement of condemnation, or otherwise, additional ground for the en —it" largement of the present site for the use and accommodation of United States post-office, United States customhouse, and other governmental offices at Honolulu, Terri 108 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Limit of o8t. tory of Hawaii, at a cost not to exceed three hundred and fifty thousand dollars; said sum of three hundred and fifty thousand dollars shall be available from the amounts heretofore authorized for the acquisition of a site and the erection of a suitable building at Honolulu. * * * * * June 25, 1910. CHAP. 384.-An Act Making appropriations for sundry civil ex[H. R. 25652.] penses of the Government for the fiscal year ending June thirtieth, [Public, No. 266.] nineteen hundred and eleven, and for other purposes. 36 Stat. L., pt., 703 Be it enacted by the Senate and House of Representatives Sundry c rl of the United States of America in Congress assembled, That expenses appropnationr the following sums be, and the same are hereby appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: * * * * * UNDER THE TREASURY DEPARTMENT. * * * * * PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. * * * * * Leros^yhospi- MAINTENANCE OF LEPROSY HOSPITAL, HAWAII: For maintenance of the leprosy hospital, Hawaii, thirty-three thousand dollars. * * * * * (Maintenance Quarantine Stations. See p. 424.) UNDER THE WAR DEPARTMENT. * * * * * UNDER QUARTERMASTER'S DEPARTMENT. (Seacoast defenses in Hawaii; Cavalry post, Hawaii Territory. Transporting home the remains of officers, soldiers, and civilian employees of the Army who died abroad. See p. 55.) * * ** * JUDICIAL. UNITED STATES COURTS. (For defraying the expenses of district court in Hawaii. See p. 425.) * ** * HAWAII. 109 UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * * * * (Lighting Hawaiian waters. See p. 425.) CHAP. 385.-An Act Making appropriations to supply deficien- June 25, 1910. cies in appropriations for the fiscal year nineteen hundred and ten, [H. R. 26730.1 and for other purposes. [Public, No. 267.1 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives p of the United States of America in Congress assembled, That Deficiencies apm the following sums be, and are hereby, appropriated, out propriatio of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * TERRITORIAL GOVERNMENTS. Salaries, governor, and so forth, Territory of Hawaii: awai To pay the increased salaries of the governor, secretary, chief justice, and two associate justices, Territory of Hawaii, as provided in section eight of the Act approved May twenty-seventh, nineteen hundred and ten (Public Numbered One hundred and ninety-two), for the fiscal years, as follows: For the fiscal year nineteen hundred and ten, four hundred and thirty-seven dollars and fifty-one cents; For the fiscal year nineteen hundred and eleven, four thousand five hundred dollars; in all, four thousand nine hundred and thirty-seven dollars and fifty-one cents. For judges of circuit courts, at four thousand dollars each instead of three thousand dollars each, so much as may be necessary for the remainder of the fiscal year nineteen hundred and ten and for the fiscal year nineteen hundred and eleven. * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE TREASURY DEPARTMENT. (Maintenance leprosy hospital, Hawaii, 1907, 1908. See p. 86.) * * * * * CHAP. 395.-An Act To further regulate interstate and foreign June 25, 1910. commerce by prohibiting the transportation therein for immoral pur- IH. R. 12315.1 poses of women and girls, and for other purposes.. IPublic, No. 277.1 36 Stat. L.. pt (Applicable to Hawaii. See p. 435.) l,p.825 110 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 25,1910. CHAP. 419.-An Act To ratify an act of the legislature of the [H. R. 22635] Territory of Hawaii authorizing W. A. Wall, his associates and assigns, to [Public, No. 301.] construct and operate a railroad on the island of Hawaii, Territory of 36 Stat. L., pt. Hawaii. 1, p. 845. Be it enacted by the Senate and House of Representatives Haaii, o of the United States of America in Congress assembled, That Construction of railroad by W. A. the act of the legislature of the Territory of Hawaii enbyallegislatuhre titled "An act to authorize W.A. Wallhis associates, succonfirmed. cessors, and assigns, to construct, maintain, and operate a railroad in certain districts of the island on Hawaii, in the Territory of Hawaii," approved by the governor of Hawaii April twenty-sixth, nineteen hundred and nine, be amended, and as amended, the same is hereby, ratified, approved, and confirmed, as follows, to wit: "ACT 115. "An Act to authorize W. A. Wall, his associates, successors, and assigns, to construct, maintain, and operate a railroad in certain districts on the island of Hawaii, in the Territory of Hawaii. "Be it enacted by the legislature of the Territory of Hawaii: Location. "SECTION 1. The right is hereby granted to W. A. Wall, his associates, successors, and assigns, to lay, construct, maintain, and operate for the term of thirty years from the date of the approval of this act by the Congress of the United States a railway, either single or double track, or partly single and partly double, with such curves and switches, turn-outs, poles, wires, conduits, stations, power houses, and such other buildings, appliances, and appurtenances as may from time to time be necessary for the use and operation thereof, from a point in the district of Kona, island of Hawaii, starting at tide water at Kaawaloa; thence running south on grades one, one and onehalf, and two and one-half per centum to an elevation of nine hundred and twenty-five feet at Kahauko, in the said district of Kona; thence over intervening lands in a southerly direction on broken grades to one thousand two hundred feet elevation; thence through or near Waiohinu, in the district of Kau; thence through Naalehu to Honuapo, in the said district of Kau; thence to Hilea (old Mill site); thence over intervening lands to Pahala Mill, in the said district of Kau; from the nine hundred and twentyfive feet elevation at Kahauko, in the district of Kona, running north over intervening lands on various grades to one thousand two hundred feet elevation at the village of Honokahau, in the district of Kona. Operation. "SEC. 2. The said railway shall be operated by steam, or by compressed air, or by electric power, either by overhead or underground wires or by storage batteries.: Provided, That a part of such railway may be operated by one motive power, while another or other portion thereof may be operated by other motive powers HAWAII. 111 "SEC. 3. The speed of any engine, car,-or other vehicle Speed, e6t used upon such railway while on a public highway, except in crossing the same, shall not exceed eight miles per hour, under penalty of three hundred dollars, to be paid to the Territory for each violation of this provision. "SEc. 4. The maps, charts, and plans for the construc- Approval of tion of such railway shall be subject to the approval of the pla superintendent of public works, and such approval thereof shall be evidenced by his signature upon any such map, chart, or plan so approved. "SEC. 5. The said railway together with all its branches e.ner a eand connection, shall be thoroughly and substantially constructed according to the best modern practice and in such manner as to cause the least obstruction to the free use of the highways, roads, and places in which it may be laid; and the location in, along, and across highways and roads shall be as directed by the'superintendent of public works. The cars for carrying passengers shall be of the most approved construction for the comfort, convenience, and safety of such passengers, and shall be provided with fenders of the best pattern, with proper lighting and signaling appliances, and with proper numbers, route boards, or signs, as approved by the governor. The said W. A. Wall, his associates, successors, and assigns, shall pay all expenses and damages and save the Territory harmless and indemnified from all loss, cost, damage, and expense in consequence of or arising from the construction and operation of said railway, and to pay for all repairs to highways and streets on, along, or across which the said railway may be located, made necessary or advisable by the construction and operation of said railway. The style of rail to be employed and used in the construction of such railway, the manner of laying the same, and the kind of car for the carriage of passengers over such railway shall be such as may be approved by the superintendent of public works. All of the matters and things required by this section and the construction and character of the railway and its equipment shall in all respects be subject to the approval of the superintendent of public works. "SEC. 6. The construction of such railway must be Time of con. commenced within three years from the date of the approval of this act by the governor of the Territory of Hawaii, and at least fifteen miles must be completed, equipped, and in operation for the transportation of passengers and freight within two years after such commencement: Provided, That any period during which the work shall be suspended or delayed by reason of any litigation impeding or delaying the construction or use of such railway shall not be counted in either of the abovementioned periods. " SEC. 7. The lands to be taken for the line of such rail- idth, etc way shall not exceed forty feet im width, unless a greater width shall be required for embankment, cuttings, gravel 28872~-S. Doc. 306, 62-2 -10 112 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pits, sidings, stations, depots, power houses, yards, or terminals. Legal require "SEC. 8. No land, easement, or other property shall be taken for the purpose of such railway except in accordance with the provisions of law. Forfeiture. "SEC. 9. If the provisions of this Act as to time limitations are not fully complied with, then all rights, privileges, and special powers granted hereby shall forthwith cease and determine and the franchise hereby granted shall forthwith become null and void. Mortgages "SEC. 10. The said W. A. Wall, his associates, successors, and assigns, shall have the power to mortgage the franchise hereby conferred to secure the payment of bonds or other monetary obligations incurred in the construction or operation of such railway. Right to alter, "SEc. 11. The legislature of the Territory of Hawaii, with the approval of Congress, may at any time alter, amend, or repeal this act; and the franchise hereby granted shall not be construed to be exclusive. The franchise hereby granted shall not be construed to be exclusive and shall be subject to all general laws now in force or which may hereafter be enacted respecting railway companies. Time of taking "SEC. 12. This act shall go into effect and be law from and after the date of its approval by the governor of the Territory of Hawaii, subject, however, to the approval of the Congress of the United States. "Approved this twenty-sixth day of April, A. D. 1909. "WALTER F. FREAR, "Governor of the Territory of Hawaii." Amendment, SEC. 2. That Congress may at any time alter, amend, or repeal said Act. RESOLUTION. Apr. 26, 1910. [No. 22.] Joint Resolution Providing for a special election in the [s. J. Res. 80. Territory of Hawaii. [Pub. Res., No. 36 st. L., pt Resolved by the Senate and House of Representatives of 1, p. 878. the United States of America in Congress assembled, That Prohibition ofthe governor of the Territory of Hawaii be, and he is hereintoxicants suby, authorized and directed to call a special election by ited to elec- t legally qualified electors as now registered in that Territory for the purpose of submitting to the electors the question of prohibiting the manufacture and sale of intoxicating liquors in the Territory of Hawaii. tinopecial elec Said special election shall be held on Tuesday, the twenty-sixth day of July, nineteen hundred and ten, and said question shall be submitted to the electors in the following words: Question sub- "Shall the legislature to be elected in November, nineteen hundred and ten, be requested to pass, at its first regular session, a law prohibiting the manufacture or sale HAWAII. 113 within the Territory of intoxicating, spirituous, vinous, and malt liquors, except for medicinal and scientific purposes?" Said question shall be printed on the ballot in the En- Bauot glish language and immediately following it shall be a translation of the same in the Hawaiian language; below this, in large type, shall be printed the word "Yes," with its Hawaiian translation, and opposite those two bracketed words shall be a square, ruled spaced for the marking of a cross; below that, in similar type, shall be the word "No," with its Hawaiian translation, bracketed, and opposite to them a similar square, ruled space for marking. The ballot shall also contain the following instructions in both the English and Hawaiian languages: "Vote by marking a cross (X) after the word 'Yes' or 'No.' " Said special election shall be carried on under the gen- Conduct ofeleo eral election laws of the Territory of Hawaii; but the terri- tio torial committees or chairmen and their local committees and chairmen in charge of the campaign for and against the proposition herein submitted may reach appoint two electors as challengers and watchers for each voting precinct, who shall have such powers and be subject to such limitations as are conferredby the existing territorial election laws upon similar representatives of political parties or candidates. And for defraying the necessary expenses of such spe- Appropriation. cial election the sum of ten thousand dollars is hereby appropriated, out of any funds in the Treasury not otherwise appropriated, the same to be paid out upon vouchers duly approved by the secretary of Hawaii. SIXTY-FIRST CONGRESS, THIRD SESSION. Feb. 27 1911 CHAP. 166.-An Act Making appropriations for the construction, [H. R. repair, and preservation of certain public works on rivers and harbors, [Public, No. 426.] and for other purposes. 36 Stat. L., pt., p. Be it enacted by the Senate and House of Representatives Rivers and bar- ofthe United States of America in Congress assembled, That tio appropia- the following sums of money be, and are hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * Hio, Hawaii Improving harbor at Hilo, Hawaii: Continuing improvement, two hundred and fifty thousand dollars: Conacts. Provided, That the Secretary of War may enter into a contract or contracts for such materials and work as may be necessary to prosecute the said project, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate two hundred and fifty thousand dollars, exclusive of the amounts herein and thRSUzvey au- heretofore appropriated: Provided further, That the Secretary of War be authorized to have a resurvey made of Hilo Harbor with a view to determining whether a modification of the adopted project can be made which will increase the commercial facilities of the harbor without increasing the original limit of cost of the work. boKrHi w ar- Improving Kahului Harbor, Hawaii: Continuing improvement, one hundred and fifty thousand dollars. * * * * * Mar. 1,1911. CHAP. 187.-An Act To protect the dignity and honor of the [H. R. 23015.] uniform of the United States. (Public, No. 436.],3 Stat. L., pt (Applicable to Hawaii. See p. 60.) Mar. 3, 1911. CHAP. 208.-An Act Making appropriations for the Diplomatic iH. R. 32866.] and Consular Service for the fiscal year ending June thirtieth, nine[Public, No. 452.] teen hundred and twelve. 36 Stat. L., pt. 1, p. 1027. (Relief and protection of shipwrecked American seamen in Hawaii. See p. 450.) * * 114 HAWAII. 115 CHAP. 226.-An Act To prevent the disclosure of national defense Mar. 3, 1911. secrets. [H.R. 26656.) [Public, No. 470.] (Applicable to Hawaii. See p. 66.) 1, p. L., pt CHAP. 231.-An Act To codify, revise, and amend the laws re- Mar. 3 1911. lating to the judiciary. [8.7061. (Public, No. 475.1 (Applicable to Hawaii. See p. 451.) 1,36. 10 t. CHAP. 237.-An Act Making appropriations for the legislative, Mar. 4, 1911. executive, and judicial expenses of the Government for the fiscal [H. R 29360.] year ending June thirtieth, nineteen hundred and twelve, and for [Public, No. 477.) other purposes. 36 Stat. L., p1170. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and twelve, for the objects hereinafter expressed, namely: LEGISLATIVE. (Compensation of Delegate from Hawaii. See p. 526.) GOVERNMENT IN THE TERRITORIES. TERRITORY OF HAWAII: Governor, seven thousand dol- Hawaii lars; secretary, four thousand dollars; chief justice, six thousand dollars; two associate justices, at five thousand five hundred dollars each; in all, twenty-eight thousand dollars. For judges of circuit courts, at four thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and twelve. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, one thousand dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand five hundred dollars. DEPARTMENT OF COMMERCE AND LABOR. * * * * * BUREAU OF NAVIGATION. Shipping Service: For salaries of shipping commission- Shipping comers in amounts not exceeding the following: At Honolulu, msloner. one thousand two hundred dollars; 116 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. JUDICIAL. Hawaii district DISTRICT COURT, TERRITORY OF HAWAII: TWO judges, at six thousand dollars each; clerk, three thousand dollars; reporter, one thousand two hundred dollars; sixteen thousand two hundred dollars. * * * * * Mar. 4,1911. CHAP. 238.-An Act Making appropriations for the Department [H. R. 21596.] of Agriculture for the fiscal year ending June thirtieth, nineteen hun[Public, No. 478.] dred and twelve. 36 Stat. L., pt. 1,. 1235. (General expenses of Weather Bureau in Hawaii; establishment and maintenance of experiment stations in Hawaii. See pp. 527, 528.) Mar. 4, 1911. CHAP. 239.-An Act Making appropriations for the naval service [H. R 32212.] for the fiscal year ending June thirtieth, nineteen hundred and twelve, [Public, No. 479.] and for other purposes. 36 Stat. L., pt.,p.1265. (Transferring home remains of officers and enlisted men who die abroad; naval station, Pearl Harbor, Hawaii; repair of marine barracks in Hawaii. See pp. 68, 69, 70.) Mar. 4, 1911. CHAP. 241.-An Act Making appropriations for the service of H. R. 31539.] the Post Office Department for the fiscal year ending June thirtieth, [Public, No. 481.] nineteen hundred and twelve, and for other purposes. 36 Stat. L., pt., p. 1327. (For postal equipment in Hawaii. See p. 529.) Mar. 4, 1911. CHAP. 242.-An Act Making appropriations for fortifications and [H. R. 32865.] other works of defense, for the armament thereof, for the procurement [Public, No. 482.] of heavy ordnance for trial and service, and for other purposes. 36 Stat. L., pt. 1, p. 1341. / - A- ' r\ klr oJtCnilano 'in nzaw'iamn I lwfws. 8ee p. iI.) * *F * * * Mar. 4,1911. CHAP. 285.-An Act Making appropriations for sundry civil exI. R. 32909.1 penses of the Government for the fiscal year ending June thirtieth, [Public, No. 525.1 nineteen hundred and twelve, and for other purposes. 36 Stat. L.. pt. 'A ' JJ. 109., y. 30W. Sundry expenses pration. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, civil That the following sums be, and the same are hereby, appro- appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: y * * * * l HAWAII. 117 UNDER THE TREASURY DEPARTMENT. * * * * * Hilo, Hawaii, post office, customhouse, and court- Hlo, Hawaii. house: For the commencement of the erection of building under present limit, one hundred thousand dollars. The Secretary of the Treasury is authorized, in his te"Wial arc discretion, to select and employ a special architect or architects to prepare the designs, plans, drawings, specifications, estimates, and so forth, for the post office, customhouse, and court house at Hilo, Hawaii; and to pay for such services at such prices or rates of compensation as he may deem just and proper, and not in excess of the customary and prevailing professional charges for such services, from the appropriation for "General expenses of public buildings" available at the time payment for the particular service is due: Provided, That the Prots f s Supervising Architect of the Treasury shall be the repre- pervising Archi. sentative of the Government in all matters connected tec with the erection and completion of the building, and shall perform with respect thereto all the duties that now pertain to his office, except the preparation of the designs, plans, drawings, specifications, estimates, and so forth, for the building. Honolulu, Hawaii, post office, courthouse, and custom- o n o 1 l U' house: For continuation of the building under present limit, one hundred and fifty thousand dollars. PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. * * * * Maintenance of leprosy hospital, Hawaii: For main- talLe^iohoapitenance of leprosy hospital, Hawaii, including pay of tl, officers and employees: Provided, That the provisions of Proviso. section seven of the Act of March third, nineteen hundred forivestigatons. and five, as to compensation shall apply to said officers while engaged in investigations of leprosy at Kalihi and other places in Hawaii, thirty-three thousand dollars. (Maintenance and expenses of quarantine system of the Hawaiian Islands. See p. 529.) * * * * * UNDER SMITHSONIAN INSTITUTION. * * * * * American ethnology: For continuing ethnological Arminan thb 91. nology. researches among * * * the natives of Hawaii, including the excavation and preservation of archmeologic remains, under the direction of the Smithsonian Institution, including salaries or compensation of all necessary 118 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. employees and the purchase of necessary books and periodicals, including payment in advance for subscriptions, forty-two thousand dollars. * * * * * UNDER THE WAR DEPARTMENT. * * * * * UNDER THE QUARTERMASTER'S DEPARTMENT. * * * * * (Seacoast defenses in Hawaii. See p. 73.) * * * * * JUDICIAL. UNITED STATES COURTS. (Court expenses in Hawaii. See p. 530.) * * * * * ISTHMIAN CANAL ZONE. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 6.-An Act To provide revenue, equalize duties, and en- Aug. 5, 1909 courage the industries of the United States, and for other purposes. [H. R. 1438.] [Public, No. 5.] 36 Stat. L., pt. (Applicable to Isthmian Canal Zone. See p. 230.) 1 p. 11 CHAP. 7.-An Act Making appropriations to supply urgent de- Au.5, 1909. ficiencies in appropriations for the fiscal year nineteen hundred and [H. 11570.1 nine, and for other purposes. [Public, No. 6.} 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and are hereby appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes, namely: * * * * * THE ISTHMIAN CANAL. The President is hereby authorized to cause to be Contracts, auentered into such contract or contracts, not to exceed the pletion. amount of the bond issue authorized in the Act entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes," enacted during the first session of the Sixtyfrst Congress, and Acts supplementary thereto, as may be deemed necessary for the proper excavation, construction, and completion of such canal and harbors, to be paid for as appropriations may from time to time be made by law, 119 SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 2A 1910. CHAP. 62.-An Act Making appropriations to supply urgent de[H. R. 18282.] ficiencies in appropriations for the fiscal year nineteen hundred and [Public, No. 62.] ten, and for other purposes. 36 Stat. L., pt. 1, p. 202. Be it enacted by the Senate and House of Representatives Urgent deft- of the United States of America in Congress assembled, That priationes appro- the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * ISTHMIAN CANAL. Construction. To continue the construction of the Isthmian Canal, to be expended under the direction of the President, in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twentyeighth, nineteen hundred and two, and Acts amendatory thereof or supplementary thereto: 'fficeaz a n d For pay of officers and employees, Canal Zone, Isthmian employees, civilCanal: Forpay of the member of the commission in administrationcharge, of officers and employees, other than skilled and unskilled labor, including foremen, subforemen, watchmen, messengers, and storekeepers, of the department of civil administration, including those necessarily and temporarily detailed for duty away from the Isthmus, seventy-six thousand dollars. * * * * * Apr. 26,1910. CHAP. 191.-An Act For preventing the manufacture, sale, or [- 6131.] transportation of adulterated or misbranded Paris greens, lead arsen[Public, No. 152.] ates, and other insecticides, and also fungicides, and for regulating 36 s tat. L., pt. traffic therein, and for other purposes. 1, p. 331. (Applicable to Isthmian Canal Zone. See p. 391.) May 6, 101. CHAP. 199.-An Act Making appropriations for the diplomatic and [H. R. 192.] consular service for the fiscal year ending June thirtieth, nineteen hun(Public, No. 1M6.] dred and eleven. 36 Stat. L., pt. 1, p.37. * * * (Relief and protection of Am neica seamen in Panama Canal Zone. See p. 392.) * * * * * 120 ISTHMIAN CANAL ZONE. 121 ANNUAL PAYMENT TO COLOMBIA UNDER TREATIES. For the payment of the annual installment for the cal- Colombia. Annual p a yendar year nineteen hundred and ten, under the assign- ment on account ment and transfer made by the IRepublic of Panama to the of Panama Canal. Republic of Colombia, in manner and form as contained in the treaty between the Republic of Colombia and the Republic of Panama of January ninth, nineteen hundred and nine, the recognition of which assignment and acceptance of notice thereof are given by the United States in Article V of the treaty between the United States and the Republic of Colombia concluded January ninth, nineteen hundred and nine, two hundred and fifty thousand dollars. CHAP. 230.-An Act Making appropriations for the service of the May 12, 1910. Post-Office Department for the fiscal year ending June thirtieth, nine- [H. R. 21419.1 teen hundred and eleven, and for other purposes. [Public, No. 173.] 36 Stat. L., pt. (Mail Bags. Purchase of material and manufacture of 355. equipment. See p. 392.) CHAP. 232.-An Act For the relief of earthquake sufferers in Costa May 13,1910. Rica. [H. R. 25646.] [Public, No. 174.] Be it enacted by the Senate and House of Representatives 36 St. L., pt. of the United States of America in Congress assembled, That the President of the United States is authorized to use and eaCt ake1R i c a distribute among the suffering and destitute people of Distribution cf Costa Rica such tents, blankets, and other necessary ferers.etc suf articles belonging to the stores of the military establishment, the naval establishment, and the Isthmian Canal Commission, as may be required for the purpose of succoring the people who are in peril in Costa Rica in consequence of the recent earthquake. CHAP. 378.-An Act Making appropriations for the naval service June 24, 1910. for the fiscal year ending June thirtieth, nineteen hundred and eleven, [H. R. 23311.1 and for other purposes. [Public. No. 261.1 36 Stat. L., pt (Repairs of marine barracks, Isthmus of Panama. See l, p. 0. p. 54.) CHAP. 384.-An Act Making appropriations for sundry civil ex- June 25. 1910o. penses of the Government for the fiscal year ending June thirtieth, JH. R. 2M2.] nineteen hundred and eleven, and for other purposes. (Publi, No. 266.1 36 8tat. L., pt. Be it enacted by the Senate and House of Representatives 1, p'73. of the United States of America in Congress assembled, That Sundry civil the following sums be, and the same are hereby, appro- US appro priated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: * * * * * 122 LaWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE WAR DEPARTMENT. * * * * * UNDER THE QUARTERMASTER'S DEPARTMENT. (Transporting home the remains of officers, soldiers, and civilian employees of the Army who die abroad. See p. 55.) * * * * * THE ISTHMIAN CANAL. Construction. To continue the construction of the Isthmian Canal, to be expended under the direction of the President, in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twenty-eighth, nineteen hundred and two, and Acts amendatory thereof or supplementary thereto: sianal Commis- First: For salaries of officers and employees of the Is.thsalaries in the mian Canal Commission, including assistant purchasing United tates. and shipping agents, and all other employees in the United States, one hundred and forty thousand dollars. Incidental ex- Second. For incidental expenses, including rents, cable and telegraph service, supplies, stationery and printing, and actual necessary traveling expenses in the United Rent, States (including rent of the Panama Canal building in the District of Columbia, seven thousand five hundred dollars, text-books and books of reference, one thousand dollars, and additional compensation to the Auditor for the War Department for extra services in auditing accounts of the Isthmian Canal, one thousand dollars), seventy thousand dollars. eConstru t i o, Third. For pay of members of the commission and offiments. cers and employees on the Isthmus, other than skilled sioners and em- and unskilled labor, including civil engineers, superinployees on the tendents, instrumentmen, transitmen, levelmen, rodmen, draftsmen, timekeepers, mechanical and electrical engineers, quartermasters, clerks, accountants, stenographers, storekeepers, messengers, office boys, foremen and subforemen, wagon masters, watchmen and stewards, including those temporarily detailed for duty away from the Isthmus, in the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, three million nine hundred thousand Proviso eredollars: Provided, That not more than five thousand dol-,ary. lars of this appropriation shall be paid as compensation to the secretary of the commission. Labor. Fourth. For skilled and unskilled labor on the Isthmus, including engineers, conductors, firemen, brakemen, electricians, teamsters, cranesmen, machinists, blacksmiths and other artisans, and their helpers; janitors, sailors, cooks, waiters, and dairymen, for the departments of construction and engineering, quartermaster's, disbursements and examination of accounts, thirteen million five hundred thousand dollars. ISTHMIAN CANAL ZONE. 123 Fifth. For purchase and delivery of material, m, supplies chase o. and equipment, including cost of inspecting material and of paying traveling expenses incident thereto, whether on the Isthmus or elsewhere, and such other expenses not in the United States as the commission deems necessary to best promote the construction of the Isthmian Canal, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, fifteen million dollars. Sixth. For miscellaneous expenditures, cable and tele- Miscellaneous. graph service, stationery and printing, local railway transportation, special trains, including pay-train service; transportation of currency to the Isthmus, recruiting and transporting laborers, transporting employees from the United States, repatriating laborers and employees, actual necessary traveling expenses while on the Isthmus on official business; expenses incident to conducting hearings and examining estimates for appropriations on the Isthmus and all other incidental and contingent expenses not otherwise provided for, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, nine hundred thousand dollars; Seventh. For pay of the member of the commission Government of in charge, of officers and employees, other than skilled PayofCommisand unskilled labor, including foremen, subforemen, Ite offcers, watchmen, messengers, and storekeepers, of the department of civil administration, including those necessarily and temporarily detailed for duty away from the Isthmus, six hundred thousand dollars; Eighth. For skilled and unskilled labor for the depart- Labor ment of civil adminstration, twenty thousand dollars; Ninth. For material, supplies, equipment, construction Materials etc. and repairs of buildings, and contingent expenses of the department of civil administration, one hundred thousand dollars; Tenth. For survey of lands in the Canal Zone, seventy- S u r ve of five thousand dollars; Eleventh. For pay of the member of the commission Sanitation dein charge, of officers and employees other than skilled Pay of officers and unskilled labor, including hospital dispensers, in- and employees. ternes, nurses, attendants, messengers, office boys, foremen, and subforemen, watchmen, and stewards, of the department of sanitation on the Isthmus, including those temporarily detailed for duty away from the Isthmus, six hundred thousand dollars; Twelfth. For skilled and unskilled labor of every Labor. grade and kind, for the department of sanitation on the Isthmus, two hundred thousand dollars; Thirteenth. For material, supplies, equipment, con- Material etc struction and repairs of buildings, and contingent expenses of the department of sanitation on the Isthmus, seven hundred and fifty thousand dollars; 124 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. PRe ma CRt lg Fourteenth. For the payment of the cost of relocating road, etc. the Panama Railroad, including salaries, wages, materia, and supplies, and all other expenses incident thereto, two million dollars. Amount In all, thirty-seven million eight hundred and fifty-five thousand dollars, the same to be available until expended: proviso. Provided, That all expenditures from the appropriations Expendi tu r e a paid from pro- herein and hereafter made for the Isthmian Canal shall be eds of bond paid from, or reimbursed to the Treasury of the United States out of the proceeds of the sale of bonds authorized in section eight of said Act approved June twenty-eighth, nineteen hundred and two, and section thirty-nine of the tariff act approved August fifth, nineteen hundred and nine. ten ern in- Ten per centum of the foregoing amounts shall be available interchangeably for expenditure on objects named; but not more than ten per centum shall be added to any one item of the appropriation. Loestrcn on No part of the foregoing appropriations for the Isthallowances for. mian Canal shall be applied to the payment of allowances for longevity service, or lay-over days other than such as may have accumulated under existing orders of the commission, prior to July first, nineteen hundred and nine. rPad CRoaRail SEC. 2. The foregoing appropriations shall be available road Company. Reimburse-to reimburse the Panama Railroad Company for marine ent flor marine losses, and for losses due to destruction of or damage to its Provisos. plant, equipment, or commissary supplies by fire: ProtoIae r a e vided, That the Panama Railroad Company shall carry no insurance against loss from causes covered by this approAnnual ub-D priation: Provided further, That hereafter payment by the Panama Railroad Company to the United States, in accordance with the treaty with Panama, of the annual subsidy of two hundred and fifty thousand dollars, as provided by the concession granted by the United States of Colombia, shall not be required. Dtribuuon of SEC. 3. All funds collected by the government of the Canal Zone from rentals of public lands and buildings in the Canal Zone and the cities of Panama and Colon, and from the zone postal service, and from court fees and fines, and collected or raised by taxation in whatever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, nineteen hundred and eleven, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, after setting aside a miscellaneous and contingent fund of ten thousand dollars, to the nlaintenance of the public-school system in the zone; to the construction and maintenance of public improvements within the zone; to the maintenance of the administrative districts; to the maintenance of Canal Zone charity patients in the hospitals of the Isthmian Canal Commission, and to the maintenance of administrative Statment t o district prisoners. A detailed and classified statement of all receipts and expenditures without the duplication of ISTHMIAN CANAL ZONE. 125 items under this paragraph, shall be submitted to Congress after the close of the fiscal year nineteen hundred and eleven. SEC. 4. All funds realized during the fiscal year nine- Fund from services, s a I e s, teen hundred and eleven by the Isthmian Canal Commis- etc. sion from the performance of services by the commission, priated for con or from rentals, or from the sale of materials and supplies struction. under the custody or control of the commission, are appropriated for expenditure under any of the foregoing classifed appropriations for the department of construction and engineering, and a full and separate report in detail of all transactions hereunder shall be made to Congress. SEC. 5. Hereafter there shall be submitted under each Estimates. item of appropriation, proposed in the annual estimates ment of employe for construction of the Isthmian Canal, notes giving in ees, materials, parallel columns information which will show the number, pany. by grade or classes, of officers, employees, and skilled and unskilled laborers proposed to be paid under each of said appropriations for the ensuing fiscal year and those being paid at the close of the fiscal year next preceding the period when said estimates are prepared and submitted; also, in connection with each item for material and mis- othea han ncellaneous purposes other than salaries or pay for personal ries. services, the amounts actually expended or obligated for like purposes during the entire fiscal year next preceding the preparation and submission of said estimates. CHAP. 395.-An Act To further regulate interstate and foreign June 25, 1910. commerce by prohibiting the transportation therein for immoral pur- [H. R. 12315.] poses of women and girls, and for other purposes. [Public, No. 277.1 36 Stat. L., pt. (Applicable to Isthmian Canal Zone. See p. 435.), p.825 SIXTY-FIRST CONGRESS, THIRD SESSION. an. 13, 1911. CHP. 14.-An Act For the relief of Marcellus Troxeil. is. 115.] [Private, No. - (Compensationfor injuries received on the Panama Canal. 174.] 36 Stat. L., pt. See p. 88.) 2, p. 1880 _ Feb. 13, 1911. CHAP. 65.-An Act For the relief of S.S. Somerville. [S. 8363.] [Private, No. (Reimbursement for sum deducted by Canal Commission 36 Stat L., pt.for delay in delivering lumber. See p. 88.) 2, p. 1908. Mar., 1911. CIHAP. 205.-An Act For the relief of Charles A. Caswell. [H. R. 26606.. [Private, No. (To compensate him for the accidental death of his son, 36 Stat. L., pt A. 0. Caswell, killed on the Panama Canal. See p. 89.) 2, p. 2021. Mar. 1, 1911. CHAP. 187.-An Act To protect the dignity and honor of the uni[H. R. 23015.1 form of the United States. [Public, No. 436.] 1, p t.9a. (Applicable to Isthmian Canal Zone. See p. 60.) Mar. 2, 1911. CHAP. 195.-An Act To restrain the Secretary of the Treasury from [S. 10456.1 receiving bonds issued to provide money for the building of the Panama [Public, No. 444.] Canal as security for the issue of circulating notes to national banks, and 36 Stat. L., pt. for other purposes. 1, p. 1013. Panama Canal bonds.t b Be it enacted by the Senate and House of Representatives of Not receivable for national-bank the United States of America in Congress assembled, That circulation the Secretary of the Treasury be, and he is hereby, authorized to insert in the bonds to be issued by him under section thirty-nine of an Act entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes," approved August fifth, nineteen hundred and nine, a provision that such bonds shall not be receivable by the Treasurer of the United States as security for the issue of circulating notes to national banks; and the bonds containing such provision shall not be receivable for that purpose. Mar. 3,1911. CHAP. 208.-An Act Making appropriations for the Diplomatic and [H. R. 3266.1 Consular Service for the fiscal year ending June thirtieth, nineteen [Public, No. 462.] hundred and twelve. 36 Stat. L., pt.,. 1. (Relief and protection of shipwrecked American seamen in the Isthmian Canal Zone. See p. 450.) 126 ISTHMIAN CANAL ZONE. 127 CHAP. 226.-An Act To prevent the disclosure of national defense Mar. 3, 1911. secrets. [H. R. 26666.] [Public, No. 470.] (Applicable to the Isthmian Canal Zone. See p. 66.) l,36. L, pt. CHAP. 239.-An Act Making appropriations for the naval service Mar. 4,1911. for the fiscal year ending June thirtieth, nineteen hundred and twelve, [H R. 32212.1 and for other purposes. [Public, No. 479.] 36 Stat. L., pt. (Repairs of marine barracks in the Isthmian Canal 1, p. 126 Zone. See p. 70.) CHAP. 286.-An Act Making appropriations for sundry civil ex- Mar. 4,1911. penses of the Government for the fiscal year ending June thirtieth, [H. R. 32909.] nineteen hundred and twelve, and for other purposes. [Public, No. 525.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. of the United States of America in Congress assembled,, p. 1363. That the following sums be, and the same are hereby, ap- Sundry civil propriated, for the objects hereinafter expressed, for the priations. fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * THE ISTHMIAN CANAL. To continue the construction of the Isthmian Canal, to construction. be expended under the direction of the President, in accordance with an Act entitled "An Act to provide for the construction of a canal connecting the waters of the Atlantic and Pacific oceans," approved June twenty-eighth, nineteen hundred and two, and Acts amendatory thereof or supplementary thereto: First. For salaries of officers and employees of the sCan^l CommisIsthmian Canal Commission, including assistant pur- Salaries in chasing and shipping agents, and all other employees in ued States. the United States, one hundred and thirty thousand dollars. Second. For incidental expenses, including rents, cable Incidental e x. and telegraph service, supplies, stationery and printing, and actual necessary traveling expenses in the United States (including rent of the Panama Canal building in Rentec the District of Columbia, seven thousand five hundred dollars, textbooks and books of reference, one thousand dollars, and additional compensation to the Auditor for the War Department for extra services in auditing accounts of the Isthmian Canal, one thousand dollars), fifty thousand dollars. Third. For pay of members of the commission and Constru0tion, officers and employees on the Isthmus, other than skilled Pay of commisand unskilled labor, including civil engineers, superin- sionerSd em. tendents, instrumentmen, transitmen, levelmen, rodmen,. on th e draftsmen, timekeepers, mechanical and electrical engineers, quartermasters, clerks, accountants. stenogra28872~-S. Doc. 306, 62-2 11 128 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. phers, storekeepers, messengers, office boys, foremen and subforemen, wagon masters, watchmen, and stewards, including those temporarily detailed for duty away from the Isthmus, in the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, three million nine hundred Proyiso ere thousand dollars: Provided, That not more than five tary. thousand dollars of this appropriation shall be paid as compensation to the secretary of the commission. Labor. Fourth. For skilled and unskilled labor on the Isthmus, including engineers, conductors, firemen, brakemen, electricians, teamsters, cranesmen, machinists, blacksmiths, and other artisans, and their helpers; janitors, sailors, cooks, waiters, and dairymen, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, sixteen million five hundred thousand dollars. Purchase of Fifth. For purchase and delivery of material, supplies, and equipment, including cost of inspecting material and of paying traveling expenses incident thereto, whether on the Isthmus or elsewhere, and such other expenses not in the United States as the commission deems necessary to best promote the construction of the Isthmian Canal, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, nineteen million dollars. Miscelanous. Sixth. For miscellaneous expenditures, cable and telegraph service, stationery and printing, local railway transportation, special trains, including pay-train service; transportation of currency to the Isthmus, recruiting and transporting laborers, transporting employees from the United States, repatriating laborers and employees, actual necessary traveling expenses while on the Isthmus on official business; expenses incident to conducting hearings and examining estimates for appropriations on the Isthmus, and all other incidental and contingent expenses not otherwise provided for, for the departments of construction and engineering, quartermaster's, subsistence, disbursements and examination of accounts, nine hundred and fifty thousand dollars. caioorlnt of Seventh. For pay of the member of the commission in ayof commis- charge, of officers and employees, other than skilled and sioner officers h oye et.r unskilled labor, including foremen, subforeman, watchmen, messengers, and storekeepers, of the department of civil administration, including those necessarily and temporarily detailed for duty away from the Isthmus, five hundred and fifty thousand dollars; Labor. Eighth. For skilled and unskilled labor for the department of civil administration, twenty thousand dollars; Matr, ete Ninth. For material, supplies, equipment, construction and repairs of buildings, and contingent expenses of the department of civil administration, including not exceeding five hundred dollars for law books, one hundred and ten thousand dollars; ISTHMIAN CANAL ZONE. 129 Tenth. For pay of the member of the commission in partationt de charge, of officers and employees other than skilled and Payof commisunskilled labor, including hospital dispensers, internes, Iter' officers nurses, attendants, messengers, office boys, foremen and subforemen, watchmen, and stewards, of the department of sanitation on the Isthmus, including those temporarily detailed for duty away from the Isthmus, six hundred thousand dollars; Eleventh. For skilled and unskilled labor of every grade Labor. and kind, for the department of sanitation on the Isthmus, two hundred thousand dollars; Twelfth. For material, supplies, equipment, construe- Materials, etc. tion and repairs of buildings, medical aid and support of the insane, and of indigent persons permanently disabled while in the line of duty and in the employ of the Isthmian Canal Commission, from earning a livelihood, and contingent expenses of the department of sanitation on the Isthmus, eight hundred thousand dollars. Thirteenth. or the payment of the cost of relocating pRelacaRtig the Panama Railroad, including salaries, wages, mate- road. rial, and supplies, and all other expenses incident thereto, two million seven hundred and fifty thousand dollars. In all, forty-five million five hundred and sixty thou- Amount sand dollars, the same to be immediately available and to continue available until expended: frovided, That all P"~i~ditures expenditures from the appropriations heretofore, herein, from sale of and hereafter made for the Isthmian Canal, exclusive of bonds. fortifications, shall be paid from, or reimbursed to the Treasury of the United States out of the proceeds of the sale of bonds authorized in section eight of the said Act approved June twenty-ei hth, nineteen hundred and two, and section thirty-nine of the tariff Act approved August fifth, nineteen hundred and ten. Except in cases of emergency, or conditions arising ployelimted to subsequent to and unforeseen at the time of the passage estimates. of this Act, there shall not be employed at any time during the fiscal year nineteen hundred and twelve, under any of the foregoing appropriations for the Isthmian Canal, any greater number of persons than are specified in the notes submitted respectively in connection with the estimates for each of said appropriations in the annual book of estimates for said year, nor shall there be paid to any of such persons during that fiscal year any greater rate of compensation than was authorized to be paid to persons occupying the same or like positions on the first day of July, nineteen hundred and ten, and all employments made or compensation increased because of emergencies or conditions so arising shall be specifically set forth, with the reasons therefor, by the chairman of the commission in his report for the fiscal year nineteen hundred and twelve. Ten per centum of the foregoing amounts shall be avail- antercharge able interchangeably for expenditure on objects named; tions. 130 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. but not more than ten per centum shall be added to any one item of the appropriation. lowanc restrict - No part of the foregoing appropriations for the Isthe. mian Canal shall be applied to the payment of allowances for longevity service, or lay-over days other than such as may have accumulated under existing orders of the commission, prior to July first, nineteen hundred and nine. Fortifcations. FORTIFICATIONS, ISTHMIAN CANAL. Scoast bat- For construction of seacoast batteries on the Canal taries, CCanal Zone. Zone, two million dollars. Seacoast can- For the purchase, manufacture and test of seacoast cannon for coast defense, including their carriages, sights, implements, equipments, and the machinery necessary for the manufacture at the arsenals, to cost ultimately not to exceed one million nine hundred and sixty-six thousand dollars, one million dollars, the same to be immediately available and to continue available until expended. roPdnato R- SEC. 2. Hereafter the Panama Railroad Company insurance n o r shall carry no insurance to cover marine or fire losses, nor pay fornotes, etc. make any further payment on the principal or interest on notes heretofore given by it to the United States for moneys appropriated for its use. retenue. of SEC. 3. All funds collected by the government of the Canal Zone from rentals of public lands and buildings in the Canal Zone and the cities of Panama and Colon, and from the zone postal service, and from court fees and fines, and collected or raised by taxation in whatever form under the laws of the government of the Canal Zone, are hereby appropriated until and including June thirtieth, nineteen hundred and twelve, as follows: The revenues derived from the postal service to the maintenance of that service; the remaining revenues, including any balances unexpended in prior years, after setting aside a miscellaneous and contingent fund of not exceeding ten thousand dollars, to the maintenance of the public-school system in the zone; to the construction and maintenance of public improvements within the zone; to the maintenance of the administrative districts; to the maintenance of Canal Zone charity patients in the hospitals of the Isthmian Canal Commission, and to the maintenance of tatement to administrative district prisoners. A detailed and classified statement of all receipts and expenditures without the duplication of items under this paragraph shall be submitted to Congress after the close of the fiscal year nineteen hundred and twelve. F u nds ^om SEC. 4. All funds realized during the fiscal year nineteen services, sales, etc. hundred and twelve by the Isthmian Canal Commission ore^op"rotied from the performance of services by the commission, or from rentals, or from the sale of materials and supplies under the custody or control of the commission, are appropriated for expenditure under any of the foregoing ISTHMIAN CANAL ZONE. 131 classified appropnations for the department of construction and engineering; and a full and separate report in detail of all transactions under this section shall be made to Congress. That until the close of the fiscal year nineteen hundred abU nlqse ice and twelve, when any material, supplies, and equipment etc. may o heretofore or hereafter purchased or acquired for the con- gthout adverts struction of the Isthmian Canal is no longer needed, or is no longer serviceable, it may be sold in such manner as the Secretary of War may direct, and without advertising in such classes of cases as may be authorized by him. SEC. 5. That hereafter the Act granting to certain em- Injures to employees. ployees of the United States the right to receive from it ompensation compensation for injuries sustained in the course of their allowed employment shall apply to all employees under the Isthmian Canal Commission, when injured in the course of their employment; and claims for compensation on account of injury or death resulting from an accident occurring hereafter shall be settled by the chairman of the Isthmian Canal Commission, who shall, as to such claims and under such regulations as he may prescribe, perform all the duties now devolving upon the Secretary of Commerce and Labor: Provided, That when an injury results claimsO. in death, claim for compensation on account thereof shall for deaths. be filed within one year after such death. SEC. 6. Hereafter the Panama Railroad Company rPdaema Rail. shall not be required to give bond, either with or without Bond not re. surety, in contracts which it may make to furnish serv- qured c.byserv ices, materials, or supplies to the Army, Navy, Marine Corps, or other departments of the Government, and such contracts may be made for periods less than one year, as may be agreed on, and formal contracts in writing shall not be required unless agreed on. SEC. 7. That all sums appropriated by this Act for riesto fr sal salaries of officers and employees of the Government shall be in full for such salaries for the fiscal year nineteen hundred and twelve, and all laws or parts of laws in conflict with the provisions of this Act be, and the same are hereby, repealed. JOINT RESOLUTION. [No. 5.] Joint Resolution Authorizing the President to invite for- Feb. 15, 1911. eign countries to participate in the Panama-Pacific International [H. J. Res. 213.1 Exposition in nineteen hundred and fifteen, at San Francisco, Cali- [Pub. Res., No. fornia. 56.] 36 Stat. L., pt. 1, P. 1454. Resolved by the Senate and House of Representatives of Panama-athe United States of America in Congress assembled, That at San ErSciPsi whenever it shall be shown to the satisfaction of the Presi- 115.President to ndent of the United States that a suitable site has been vite foreign counselected, and that the sum of not less than fifteen million tries to paSrcdollars will be available to enable the Panama-Pacific International Exposition Company, a corporation organ ~___ ___ 132 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ized and existing under and by virtue of the laws of the State of California, for the purpose of inaugurating, carrying forward, and holding an exposition at the city and county of San Francisco, California, on or about the first day of January, nineteen hundred and fifteen, to celebrate the completion and opening of the Panama Canal, and also the four hundredth anniversary of the discovery of the Pacific Ocean, the President of the United States be, and he hereby is, authorized and respectfully requested, by proclamation or in such manner as he may deem proper, to invite all foreign countries and nations to such proposed exposition, with a request that they participate therein. PHILIPPINE ISLANDS. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 6.-An Act To provide revenue, equalize duties and en- Aug. 5, 1909. courage the industries of the United States, and for other purposes. [H. R. 1438.[Public, No. 5.] (Extension of time for appeals to Court of Customs Ap- 1,3" Stat. L. pt. peals; Imports from, subject to regular duties-Exceptions; Duty in, on sugar and tobacco imported from other countries; Preference to small sugar producers; United States products to be admitted free; Direct shipment required; Shipments in bonds; Articles damaged in transit; Articles for United States to be free from export duties; Internal-revenue tax on imports from Philippines; Exempt from Philippine tax; Internal-revenue tax on imports from United States; Exempt from United States tax; Internalrevenue tax on imports other than from United States; Internal revenues to be paid into insular treasury; Allotment by Philippine Commission. See pp. 358, 327, 328, 329.) CHAP. 8.-An Act To raise revenue for the Philippine Islands, Aug. 5,1909. and for other purposes. [H. R. 9135.1 [Public, No. 7.1 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives L-, pt of the United States of America in Congress assembled, That on and after sixty days following the passage of this Philifpine TarAct, except as otherwise specifically provided in this Act, Duties on imports, after CC there shall be levied, collected, and paid, upon all articles, after goods, wares, or merchandise of every kind and class entering the jurisdiction of the Philippine Islands, from any place or places, including the United States and its possessions, and in any manner whatsoever, either with intent to unlade therein, or which, after such entering, are consumed therein, or become incorporated into the general mass of property within said islands, the rates of import duty which are by this Act specifically provided. SEC. 2. That the following rules shall be observed in prCostion J the construction and enforcement of the various provi-pro sions of this Act: GENERAL RULES: General rules. TREATMENT OF TEXTILES. Textiles. RULE 1. NUMBER OF THREADS AND ASCERTAINMENT Thread count THEREOF.-By the number of threads in a textile shall, unless otherwise stipulated, be meant the total number 133 134 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of all threads contained in the warp and weft thereof in a square of six millimeters. Warp is the total number of threads which lie longitudinally in a textile, whether they form the foundation thereof or have been added thereto. Weft shall be considered the total number of threads which cross the warp, whether from selvage to selvage or not. To determine the number of threads in a textile, and the proportion thereof subject to the highest rate of duty, a "thread counter" shall be used. Should a textile be more closely woven in some parts than in others, the number of threads in.the most closely woven part and in the most loosely woven part of the body of the textile shall be ascertained, and the average number of threads resulting shall serve as the basis for levying duty. Threads shall be counted on the finished side of the textile, if the nature thereof permits; otherwise, on the reverse side. If necessary, to ascertain the number of threads, the nap shall be removed or a sufficient part of the textile unraveled. Made-up ati- Should this be impossible without damaging a made-up cles. article, the textile shall be subject to the highest rate of duty applicable, in the group to which it belongs, and if the textile be mixed, it shall be dutiable at the rate applicable to the most highly taxed component material in the exterior of the article. Surtaxestion. RULE 2. SURTAXES: (a) How COMPUTED.-The surtaxes applicable on account of broch6, metal threads, embroidery, trimming, or making-up shall be computed on the primary duties leviable on the textile, including therewith the increase of such duties in case, and on account, of admixture. td valorem (b) ON GOODS DUTIABLE AD VALOREM.-Articles of any character, dutiable at an ad valorem rate, shall not be subject to any of the surtaxes provided herein, unless the application of such surtaxes to said ad valorem rate is specifically provided for in this Act. Two materials. RULE 3. ADMIXTURES OF TWO MATERIALS.-Textiles composed of two materials shall be dutiable as follows: Cotton, etc (a) Cotton textiles containing threads of other vegetable fibers, and in which the total number of such threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class V, with a surtax of fifteen per centum. When the number of threads of other vegetable fibers exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VI. Cotton textiles containing threads of wool, hair, or wastes of these materials, and in which the total number of such threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class V, with a surtax of thirty-five per centum. PHILIPPINE ISLANDS. 135 When the number of threads of wool, hair, or their wastes exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VII. Cotton textiles containing threads of silk, and in which the total number of such threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class V, with a surtax of seventy per centum. When the number of threads of silk exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VIII. The provisions of this rule shall not apply to pile fabrics, knitted or netted stuffs, tulles, laces, or blondes (Rule Six), or to ribbons, galloons, braids, tape, or trimmings (Rule Seven). (b) Textiles of vegetable fibers (except cotton), con- tahber vegetaining threads of wool, hair, or their wastes, and in which table fibers. the number of such threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VI, with a surtax of forty per centum. When the number of threads of wool, hair, or their wastes, exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VII. Textiles of vegetable fibers (except cotton), containing threads of silk, and in which the number of such threads, counted in the warp and weft, does not exceed one-fifth of of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VI, with a surtax of sixty per centum. When the number of silk threads exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraphs of Class VIII. The provisions of this rule shall not apply to pile fabrics, knitted or netted stuffs, tulles, laces, or blondes (Rule Six), or to ribbons, galloons, braids, tape, or trimmings (Rule Seven). (c) Textiles of wool, or hair, containing threads of silk, Wool, et.o and in which the number of such threads exceeds one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VIII. RULE 4. ADMIXTURES OF MORE THAN TWO MATERIALS.- More than two Textiles composed of more than two materials shall be dutiable as follows: (a) Textiles of an admixture of wool and cotton, or of wool and other vegetable fibers, containing threads of silk, but in which the number of silk threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VII. 136 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. When the number of silk threads exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VIII. (b) Textiles of an admixture of cotton and other vegetable fibers, together with threads of silk, but in which the number of silk threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VI, and in addition, shall be liable to a surtax of seventy per centum for the threads of silk. When the number of silk threads exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VIII. (c) Textiles of an admixture of wool, cotton, and other vegetable fibers, containing no silk threads, and in which the number of threads of wool, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, shall be dutiable under the corresponding paragraphs of Class VI, and in addition, shall be liable to a surtax of forty per centum for the threads of wool. When the number of threads of wool exceeds one-fifth of the total, the textile shall be dutiable under the corresponding paragraph of Class VII. Silk textiles. RULE 5. SILK TEXTILES.-All textiles containing silk threads, the number of which, counted in the warp and weft, exceeds one-fifth of the total number of threads composing the textile, shall be deemed textiles of silk. Exceptions. EXCEPTIONS. anPi netted t RULE 6. PILE FABRICS, AND KNITTED AND NETTED STUFFs.-Plushes, velvets, velveteens, all pile fabrics, all kinds of knitted or netted stuffs, tulles, laces and blondes, containing an admixture of textile materials, shall be dutiable at the rate applicable to the most highly taxed component material, whatever be the proportion of such material in the article. Ribbons etc. RULE 7. RIBBONS, GALLOONS, BRAIDS, TAPE, AND TRIMMINGS.-Ribbons, galloons, braids, tape, and trimmings, containing an admixture of textile materials, shall be dutiable at the rate applicable to the most highly taxed component material, whatever be the proportion of such material in the article. When any of these articles contain metal threads in any proportion they shall be dutiable under the correspondingparagraphs of Class VIII. Brochbs. RULE 8. BRocHES. —Broch6s dutiable under Class V, with silk, shall be liable to the duties leviable thereon with a surtax of fifteen per centum. Broch6s, dutiable under Class VI, with silk, shall be liable to the duties leviable thereon with a surtax of thirty per centum. PHILIPPINE ISLANDS. 137 Broch6s are textiles with ornamental figures formed by means of a shuttle at time of weaving, and in such manner that the threads forming the figure occupy only the space thereof. RULE 9. EMBROIDERY AND TRIMMINGS.-Textiles, em- Embroidery broi(ered by hand or machine after weaving, or with application of trimmings, shall be liable to the duties leviable thereon with a surtax of thirty per centum. If the embroidery contains threads of purl or common metals or of silver, or spangles of any material other than gold, the surtax shall be sixty per centum of the duties applicable to the textiles. When the threads, purl, or spangles are of gold, the surtax shall be one hundred per centum. Embroidery is distinguished from patterns woven in the textile by the latter being destroyed by unraveling the weft of the textile, while embroidery is independent of the warp and weft and can not be so unraveled. RULE 10. METALLIC THREADS.-Textiles composed ex- M e t a 11 o clusively of metallic threads shall be dutiable under Class VIII. Textiles or articles (except those provided for in Rules Seven and Nine hereof), dutiable under Classes V and VI, containing threads or purl of common metals or of silver shall be liable to a surtax of fifty per centum of the duties leviable thereon. If the threads or purl are of gold the surtax shall be one hundred per centum. RULE 11.. MADE-UP ARTICLES.-Textiles, dutiable under cleadup arti. Classes V and VI, entirely or partially made-up into common sacks (except gunny sacks) or tarpaulins, shall be liable to the duties applicable thereto with a surtax of fifteen per centum. Shawls, including those called "mantones" and "pafolones," traveling rugs, sarongs, patadeones, counterpanes, sheets, towels, table cloths and napkins, veils, fichus, and handkerchiefs, shall, for the making-up, be liable to a surtax of thirty per centum of the duties leviable thereon. Any of these articles, imported in the piece, uncut, shall not be considered as made-up, except in those cases where the line of separation between them is indicated by unwoven spaces. Other articles, including wearing apparel, not other- apw e a ci g wise provided for, cut, basted, partially finished, or finished, shall be treated in accordance with Rule one, and shall be dutiable at the rate applicable to the most highly taxed component material in the exterior thereof, with a surtax of fifty per centum: Provided, That made-up articles enumerated in this Act shall not be subject to any surtax for making-up unless such surtax is specially provided in connection with the corresponding paragraph or clause. 138 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Articles not ARTICLES NOT ENUMERATED AND THOSE COMPOSED OF enumerated. SEVERAL MATERIALS. mCti.onesa nt RULE 12. On any article, not enumerated in this Act, value, manufactured of two or more materials, duty shall be assessed at the rate at which the same would be dutiable if composed wholly of the component material thereof of chief value; and the words "component material of chief value," wherever used in this Act, shall be held to mean that component material which shall exceed in value any other single component material of the article; and the value of each component material shall be determined by the ascertained value of such material in its condition as found in the article. applicable. aHlght rate (b) If two or more rates of duty shall be applicable to any article, it shall pay duty at the highest of such rates. Classification. (C) No customs officer shall give an advance opinion as to the classification for duty of any article intended to be Sales ofarti- imported: Provided, That when an article intended to be cles not men-imported is not specifically mentioned in this Act, the tioned. interested party or the importer may deposit with the insular collector of customs a sample thereof and request thim to indicate the paragraph under which the article is or shall be dutiable, and the insular collector of customs shall comply with such request. In such case classification of the article in question, upon the particular importation involved, shall be made according to the paragraph so indicated. Salvage. (d) Salvage from vessels built in foreign countries and wrecked or abandoned in Philippine waters or elsewhere, not otherwise provided for, shall be dutiable according to the corresponding paragraphs of this Act. Recept a c I e s. packages and RECEPTACLES, PACKAGES, AND PACKING. packing. Vctual market RULE 13. (a) Whenever imported merchandise is subject to an ad valorem rate of duty, the duty shall be assessed upon the actual market value or wholesale price of such merchandise, as bought and sold in usual wholesale quantities, at the time of exportation to the Philippine Islands, in the principal markets of the country from whence imported, and in the condition in which such merchandise is there bought and sold for exportation to the Philippine Islands, or consigned to the Philippine Islands for sale, including the value of all cartons, cases, crates, boxes, sacks, and coverings of any kind, and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the Philippine Islands. Altertative (b) Whenever an article is subject to an alternative minimum ad valorem rate, the alternative ad valorem duty shall be ascertained by applying the corresponding ad valorem rate to such merchandise, inclusive of all costs and charges mentioned in clause (a) of this rule. PHILIPPINE ISLANDS. 139 (c) The term "retail package" wherever used in this Retal pack Act shall be held to mean any article, goods, wares, or merchandise, together with the holders, containers, packages, or packing, in which such article, goods, wares, or merchandise is usually held, contained, or packed at the time of its sale to the public in usual retail quantities. (d) Wherever it is provided in this Act that articles, Weight of congoods, wares, or merchandise shall be dutiable "including weight of immediate containers," the dutiable weight thereof shall be held to be the weight of same, together with the weight of the immediate container, holder, or packing only: Provided, That wherever in this Act the Plovio. term "including weight of immediate containers" and the term "retail package" are both used in the same paragraph or clause, the dutiable weight shall be the weight of -the retail package. (e) Wherever it is provided in this Act that articles, Gross weight, goods, wares, or merchandise shall be dutiable by "gross weight," the dutiable weight thereof shall be held to be the weight of same, together with the weight of all containers, packages, holders, and packing, of whatsoever kind or character, in which said articles, goods, wares, and merchandise are contained, held, or packed at the time of importation. (f) Articles, goods, wares, or merchandise affixed to cardboard, cards, paper, wood, or similar common material shall be dutiable together with the weight of such packing. (g) The usual tapes, boards, and immediate wrapping shall be considered as a part of the dutiable weight of textiles. (h) No duties shall be assessed on account of the usual Usual cove coverings or holdings of articles, goods, wares, or merchandise dutiable otherwise than ad valorem, nor those free of duty, except as in this Act expressly provided, but if there be used for covering or holding imported articles, goods, wares, or merchandise, whether dutiable or free, any unusual article, form, or material adapted for use otherwise than in the bona fide transportation of such articles, goods, wares, or merchandise to the Philippine Islands, duty shall be levied and collected on such covering or holding in accordance with the corresponding paragraphs of this Act. (i) Whenever the interior container or packing of any Unusual coverarticle dutiable by weight is of an unusual character, including silk-lined cases, cases of fine wood, silk, leather, or imitations thereof, such as are used to contain jewelry, plate, trinkets, and the like, such containers or packing shall be dutiable at the rate applicable to the component material of chief value. (j) When a single package contains imported merchan- Exteror ecep dise dutiable according to different weights, or weight and ad valorem, the ccnmon exterior receptacle shall be prorated and the different proportions thereof treated in ac 140 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. cordance with the provisions of this rule as to the dutiability or nondutiability of such packing. Etimaeting du (k) Where articles, goods, wares, or mercharodise dutiquantity. able by weight, and not otherwise specially provided for, are customarily contained in packing, packages, or receptacles of uniform or similar character, it shall be the duty of the insular collector of customs, from time to time, to ascertain by tests the actual weight or quantity of such articles, goods, wares, or merchandise, and the actual weight of the packages, packing, or receptacles thereof, respectively, in which the same are customarily imported, and upon such ascertainment, to prescribe rules for estimating the dutiable weight or quantity thereof, and thereafter such articles, goods, wares, or merchandise imported in such customary packing, packages, or receptacles shall be entered, and the duties thereon levied and collected, upon the basis of such estimated dutiable weight Objections or quantity: Provided, That if the importer, consignee, or agent shall be dissatisfied with such estimated dutiable weight or quantity, and shall file with the collector of customs prior to the delivery of the packages designated for examination a written specification of his objections thereto, or if the collector of customs shall have reason to doubt the exactness of the prescribed weight or quantity in any instance, it shall be his duty to cause such actual weights or quantities to be ascertained. Importa t in PROHIBITED IMPORTATIONS. prohibited. SEC. 3. That importation or shipment into the Philippine Islands of the following articles is prohibited: Efxplosives (a) Dynamite, gunpowder, similar explosives, firearms firearms, etc. a Exception. and detached parts therefor, except in accordance with enactment of the Philippine legislature, or when imported by, or for the use of, the United States or insular governments. Obscene etc., (b) Articles, books, pamphlets, printed matter, manuscripts, typewritten matter, paintings, illustrations, figures or objects of obscene or indecent character or subversive of public order. ambling de- (C) Roulette wheels, gambling outfits, loaded dice, marked cards machines, apparatus, or mechanical devices used in gambling, or in the distribution of money, cigars, or other articles when such distribution is dependent upon chance. ed gld or slvdr (d) Any article manufactured in whole or in part of articles. gold or silver or alloys thereof, falsely marked or stamped in violation of the Act of Congress of June thirteenth, nineteen hundred and six, entitled "An Act forbidding the importation, exportation, or carriage in interstate commerce of falsely or spuriously stamped articles of merchandise made of gold or silver or their alloys, and for other purposes. Violonsaw of (e) Any article violating the provisions of the Act of Congress of June thirtieth, nineteen hundred and six, PHILIPPINE ISLANDS. 141 entitled "An Act for preventing the manufacture, sale, or transportation of adulterated or misbranded or poisonous or deleterious foods, drugs, medicines, and liquors, and for regulating traffic therein, and for other purposes," commonly known as "the pure-food law. (f) Lottery tickets, advertisements thereof, lists of etttertickets drawings therein, which, after seizure upon illegal entry, shall, together with the proceeds thereof, be forfeited to the government of the Philippine Islands, after due process of law. (g) Opium, in whatever form, except by the govern- opium. Exception. ment of the Philippine Islands, and by pharmacists duly licensed and registered as such, under the laws in force in said islands, and for medicinal purposes only. (h) Opium pipes, parts therefor, of whatsoever Opium pipes. material. ABBREVIATIONS. Abbreviations. SEC. 4. That the following abbreviations employed in this Act shall represent the terms indicated: Hectog. for hectogram. Kilo. for kilogram. Kilos. for kilograms. Hectol. for hectoliter. DEFINITIONS. Definitions. SEC. 5. The term" pharmaceutical product, wherever used in this Act, shalE be held to include all medicines or preparations recognized in the United States Pharmacopoeia or National Formulary for internal or external use, and any substance or mixture of substances used for the cure, mitigation, or prevention of human or animal diseases, provided the same are not otherwise provided for in this Act. The term "proprietary," as applied to medicinal remedies, wherever used in this Act, shall be held to mean a "preparation the manufacture or sale of which is restricted, through patent of the drug or combination of drugs, copyright of the label or name, or in any other manner, or a preparation concerning Which the producer or manufacturer claims a private formula." Wherever in this Act the words "the same" appear as the first words of a paragraph they shall be held to refer to and to mean the same as the caption of the preceding paragraph. Should such words appear as the first words of a clause they shall be held to refer to and to mean the same as the clause which immediately precedes the one in which they are used. PAYMENT OF DUTIES. duPayment or PAYMENT Fduties. SEC. 6. That the rates of duty established in this Act Philippine are stated in money of the United States of America, but that payment thereof shall be made in Philippine currency or its equivalent in money of the United States of Anmerica. 142 LAWS RELATING TO INSLAR AND MILITARY AFFAIRS. Metric system. METRIC SYSTEM. CostinSed.6 SEC. 7. That the metric system of weights and meas3570, p. 704 ures as authorized by sections thirty-five hundred and sixty-nine and thirty-five hundred and seventy of the Revised Statutes of the United States, and at present in use in the Philippine Islands, shall be continued. The meter is equal to thirty-nine and thirty-seven one-hundredths inches. The liter is equal to one and five hundred and sixtyseven ten-thousandths quarts, wine measure. The kilogram is equal to two and two thousand and forty-six ten-thousandths pounds, avoirdupois. RATES OF DUTIES. Rates on im- SEC. 8. That the rates of duties to be collected on rt. articles, goods, wares, or merchandise imported into the Philippine Islands, or going into said islands from the United States or any of its possessions except as otherSani arti-wise provided in this Act, shall be as follows: Provided, cles. That no article bearing evident signs of being for sanitary construction shall pay a higher rate of duty than twenty Maximum a d per centumrn ad valorem: And provided further, That no Exceptions, pp. article shall pay a higher rate of duty than one hundred 147, 162, 64, 68. per centum ad valorem, except and unless the same shall be classified under paragraphs ninety, two hundred and thirty-seven, two hundred and fifty-seven, two hundred and fifty-eight, two hundred and fifty-nine, two hundred and sixty, two hundred and sixty-one or three hundred and one, in which event the rate of duty thereby resulting shall be collected, anything in this Act to the contrary feimrigprticled notwithstanding: And provided further, That articles of foreign growth, produce, or manufacture shall be dutiable upon each importation, even though previously exported from the Philippine Islands, except as otherwise specifically provided in this Act. CS earths CLASS I.-STONES, EARTHS, GLASS, AND CERAMIC glass, and ceramic PRODUCTS. products. Stone 1and GROUP 1.-STONES AND EARTHS. eart"~ 1. Marble, onyx, jasper, alabaster, and similar fine stones: (a) In block, rough or squared only, and marble dust, twenty per centum ad valorem. (b) In slabs, plates, or steps, sawed or chiseled, polished or not, but without ornamentation, thirty per centum ad valorem. (c) Any of these stones, lettered, further manufactured or decorated, not otherwise provided for, forty per centum ad valorem. PHILIPPINE ISLANDS. 143 2. Stones, other, natural or artificial, gross weight: (a) In block, rough or squared only, one hundred kilos., ten cents. (b) Crushed, sawn, hewn, or dressed, whether polished or not, or if in slabs, plates, or steps, one hundred kilos., fifty cents. (c) Manufactured into articles not otherwise provided for, one hundred kilos., one dollar. 3. Millstones, grindstones, whetstones, oilstones and hones, of all kinds, and emery, carborundum, and similar wheels for sharpening, dressing, or polishing, including frames and mountings for any of the foregoing imported therewith, ten per centum ad valorem. 4. Asbestos, and manufactures thereof, not otherwise provided for, fifteen per centum ad valorem. 5. Mica and lava, and manufactures thereof, gas-burner tips, and Welsbach and other similar mantles for lamps, twenty-five per centum ad valorem. 6. Earths, gross weight: (a) Fire clay, lime, and Roman, Portland and other hydraulic cement, one hundred kilos., sixteen cents. (b) Gypsum, pumice, emery, chalk, kaolin (China clay), unmanufactured, and other crude earths and clays not otherwise provided for, one hundred kilos., forty cents. 7. Manufactures of gypsum, gross weight, one hundred Manufactures kilos., five dollars. Provided, That no article classified under this Proviso. Minimum. paragraph shall pay a less rate of duty than fifty per centum ad valorem. 8. Manufactures of chalk, including billiard chalk, red chalk, and French and tailors' chalk, including weight of immediate containers, one hundred kilos., four dollars. 9. Common clay and cement, in bricks, squares, tiles, and pipes, not otherwise provided for, ten per centum ad valorem. 10. Ceramic tiles, gross weight: Ceramics. (a) Varnished or glazed, whether vitrified or not, undecorated, one 'hundred kilos., fortyfive cents. (b) Enameled, ornamented or decorated, one hundred kilos., one dollar and twenty cents. 11. Porcelain, bisque, faience, earthenware, stoneware and other ceramic wares not otherwise provided for: (a) In filters and articles bearing evident signs of being for sanitary construction, and parts therefor identifiable as such, ten per centum ad valorem. 28872~-S. Doc. 306, 62-2 12 144 LaWS RELATING TO INSULAR AND MILITARY AFFAIRS. 11. Porcelain, bisque, faience, earthenware, stoneware, and other ceramic wares not otherwise provided for-Continued. (b) In common bottles, jars, crucibles, cupels, kitchen utensils and flowerpots. neither gilt, painted, glazed, decorated, nor ornamented, fifteen per centum ad valorem. (c) In articles not otherwise provided for, neither gilt, painted, glazed, decorated, nor ornamented, twenty per centum ad valorem. (d) In dishes, tableware, or articles not otherwise provided for, glazed or plain-tinted, but neither gilt, painted, decorated, nor ornamented, twenty-five per centum ad valorem. (e) In dishes, tableware, or articles not otherwise provided for, painted, gilt, decorated, or ornamented, forty per centum ad valorem. (f) Fine decorated wares, in jardirieres, flower stands, vases, and articles for decorative purposes, statuettes, high and bas-reliefs, and Satsunfia, Sevres, and similar fine porcelains, whether decorated or not, fifty per centum ad valorem. 12. Manufactures of earths and clays not otherwise provided for: (a) Plain, twenty-five per centum ad valorem. (b) Ornamented or decorated, forty per centum ad valorem. Group 2. GROUP 2.-PRECIOUS STONES, PEARLS, AND IMITATIONS THEREOF. ereclous stone, 13. Precious and semiprecious stones, including jade, tiger-eye, chalcedony, opal, and similar stones not otherwise provided for, any of the foregoing cut or uncut, but unmounted and unset, and not further manufactured, pearls unmounted and unset, diamond dust and bort, fifteen per centum ad valorem. 14. Doublets and other imitations of precious and of semiprecious stones, and imitation pearls, unmounted and unset, thirty per cent ad valorem. Group GROUP 3. —GLASS AND MANUFACTURES THEREOF. lass and man- Articles ground or cut only for the purpose of truing them or fitting stoppers shall not be held to be cut glass. 15. Common hollow glassware: (a) In demijohns, carboys, jars, bottles, flasks, and similar receptacles, whether empty or in use as containers of merchandise dutiable by weight or measure (except in those cases in which the classification of such containers is otherwise specifically provided for), ten per centum ad valorem. PHILIPPINE ISLANDS. 145 15. Common hollow glassware-Continued. (b) Siphon bottles, thirty per centum ad valorem. 16. Glass, crystal, and glass imitating crystal: (a) In decanters, glasses, tumblers, cups, goblets, saucers, plates, dishes, pitchers, bowls, candlesticks, pillar lamps, bracket lamps, and other articles of table service or for lighting; washbowls, wash basins, soap dishes, toothbrush holders and washstand pitchers, any of the foregoing not cut, engraved, painted, enameled, or gilt, twentyfve per centum ad valorem. (b) The same, cut, engraved, painted, enameled, or gilt, fifty per centum ad valorem. 17. Lamp chimneys: (a) Neither engraved nor ornamented (except as to such fluting and finishing as may be made in the process of manufacture), twenty-five per centum ad valorem. (b) Other, fifty per centum ad valorem. 18. Glass or crystal in plates, slabs, and similar forms: (a) Slabs, cones or prisms, for paving or roofing, gross weight, one hundred kilos., one dolfar and sixty-five cents. (b) Common window glass, neither polished, beveled, engraved nor annealed, twentyfive per centum ad valorem. (c) The same, set in lead, or frosted plain or in design; plate glass, polished, beveled or not, thirty-five per centum ad valorem. (d) Glass, of all kinds, engraved or enameled, fifty per centum ad valorem. 19. Mirrors of all kinds, framed or mounted (with whatever material), or not, including the value of the frames and mountings, thirty-five per centum ad valorem. 20. Other manufactures of glass: (a) In spectacles, eyeglasses, and goggles, also lenses for same, mounted or unmounted, including the value of the mountings, twenty-five per centum ad valorem. (b) In flower stands, vases, urns, and similar articles for toilet and decorative purposes, neither cut, painted, enameled, nor gilt, forty per centum ad valorem. (c) The same, cut, painted, enameled, or gilt, sixty per centum ad valorem. (d) Powdered or crushed glass, twenty-five per centum ad valorem. (e) Manufactures not otherwise provided for, in which glass is the component material of chief value, thirty-five per centum ad valorem. 146 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Class I.s CLASS II.-COAL, SCHISTS, BITUMENS, AND DERIVATIVES Coal, schists, bitumens, etc. THEREOF. Group 1. GROUP 1.-COAL. Coal andcoke. 21. Coal and coke, gross weight, one thousand kilos., twenty-five cents. Group 2. GROUP 2.-SCHISTS, BITUMENS, AND DERIVATIVES THEREOF. Schists, bitu- 22 mens, etc. Provisos. Minimum. Paraffin. Post, p. 146. Tars, pitches, and tar oils, not otherwise provided for; mineral oils, crude or refined, including those for illumination, lubrication, fuel, or solvents; vaseline (except when compounded with other substances); axle grease of all kinds; asphaltums; carbolineum and similar compounds; gross weight, one hundred kilos., twenty-five cents. Provided, That no article classified under this paragraph shall pay a less rate of duty than ten per centum ad valorem. Providedfurther, That, though imported under a name referable to this paragraph, paraffin, or other similar products, shall be classified under paragraph eighty-three of this Act. Class IId CLASS III.-METALS AND MANUFACTURES THEREOF. Metals and manufactures. Preoup eta. GROUP 1.-GOLD, SILVER, AND PLATINUM; ALLOYS THEREOF; GOLD AND SILVER PLATED ARTICLES. Gold and plati- 23. num. Proviso. Minimum. Gold, platinum, and alloys thereof: (a) In jewelry, plate and goldsmiths' wares not otherwise provided for, hectog., twelve dollars and fifty cents. (b) The same, set with pearls or with precious or semiprecious stones, hectog., twenty-five dollars. (c) The same, set with doublets or with imitations of pearls or of precious or semiprecious stones, hectog., seventeen dollars and fifty cents. (d) Articles or manufactures of gold or platinum (except jewelry), composed in part of other materials, in which the component material of chief value is gold or platinum, not otherwise provided for, pellets for use in dentistry, solder and foil, hectog., three dollars. Provided, That no article classified under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. PHILIPPINE ISLANDS. 147 24. Silver and alloys thereof: silver. (a) In jewlery, plate and silversmiths' wares not otherwise provided for, hectog., one dollar. (b) The same, set with pearls or with precious or semiprecious stones, hectog., five dollars. (c) The same, set with doublets or with imitations of pearls or of precious or semiprecious stones, hectog., five dollars. (d) Articles or manufactures of silver (except jewelry), composed in part of other materials, in which the component material of chief value is silver, not otherwise provided for, solder and foil, hectog., forty cents. Provided, That no article classified under Proviso. this paragraph shall pay a less rate of duty than twenty-five per.centum ad valorem. 25. Gold and silver plated wares: Plated wares. (a) In jewelry, kilo., two dollars and forty cents. (b) In lamps not otherwise provided for, picture frames, knives, forks, and spoons, carriage and coffin fittings, saddlery hardware, foil, kilo., sixty cents. (c) Not otherwise provided for, kilo., two dollars. Provided, That no article classified un- Proviso. der this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. GROUP 2.-CAST IRON. Grop 2. Cast iron. Malleable cast iron and manufactures thereof shall be dutiable as wrought iron. 26. Articles of cast iron, painted or not, but not otherwise coated or ornamented, neither polished nor turned, gross weight: (a) Bars, beams, plates, grates for furnaces, columns and pipes, one hundred kilos., thirtyfive cents. (b) Other, one hundred kilos., seventy-five cents. 27. Other articles of cast iron (except those covered or coated with gold or silver), fifteen per centum ad valorem. GROUP 3.-WROUGHT IRON AND STEEL.Wrought iron and steel. 28. Wrought iron and steel, gross weight. (a) In rails, straight or bent, cross ties, portable Rails, etc tramways, crossings and similar track sections; switch rails, switches, tongues, frogs, fish plates and chairs; one hundred kilos., forty cents. 148 Iws RBEIATING TO INSULAR AND MILITARY AFFAIRS. 28. Wrought iron and steel, gross weight-Continued. (b) In bars or beams (except of crucible steel), not cut to measure, perforated, or riveted or fastened together, rods, tires, and hoops, one hundred kilos., forty cents. Bamboo tL Provided, That bars or rods not exceeding fifteen millimeters in diameter and steel known as "bamboo steel," classified under clause (b) of this paragraph, shall not pay a less rate of duty than fifteen per centum ad valorem. (c) The same, of crucible steel, one hundred kilos., two dollars and sixty-five cents. Provided, That no article classified under clause (c) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. 29. Wrought iron or steel in sheets, gross weight: (a) Plain and unpolished, one hundred kilos., fifty cents. (b) Polished, corrugated, perforated, or cold rolled, galvanized or not, and hoop iron, one hundred kilos., one dollar. MiniTm. Provided, That any of the articles or materials classified under clause (b) of this paragraph, made up in hoops, ridgings, eaves, drain pipes, gutters, ceilings, shingles, ceiling centers, borders, friezes, dadoes, and similar articles, shall be dutiable at the rate herein provided, with a surtax of one hundred per centum. (c) Tinned, terneplate, and tin plate, one hun — dred kilos., one dollar and twenty cents. Rough plee 30. Wrought iron or steel, in pieces, in the rough, gross weight: (a) Neither polished, turned nor adjusted, one hundred kilos., sixty-five cents. (b) Rough-turned or lathed, but neither polished nor adjusted, one hundred kilos., one dollar. Finished pieou 1. Wrought iron or steel, in pieces, finished, gross weight: (a) Wheels weighing each more than one hundred kilos., axles, springs, brake-shoes, drawbars, brake-beams, bumpers, couplings, lubricating boxes, and similar articles for railways and tramways, one hundred kilos., forty-five cents. (b) Wheels weighing each one hundred kilos. or less, axles and springs for vehicles, not * otherwise provided for, one hundred kilos., one dollar and five cents. PHILIPPINE ISLANDS. 149 32. Wrought iron or steel in large pieces, composed of pstru tura bars, beams, or sheets, for structural purposes, perforated or cut to measure, fastened together or not, gross weight, one hundred kilos., one dollar and twenty-five cents. 33. Wrought iron or steel pipes, gross weight: Pips. (a) Plain, painted, tarred, or galvanized, one hundred kilos., one dollar and ten cents. (b) Other (except those coated or covered with gold or silver), one hundred kilos., one dollar and fifty cents. 34. Wrought iron or steel wire: wre. (a) More than one millimeter in diameter, plain galvanized, or coppered, wire cables and ropes, and barbed wire, ten per centum ad valorem. (b) One millimeter or less in diameter, plain, galvanized, or coppered, and wire netting, fifteen per centum ad valorem. (c) Other, including those covered with textiles, twenty-five per centum ad valorem. (d) Gauze, cloths, and screenings, in the piece, twenty per centum ad valorem. (e) In other manufactures (except those covered or coated with gold or silver), not otherwise provided for, twenty-five per centum ad valorem. 35. Wrought iron or steel chains, in the piece or other- Chain wise (except in trinkets or jewelry): (a) Exceeding five millimeters m diameter, ten per centum ad valorem. (b) Other, plain, painted, or galvanized, fifteen per centum ad valorem. (c) The same, covered or coated with other metals (except gold or silver), twentyfive per centum ad valorem. 36. Anvils, ten per centum ad valorem.anu 37. Nuts, bolts, rivets, and washers, one hundred kilos., two dollars. 38. Nails, clasp nails, and staples, ten per centum ad valorem. 39. Screws, tacks, and brads, fifteen per centum ad valorem. 40. Saddlery hardware (except chains and buckles), plain, or covered or coated with other metals or materials (except gold or silver), fifteen per centum ad valorem. 41. Buckles (except trinkets or ornaments, or covered or coated with gold or silver), fifteen per centum ad valorem. 150 LAWS RELATING TO ISULAR AND MILITARY AFFAIRS. cutlery. 42. Cutlery: (a) Butchers', shoemakers', saddlers', plumbers', painters', pruning, budding, kitchen, bread, and cheese knives; table knives and forks with handles of common wood, or of iron, japanned or not, not covered or coated with other metals; common scissors or shears, plain, glazed, or japanned; grass, garden, hedge, pruning, and sheep shears; fishhooks; twenty per centum ad valorem. (b) Pocket cutlery, hunting and sheath knives, side arms (not fire) and parts therefor, razors, and other cutlery, including scissors and shears not otherwise provided for (except those covered or coated with gold or silver), thirty per centum ad valorem. (c) Sword canes and similar articles and weapons with concealed blades, eighty per centum ad valorem. 43. Firearms of all kinds and detached parts therefor, forty per centum ad valorem. Tin plate,etc. 44. Manufactures of terneplate or tin plate: (a) In articles not otherwise provided for, plain, painted, varnished, or japanned, fifteen per centum ad valorem. (b) The same, including vehicle lamps, covered, coated, or combined with other metals or materials (except gold or silver), twenty per centum ad valorem. (c) Vehicle lamps, covered or coated to' any extent with gold or silver, in which the component material of chief value is tin plate, twenty-five per centum ad valorem. 45. Manufactures not otherwise provided for, in which wrought iron or steel is the component material of chief value: (a) Plain, painted, varnished, or japanned, or covered or coated with lead, tin, or zinc, fifteen per centum ad valorem. (b) Other (except those covered or coated with gold or silver), twenty per centum ad valorem. Group 4. GROUP 4.-COPPER AND ALLOYS -THEREOF. copper and al- 46. Copper or alloys thereof, in bars, pipes, and sheets, or ys alloys of copper, in lumps and ingots, any of the foregoing except of Muntz metal, ten per centum ad valorem. 47. Copper and alloys thereof, in wire: (a) Plain, fifteen per centum ad valorem. (b) Blanched, gilt, or nickeled, twenty-five per centum ad valorem. PHILIPPINE ISLANDS. 151 47. Copper and alloys thereof, in wire-Continued. (c) Covered with textiles, not otherwise provided for, or with insulating materials, cables for conducting electricity and trolley wire, ten per centum ad valorem. (d) Covered with silk, not otherwise provided for, twenty-five per centum ad valorem. (e) Gauze, cloths, and screenings, in the piece, twenty per centum ad valorem. (f) Manufactures not otherwise provided for, in which wire of copper or its alloys is the component material of chief value (except when covered or coated with gold or silver), twenty-five per centum ad valorem. 48. Manufactures not otherwise provided for, in which copper or alloys thereof is the component material of chief value: (a) Plain, polished, varnished, painted, tinned, or japanned, twenty per centum ad valorem. (b) Other (except those covered or coated with gold or silver), twenty-five per centum ad valorem. GROUP 5.-OTHER METALS AND ALLOYS THEREOF. Group 5. 49 Mercury, gross weight, kilo., ten cents. Mercury. 50. Nickel, aluminum, and alloys thereof: Nickel and alu (a) In bars, sheets, pipes, and wire, fifteen per centum ad valorem. (b) In articles not otherwise provided for, twenty-five per centum ad valorem. 51. Tin and alloys thereof: Ti. (a) In bars, sheets, pipes, and wire, in thin leaves (tin foil), and alloys in lumps or ingots, ten per centum ad valorem. (b) In articles not otherwise provided for (except those covered or coated with gold or silver), twenty-five per centum ad valorem. 52. Zinc, lead, and metals not otherwise provided for, and Zino. alloys thereof: (a) In bars, sheets, pipes, wire, and type, and sanitary traps and other plain articles bearing evident signs of being for sanitary construction, and alloys in lumps or ingots, ten per centum ad valorem. (b) In plain articles not otherwise provided for, fifteen per centum ad valorem. (c) In articles gilt, nickeled, or otherwise embellished (except those covered or coated with gold or silver), twenty-five per centum ad valorem. 152. LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SCass aV. CLASS IV.-SUBSTANCES EMPLOYED IN PHARMACY, AND Substances en*ployed in phar- CHEMICAL INDUSTRIES; DRUGS, CHEMICALS, PIGMENTS, cal ndustries. AND VARNISHES. Group 1. GROUP 1.-SIMPLE DRUGS. Drugs. 53. Oleaginous seeds, copra, and cocoanuts, gross weight: (a) Crude, one hundred kilos., eighty cents. (b) In meal, flour, or cakes, not otherwise provided for, one hundred kilos., one dollar and fifty cents. 64. Resins and gums: (a) Colophony (common or navy resin), Burgundy and similar pitch, and Stockholm tar, ten per centum ad valorem. (b) Other, when not in the form of a pharmaceutical product or preparation, twenty. per centum ad valorem. Crude brks, 55. Drugs, suc as barks, beans, berries, buds, bulbs, bulbous roots, fruits, flowers, dried fibers, grains, herbs, leaves, lichens, mosses, stems, seeds aromatic and seeds of morbid growth, weeds, woods, and similar vegetable products, crude, neither edible nor in the form of a pharmaceutical product or preparation, not otherwise provided for, including weight of immediate containers, one hundred kilos., three dollars. Proviso. Provided, That no article classified under this paragraph shall pay a less rate of duty than twenty five per centum ad valorem. Ginseng. 56. Ginseng root, kilo., five dollars visonim. Provided, That no article classified under this paragraph shall pay a less rate of duty than twentyfive per centum ad valorem. Animal prod- 57. Animal products employed in medicine, crude, neither edible nor in the form of a pharmaceutical product or preparation, not otherwise provided for, including weight of immediate containers, 6ne hundred kilos., four dollars. Proviso. Provided, That no article classified under this paragraph shall pay a less rate of duty than twentyive per centum ad valorem. Group 2. GROUP 2.-PIGMENTS, PAINTS, DYES, AND VARNISHES. pa nItgyes tad 58. Mineral pigments of common, natural occurrence vairmes (including ochers, haemitites, barytes, and manganese), substances prepared for calcimines and whitewash, any of the foregoing when dry, ten per centum ad valorem. Any substance otherwise subject to classification under this paragraph shall, when imported in the form of a liquid or paste, be dutiable under clause (d) of paragraph fifty-nine. PHILIPPINE ISLANDS. 153 59. Pigments and paints not otherwise provided for: (a) White or red lead, dry, fifteen per centum ad valorem. (b) The same, in liquid or paste, putty of all kinds, bituminous paints made from mineral pitch or coal tar (not aniline dyes), twenty per centum ad valorem. (c) Pigments not otherwise provided for, dry, twenty per centum ad valorem. (d) The same, in liquid or paste, twenty-five per centum ad valorem. 60. Varnishes and wood fillers of all kinds, fifteen per centum ad valorem. 61. Spirits of turpentine, ten per centum ad valorem. 62. Inks: (a) Printing and lithographic, in any form, fifteen per centum ad -valorem. (b) Other, in any form, twenty-five per centum ad valorem. 63. Pencils of paper or wood, filled with lead or other materials, pencils of lead, and charcoal and other crayons not otherwise provided for, fifteen per centum ad valorem. 64. Dyes, dyestuffs, tan bark and tanning extracts, not otherwise provided for: (a) Woods, barks, roots, and similar natural products, for dyeing or tanning, ten per centum ad valorem. (b) Extracts from the same, for dyeing or tanning, and cutch in any form, fifteen per centum ad valorem. (c) Cochineal, indigo (natural or synthetic), colors derived from coal, and chemical dye colors not otherwise provided for, thirty per centum ad valorem. 65. Graphite and manufactures of the same (except axle grease), and polishing, dressing, cleansing, and preserving preparations, for shoes and leather, twentyfive per centum ad valorem. GROUP 3.-CHEMICAL AND PHARMACEUTICAL PRODUCTS. Inks. Pencils. Dyes. Group 3. 66. 67. 68. Sulphur, gross weight, one hundred kilos., fifty cents. phemical and Bromine, boron, iodine, and phosphorus, twenty per products. centum ad valorem. Inorganic acids:. Acids. (a) Hydrochloric, boric, nitric, and sulphuric, and mixtures of two or more of the same, gross weight, one hundred kilos., thirtyfive cents. (b) Carbon dioxide (liquid carbonic acid), and sulphur dioxide, twenty per centum ad valorem. (c) Not otherwise provided for, twenty-five per centum ad valorem. 154 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 69. Organic acids, not otherwise provided for: (a) Carbolic, ten per centum ad valorem. (b) Other, twenty-five per centum ad valorem. 70. Oxides and hydroxides of potassium, sodium, barium, and other caustic alkalies, not otherwise provided for, and soda ash, gross weight, one hundred kilos., fifty cents. 71. Aqua ammonia, and anhydrous ammonia, fifteen per centum ad valorem. Salts. 72. Inorganic salts: (a) Sulphates of ammonium and potassium, chloride of potassium, phosphates and superphosphates of lime, nitrates of potassium and soldium, and other chemical and arti — ficial fertilizers, five per centum ad valorem. (b) Calcium hypochlorite (chloride of lime), ten per centum ad valorem. (c) Common salt and salts not otherwise provided for, twenty-five per centum ad valorem. Organic salts. 73. Organic salts not otherwise provided for, twentyfive per centum ad valorem. Proviso. Provided, That no acids or double salts shall be dutiable under this paragraph. 74. Mixtures of denaturants, formalin, and potassium bitartrate (cream of tartar, argols, wine lees), ten per centum ad valorem. 75. Chemical products, compounds and elements, not otherwise provided for, twenty-five per centum ad valorem. 76. Alkaloids and their salts (except those of opium or of cinchona bark), and salts of gold, silver and platinum, thirty-five per centum ad valorem. App 13. 77. Opium in any form, and preparations thereof, for medicinal purposes, not otherwise provided for, subject to the provisions of section three of this Act, thirty-five per centum ad valorem. Patent medi- 78. Proprietary and patent medicinal mixtures and compounds; Chinese and similar medicines: (a) Without alcohol, or containing not to exceed fourteen per centum of alcohol, fifty per centum ad valorem. (b) Containing more than fourteen per centum of alcohol, seventy-five per centum ad valorem. 79. Pharmaceutical products, medicinal preparations, plasters and poultices, and capsules empty, any of the foregoing not otherwise provided for, thirty per centum ad valorem. 80. Aseptic and antiseptic surgical dressings (including absorbent cotton, medicated or not), catgut, silk, and similar ligatures for use in surgery or dentistry, fifteen per centum ad valorem. IPHILIPPINE ISLANDS. 155 GROUP 4.-OILS, FATS, WAXES, AND DERIVATIVES Group 4. THEREOF. 81. Fixed vegetable oils, solid or liquid: Vegetable ois. (a) In receptacles weighing each (contents included) more than two kilos., fifteen per centum ad valorem. (b) In other receptacles, proprietary or not (except when compounded with other substances, or in capsules), twenty-five per centum ad valorem. 82. Animal oils and fats, not otherwise provided for: Animal oils (a) Crude, ten per centum ad valorem. (b) Refined, in receptacles weighing each (contents included) more than two kilos., fifteen per centum ad valorem. (c) The same, in other receptacles, proprietary or not (except when compounded with other substances, or in capsules), twenty-five per centum ad valorem. 83. Mineral, vegetable, and animal wax: wax (a) Crude, ten per centum ad valorem. (b) In candles, twenty per centum ad valorem. (c) In manufactures not otherwise provided for, thirty per centum ad valorem. 84. Soaps, soap powders, and similar cleansing and Soaps, etc. scouring preparations or compositions, any of the foregoing not otherwise provided for, fifteen per centum ad valorem. 85. Essential oils, perfumery and products used in the persential oils manufacture thereof, and toilet preparations: (a) Essential oils, natural or artificial, fifty per centum ad valorem. (b) Perfumery and products used in the manufacture thereof, toilet preparations (including powders, oils, cosmetics, hair dyes, tooth soaps and tooth powders, grease paints, and similar articles for toilet purposes), any of the foregoing not otherwise provided for, incense, and joss sticks, forty per centum ad valorem. GROUP 5.-VARIOUS. Group 5. 86. Bone char, suitable for use in decolorizing sugar, ten Bone char. per centum ad valorem. 87. Starch, fecula, and dextrin, any of the foregoing for stach industrial purposes, gross weight, one hundred kilos two dollars. 88. Glues, albumens, gelatins, Isinglass, and manufactures Glus, etc of any of the foregoing, twenty-five per centum ad valorem. 156 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Explosives. 89. Explosives: (a) Dynamite, giant and blasting powder, and similar explosives, miners' fuses and caps, and explosive signals, ten per centum ad valorem. (b) Other, cartridges, fixed ammunition, primers and percussion caps, for firearms, fire works, thirty per centum ad valorem. (c) Fire crackers and toy torpedoes, including weight of immediate containers, kilo., twenty cents. Matches. 90. Matches and match sticks of all kinds, including weight of immediate containers, kilo., twenty cents. Class V. CLASS V.-COTTON AND MANUFACTURES THEREOF. otton anctures manufactures. Group 1. GROUP 1.-COTTON WASTE. Cotton waste. 91. Cotton waste, ten per centum ad valorem. Group 2. GROUP 2.-YARNS, THREADS, AND CORDAGE. Yarns threads, 92. Yarns not otherwise provided for, in hanks, cops, or bobbins, fifteen per centum ad valorem. 93. Yarns or threads for sewing, crocheting, darning, or embroidering, and mercerized yarns or threads, twenty-five per centum ad valorem. 94. Threads or twines for sewing sails and sacks; rope and cordage, fishing nets, and wicks for making candles and matches, twenty per centum ad valorem. 95. Hammocks, tennis nets, and manufactures of netting not otherwise provided for, forty per centum ad valorem. 96. Felts, batting, and mops and swabs of cotton yarns, fifteen per centum ad valorem. Group 3. Textiles. GROUP 3.-TEXTILES. Surtaxes. When textiles, included in this group, contain an admixture of materials, are broched, embroidered, trimmed, or made-up, they shall be subject to the corresponding surtaxes prescribed in General Rules Two to Eleven, inclusive. Textiles woven with a colored yarn on the selvage, or with a colored selvage stripe not exceeding ten millimeters in width, shall not be considered as manufactured with dyed yarns. Plaino over 97. Textiles, plain and without figures, napped or not, 'weighing eight kilos. or more per one hundred square meters, having(a) Up to eighteen threads, kilo., ten cents. (b) From nineteen to thirty-one threads, kilo., fourteen cents. PHILIPPINE ISLANDS. 157 97. Textiles, plain and without figures, napped or not, weighing eight kilos. or more per one hundred square meters, having(c) From thirty-two to thirty-eight threads, kilo., twenty cents. (d) From thirty-nine to forty-four threads, kilo., twenty-six cents. (e) Forty-five threads or more, kilo., thirty-two cen ts. Provided, That any textile classified Proviros. under this paragraph, stamped, printed, Dyed yams. or manufactured with dyed yarns, shall be dutiable as such, with a surtax of thirty per centum; and Provided further, That no embroidered Embroidered. textile classified under this paragraph shall pay a less rate of duty than twentyfive per centum ad valorem, and any embroidered textile so classified shall be subject to all of the surtaxes applicable thereto under this Act, computed upon the ascertained amount of duty, whether the rate found applicable shall be specific or ad valorem. 98. The same, weighing less than eight kilos. per one hun- Under eight dred square meters, having: (a) Up to eighteen threads, kilo., eighteen cents. (b) From nineteen to thirty-one threads, kilo., twenty-seven cents. (c) From thirty-two to thirty-eight threads, kilo., thirty-four cents. (d) From thirty-nine to forty-four threads, kilo., forty cents. (e) Forty-five threads or more, kilo., fifty cents. Provided, That any textile classified yedyarns. under this paragraph, stamped, printed, or manufactured with dyed yarns, shall be dutiable as such, with a surtax of forty per centum; and Provided further, That no embroidered Embroidered. textile classified under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem, and any embroidered textile so classified shall be subject to all of the surtaxes applicable thereto under this Act, computed upon the ascertained amount of duty, whether the rate found applicable shall be specific or ad valorem. 99. Textiles, twilled or figured in the loom, napped or not, teilled, ortc., weighing ten kilos. or more per one hundred square meters, having: (a) Up to eighteen threads, kilo., fourteen cents. (b) From nineteen to thirty-one threads, kilo., eighteen cents. 158 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 99. Textiles, twilled or figured in the loom, napped or not, weighing ten kilos. or more per one hundred square meters, having(c) From thirty-two to thirty-eight threads, kilo., twenty-four cents. (d) Thirty-nine to forty-four threads, kilo., thirty cents. (e) Forty-five threads or more, kilo., thirty-four cents. Proyedyas. Provided, That any textile classified under this paragraph, stamped, printed, or manufactured with dyed yarns, shall dutiable as such, with a surtax of thirty per centum; and Embroidered, Provided further, That no embroidered textile classified under this paragraph shall pay a less rate of duty than twentyfive per centum ad valorem, and any embroidered textile so classified shall be subject to all of the surtaxes applicable thereto under this Act, computed upon the ascertained amount of duty, whether the rate found applicable shall be specific or ad valorem. Under ten 100. The same, weighing less than ten kilos., per one hundred square meters, having: (a) Up to eighteen threads, kilo., twenty-four cents. (b) From nineteen to thirty-one threads, kilo., thirty-two cents. (c) From thirty-two to thirty-eight threads, kilo., forty-two cents. (d) From thirty-nine to forty-four threads, kilo., fifty-two cents. (e) Forty-five threads or more, kilo., sixty cents SDyeyarns. Provided, That any textile classified under this paragraph, stamped, printed, or manufactured with dyed yarns, shall be dutiable as such, with a surtax of forty per centum; and Embroidered. Provided further, That no embroidered textile classified under this paragraph shall pay a less rate of duty than twentyfive per centum ad valorem, and any embroidered textile so classified shall be subject to all of the surtaxes applicable thereto under this Act, computed upon the ascertained amount of duty, whether the rate found applicable shall be specific or ad valorem. Piques 101. Piqu6s of all kinds, kilo., thirty-eight cents. Proviso. Provided, That no article classified under this nmum paragraph shall pay a less rate of duty than thirty per centum ad valorem. PHILIPPINE ISLANDS. 159 102. Cotton blankets: Blankets. (a) Stamped, printed, or manufactured with dyed yarns, in the piece, kilo., thirteen cents; (b) Other, in the piece, kilo., ten cents. Provided, That all cotton blankets, sin- Sc ed gle or in pairs, hemmed, or bound, or not, shall be dutiable under this paragraph, with a surtax of thirty per centum. 103. Plushes, velvets, velveteens, and other pile fabrics Pileabrics. (except in towels and bathrobes) subject to the provisions of Rule Six, kilo., fifty cents. 104. Bathrobes and towels manufactured of pile fabrics, twenty-five per centum ad valorem. 105. Knitted goods, subject to the provisions of Rule ltted goods Six: (a) In the piece, twenty per centum ad valorem. (b) In jerseys, undershirts, drawers, stockings, or socks, twenty-five per centum ad valorem. (c) In other articles, thirty-five per centum ad valorem. Provided, That any article classified EP ered. under this paragraph, embroidered, shall be dutiable as such, with a surtax of thirty per centum, computed upon the ascertained amount of duty under the corresponding clause thereof. 106. Tulles, subject to the provisions of Rule Six, plain Tulle or figured or embroidered on the loom, kilo., fiftysix cents: Provided, That no article classified under this Provisos paragraph shall pay a less rate of duty than thirty per centum ad valorem; and Provided further, That any of the same em- Embroidered. broidered or figured after weaving, out of the loom, shall be dutiable according to the respective clause, with a surtax of sixty per centum; and Provided further, That if the embroidery con- Metal threads. sists of metal threads the surtax shall be eighty per cen um; and Provided further, That these surtaxes shall be Computations. computed upon the ascertained amount of duty, whether the rate found applicable be specific or ad valorem. 107. Laces and blondes, subject to the provisions of Laces and Rule Six: (a) Lace curtains, bedspreads, pillow shams, and bed sets, unhemmed, hemmed, or bound, made on the Nottingham lacecurtain or warp machines, kilo., fifty cents. (b) Other, sixty per centum ad valorem. 108. Carpeting, thirty per centum ad valorem. Carpeting. 28872~-S. Doc. 306, 62-2-13 160 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Tapestries. 109. Textiles called tapestries: (a) In the piece, kilo., twenty cents. (b) In made-up articles, kilo., thirty cents. Srossom. Provided, That no article classified under this paragraph shall pay a less rate of duty than forty per centum ad valorem. 110. Wicks for lamps, including weight of immediate containers, kilo., fifteen cents. etrimmings, 111. Trimmings, ribbons, braids, tape, and galloons, inincluding weight of immediate containers (see Rule Seven): (a) Tape, boot straps, kilo., twenty cents. (b) Other, kilo., fifty cents. PMinio. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than thirty per centum ad valorem. 112. Shoe and corset laces, including weight of immediate containers, kilo., thirty-five cents. 113. Cinches, saddle girths, reins, halters, and bridles, twenty-five per centum ad valorem. 114. Ribbons or bands for the manufacture of any of the articles enumerated in paragraph one hundred and thirteen, fifteen per centum ad valorem. 115. Waterproof or caoutchouc stuffs in combination with cotton textiles, and cotton elastic textiles manufactured with threads of gum elastic and manufactures thereof, twenty-five per centum ad valorem. 116. Manufactures of cotton, not otherwise provided for, twenty-five per centum ad valorem. CaH p faVI. CLASS VI.-MANUFACTURES OF HEMP, FLAX, ALOE, JUTE, etc. AND VEGETABLE FIBERS, NOT OTHERWISE PROVIDED FOR. Group 1. GROUP 1.-YARNS, THREADS, AND CORDAGE. Yarns, threads, 117. Yarns, not otherwise provided for, fifteen per cenetc. tum ad valorem. 118. Threads, twines, ropes, cordage, and mannufactures thereof: (a) Twines, rope yarns, ropes, and cordage, exceeding fifteen grams in weight per each ten meters, fishing nets, twenty per centum ad valorem. (b) Threads, twines, cords, and yarns, twisted, weighing more than five and not exceeding fifteen grams per each ten meters, twenty-five per centum ad valorem. (c) The same, weighingfiveorless grams pereach ten meters, thirty per centum ad valorem. (d) Hammocks, tennis nets, and manufactures of netting not otherwise provided for, forty per centum ad valorem. 119. Gunny sacks, each, two cents. PHILIPPINE ISLANDS. 161 GROUP 2.-TEXTILES. Group 2. When textiles included in this group contain- an ad- Textiles. mixture of materials, are embroidered, trimmed, or made Surtaxes. up, they shall be subject to the corresponding surtax prescribed in General Rules Two to Eleven, inclusive. Textiles woven with a colored yarn on the selvage, or with a colored selvage stripe not exceeding ten millimeters in width, shall not be considered as manufactured with dyed yarns. 120. Textiles of hemp, flax, aloe, jute, and vegetable w e I g h i n g fibers, not otherwise provided for, plain, twilled, mo more. or damasked, weighing thirty-five kilos. or more per one hundred square meters, having(a) Up to ten threads, used for bagging and baling, weighing forty-five kilos. or more per one hundred square meters, kilo., one cent. (b) The same, weighing from thirty-five to forty-five kilos. per one hundred square meters, kilo., two cents. (c) Up to ten threads, for other purposes, kilo., seven cents. (d) From eleven to eighteen threads, kilo., ten cents. (e) Nineteen threads or more, kilo., fifteen cents. Provided, That any textile classified Provisos. Bleached, etc. under this paragraph, bleached, half bleached, stamped, or printed, shall be dutiable as such, with a surtax of fifteen per centum; and Provided further, That any textile clas- Dyed yarns. sified under this paragraph, manufactured with dyed yarns, shall be dutiable as such, with a surtax of twenty-five per centum. 121. The same, weighing from twenty to thirty-five kilos. t et eae per one hundred square meters, having- thirty-five kilos. (a) Up to ten threads, used for bagging and baling, kilo., two cents. (b) Up to ten threads, for other purposes, kilo., nine cents. (c) From eleven to eighteen threads, kilo., fourteen cents. (d) From nineteen to twenty-four threads, kilo., eighteen cents. (e) From twenty-five to thirty threads, kilo., twenty-two cents. (f) From thirty-one to thirty-eight threads, kilo., thirty cents. (g) Thirty-nine threads or more, kilo., forty cents. 162 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 121. The same, weighing from twenty to thirty-five kilos. per one hundred square meters, having(g) Thirty-nine threads or more, kilo., forty cents-Continued. Prhovet. Provided, That any textile classified Bleached, et, 1 under this paragraph, bleached, half bleached, stamped, or printed, shall be dutiable as such, with a surtax of twentyfive per centum; and Dyed yarn Providedfurther, That any textile classified under this paragraph, manufactured with dyed yarns, shall be dutiable as such, with a surtax of forty per centum. Between te. 122. The same, weighing from ten to twenty kilos. per one hundred square meters, having(a) Up to eighteen threads, kilo., twelve cents. (b) From nineteen to twenty-four threads, kilo., twenty cents. (c) From twenty-five to thirty threads, kilo., twenty-eight cents. (d) From thirty-one to thirty-eight threads, kilo., thirty-six cents. (e) Thirty-nine threads or more, kilo., fifty-six cents. Bleached, et Provided, That any textile classified under this paragraph, bleached, half bleached, stamped, or printed, shall be dutiable as such, with a surtax of thirty per centum; and Dyed yars. Provided further, That any textile classified under this paragraph, manufactured with dyed yarns, shall be dutiable as such, with a surtax of fifty per centum; and Minimum. Provided further, That no article classified under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. Less than ten 123. The same, weighing less than ten kilos. per one hundred square meters, havin — (a) Up to twelve threads, kilo., eighteen cents. (b) From thirteen to twenty-two threads, kilo., thirty-two cents. (c) From twenty-three to thirty threads, kilo., forty-five cents. (d) From thirty-one to thirty-eight threads, kilo., fifty-six cents. (e) Thirty-nine threads or more, kilo., ninety cents. Bod, eta. Provided, That any textile classified under this paragraph, bleached, half bleached, stamped, or printed, shall be dutiable as such, with a surtax of thirty per centum; and PHILIPPINE ISLANDS. 163 123. The same, weighing less than ten kilos. per one hundred square meters, having(e) Thirty-nine threads or more, kilo., ninety cents-Continued. Providedfurther, That any textile clas- Dyed yars sified under this paragraph, manufactured with dyed yarns, shall be dutiable as such, with a surtax of fifty per centum; and Provided further, That no article classi- Minimum. fled under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. 124. Plushes, velvets, velveteens, and other pile fabrics, Pile fabrics subject to the provisions of Rule Six, thirty per centum ad valorem. 125. Knitted goods, subject to the provisions of Rule Six: Knitted goods. (a) In the piece, or made up into jerseys, undershirts, drawers, stockings, or socks, thirty per centum ad valorem. (b) In other articles, forty per centum ad valorem. 126. Tulles and laces, subject to the provisions of Rule Tulles and Six, sixty per centum ad valorem. 127. Carpeting, thirty-five per centum ad valorem. Carpetings. 128. Tapestries, kilo., forty cents. Provided, That no article classified under this Provigo paragraph shall pay a less rate of duty than fifty per centum ad valorem. 129. Trimmings, ribbons, braid, tape, and galloons, in- etrim'm eluding weight of immediate containers, subject to the provisions of Rule Seven: (a) Tape, boot straps, kilo., thirty cents. (b) Other, kilo., sixty cents. Provided, That no article classified un- Prov. der clause (b) of this paragraph shall pay a less rate of duty than thirty-five per centum ad valorem. 130. Shoe and corset laces, including weight of immediate containers, kilo., forty cents. 131. Cinches, saddle girths, reins, halters, and bridles, thirty-five per centum ad valorem. 132. Ribbons or bands for the manufacture of any of the articles enumerated in paragraph one hundred and thirty-one, twenty per centum ad valorem. 133. Waterproof or caoutchouc stuffs in combination with textiles of vegetable fibers (other than cotton), elastic textiles of any of the same manufactured with threads of gum elastic, and manufactures thereof, thirty per centum ad valorem. 134. Manufactures of vegetable fibers, not otherwise provided for, thirty per centum ad valorem. 164 LAWS RELATING -TO INSULAR AND MILITARY AFFAIRS. WCis eVI. CLASS VII. —WOOL, BRISTLES, HAIR, AND MANUFACTURES Wool, etc. THEREOF. Group 1. GROUP 1.-UNMANUFACTURED. 135. Wool, not otherwise provided forfacured. a (a) Combed, prepared for yarns, wool waste, ten per centum ad valorem. (b) Combed, and carded or dyed, fifteen per centum ad valorem. Group 2. GROUP 2.-YARNS. Yas. 136. Yarns, thirty per centum ad valorem. Group 3. GROUP 3.-MANUFACTURES. Manufactures. 137. Bristles, animal hair, and manufactures thereof, not otherwise provided for, thirty per centum ad valorem. 138. Human hair, made up into articles or not, fifty per centum ad valorem. 139. Knitted goods, subject to the provisions of Rule Six: (a) In the piece, thirty per centum ad valorem. (b) In jerseys, undershirts, drawers, stockings, or soc.s, thirty-five per centum ad valorem. (c) In other articles, forty per centum ad valorem. 140. Textiles of wool, in the piece, thirty-five per centum ad valorem. 141. Manufactures of wool, not otherwise provided for, forty per centum ad valorem. Class VI. CLASS VIII.-SILK AND MANUFACTURES THEREOF. Silk. Group 1. GROUP 1.-RAW AND SPUN. Raw and spun. 142. Raw silk and silk waste, twenty-five per centum ad valorem. 143. Spun silks, not twisted, including weight of immediate containers, kilo., one dollar and fifty cents. 144. Floss and twisted silks, thirty-five per centum ad valorem. Group 2. GROUP 2.-TEXTILES. Texles 145. Silk in the piece, forty per centum ad valorem. 146. Manufactures in which silk, artificial silk or imitation silk is the component material of chief value, not otherwise provided for, fifty per centum ad valorem. PHILIPPINE ISLANDS. 165 CLASS IX.-PAPER AND MANUFACTURES THEREOF. Class IX. manufactures. 147. Printing paper, white or colored, suitable for books Printing, writ. or newspapers, not printed or otherwise elaborated, and sand, glass, emery, carborundum, and similar papers, and sheathing and roofing paper, ten per centum ad valorem. 148. Paper, pasteboard, cardboard, bristol board, strawboard, and pulp board, white or colored, not otherwise provided for: (a) Not printed or otherwise elaborated, and writing paper, plain, ruled, or padded, but not printed, fifteen per centum ad valorem. (b) The same, manufactured into articles, including confetti and serpentine, and envelopes of all kinds, without printing, twenty per centum ad valorem. 149. Paper of all kinds, pasteboard, cardboard, bristol board, strawboard, and pulp board: (a) Ruled, printed, engraved, lithographed, surface coated, etched, embossed, or otherwise elaborated, printed or lithographed music, bound or in sheets, with. or without words, not otherwise provided for, twenty per centum ad valorem. (b) The same, manufactured into articles, not otherwise provided for, twenty-five per centum ad valorem. 150. Cigarette paper, printed or not, fifteen per centum cigarette. ad valorem. 151. Blank books, ruled or unruled, with printing or not, Blank books. and copying books, twenty per centum ad valorem. 152. Printed books, bound or not, not otherwise pro- Printed books vided for, ten per centum ad valorem. 153. Books and albums of lithographs, engravings, etch- Albums, etc. ings, photographs, maps, or charts, not otherwise provided for, and painted designs, pastels, and ink drawings, made by hand, for use mn manufacturing and in the industrial arts and sciences, thirty per centum ad valorem. Provided, That this paragraph shall not apply E~ceison to works of art introduced for use as such, even when imported for sale, which shall be classified under paragraph three hundred and twenty-four. 154. Papier mach6, carton pierre, indurated pulp or Chper ma fiber: (a) Not further manufactured than in sheets or blocks, ten per centum ad valorem. (b) Further manufactured, twenty per centum ad valorem. 166 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. CWoe and CLASS X.-WOOD AND OTHER MATERIALS, AND MANUFACmnnula'turzsS TURES THEREOF. Group. GROUP 1.-WOOD. commo. wood. 155. Common wood, including cedar of all kinds: (a) In logs or poles, or not further advanced in manufacture than hewn or sawn into rough boards or timber, cubic meter, one dollar. (b) Planed, dovetailed, or cut to size, including shingles, laths, and fencing, fifteen per centum ad valorem. Fine wood 156. Fine wood: (a) In logs or poles, or not further advanced in manufacture than hewn or sawn into rough boards or timber, twenty per centum ad valorem. (b) Planed, dovetailed, or cut to size, twentyfive per centum ad valorem. Shavings, tc. 157. Wood shavings, sawdust, excelsior (except those of dye and scented woods), ten per centum ad valorem. Shooks, etc. 158. Shooks, staves, headings, hoops, and bungs, ten per centum ad valorem. Tuns, casks, 159. Tuns, pipes, casks, and similar receptacles, whether empty or in use as containers of merchandise dutiable by weight or measure (except in those cases in which the classification of such containers is otherwise specifically provided for): (a) Suitable for use as containers of liquids, twenty per centum ad valorem. (b) Other, ten per centum ad valorem. Group 2. GROUP 2.-MANUACTURES OF WOOD. Manuactures 160. Manufactures of common wood, not otherwise provided for, whether finished, turned, painted, varnished, or not, but neither inlaid, veneered, carved, nor upholstered, nor covered or lined with stuffs or leather, and Vienna or bent-wood furniture, twenty-five per centum ad valorem. Fine wood. 161. Manufactures of fine wood, not otherwise provided for, whether turned, ainted, varnished, or polished, or upholstered, covered, or lined with stuffs (except silk or leather), or not, and manufactures of common wood, not otherwise provided for, veneered with other wood, or upholstered, covered, or lined with stuffs (except silk or leather), thirty per centum ad valorem. nlaid, etc., 162. Manufactures of common or fine wood, not otherwise provided for, gilt, inlaid, veneered with metal, or ornamented with metal or carving, or upholstered, covered, or lined with silk or leather, thirty-five per centum ad valorem. PHILIPPINE ISLANDS. 167 163. Barbers' and dentists' chairs, of whatever material, deBabrs' and twenty-five per centum ad valorenm. 164. Bowling alleys, billiard, pool, bagatelle, and similar bilng talesy tables, including balls, and parts and appurte-etc. nances of any of the foregoing, of whatever material (except chalk and cloth), forty per centum ad valorem. GROUP 3.-VARIOUS. Group 3. 165. Charcoal, firewood, other vegetable fuels, gross Charcoal, et weight, one hundred kilos, five cents. 166. Cork: Cork. (a) Rough or in boards, five per centum ad valorem. (b) In stoppers for receptacles, fifteen per centum ad valorem. (c) In other articles, twenty-five per centum ad valorem. 167. Straw for manufacturing purposes, rushes, vege- etc., 'rattan, table hair, genista, osiers, bamboo, broomcorn, rattan, reeds, piths, not otherwise provided for: (a) Crude, or not further advanced in manufacture than cut into straight lengths suitable for sticks for umbrellas, parasols sunshades, whips, fishing rods, or walking canes, and straw braids, suitable for making or ornamenting hats, neither dyed, colored, stained nor artificially bleached, ten per centum ad valorem. The term 'straw" as used in this clause shall be understood to mean that substance in its natural form and structure, and not the separated fiber thereof. (b) Manufactured into furniture, twenty-five per centum ad valorem. (c) Manufactured into articles not otherwise provided for, thirty-five per centum ad valorem. (d) Rattan, split or stripped, bleached or not, twenty per centum ad valorem. CLASS XI.-ANIMALS AND ANIMAL PRODUCTS, AND Anias and WASTES. animal products. GROUP 1.-LIVE ANIMALS, NOT OTHERWISE PROVIDED FOR. Group. 168. Stallions, geldings, mares, mules, asses, each, ten Live animals. dollars. Provided, That sucking foals following their sucking oal dams shall be free of duty. 169. Bovine animals: (a) Bulls, cows, oxen, each, two dollars. (b) Sucking calves, each, one dollar. 170. Swine,!er hea(l, one (ollar. 168 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 171. Sucking pigs, each, twenty-five cents. 172. Animals, fish, reptiles, insects, not otherwise provided for, fifteen per centum ad valorem. 173. Birds, including poultry, each, ten cents. Group 2. GROUP 2.-HIDES, SKINS, LEATHER WARES, INTESTINES, AND WASTES. Hides and 174. skins. Tanned, with- 175. out wool or hair. Hides and skins, tanned, with the wool or hair on, and fur skins with the fur on, tanned or not, twenty-five per centum ad valorem. Hides and skins, tanned, without the wool or hair, curried, dyed, or not: (a) Cow, and hides not otherwise provided for, split or not, of the classes known as common sole, skirting, harness, or hydraulic leather, sheepskins (basils), and boot and shoe findings of any of the foregoing, ten per centum ad valorem. (b) The same of other classes, and calf, goat, kid, lamb, and similar skins, sheepskins finished in imitation of any of the foregoing, not having the artificial finishes enumerated under clause (c) of this paragraph, cowhide embossed in imitation of pigskin, and boot and shoe findings of any of the foregoing, fifteen per centum ad valorem. (c) Hides and skins, not otherwise provided for, hides and skins enameled, gilt, bronzed, bleached, figured, engraved, or embossed (except as provided in clause (b) of this paragraph), chamois, vellum, and parchment leathers, and boot and shoe findings of any of the foregoing, twenty-five per cntum ad valorem. Gloves. 176. Gloves: (a) Of kid skin, forty per centum ad valorem. (b) Other, twenty-five per centum ad valorem. shos. t and 177. Boots and shoes: shoes. (a) Of cowhide, horsehide, sheepskin, and canvas, fifteen per centum ad valorem. (b) Other, and slippers, sandals and alpargatas, of whatever material (except silk), twenty-five per centum ad ivalorem. (c) The same, of silk, fifty per centum ad valorem. addlery and 178. Saddlery and harness, parts therefor, not otherwise provided for: (a) Draft harness and parts therefor, twenty per centum ad valorem. (b) Other harness, saddlery, and harness makers' wares, and parts therefor, manufactures of rawhide not otherwise provided for, and whips of whatever material, twenty-five per centum ad valorem. PHILIPPINE ISLANDS. 169 179. Manufactures of leather, not otherwise provided for, fLeather manuthirty-five per centum ad valorem. 180. Bladders, integuments and intestines of animals, fish tBladders, in. testines, etc. sounds, not otherwise provided for: (a) Not further advanced in manufacture than dried, thirty per centum ad valorem. (b) Further advanced, fifty per centum ad valorem. 181. Animal wastes and by-products not otherwise pro- wastes. vided for: (a) Unmanufactured, including any of the same ground or prepared as fertilizers or as food for animals, ten per centum ad valorem. (b) Manufactured, or otherwise advanced in value or condition, twenty per centum ad valorem. CLASS XII.-INSTRUMENTS, APPARATUS, MACHINERY, VE- I Class Xent HICLES, AND BOATS. machinery, ve. hides, etc. GROUP 1.-MUSICAL INSTRUMENTS, WATCHES, AND Group 1. CLOCKS. 182. Musical instruments, and parts, appurtenances, and Musical instruaccessories therefor, including strings and wires, automatic devices for the production of music only, piano stools, metronomes, tuning hammers, tuning forks, pitch pipes, and similar articles for use in connection therewith not otherwise provided for, twenty-five per centum ad valorem. 183. Instruments and machines combining other me- M e c h anically chanical operations with the production of music, graphs, etc. such as slot machines of that character, phonographs, gramophones, graphophones, and similar apparatus; kinetoscopes, biographs, cinematographs, magic lanterns, and similar picture-projecting devices, not otherwise provided for, and parts, appurtenances, and accessories for any of the foregoing, thirty-five per centum ad valorem. 184. Clocks, chronometers, watches, cyclometers, pedom- Clocks, etc. eters, odometers, and similar devices, and cases, crystals, movements, parts, and accessories for any of the foregoing not otherwise provided for, twenty-five per centum ad valorem. GROUP 2.-APPARATUS AND MACHINERY. Group 2. 185. Typewriters, mimeographs, Roneos, and other writ- ety e w riters, ing, duplicating, and manifolding machines and devices, adding machines, comtographs, and other computing apparatus, fare registers, and detached parts for any of the foregoing, including ribbons, pads, stencil sheets, mimeograph silks, and similar accessories therefor, and stamp pads, fifteen per centum ad valorem. 170 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Cash registers. 186. Cash registers, and detached parts therefor, twentyfive per centum ad valorem. eh w n g ma- 187. Sewing machines, and detached parts therefor (except needles), fifteen per centum ad valorem. Automatic slot 188. Automatic slot machines, not otherwise provided for, and detached parts therefor (subject to the provisions of section three of this Act), thirty-five per centum ad valorem. chnegng ma- 189. Machinery and apparatus for weighing, and detached parts therefor, not otherwise provided for, twenty per centum ad valorem. chletric. ma- 190. Electric and electro-technical machinery, apparatus, and appliances: (a) Dynamos, generators, generating sets, alternators, motors, and similar machinery, not otherwise provided for, transformers and storage batteries, switchboards and switches, arc lamps, telephone and telegraph instruments, fans, buzzers, and annunciators, ammeters, voltmeters, wattmeters, and similar measuring apparatus, dry and wet batteries, and detached parts for any of the foregoing, and articles used exclusively in the installation thereof, insulators, and insulating compounds and materials used exclusively for electrical purposes, carbon, and incandescent bulbs and tubes, ten per centum ad valorem. (b) Cooking and heating apparatus and utensils, chandeliers, desk and table lamps, flatirons, soldering and curling irons, thermocauteries and cauterizing instruments, surgical, dental, and therapeutic appliances, including so-called electric belts, X-ray machines, vibratory apparatus, electroplating outfits, cigar lighters, other instruments, implements, utensils, and articles used in connection with, for, or by the application or production of electrotechnical, thermoelectric, galvanic, or galvano-magnetic force, and detached parts for any of the foregoing, not otherwise prov'djd for, twenty per centum ad valorem. c n gine, ma- 191. Engines, tenders, motors, steam boilers, pumps, and machinery; diving suits; common tools, implements and apparatus; detached parts therefor; not otherwise provided for; shafting and gearing: (a) Of iron, steel, or wood, fifteen per centum ad valorem. (b) Of other materials; emery cloth; twenty per centum ad valorem. PHILIPPINE ISLANDS. 171 192. Machine belting of whatever material, ten per cen- Belting. turn ad valorem. 193. Fine tools, implements, and instruments, of what- Fine tools ever material, used in the arts, trades, and professions, such as measuring instruments, micrometric gauges, mathematical and drawing instruments, manicure instruments (not pocket cutlery), watchmakers', jewelers', surgeons', dentists', engravers', carvers', glass cutting, and similar tools, instruments, and implements, any of the foregoing and detached parts therefor not otherwise provided for, twenty per centum ad valorem. GROUP 3.-VEHICLES. Group 3. 194. Wagons and carts for transporting merchandise, wagons, carts, warehouse trucks, hand carts and wheelbarrows, etc. any of the foregoing and detached parts therefor not otherwise provided for, fifteen per centum ad valorem. 195. Automobiles: Automobiles. (a) For the transportation of merchandise, fifteen per centum ad valorem. (b) Other, twenty per centum ad valorem. (c) Detached parts and accessories for automobiles, including tires, lamps, and horns, twenty-five per centum ad valorem. 196. Bicycles, velocipedes, and motor cycles, detached Bicycles, etc. parts and accessories therefor, including tires and lamps, twenty per centum ad valorem. 197. Vehicles for use on railways and tramways, and de- iR ai Iway ve. hicles. tached parts thereof, ten per centum ad valorem. 198. Other wheeled vehicles including perambulators, and Perambulators, aerial machines and balloons, any of the foregoing etc. and detached parts therefor, not otherwise provided for, twenty per centum ad valorem. 199. Detached wooden parts for any of the articles D e t a c h e d classified under paragraph one hundred andarts ninety-four or paragraph one hundred and ninety-eight: (a) Unfinished, fifteen per centum ad valorem. (b) Finished, twenty per centum ad valorem. 172 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Group 4. GROUP 4.-BOATS AND OTHER WATER CRAFT. Boats and wa- 200. ter craft. Provisos. Repairs abroad. Repairs abroad in distress. Supplies, etc..' Imported into the Philippine Islands" defined. Boats, launches, lighters, and other water craft, set up or knocked down, imported into the Philippine Islands, and cost of repairs made in foreign countries to vessels, or to parts thereof, documented for the Philippine coastwise trade or plying exclusively in Philippine waters and for which repairs adequate facilities are afforded in the Philippine Islands, fifty per centurnm ad valorem. Provided, That upon proof satisfactory to the collector of customs that adequate facilities are not afforded in the Philippine Islands for such repairs, the same shall be subject to the provisions of paragraph three hundred and forty-eight of this Act; and Provided further, That if the owner or master of such vessel shall furnish evidence satisfactory to the collector of customs that such vessel while in the regular course of her voyage was compelled by stress of weather or other casualty to put into a foreign port or place and make such repairs to secure the safety of the vessel or to enable her to return to the Philippine Islands, such duty shall not be imposed; and Provided further, That furnishings, stores, and supplies, not otherwise provided for, purchased abroad and imported in such vessels shall be dutiable under the corresponding paragraphs of this Act. The expression "imported into the Philippine Islands" shall be held to mean "brought into the jurisdictional waters of the Philippine Islands in or on another vessel, or towed therein by another vessel (except when becalmed or disabled at sea), as distinguished from coming into said islands under the craft's own steam, sail, or other motive power." CLASS XIII.-ALIMENTARY SUBSTANCES. Class Xm. A i m e ntary substances. Group 1. Poultry meats, soups, and fish. GROUP 1.-POULTRY, MEATS, SOUPS, AND FISH. 201. Poultry and game, not otherwise provided for, dressed or not, gross weight, one hundred kilos., four dollars. 202. Meat, fresh, not otherwise provided for, gross weight, one hundred kilos., one dollar. 203. Meat and sausage casings, salted or lit brine, gross weight, one hundred kilos., two dollars and fifty cents. PHILIPPINE ISLANDS. 173 204. Hams, bacon and other meats, and sausages, dry, Smoked, etc., cured, or smoked, not preserved in cans, including weight of immediate containers, one hundred kilos., four dollars and fifty cents. Provided, That sausages classified under this Provusas paragraph may be imported in any kind of package exceeding in weight ten kilos. each; and Provided further, That salt used for the pack-,gt fo pack. ing of any article classified under this paragraph shall be dutiable under clause (c) of paragraph seventy-two. 205. Lard and imitations thereof, gross weight, one hundred kilos., two dollars and fifty cents. 206. Canned or potted meats, such as beef, veal, mutton, lamb, pork, ham, and bacon, plainly prepared and simply preserved, not otherwise provided for, common preparations thereof, with or without vegetables or other simple ingredients, including Irish stew, corned-beef hash, chili con carne, hog and hominy, dry chipped beef, and the like, fifteen per centum ad valorem. 207. Internal parts of animals, including tongue, liver, and tripe; rabbits; poultry; ordinary preparations thereof, canned or potted; sausages not otherwise provided for; twenty per centum ad valorem. 208. Canned or potted game; pat6 de foie gras; deviled ham, meat sorgame; mincemeat, meat pates, jellied lambs' and sheep's tongues, boneless pigs' feet, sweetbreads, brains, and similar products of delicatessen class; preparations thereof; not otherwise provided for; twenty-five per centum ad valorem. 209. Canned or potted soups and broths, clam chowder, fifteen per centum ad valorem. 210. Meat extracts in any form, meat juice and soup tablets; condensed or concentrated soup preparations, dry orin paste; twenty-five per centum ad valorem. 211. Salted or dried codfish, gross weight, one hundred Fish. kilos., one dollar and sixty cents. 212. Fish, in cans, glass, or jars: (a) Cod, herring, mullet, haddock, salmon, and mackerel, plainly prepared and simply preserved, sardines in oil or tomato sauce, fifteen per centum ad valorem. (b) Other common preserved fish, shell-fish, and sea food, not otherwise provided for twenty per centum ad valorem. (c) Fish, shellfish, sea food, and preparations thereof, including anchovies, merluza, angulas, awabi, sardines not otherwise provided for, lampreys, whiting, turtle, fish roe, eels, in jelly, sharks' fins in any form, shrimp, bloater and fish pastes and butters, and similar products of delicatessen class, twenty-five per centum ad valorem. 174 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 213. Fish, not otherwise provided for: (a) Fresh, with only the salt indispensable for preservation, gross weight, one hundred kilos., two dollars and ninety cents. (b) Dried, salted, smoked, or pickled, in bulk, gross weight, one hundred kilos., two dollars and twenty-five cents. 214. Oysters, clams, and shellfish, in bulk, not otherwise provided for, and fresh oysters in cans, gross weight, one hundred kilos., five dollars. Gisreals. GROUP 2.-GRAINS, SEEDS, FORAGE, CEREALS, AND PREPetc. ARATIONS THEREOF. Rices 215. Rice, gross weight (until May first, nineteen hundred and ten): (a) Unhusked, one hundred kilos., sixty cents. (b) Husked, one hundred kilos., one dollar. (c) Flour, one hundred kilos., two dollars. On and after May first, nineteen hundred and ten: (a) Unhusked, one hundred kilos., eighty cents. (b) Husked, one hundred kilos., one dollar and twenty cents. (c) Flour, one hundred kilos., two dollars. ovtinsuane of Provided, That the Governor-General, present rates by and with the advice and consent of the Philippine Commission, may, in his discretion, continue in force the rates of duty first prescribed in this paragraph, until in his judgment, conditions in the Philippine Islands may warrant the imposition of the higher rates herein prescribed; and Suspension of Provided further, That the Governorduty. General, by and with the advice and consent of the Philippine Commission, may suspend all duties upon rice or the duties upon rice for consumption in particular localities, to be designated by him, whenever and for such period as, in his judgment, local conditions require, in which event rice admitted free by virtue of his order shall be distributed under governmental supervision or in accordance with such regulations as he may prescribe. 216. Wheat, rye, and barley, gross weight: (a) In grain, one hundred kilos., twenty-five cents. (b) In flour, one hundred kilos., forty-seven cents. PHILIPPINE ISLANDS. 175 217. Corn (maize), oats, and millet, and cereals and grains not otherwise provided for, gross weight: (a) In grain, one hundred kilos., seventeen cents. (b) In meal or flour, not otherwise provided for, one hundred kilos., eighty-three cents. 218. Cereals prepared for table use, such as oatmeal, corn ePese p a r e d meal, cracked wheat, cornstarch, and similar preparations, not otherwise provided for, ten per centum ad valorem. 219. Malted milk, infants' foods, and similar preparations, fifteen per centum ad valorem. 220. Bread, biscuit, crackers, and wafers, of flour of cereals or pulse, including weight of immediate containers: (a) Unsweetened, one hundred kilos., three dollars. (b) Sweetened, one hundred kilos., five dollars. 221. Cakes and puddings, twenty-five per centum ad valorem. 222. Vermicelli, macaroni, and pastes for soup, not other- Vermicelli, etc. wise provided for, including weight of immediate containers, one hundred kilos, two dollars and fifty cents. 223. Birds' nests, edible, thirty per centum ad valorem. 224. Seeds, not otherwise provided for, gross weight, one hundred kilos., one dollar. 225. Hay, bran, forage, straw, not otherwise provided for, Animal food. seeds and unhusked grains, cracked, or otherwise prepared for animal food, and oil cake, five per centum ad valorem. GROUP 3.-PULSE, VEGETABLES, FRUITS, AND NUTS. Group 3. 226. Dried beans, pease, and other pulse: Pulse. (a) In bulk, gross weight, one hundred kilos., eighty cents. (b) In small or retail packages, including weight of immediate containers, one hundred kilos., two dollars and sixty-five cents. (c) In flour, gross weight, one hundred kilos., one dollar and fifty cents. 227. Vegetables, fresh (except onions and Irish potatoes), etables. gross weight, one hundred kilos., one dollar. 228. Vegetables, dried or desiccated, not otherwise pro- Dried vided for: (a) In bulk, gross weight, one hundred kilos., one dollar and thirty cents. (b) In small or retail packages, including weight of immediate containers, one hundred kilos, two dollars and twenty-five cents. 28872~-S. Doc. 306, 62-2-14 176 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Preserved. 229. Vegetables, preserved, not otherwise provided for: (a) In bulk, gross weight, one hundred kilos., one dollar. (b) In small or retail packages, including weight of immediate containers, one hundred kilos., one dollar and fifty cents. Proviso. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. Pickled. 230. Vegetables, pickled: (a) In bulk, gross weight, one hundred kilos., one dollar and fifty cents. (b) In small or retail packages, including weight of immediate containers, kilo., three cents. MProvum. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. Frits. 231. Fruits, fresh, gross weight, one hundred kilos., one dollar and twenty-five cents. Dried. 232. Fruits, dried: (a) In bulk, gross weight, one hundred kilos., one dollar and fifty cents. (b) In small or retail packages, including weight of immediate containers, one hundred kilos., two dollars and fifty cents. M'mimro. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. rreserved. 233. Fruits, preserved, not otherwise provided for: (a) In bulk, gross weight, one hundred kilos., one dollar and fifty cents. (b) In small or retail packages, including weight of immediate containers, one hundred kilos., two dollars. PMinimum. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. Jellies, etc. 234. Fruits, in jellies, jams, marmalades, butters, and similar preparations, and fruit pulp, twenty per centum ad valorem. 235. Fruits, brandied, or similarly preserved, and fruits conserved or crystallized, fifty per centum ad valorem. Nuts. 236. Nuts and nut products, not otherwise provided for, twenty-five per centum ad valorem. PHILIPPINE ISLANDS. 177 GROUP 4.-SUGAR, MOLASSES, GLUCOSE, AND CONFECTIONERY. 237. Sugar: (a) Raw, gross weight, one hundred kilos., three dollars and seventy-two cents. (b) Refined, including weight of immediate containers, one hundred kilos., four dollars and twenty-two cents. 238. Molasses and sirups, not otherwise provided for, and honey: (a) In bulk, gross weight, one hundred kilos., two dollars. (b) In small or retail packages, including weight of immediate containers, one hundred kilos., three dollars. 239. Glucose, gross weight, one hundred kilos., one dollar and sixty cents. 240. Saccharine, including weight of immediate containers, kilo., two dollars. 241. Candies, confectionery, sweetmeats, chewing gum, not otherwise provided for,twenty-five per centum ad valorem. GROUP 5.-COFFEE, TEA, CACAO, SPICES, SAUCES, CONDIMENTS, AND FLAVORING EXTRACTS. 242. Coffee: Group 4. Sugar. Molasses Glucose. Saccharine. Candies. Group 5. Coffee. (a) Unroasted, gross weight, one hundred kilos., five dollars and thirty cents. (b) Roasted, ground or not, gross weight, one hundred kilos., seven dollars. (c) In packages weighing each less than three kilos., including weight of immediate containers, one hundred kilos., nine dollars. 243. Chicory, gross weight, one hundred kilos., four dol- Chicor; lars and twenty cents. 244. Tea, including weight of immediate containers, kilo., Teafifteen cents. 245. Cacao: cacao. 7. (a) Unground, gross weight, one hundred kilos., seven dollars and twenty cents. (b) Other, and cacao butter, including weight of immediate containers, one hundred kilos., twelve dollars and fifty cents. Provided, That no article classified un- Minoum. der clause (b) of this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 246. Chocolate, including weight of immediate con- chocolate tainers: (a) In forms or lumps for manufacturing purposes, one hundred kilos., ten dollars. 178 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 246. Chocolate, including weight of immediate containers-Continued. (b) In cakes or powder, kilo., fifteen cents. Proviso. Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. spice. 247. Cinnamon, cloves, allspice, and mace, including weight of immediate containers: (a) Unground, one hundred kilos., eight dollars. (b) Ground, one hundred kilos., ten dollars. 248. Nutmegs, including weight of immediate containers: (a) Unhusked, kilo., three cents. (b) Husked, kilo., five cents. (c) Ground, kilo., eight cents. 249. Pepper, white or black, and pod peppers, dried, including weight of immediate containers: (a) Whole, one hundred kilos., two dollars and twenty cents. (b) Ground, kilo., eight cents. 250. Mustard and horse-radish, including weight of immediate containers: (a) Unground, kilo., two cents. (b) Ground, kilo., six cents. (c) In paste, kilo., ten cents. 251. Saffron, including weight of immediate containers, kilo., four dollars. 252. Spices, not otherwise provided for, including weight of immediate containers: (a) Unground, one hundred kilos., eight dollars. (b) Ground and curry powder, one hundred kilos., ten dollars. PiniTm. Provided, That no article classified under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. Sauces. 253. Sauces for table use, not otherwise provided for, such as tomato, caper, tobasco, Worcestershire, catsup, and like preparations, twenty-five per centum ad valorem. Vinegar. 254. Vinegar: (a) In receptacles containing each more than two liters, liter, two cents. (b) In other receptacles, liter, three cents. trFlavng e x- 255. Flavoring extracts, compounds, and sirups, including weight of immediate containers: (a) Without alcohol or containing not to exceed fourteen per centum of alcohol, kilo., twenty-five cents. (b) Containing more than fourteen per centum of alcohol, kilo., thirty-five cents. Prviso.m Provided, That no article classified under clause (b) of this paragraph shall pay a less rate of duty than fifty per centum ad valorem. PHILIPPINE ISLANDS. 1791 256. Vanilla beans, including weight of immediate containers, kilo., two dollars and fifty cents. GROUP 6.-SPIRITS, WINES, MALT, AND OTHER BEVERAGES. Group 6. For the purpose of assessment under those paragraphs Spirits. Assessment of in which the proof liter is the basis, each and every gauge liters. or wine liter of measurement shall be counted as at least one proof liter. All imitations of whisky, rum, gin, spritsmitation brandy, spirits, or wines, imported by or under any names whatsoever shall be subjected to the highest rate of duty provided for the genuine articles respectively intended to be represented, with a surtax of fifty per centum. 257. Alcohol, proof liter, fifty cents. lcohol, spirits, 258. Whisky, rum, gin, brandy, and other spirits not otherwise provided for, proof liter, fifty cents. 259. Blackberry and ginger brandy, proof liter, thirty cents. 260. Cocktails, liqueurs, cordials, and other compounded spirituous beverages and bitters, not otherwise provided for, proof liter, sixty-five cents. 261. Wines, sparkling, liter, one dollar. wines. 262. Still wines, vermouth, and sake, containing fourteen per centum or less of alcohol: (a) In receptacles containing each more than two liters, liter, two cents. (b) In receptacles containing each two liters or less, liter, seven and one-half cents. Provided, That no article classified Minium. under this paragraph shall pay a less rate of duty than forty per centum ad valorem. 263. Still wines, vermouth, and sake, containing more than fourteen per centum of alcohol: (a) In receptacles containing each more than two liters, liter, fifteen cents. (b) In receptacles containing each two liters or less, liter, twenty-five cents. Provided, That no article classified PMrisiSm under this paragraph shall pay a less rate of duty than fifty per centum ad valorem; and Provided further, That any of such Stronger wines. articles containing more than twentyfour per centum of alcohol shall be classified under paragraph two hundred and sixty. 264. Malt beverages, and ciders: an cide.veag (a) In receptacles containing each more than two liters, hectol., three dollars and forty cents. (b) In other receptacles, hectol., four dollars and ninety cents. 180 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Nnalcohtlic 265. Sweetened, flavored, or aerated waters, natural mineral waters aerated or not, ginger ale, root beer, unfermented fruit juice, and nonalcoholic beverages, not otherwise provided for, hectol., one dollar and fifty cents. Fruit juice. 266. Fruit juice, pure or with sufficient sugar to preserve it, without alcohol or containing not more than four per centum of alcohol, liter, five cents. Group 7. Milk and cream. Eggs. Cheese. Butter, etc. GROUP 7.-VARIOUS. 267. Milks and creams, pure, or with sufficient sugar to preserve them, ten per centum ad valorem. 268. Milks and creams, compounded with other substances, milk powders and tablets, any of the foregoing not otherwise provided for, twenty per centum ad valorem. 269. Eggs, not otherwise provided for: (a) Fresh or preserved, in natural form, gross weight, one hundred kilos, one dollar. (b) Egg powders, and other preparations of eggs, not otherwise provided for, twentyfive per centum ad valorem. 270. Cheese of all kinds and imitations thereof, fifteen per centum ad valorem. 271. Butter, including weight of immediate containers, kilo., six cents. 272. Oleomargarine, butterine, ghee, and imitations of butter, including weight of immediate containers, kilo., eight cents. 273. Articles and products edible by mankind, not otherwise provided for: (a) Crude and in natural state, ten per centum ad valorem. (b) Prepared, preserved, or advanced in value or condition by any process or manufacture, twenty per centum ad valorem. Edible products, other. Class XIV. Miscellaneous. CLASS XIV.-MISCELLANEOUS. Fans. 274. Fans, of all kinds, thirty-five per centum ad valorem. Pens, pins, etc. 275. Pens not otherwise provided for, needles (except surgical needles), common and safety pins, hooks and eyes, button rings and fasteners, crochet hooks, and hairpins, any of the foregoing of common metals (except those covered or coated with gold or silver), twenty-five per centum ad valorem. Trinkets,etc. 276. Trinkets and ornaments of all kinds (except those of gold or silver, or of gold or silver plate, or in which the component material of chief value is amber, jet, jade, tortoise shell, coral, ivory, meerschaum, or mother-of-pearl), including weight of immediate containers, kilo., one dollar and twenty-five cents. Provio. Provided, That no article classified under this Minimum. paragraph shall pay a less rate of duty than thirty per centum ad valorem. PHILIPPINE ISLANDS. 181 277. Amber, jet, tortoise shell, coral, ivory, meerschaum, Amber, et, etc. and mother-of-pearl: (a) Unwrought, or cut for settings or pierced for beads, fifteen per centum ad valorem. (b) Wrought, not otherwise provided for, thirty-five per centum ad valorem. 278. Horn, bone, whalebone, celluloid, and imitations of Horn,oelluloid, any of the foregoing, or of any of the substances etc. enumerated in paragraph two hundred and seventy-seven, including weight of immediate containers: (a) Unwrought, kilo., thirty cents. (b) Wrought, not otherwise provided for, kilo., one dollar and twenty-five cents. Provided, That no article classified un- Priovo. der clause (b) of this paragraph shall pay a less rate of duty then thirty per centum ad valorem. 279. Artificial teeth, with plates or not, artificial eyes, ertifcial teeth artificial limbs and members, and similar articles for the alleviation of the inconveniences resulting from physical defects, ten per centum ad valorem. 280. Buttons, including weight of immediate containers: Button. (a) Of mother-of-pearl, kilo., one dollar and fifty cents. (b) Of bone, porcelain, composition, wood, steel, iron, or similar materials, kilo., thirty cents. (c) Of other materials (except gold, silver, or platinum, or gold or silver plate), kilo., fifty cents. Provided, That no article classified un- Proisos. der clause (a) of this paragraph shall pay a less rate of duty than fifty per centum ad valorem: And provided further, That no article classified under clauses (b) or (c) of this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 281. Shells, not otherwise provided for: Shells. (a) Not further advanced in condition than polished, ten per centum ad valorem. (b) Further advanced, manufactures in which shells, not otherwise provided for, are the component material of chief value, twenty-five per centum ad valorem. 282. Sponges, natural, including hexactinellida and Sponges. loofah: (a) Not further advanced in condition than washed or bleached, twenty-five per centum ad valorem. (b) Further advanced, manufactures in which sponge or loofah is the component material of chief value, forty per centum ad valorem. 182 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. el ti e Roofing ts, 283. Felt or textile prepared or coated with tar, pitch, or similar substances, rubberiod, and similar materials, for roofing, sheathing, and structural purposes, gross weight, one hundred kilos., ninety cents. Oilcloth. 284. Oilcloth (except of silk), linoleum, corticine: (a) In the piece, fifteen per centum ad valorem. (b) Made up into articles, twenty-five per centum ad valorem. Tool bags, 285. Tool bags, chests, and cases; trunks, valises, suit rnks, etc. cases, traveling bags, "telescopes," hat boxes, and similar receptacles for personal effects, and shawl straps; of whatever material; twenty-five per centum ad valorem. Stuffed birds, 286. Stuffed or mounted birds or animals, not otherwise provided for, twenty per centum ad valorem. Feathers, etc. 287. Feathers for ornaments, stuffed birds or animals or parts thereof for use on wearing apparel or for toilet purposes, natural, finished, or manufactured, sixty per centum ad valorem. 288. Feathers and downs, not otherwise provided for: (a) Not further advanced in condition then cleaned, twenty per centum ad valorem. (b) Further advanced, and manufactures in which feathers or downs are the component material of chief value, forty per centum ad valorem. Artificial flow- 289. Artificial flowers, buds, pistils, leaves, fruits, seeds, and moss, and other parts of artificial fruits and flowers, of whatever material, fifty per centum ad valorem. Caoutchouc and 290. Caoutchouc and gutta-percha: (a) Crude, and rubber, in sheets, sheeting, or packing, even with cloth or wire insertions, and gaskets and washers, ten per centum ad valorem. (b) Rubber, soft, in articles not otherwise provided for, twenty-five per centum ad valorem. (c) Rubber, hard, in articles not otherwise provided for, thirty per centum ad valorem. Hose and flexi- 291 Hose and flexible tubing, of whatever dimensions or le tubing. materials, fifteen per centum ad valorem. Reservoirpens. 292. Reservoir pens, and parts and points therefor, of whatever material, twenty-five per centum ad valorem. G ames and 293. Games and toys, including face masks, paper hats and canes, artificial Christmas trees, Christmastree decorations, toy carts, and other small vehicles for children's use not otherwise provided for, and diminutive articles for use as toys, not adapted for practical purposes, including weight of immediate containers, kilo., ten cents. el g b to PHILIPPINE ISLANDS. 183 293. Games and toys, etc.-Continued. Provided, That no article of gold, silver, or Eptlrons platinum, or of gold or silver plate, or of tortoise shell, coral, ivory, or mother-of-pearl shall be classified under this paragraph; and Provided further, That no article classified un- Minimum. der this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 294. Golf sticks, polo mallets, tennis rackets, baseball and bselal siks, cricket bats, balls of all kinds for use in the sports balls, etc. (except bowling, billiard, pool, and bagatelle balls), fencing masks and foils, gymnasium apparatus, and croquet sets, and parts of any of the foregoing, twenty-five per centum ad valorem. 295. Umbrellas and parasols: Umbrellas and (a) Covered with paper, each, eight cents. parasols. (b) Covered with silk, each, fifty cents. (c) Covered with other stuffs, each, twenty cents. (d) Umbrella frames complete, uncovered, whether mounted on tubes or sticks or not, forty per centum ad valorem. Provided, That no article classified Proviso. 'under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 296. Hats, bonnets, and crowns therefor, of straw, chip, anatr bonnets, palm leaf, grass, rattan, osiers, and analogous ma- straw, etc. terials: (a) Complete, not trimmed, each, thirteen cents. (b) The same, trimmed, each, twenty-two cents. (c) Crowns for, each, eleven cents. Provided, That no article classified un- Povouoder this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 297. The same, of other materials: Other mate(a) Complete, not trimmed, each, twelve cents. (b) The same, trimmed, each, twenty cents. (c) Crowns for, each, eleven cents. Provided, That no article classified un- rMiovim. der this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 298. Caps, fezzes, turbans and headgear not otherwise Capsczzes,etc. provided for, thirty per centum ad valorem. 299. Cameras and parts thereof, photographic equipment rtc hetographic and articles for use in photography not otherwise provided for, including lenses, tripods, photographic plates and films, film packs and kits, plate holders and frames, developing lights, baths, and trays, twenty per centum ad valorem. 184 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Scintiefc aP 300. Appliances and apparatus, parts and cases therefor and accessories thereto, not otherwise provided for, for mathematical, optical, astronomical, surgical, geodetical, and other scientific purposes, including thermometers, barometers, alcoholometers, salmometers, hydrometers, vacuometers, radiometers, appliances for sight testing, microtomes, telescopes, microscopes, and their slide glasses, stethoscopes, theodolites, transits, sextants, quadrants, compasses, and the like, twentyfive per centum ad valorem. Tobacco and 301. Tobacco: cigars. (a) Leaf tobacco of any kind, unstemmed, kilo., four dollars and eight cents. (b) Leaf tobacco of any kind, stemmed, kilo., five dollars and fifty-two cents. (c) Cigars, cigarettes, and cheroots, of all kinds, kilo., nine dollars and ninety-three cents and twenty-five per centum ad valorem, and paper cigars, and cigarettes, including their wrappers, shall be dutiable under this clause. (d) Other tobacco, manufactured or unmanufactured, not otherwise provided for, kilo., one dollar and twenty-five cents. wastes. 302. Wastes, not otherwise provided for, ten per centum ad valorem. tMaterials, St 303. Materials, substances and articles not otherwise stances, etc., not specified ' provided for(a) Not advanced in value or condition by any process or manufacture, ten per centum ad valorem. (b) Further advanced, but not manufactured into articles, fifteen per centum ad valorem. (c) Manufactured into articles, twenty-five per centum ad valorem. Repairs on re 304. Cost of repairs upon articles of easy identification (except those provided for in paragraph two hundred), exported from the Philippine Islands and reimported therein, twenty-five per centum ad valorem. Provrto. Provided, That any such article, exclusive of the Reimportation a ree. repairs thereon, shall be free of duty when reimported, upon compliance with the regulations of the insular collector of customs governing such exportations and reimportations, otherwise the terms of section eight shall apply. PHILIPPINE ISLANDS. 185 FREE LIST. F list. SEC. 9. That the following articles shall be free of duty upon importation thereof into the Philippine Islands: 305. Trees, shoots, plants, moss, live. Trees,etc. 306. Ores, and scoriee resulting from the smelting thereof, ors, etc. filings, cuttings, and other wastes, of common metals, resulting from manufacture, and fit only for resmelting, and scrap iron, copper, brass, tin, zinc, and lead, and combinations thereof, bell metal, copper regulus, copper matte, cast or malleable iron in pigs, soft or wrought iron in ingots, and steel in ingots, and tin, lead, zinc, nickel, and aluminum, in pigs, lumps, or ingots, and Muntz metal. 307. Articles, including anchors, binnacles, propellers, tShip articles, and the like, the character of which, as imported, prevents their use for other purposes than the construction, equipment, or repair of vessels, and life preservers and life buoys. 308. Oakum. Oakum 309. Raw cotton. Cotton. 310. Vegetable fibers, raw or hackled, not otherwise pro- v ig e t a b 3 vided for. 311. Bristles, animal hair and wool, not further advanced Bristles. in condition than washed. 312. Paper pulp and paper stock. Paper pulp and 313. Samples of the kind, in such quantity and of such Sarnples,etc. dimensions or construction as to render them unsalable or of no appreciable commercial value, and models not adapted for practical use. 314. Onions, Irish potatoes, in natural state. Irish otatoesnd 315. Gold, silver, platinum, in bars, sheets, pieces, dust, Preious metscrap, or in broken-up jewelry or table service. als,etc. 316. Hides and skins, raw, green or dry, but not tanned. HsHides and 317. Hops and malt. Hops and malt. 318. Coins and currency of nationalissue, executed checks, coins, etc drafts, bills of exchange, and similar commercial documents. 319. Natural manures. Manures. 320. Cinchona bark, sulphate and bisulphate of quinine, etcCinchna bark, alkaloids and salts of cinchona bark, in whatever form. 321. Telegraph cables of the class known as submarine. Tcales egraph 322. Vaccines and serums. Vaccine. 323. Ice. ce. 186 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Works of art, 324. Hand paintings in oil, water color, or pastel, pen and paintingsetc. * Y ink drawings, for use as works of art and not as a decoration of merchandise, nor for use in manufacture or the industrial arts and sciences, photographs, paintings, crayons, and other pictorial representations of actual persons, either living or deceased. L I t e o grlps, 325. Lithographs, posters, calendars, and signs, whether framed (when the frame bears sufficient advertising matter to render it of no commercial value), or not, and pamphlets, booklets, and folders, for advertising purposes only, and having no commercial value. Ercptions. Provided, That store, office, and business signs, used for advertising local business houses, firms, offices, associations, corporations, trades, or professions, shall not be classified under this paragraph. Magazines, etc. 326. Magazines, reviews, newspapers, and like published periodicals, Bibles and extracts therefrom, hymnals and hymns for religious uses, books and music in raised print used exclusively by the blind, and text-books prescribed for use in any school in Exeprotiso, the Philippine Islands: Provided, That complete books published in parts in periodical form shall not be classified under this paragraph. Public docu- 327. Public documents issued by foreign governments, correspondence, manuscripts, and typewritten documents, not prohibited by section three of this Act, and collections of stamps of national issue, used or unused. Prizes, etc. 328. Medals, badges, cups, and other small articles actually bestowed as trophies or prizes, or those received or accepted as honorary distinctions. Pipe organs. 329. Pipe organs imported for the bona fide use of and by the order of any society incorporated or established for religious or educational purposes, or exProactive. pressly for presentation thereto: Provided, That Retroactive. the terms of this paragraph shall be retroactive and of full force and effect from and after January first, nineteen hundred and nine, anything in this Refund. Act to the contrary notwithstanding: And provided further, That any duty paid upon any pipe organ so imported since said date shall be subject to refund. Free, subject to certain conditions. FREE, SUBJECT TO EXPRESS CONDITIONS. SEC. 10. That the following articles shall be free of duty upon the importation thereof into the Philippine Islands upon compliance with the formalities prescribed in each paragraph: silkworm eggs 330. Eggs and cocoons of the silkworm, subject to exclusion if diseased, or for other cause. PHILIPPINE ISLANDS. 187 331. Breeding animals of a recognized breed, duly regis- Breeding anire als, pedigreed. tered in the book of record established for that certificate rebreed: Provided, That certificate of such record, quired. and pedigree of such animal duly authenticated by the proper custodian of such book of record, shall be produced and submitted to the collector of customs, together with affidavit of the owner or importer, that such animal is the identical animal described in said certificate of record and pedigree. 332. Carabao and other bovine work animals, and mules, Carabaoet I Y Limitation. until such time as the Governor-General shall certify that conditions in the Philippine Islands warrant the imposition of duty thereon in accordance with the rates prescribed in Group One of Class Eleven of this Act. 333. Commercial samples, the value of any single impor- sacoem mercial tation of which does not exeed five thousand dol- Bond. lars, upon the filing of a bond in an amount equal to double the ascertained duties thereon, with sureties satisfactory to the collector of customs, conditioned for the exportation of said samples within six months from the date of their importation, or in default thereof the payment of the corresponding duties thereon. If the value of any single consignment of such commercial samples exceeds five thousand dollars, the importer thereof may select any portion of same not exceeding in value five thousand dollars for entry under the provisions of this paragraph, and the remainder of the consignment may be entered in bond, or for consumption, as the importer shall elect. 334. Regalia, gems, statuary, specimens or casts of sculp- Regalia, gems, etc for societies, tures, imported for the bona fide use of and by the etc. order of any society incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, or for the encouragement of the fine arts, or for the use of and by ther rder of any college, academy, school, or seminary of learning, or of any public library, not for barter, sale, or hire: Provded, That the term "re- Proviso. galia" shall be held to include only such insignia of rank or office or emblems as may be worn upon the person or borne in the hand during public exercises of the society or institution, and shall not include articles of furniture, fixtures, or ordinary wearing apparel, nor personal property of individuals. 335. Works of art, including pictorial paintings on glass forks of art, (except stained windows or window glass), imported expressly for presentation to a governmental institution, or to any municipal or provincial corporation, or to any incorporated or established religious society, college, or other public institution. 188 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Wearing ap- 336 parel, etc., travelers'. Provisos. Exception. Bond. Personal effects 337 of travelers. Bond. Proviso. Extension of term. Tools of trade, 338. etc., of settlers. Wearing apparel, articles of personal adornment, toilet articles, books, portable tools and instruments, theatrical costumes, and similar personal effects, accompanying travelers or tourists in their baggage or arriving within a reasonable time, in the discretion of the collector of customs, before or after the owners, in use of and necessary and appropriate for the wear or use of such persons according to their profession or position for the immediate purposes of their journey and their present comfort and convenience: Provided, That this exemption shall not be held to apply to merchandise or articles intended for other persons or for barter or sale: And providedfurther, That the collector of customs may, in his discretion, require a bond for the exportation of or the payment of duties upon articles classified under this paragraph within the time and in the manner prescribed by paragraph three hundred and thirty-seven. Vehicles, horses, harness, bed and table linen, table service, furniture, musical instruments, and personal effects of like character, owned and imported by travelers or tourists for their convenience and comfort, upon identification and the giving of a bond with sureties satisfactory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon, within four months from the date of entry: Provided, That the collector of customs may extend the time for exportation or payment of duties for a term not exceeding three months from the expiration of the original period. Professional instruments and implements, tools of trade, occupation, or employment, wearing apparel, domestic animals, and personal and household effects, including those of the kind and class provided for under paragraphs three hundred and thirty-six and three hundred and thirty-seven, belonging to persons coming to settle in the Philippine Islands, in quantities and of the class suitable to the profession, rank, or position of the person importing them, for their own use and not for barter or sale, accompanying such persons or arriving within a reasonable time, in the discretion of the collector of customs, before or after the arrival of their owners, upon the production of evidence satisfactory to the collector of customs that such persons are actually coming to settle in the Philippine Islands, that the articles are brought from their former place of abode, that change of residence is bona fde, and that the privilege of free entry under this paragraph has never been PHILIPPINE ISLANDS. 189 previously granted to them: Provided, That Ecpon neither merchandise of any kind, nor machinery or other articles for use in manufacture, shall be classified under this paragraph: And provided further, That officers and employees of the United uEiteloy tes States Government or of the government of the etc. Philippine Islands, or religious missionaries taking station in the islands shall be considered as "coming to settle" for the purposes of this paragraph. 339. Vehcles, animals, birds, insects, and fish, portable trbects for entheaters, circus and theatrical equipment, including sceneries, properties, and apparel, devices for projecting pictures and parts and appurtenances therefor, panoramas, wax figures, and similar objects for public entertainment, upon identification and the giving of a bond with sureties satis- Bond. factory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within the time and in the manner prescribed by paragraph three hundred and thirty-seven. 340. Personal effects, not merchandise, of residents of the of ersoal etffyec Philippine Islands dying in foreign countries, upon abroad. identification as such, satisfactory to the collector of customs. 341. Works of fine art for public museums and galleries, forks of art or for art schools, models, archaeological and numismatic objects, specimens and collections of mineralogy, botany, zoology, and ethnology, including skeletons, fossils, and other anatomical specimens for schools, academies, public museums, and corporations and societies organized for scientific or artistic purposes, on proof satisfactory to the collector of customs of their destination. 342. Official consular supplies consigned by a foreign larFor ipes0i" government of which the consignee is the con- Condition. sular representative in the Philippine Islands, to him as such official, in an amount and of the kind and class allowed free entry by said foreign government when consigned by the Government of the United States of America to its consular representatives within the jurisdiction of such foreign government. 343. Pumps for the salvage of vessels, upon identifica- vaeos for sa tion and the giving of a bond with sureties satis- Bond. factory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within the time and in the manner prescribed by paragraph three hundred and thirty-seven. 190 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. F.ree uponcorn- FREE UPON COMPLIANCE WITH CORRESPONDING REGUplying with regulations. LATIONS. SEC. 11. That the following articles shall be free of duty upon the importation thereof into the Philippine Islands upon compliance with regulations which shall be prescribed in accord with the provisions of each paragraph: Wearing ap-344. Wearing apparel, and household effects, including dents returning those articles provided for under paragraphs three rom abroad hundred and thirty-six and three hundred and thirty-seven, belonging to residents of the Philippine Islands returning from abroad, which were exported from the said islands by such returning residents upon their departure therefrom or Identity, etc. during their absence abroad, upon the identity of such articles being established to the satisfaction of the collector of customs, under such regulations as the insular collector of customs shall prescribe; articles of the same kind and class purchased in foreign countries by natives of the Philippine Islands during their absence abroad and accompanying them upon their return to said islands, or arriving within a reasonable time, in the discretion of the collector of customs, before or after their return, upon proof satisfactory to the collector of customs that the same have been in their use abroad for more than one year. Articlesfor ex- 345* Foreign articles, goods, wares, or merchandise hibition at expo- n w sitions, etc. destined for display in public expositions in the Philippine Islands, and animals for exhibition or competition for prizes, together with the harness, vehicles, and tackle necessary for the purposes designated, subject to such rules, regulations, and conditions as shall be prescribed by the insular collector of customs with respect to bonding for exportation thereof or payment of duty thereon. etTriflc k 346. Philosophical, historical, economic, and scientific books, and apparatus, utensils, and instruments specially imported for the bona fide use of and by the order of any society or institution incorporated or established solely for philosophical, educational, scientific, charitable, or literary purposes, or for the encouragement of the fine arts, or for the bona fide use of and by the order of any college, academy, school, or seminary of learning in the Philippine Islands, or of any public library, and not for barter, sale or hire, subject to such regulations as shall be prescribed by the insular collector of customs. viualsoks for di The provisions of this paragraph in respect to books shall apply to any individual importing not exceeding two copies of any one work for his own use, and not for barter, sale, or hire. PHILIPPINE ISLANDS. 191 347. Articles of the growth, produce, or manufacture of PhC1ilPne arti-? the Philippine Islands, paintings which are works abroad. of art, and books exported to foreign country and Conditions. returned without having been advanced in value or improved in condition by any process of manufacture or other means, and upon which no drawback or bounty has been allowed, and articles returned from foreign expositions, subject to identification under such rules and regulations as the insular collector of customs shall prescribe. 348. Repairs to vessels documented in the Philippine Is- bRepairs made abroad to doculands or regularly plying in Philippine waters, made mented vessels. in foreign countries, upon proof satisfactory to the Conditions. collector of customs that adequate facilities for such repairs are not afforded in the Philippine Islands. 349. Articles and materials actually used in the construction, equipment, or repair within the Philippine budngesisl for Islands of vessels, their machinery, tackle, or ap- etc. parel, subject to such restrictions, conditions, and regulations as the insular collector of customs shall prescribe. 350. Articles brought into the Philippine Islands for the purpose of having repairs made thereto, upon the Articles for r filing of a bond with sureties satisfactory to the Bond. collector of customs, in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within a period of not to exceed six months from the date of importation thereof, in the discretion of the collector of customs, subject to such rules and regulations as the insular collector of customs shall prescribe. 351. Coverings and holdings of articles, goods, wares, and merchandise (usual), except as expressly provided. meco1seins SEC. 12. That all articles, except rice, the growth, product, or manufacture of the United States and its possessions to which the customs tariff in force in the United prOid States products, except States is applied and upon which no drawback of customs rice. duties has been allowed therein, going into the Philippine mDtadmthti Islands shall hereafter be admitted therein free of customs f if not eceivduty when the same are shipped directly from the country dbk. of origin to the country of destination: Provided, That direct shipment shall include shipment in bond through foreign territory contiguous to the United States. Said Prot ns in articles shall be as originally packed without having been bond. opened or in any manner changed in condition: Provided, Unopened, ete., however, That if such articles shall become unpacked while pac en route by accident, wreck, or other casualty, or so dam- Allowanoe fo aged as to necessitate their repacking, the same shall be admitted free of duty upon satisfactory proof that the unpacking occurred trough accident, or necessity, and that& the mercha4dise olved is the identical merchandise originally s$pped from the United States, or its pos2872'4-S. Doc. 306, 62-2 — 192 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. sessions as hereinbefore provided, and that its condition has not been changed except for such damage as may have been sustained. Export duties. EXPORT DUTIES. SEC. 13. That upon the exportation to any foreign country from the Philippine Islands, or the shipment thereof to the United States or any of its possessions, of the following articles, there shall be levied, collected and irect exports paid thereon the following export duties: Provided, howof Philippine ar- ever, That all articles the growth and product of the tiltes to Unted Philippine Islands coming directly from said islands to States excepted. P a the United States or any of its possessions for use and consumption therein, shall be exempt from any export duties imposed in the Philippine Islands: Abaca. 352. Abaca (hemp), gross weight, one hundred kilos., seventy-five cents. Sugar. 353. Sugar, gross weight, one hundred kilos., five cents. Copra. 354. Copra, gross weight, one hundred kilos., ten cents. Tobacco. 355. Tobacco, gross weight: (a) Manufactured or unmanufactured, except as otherwise provided, one hundred kilos., one dollar and thirty cents. (b) Stems, clippings, and other wastes of tobacco, one hundred kilos., fifty cents. Wharfage. WHARFAGE. Levied on ship SEC. 14. That there shall be levied and collected upon Products ex- all articles, goods, wares, or merchandise, except coal, cepted. timber and cement, the product of the Philippine Islands, exported through ports of entry of the Philippine Islands, or shipped therefrom to the United States or any of its possessions, a duty of one dollar per gross ton of one thousand kilos., as a charge for wharfage, whatever be the port of destination or nationality of the exporting Priforiof vessel: Provided, That articles, goods, wares, or merArticles for official use. chandise imported, exported, or shipped in transit for the use of the Government of the United States, or of that of the Philippine Islands, shall be exempt from the charges prescribed in this section. deemed ownerof SEC. 15. That all articles, goods, wares, or merchandise imports. imported into the Philippine Islands shall, for the pur-' pose of this Act, be deemed and held to be the property of the person to whom the same may be consigned; but the holder of any bill of lading, drawn to order and in-, dorsed by the consignor, shall be deemed the consignee thereof; and in case of the abandonment of any article, goods, wares, or merchandise to the underwriters, the latter may be recognized as the consignee. Invoices.,. INVOICES. Contents. SEC. 16. That all invoices of imported articles, goods, wares, or merchandise shall state the true value thereof PHILIPPINE ISLANDS. 193 in the currency of the place or country from whence imported, or, if purchased, in the currency actually paid therefor, shall contain a correct description of such articles, goods, wares, or merchandise, with true num- Nnmbr, etc bers, weights, and quantities, in the tariff terms of this Act, and shall be made in quadruplicate and signed by the owner or shipper, if the merchandise has been actually purchased, or by the manufacturer or owner thereof, if the same has been procured otherwise than by purchase, or by the duly authorized agent of such purchaser, manufacturer, or owner. SEC. 17. That except in case of personal effects accom- Production re quired at time of panying a passenger as baggage, or arriving within a entry. reasonable time before or after the owner, no importation of any articles, goods, wares, or merchandise, exceeding one hundred dollars in dutiable value, shall be admitted to entry without the production of a duly certified invoice bOE cePption, of the kinds hereinafter described, or the filing of an affi- tion. davit made by the owner, importer, or consignee before the collector of customs, showing why it is impracticable to produce such invoice, together with a bond in an amount to be prescribed by, and with sureties satisfactory to, the collector of customs, for the production of such invoice within a reasonable time to be prescribed by said official. In the absence of such invoice, no entry shall be made frStaoeentoie upon the aforesaid affidavit unless the same be accom- accepted tempopanied by a statement in the form of an invoice or other- rarily. wise, showing the actual cost of such merchandise if same was purchased, or if obtained otherwise than by purchase, the actual market value or wholesale price thereof at the time of exportation to the Philippine Islands in the principal markets of the country from whence imported. This statement shall be verified by the oath of the owner, Verification. importer, consignee, or agent desiring to make the entry, taken before the collector of customs, and it shall be lawful for that official to examine the deponent under Evidence reoath regarding the source of his knowledge, information, or belief, concerning any matter contained in his affidavit, and to require him to produce any correspondence, document, or statement of account in his possession, or under his control, which may assist the customs authorities in ascertaining the actual value of the importation or of any part thereof; and in default of such production when so required, such owner, importer, consignee, or agent shall be thereafter debarred from producing any such correspondence, document, or statement for the purpose of avoiding the imposition of additional duty, penalty, or forfeiture incurred under this or any other Act in force in the Philippine Islands, unless he shall show to the satisfaction of the court or the collector of customs, as the case may be, that it was not in his power to produce the same when so demanded; but no articles, goods, wares, or merchandise shall be admitted to entry under the pro- Ju na v oidable visions of this' section unless the collector of customs shown. 194 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. shall be satisfied that the failure to produce the required invoice is due to causes beyond the control of the owner, importer, consignee, or agent. ProduAction b SEC. 18. That invoices required by the preceding secconsul. tion shall, at or before the shipment of the merchandise, be produced to the consul, vice-consul, or commercial agent of the United States of the consular district in which the merchandise was manufactured or purchased, as the case may be, when importation into the Philippine Islands is from a country other than the United States of America or any territory or place under the jurisdiction PDut- arti- and control of the Government thereof: Provided, That i'es. the insular collector of customs may, in his discretion, dispense with the requirement for the consular invoices prescribed in this section in case the merchandise for which entry is sought is free of duty under this Act, in which event a commercial invoice certified by the purchaser, manufacturer, seller, owner, or agent shall be filed: And rtS1 from provided further, That when the importation is from the United States of America or any territory or place under the jurisdiction and control of the Government thereof production shall be to a collector of customs, deputy colIector of customs, or United States commissioner. Declaration by Invoices shall have indorsed thereon when produced as urchar, above prescribed a declaration signed by the purchaser manufacturer, seller, owner, or agent setting forth that the invoice is in all respects correct and true and was made at the place from whence the merchandise is exported to the Philippine Islands; that it contains, if the purchased. merchandise was obtained by purchase, a true and full statement of the time when, the place where, the person from whom the same was purchased, and the actual cost thereof, and of all charges thereon; and that no discounts, bounties, or drawbacks are contained in the invoice except Obtained other- such as have been actually allowed thereon; and when obtained in any other manner than by purchase, the actual market value or wholesale price thereof, at the time of exportation to the.Philippine Islands, in the principal markets of the country from which exported; that such actual market value is the price at which the merchandise described in the invoice is freely offered for sale to all purchasers in said markets, and that it is the price which the manufacturer, seller, owner, or agent making the declaration would have received and was willing to receive for such merchandise sold in the ordinary course of trade in the usual wholesale quantities, and that it inchuded all charges thereon; that the numbers, weight, or quantity stated is correct, and that no invoice of the merchandise described differing from the invoice so prostatement of duced has been or will be furnished to anyone. If the brecy ^ * merchandise was actually purchased, the declaration shall also contain a statement that the amount shown and the currency stated in such invoice is that which was actually -* raeind. paid for the merchandise by the purchaser. Said declara PHILIPPINE ISLANDS. r95 tion shall be duly sworn to by the purchaser, manufacturer, owner, or agent before the officer to whom produced. SEC. 19. That consuls, vice-consuls, commercial agents, fr e port of collectors of customs, deputy collectors of customs, and commissioners of the United States of America having * any knowledge or information of any case or practice by which any person obtaining verification of any invoice defrauds or may defraud the revenue of the Philippine Islands shall report the facts to the insular collector of customs. SEC. 20. That United States Government vessels, Insection ot whether transports of the army or naval vessels, when Governmeut vets coming from the United States or a foreign port to the sel ports of the Philippine Islands, shall be subject to the same inspection by customs officers of the Philippine government, for the purpose of determining whether they have on board articles of merchandise dutiable under the laws of the Philippine Islands, as such United States Government vessels are subject to by customs officers of the United States Government when such vessels enter ports of the United States from foreign countries, for the purpose of determining whether such vessels have on board articles or merchandise dutiable under the laws of the United States. DRAWBACKS. Drawbacks. SEC. 21. That on all fuel imported into the Philippine Fuel usta oa Islands which is afterwards used for the propulsion of duty refunded. vessels engaged in trade with foreign countries, or between ports of the United States and the Philippine Islands, or in the Philippine coastwise trade, a refund shall be allowed equal to the duty imposed by law upon such fuel, Reglations. less one per centum thereof, which shall be paid under such rules and regulations as may be prescribed by the insular collector of customs. SEC. 22. That upon the exportation of articles manu- Allowed on articles of imported factured or produced in the Philippine Islands, including materials, or sthe packing, covering, putting up, marking, or labeling ardomescti thereof, either in whole or in part of imported materials, or from similar domestic materials of equal quantity and productive manufacturing quality and value, such question to be determined by the insular collector of customs, there shall be allowed a drawback equal in amount to the duties paid on the imported materials so used, or where similar domestic materials are used, to the duties paid on the equivalent imported similar materials, less one per centum thereof: Provided, That the exportation shall Trieiit. be made within three years after the importation of the foreign material used or constituting the basis for draw- enttledia n back: And provided further, That when the articles exported or coverings thereof are in part of materials grown or produced in the Philippine Islands not subject to drawback under this Act, the imported materials, or the simi 196 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. lar domestic materials of equal quantity and productive manufacturing quality and value entitled to drawback, shall so appear in the completed articles or packages that the quantity or measure thereof may be ascertained: And Identieaostion. -i.ovded further, That the imported materials, or domestic materials entitled to drawback under this Act, for which drawback is claimed, shall be identified; that the quantity of such materials used and the amount of duty paid thereon or if domestic materials, paid upon its equivalent, shall be ascertained; and that the fact of their exPayment. portation shall be established; and the refund if made shall be paid to the manufacturer, producer, or exporter, to the agent of any of them, or to the person such manufacturer, producer, exporter or agent shall, in writing, order such refund paid, under and in accordance with such rules and regulations as the insular collector of cusNotalowed on toms may prescribe: Provided, however, That no drawStates, admitted back shall be paid under this section on account of any ree articles, goods, wares, or merchandise exported to the United States of America or to any Territory or place under the jurisdiction and the control of the Government thereof, wherein such articles, goods, wares, or merchandise are admitted free of duty. Return of con- SEC. 23. That containers, such as casks, large metal, Bond, etc. glass, or other receptacles which are, in the opinion of the collector of customs, of such a character as to be readily identifiable may be delivered to the importer thereof upon identification and the giving of a bond with sureties satisfactory to the collector of customs in an amount equal to double the estimated duties thereon, conditioned for the exportation thereof or payment of the corresponding duties thereon within one year from the date of importation, under such rules and regulations as the insular collector of customs shall prescribe. nutern'al-eve- SEC. 24. That in addition to the taxes imposed by this nue tax on all imports except Act there shall be levied and collected on goods, wares, or sta. Uitedmerchandise when imported into the Philippine Islands from countries other than the United States the internal revenue tax imposed by the Philippine government on like articles manufactured and consumed in the Philippine Islands or shipped thereto, for consumption therein, from the United States. Enforcement. SEC. 25. That the insular collector of customs shall, subject to the approval of the secretary of the department having jurisdiction over the customs service, make all rules and regulations necessary to enforce the provisions of this Act. Turademarks SEC. 26. That original jurisdiction in all cases arising in Jurisdiction Of Philippinecourts.the Philippine Islands is hereby conferred upon the courts of first instance of the Philippine Islands and appellate jurisdiction upon the supreme court of the Philippine Islands in matters arising under the Act of Congress approved February twentieth, nineteen hundred and five, entitled "An Act to authorize the registration of trade PHILIPPINE ISLANDS. 197 marks used in commerce with foreign nations or among the other States or with Indian tribes and to protect the same," identical with the jurisdiction conferred upon courts of the United States by section seventeen of said Act. SEC. 27. That all existing decrees, laws, regulations, Inconsistent orders, or parts thereof, inconsistent with the provisions pealed. of this Act, are hereby repealed, but the repeal of such decrees, laws, regulations, or orders, or parts thereof, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal takes effect; but all rights and bilght acnd - liabilities under said decrees, laws, regulations, or orders ued. shall continue and may be enforced in the same manner as if said repeal had not been made. Any offenses corn-Pir onse, mitted and all penalties or forfeitures or liabilities incurred prior to the time when this Act shall take effect under any decree, law, regulation, or order embraced in, modified, changed, or repealed by this Act may be prosecuted or punished in the same manner and with the same effect as if this Act had not been passed. All Acts of affLc atinsnt limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in, modified, changed, or repealed by this Act shall not be affected thereby; and all suits, proceedings, or prosecutions, tPendmg suits, whether civil or criminal, for causes arising or acts done or committed prior to the time when this Act shall take effect may be commenced and prosecuted within the same time and with the same effect as if this Act had not been passed. SEC. 28. That this act shall take effect sixty days after da eect in 00 its passage. Approved Eight minutes after Five o'clock P. M. Aug. 5th, 1909. RE SOLUTION. (No. 2.] Joint Resolution Making appropriations for the payment Apr. 23,1909. of certain expenses incident to the first session of the Sixty-first Con- [H. J. Res. 45.1 gress. [Pub. Res. No. 2.1 (For stationery for Resident Commissioners from the 1,3. 82 Lpt. Philippine Islands. See p. 376.) SIXTY-FIRST CONGRESS, SECOND SESSION. Mar. 23, 910. CHAP. 115.-An Act Making appropriation for the support of the H. R. 15384.] army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No. 102.1 eleven. 36 Stat. L., pt. 1,. 243. (Expenses military information section, Manila; Pay of Philippine Scouts; Barracks and quarters, Philippine Islands; Care of insane Filipino soldiers; Contingencies, Engineer Department. See pp. 43, 45, 47.) Apr. 26,1910. CHAP. 191.-An Act for preventing the manufacture, sale, or ['. 6131. transportation of adulterated or misbranded Paris greens, lead arsen[Public, No. 152.] ates, and other insecticides, and also fungicides, and for regulating 36 Stat. L., pt. traffic therein, and for other purposes. 1, p. 331. (Applicable to the Philippine Islands. See p. 391.) May 6,1910. CHAP. 199.-An Act Making appropriations for the diplomatic H. R 19255.1 and consular service for the fiscal year ending June thirtieth, nineteen IPublic, No. 156.1 hundred and eleven. 36 Stat. L., pt. 1, p. 337. (Relief and protection of American seamen in the Philippine Islands. See p. 392.) May 12, 1910. CHAP. 230.-An Act Making appropriations for the service of the H-R.. 21419.- Post-Office Department for the fiscal year ending June thirtieth, nine[Public 173.] teen hundred and eleven, and for other purposes. 36 Stat. L., pt. 1,p. 355. (Mail Bags. Purchase of material and manufacture of equipment. See p. 392.) June 24,1910. CHAP. 378.-An Act Making appropriations for the naval service [H. R. 23311. for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public, No. 261.] and for other purposes. 36 Stat. L., pt. 1,p. 605. (Naval magazine, Olongapo, P. I.; Barracks, Marine Corps, Philippine Islands. See p. 54.) June 14,1910. CHAP. 291.-An Act Providing for the quadrennial election of [H. R. 25641.1 members of the Philippine legislature and Resident Commissioners to [Public, No. 211.] the United States, and for other purposes. 36 Stat. L., pt. 'Philippine Is- Be it enacted by the Senate and House of Representatives dssembly to of the United States of America in Congress assembled, That serve four years. the present members of the Philippine assembly shall hold office until the fourth day of March, anno Domini nineteen hundred and twelve, and their successors shall be chosen 198 PHILIPPINE ISLANDS. 199 by the people in the year nineteen hundred and eleven, and in every fourth year thereafter, and shall hold office for four years beginning on the fourth day of March next following their election. At its next regular session after the passage of this Act the Philippine legislature shall fix the date for the commencement of its annual sessions. SEC. 2. That hereafter the terms of Resident Commis- Resident Comrn missioners. sioners to the United States shall be four years instead of To serve four two. The two to be chosen by the Philippine legislature years. at its next regular session, in pursuance of law, shall hold office for four years, and thereafter such elections shall be held quadrennially. Each of said Resident Commissioners shall, in addition to the salary and expenses now eA l w wes, allowed by law, be allowed the same sum for stationery and for the pay of necessary clerk hire as is now allowed to the Members of the House of Representatives of the United States, and the franking privilege now enjoyed by Mem- franking privibers of the House of Representatives. SEC. 3. That all Acts or parts of Acts inconsistent here- Coflicting laws with are hereby repealed, so far, and so far only, as they eed. conflict with the provisions of this Act. CHAP. 297.-An Act Making appropriations for the legislative, June 17, 1910. executive, and judicial expenses of the Government for the fiscal year [H. R. 22643.1 ending June thirtieth, nineteen hundred and eleven, and for other IPublic, No. 213.1 purposes. 1, p. 468. (Pay of Resident Commissioners from the Philippine Islands, and clerk hire, stationery. See p. 398.) CHAP. 361.-An Act Making appropriations for fortifications and June 23,1910. other works of defense, for the armament thereof, for the procurement [H. R. i7500.1 of heavy ordnance for trial and service, and for other purposes. [Public, No. 247.] 36 Stat. L., pt. (Construction of seacoast batteries and accessories in Phil- 1, p ippine Islands. See p. 51.) CHAP. 384.-An Act Making appropriations for sundry civil June 25, 1910. expenses of the Government for the fiscal year ending June thirtieth, [H. R-25562.] nineteen hundred and eleven, andf for other purposes. [Public No. 266.) 36 Stat. L., pt (Replacing barracks & quarters, Philippine Islands; 'p' 703 Seacoast defenses, Philippine Islands; Bringing home remains of oficers, soldiers and civilian employees of the Army who die abroad. See pp. 55.) 200 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 25 1910. CHAP. 385.-An Act Making appropriations to supply deficiencies [H. R. 2730.1 in appropriations for the fiscal year nineteen hundred and ten, and for IPublc, No. 267.1 other purposes. 36 Stat. L., pt.,p. 774. Be it enacted by the Senate and House of Representatives Deficiencies ap- of the United States ofAmerica in Congress assembled, That the following sums be, and are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in appropriations for the fiscal year nineteen hundred and ten, and for other purposes, namely: * * * * * NAVAL ESTABLISHMENT. * * * * * BUREAU OF YARDS AND DOCKS. * * * * * (Overhauling and repairing dry dock Dewey at Olongapo, P.. See p. 57.) CLAIMS ALLOWED BY THE AUDITOR FOR THE NAVY DEPARTMENT. (Equipment plant, Philippine Islands. See p. 86.) June 25,1910. CHAP. 395.-An Act To further regulate interstate and foreign [H. R. 12315.] commerce by prohibiting the transportation therein for immoral pur[Public, No. 277.] poses of women and girls, and for other purposes. 36 Stat. L., pt. 1,p. 825. ' (Applicable to Philippine Islands. See p. 435.) RESOLUTION. Apr. 9,110. [No. 19.] Joint Resolution Fixing the terms of court in the Philippine [S.. Res. 38], Islands. Irub. Res., No. Resolved by the Senate and House of Representatives of 25.1 36 Stat. L., pt. the United States of America in Congress assembled, That 1, p.877. the supreme court'of the Philippine Islands is authorized Phippine is- to hold such special term or terms in each year at Baguio, Terms of su- in the Province of Benguet, or at any other suitable place orest at in the Philippine Islands, as may be provided by order of the court, and to make such orders with reference to the transfer of records and the issuing of process as shall be necessary to make the orders, decrees, and judgments entered by the court in such special term or terms effective. SIXTY-FIRST CONGRESS, THIRD SESSION. CHAP. 81.-An Act Providingfor the quadrennial election of mem- Feb. 15, 1911. bers of the Philippine Assembly and Resident Commissioners to the [H. R. 32004.1 United States, and for other purposes. [Public, No. 376. 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives p 910 of the United States of America in Congress assembled, That the present members of the Philippine Assembly isilhdiippn shall hold office until the sixteenth day of October, anno Members ofAsDomini nineteen hundred and twelve, and their succes- electb for lour sors shall be chosen by the people in the year nineteen years. hundred and twelve, and in every fourth year thereafter, and shall hold office for four years beginning on the sixteenth day of October next following their election. At sio ns a f gisl its next regular session after the passage of this Act the ture. Philippine Legislature shall fix the date for the commencement of its annual sessions. SEC. 2. That the present Resident Commissioners shall miSdnt Comhold office until their successors shall have been duly Tenure of preselected and qualified. Their successors may be electedent by the present Philippine Legislature, and if so elected shall hold office until March fourth, nineteen hundred and thirteen. At the regular session beginning in nine- yerm tobe four teen hundred and twelve, and quadrenmally thereafter, the Philippine Legislature shall in the manner now provided by law elect two Resident Commissioners to the United States, each of whom shall hold office for the term of four years beginning upon the fourth day of March next ensuing his election. Each of said Resident pes a ay ex. Commissioners shall, in addition to the salary and expenses now allowed by law, be allowed the same sum for stationery and for the pay of necessary clerk hire as is now allowed to the Members of the House of Representatives of the United States, and the franking privilege now enjoyed by Members of the House of Representatives. SEC. 3. That all Acts or parts of Acts inconsistent Inconsistent herewith are hereby repealed so far, and so far only, as they conflict with the provisions of this Act. CHAP. 187.-An Act To protect the dignity and honor of the uni- Mar. 1, 1911. form of the United States. (H. R. 23016.1 (Public, No. 436.1 (Applicable to the Philippine Islands. See p. 60.),36 St. L pt. 201 202 AWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3,1911. CHAP. 208.-An Act Making appropriations for the Diplomatic and [H. R. 32866.1 Consular Service for the fiscal year ending June thirtieth, nineteen hun[Public, No. 452.] dred and twelve. 36 Stat. L., pt. i, p. 1027. (Relief and protection of shipwrecked American seamen in the Philippine Islands. See p. 450.) * * * * * Mar. 3,1911. CHAP. 209.-An Act Making appropriation for the support of the [H. R. 31237.1 Army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No. 453.] twelve. 36 Stat. L., pt. 1,1037. ' (Expenses, branch office, military information section, General Staff Corps, Manila, P. I.; Pay to clerks, messengers, and laborers at headquarters of divisions, and departments, and posts commanded by general officers, and office of the Chief of Staff; One clerk to be employed as stenographer for the military information division in the Philippine Islands; Pay of Philippine Scouts; Barracks and quarters in the Philippine Islands; Care of insane Filipino soldiers. See pp. 60, 61, 62, 64, 65.) Mar. 3,1911. CHAP. 226.-An Act To prevent the disclosure of national defense [H. R. 26656.1 secrets. [Public, No. 470.] 36 Stat. L., pt. (Applicable to the Philippine Islands. See p. 66.) 1, p. 1084. Mar. 4,1911. CHAP. 237.-An Act Making appropriations for the legislative, [H. R. 29360.1 executive, and judicial expenses of the Government for the fiscal year [Public, No. 477.] ending June thirtieth, nineteen hundred and twelve, and for other 36 Stat. L., pt. purposes. 1,p. 1170. (Compensation of resident commissioners from the Philippine Islands. See p. 526.) Mar. 4,1911. CHAP. 239.-An Act Making appropriations for the naval service [H. R. 32212.1 for the fiscal year ending June thirtieth, nineteen hundred and twelve, [Public, No. 479.] and for other purposes. 36 Stat. L., pt., p. 1205. (Naval magazine, Olongapo: Repairs of Marine barracks in the Philippine Islands. See pp. 69, 70.) Mar' 4,1911. CHAP. 241.-An Act Making appropriations for the service of the [H. R. 31539.] Post Office Department for the fiscal year ending June thirtieth, nine[Public, No. 481.] teen hundred and twelve, and for other purposes. 86 Stat. L., pt. 1, p. 1327. (For postal equipment in the Philippine Islands. See p. 529.) PHILIPPINE ISLANDS. 203 CHAP. 242.-An Act Making appropriations for fortifications and Mar. 4,1911. other works of defense for the armament thereof, for the procurement of [H R. 32865]1 heavy ordnance for trial and service, and for other purposes. jPublic, No. 482.] 36 Stat. L., pt. (Fortifications in the Philippine Islands. See p. 71.) 1, P. 1341. CHP. 285.-An Act Making appropriations for sundry civil ex- Mar. 4,1911. penses of the Government for the fiscalI y ear ending June thirtieth, ~R 20. nineteen hundred and twelve, and for other purposes. [Public No. 525.1 36 Stat. L., pt. (Seacoast defenses in Philippin~e Islands; Back payan "p13. bounty for oft ers and men servng in the, Philippsne Islands. See pp. 73, 74.) CHAP. 286.-An Act for the relief of Jaji Bin Ydris. Mar. 4,1911. [8. 1031.] (Cornpensation for loss of boat in collision uith U. S. (Private, No. 254.1 36 Stat. L.) p. launch Ogden. See p. 89.) 2, p. 2022. I a PORTO RICO. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 1.-An Act Making appropriations for expenses of the Thir- June 29,1909. teenth Decennial Census, and for other purposes. [H. R. 10933.1 [Public, No. 1.1 (Applicable to Porto Rico. See p. 217.),6 ta. pt CHAP 2.-An Act To provide for the Thirteenth and subsequent July 2,1909. decennial censuses.. R. 1033.1 [Public, No. 2.] (Applicable to Porto Rico. See p. 217.),36 St. L., pt. CHAP. 4.-An Act To amend an Act entitled "An Act temporarily July 15,1909. to provide revenues and a civil government for Porto Rico, and for other [H. R. 9541.] purposes," approved April twelfth, nineteen hundred. (Public, No. 4.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1. of the United States of America in Congress assembled, That the Act entitled "An Act temporarily to provide Portoico-.-Legislative asrevenues and a civil government for Porto Rico, and for sembly. other purposes," approved April twelfth, niideteen hundred, is hereby amended by inserting at the end of section thirty-one of said Act the following additional proviso: "And provided further, That if at the termination of any oSpport of the fiscal year the appropriations necessary for the support of A p p r o p r agovernment for the ensuing fiscal year shall not have been linsla ntinued asif made an amount equal to the sums appropriated in the act. last appropriation bills for such purpose shall be deemed to be appropriated; and until the legislature shall act in such behalf the treasurer may, with the advice of the governor, make the payments necessary for the purposes aforesaid." SEC. 2. That all reports required by law to be made by Reptsvet the governor or members of the executive council of Porto partment to be Rico to any official in the United States shall hereafter be ceise, to re made to an executive department of the Government of the United States to be designated by the President; and the President is hereby authorized to place all matters pertaining to the government of Porto Rico in the jurisdiction of such department. 205 206 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Aug. 5, 909. CH-AP. 6.-An Act to provide revenue, equalize duties and enoour[H. R. 148. age the industries of the United States, and for other purposes. 1'Public No. 5.J 36 Stat. L., pt. Aplcbeto Porto Rico-. Sep 3 RBSOLUTION. [A r4. 2,]9 [No. 2.1 Joint Resolution Maigappropriations for the payment of _PubR_______2. certain expenses incident to the first session of the Sixty-first Congress. 36Puba. Ls.,No 2.] 36 Sta. L.,8p. (For stationery for Resident 6'ormi-ssioner frmPorto "'h '~ Rico. See p. 376.)fr 0 SIXTY-FIRST CONGRESS, SECOND SESSION. CHAP. 115.-An Act Making appropriation for the support of the Mar. 23,1910. army for the fiscal year ending June thirtieth, nineteen hundred and [H. R. 15384.1 eleven. [Public, No. 102.] 36 Stat. L., pt. (Porto Rico Regiment of Infantry. See p. 45) ' 243 CHAP. 191.-An Act for preventing the manufacture, sale, or Apr. 26,1910. transportation of adulterated or misbranded Paris greens, lead arsenates, [s. 6131.] and other insecticides, and also fungicides, and for regulating traffic [Public, No. 152.1 therein, and for other purposes. 1,36 Stat. L.33 Pt. (Applicable to Porto Rico. See p. 391) CHAP. 199.-An Act Making appropriations for the diplomatic and May 6 1910. consular service for the fiscal year ending June thirtieth, nineteen [Public, No. 156.1 hundred and eleven. [H. R. 19255.1 36 Stat. L., pt. (Relief and protection of American seamen in Porto lp, 337 Rico. See p. 392) CHAP. 230.-An Act Making appropriations for the service of the May 12 1910. Post-Office Department for the fiscal year ending June thirtieth, [H. R. 21419.] nineteen hundred and eleven, and for other purposes. [Public, No. 173.] 36 Stat. L., pt. (Mail bags. Purchase of material and manufacture of 'P. 355 equipment. See p. 392). CHAP. 256.-An Act Making appropriations for the Department of May 26, 1910. Agriculture for the fiscal year ending June thirtieth, nineteen hundred [H. R. 18162.1 -and eleven. [Public, No. 190.] 36 Stat. L., pt. (Maintenance of agricultural experiment station in Porto 1, p. 416. Rico, and sale of products therefrom. See p. 393.) CHAP. 290.-An Act To authorize the President to convey to the June 14, 1910. people of Porto Rico certain lands and buildings not needed for pur- [H. R. 25290.1 poses of the United States. [Public, No 210.1 36 Stat. L.. pt. Be it enacted by the Senate and House of Representatives p'467 of the United States of America in Congress assembled, That the President is hereby authorized, in his discretion, Porto Rico Lands, etc., to convey to the people of Porto Rico such lands and near San Juan buildings, or interests therein, adjacent to the city of granted to. San Juan, reserved for public uses under the authority conferred by the Act approved July first, nineteen hundred and two (Thirty-second Statutes at Large, page seven hundred and thirty-one), as in his opinion are no longer needed for purposes of the United States. 28872~ —S. Doc. 306, 62-2 16 207 208 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June17 1910 CHAP. 297.-An Act Making appropriations for the legislative, [H. R. 2643.1 executive, and judicial expenses of the Government for the fiscal year [Public, No. 21:.1 ending June thirtieth, nineteen hundred and eleven, and for other 36 Stat. L., pt. purposes. 1, p. 468. (Pay of Resident Commissioner from Porto Rico, and for clerk hire. Stationery. See p. 398.) June 17 1910 CHAP. 301.-An Act To authorize additional aids to navigation in H. R. 4877] the Light-House Establishment, and to provide for a Bureau of LightIPublic, No. 217.1 Houses in the Department of Commerce and Labor, and for other pur36 Stat. L., pt. poses. 1, p. 534. poses. (Rearrangement of lighthouse district in Porto Rico; temporary assignment of army and navy officers thereto. See p. 399.) June 24,1910. CHAP. 378.-An Act Making appropriations for the naval service [H R. 23311.1 for the fiscal year ending June thirtieth, nineteen hundred and eleven, [Public. No. 261.] and for other purposes. 36 Stat. L., pt. 1, p. 605. (Marine Barracks in Porto Rico. See p. 54.) June 25,1910. CHAP. 382.-An Act Making appropriations for the construction, [H. R. 20686.] repair, and preservation of certain public works on rivers and harbors, [Public, No. 264.1 and for other purposes. 36 Stat. L., pt., p. 63. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Riversand har-That the following sums of money be, and are hereby, b ors appropriations. ppr appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: san Juan, P. R. Improving harbor at San Juan, Porto Rico: For maintenance, twenty thousand dollars. Aproprioaton SEC. 3. That for examinations, surveys, and continfor examinations, etc. gencies for rivers and harbors for which there may be no special appropriation, the sum of five hundred thousand Pthorityo redollars is hereby appropriated: Provided, That no prelimquired. inary examination, survey, project, or estimate for new works other than those designated in this or some prior auppemen- Act or joint resolution shall be made: Provided further, stricted. That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless ordered PORTO RICO. 209 by a concurrent resolution of Congress. The Government it8:giuthroL shall not be deemed to have entered upon any project for the improvement of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law. The Secretary of War is hereby authorized and directed prAlltment of to cause preliminary examinations and surveys to be made aminations, etc. at the localities named in this section, as hereinafter set forth, and a sufficient sum to pay the cost thereof may be allotted from the amount appropriated in this section. In all cases a preliminary examination of the river, harbor, aReprtni of. ex or other proposed improvement mentioned shall first be made, and a report as to the advisability of its improvement shall be submitted, unless a survey or estimate is herein expressly directed. If upon such preliminary Unfavorablere examination the proposed improvement is not deemed advisable, no further action shall be taken thereon without the further direction of Congress; but in case the Survey, etc., i report shall be favorable to such proposed improvement, or that a survey and estimate should be made to determine the advisability of the improvement, the Secretary of War is hereby authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reported to Congress. And such reports containing Requirements. plans and estimates shall also contain a statement as to the rate at which the work should be prosecuted. Such examinations and surveys shall be reviewed by the Board Rbo e v i We of Engineers for Rivers and Harbors, as provided in sec- neers tion three of the river and harbor Act of March second, nineteen hundred and seven: Provided, That every exam- Pfo na inination and survey report submitted to Congress, as pro- formation re. vided for herein or as may be provided for hereafter, in qur'd addition to full information regarding the present and prospective commercial importance of the project covered by the report, and the benefit to commerce likely to result from any proposed plan of improvement, shall contain also such data as it may be practicable to secure regarding (first) the establishment of terminal and trans- teermina facilifer facilities, (second) the development and utilization of water transwater power for industrial and commercial purposes, anl fers, etc. (third) such other subjects as may be properly connected with suchproject: Provided further, That in the investi- ohrdina t i o n gation and study of these questions consideration shall necessary. be given only to their bearing upon the improvement of navigation and to the possibility and desirability of tlieir being coordinated in a logical and proper manner with improvements for navigation to lessen the cost of such improvements and to compensate the Government for expenditures made in the interest of navigation: And pro- Extgnsion of vided further, That the investigation and study of these existing works. questions as provided herein may, upon review by the Board of Engineers for Rivers and Harbors when called for as now provided by law, be extended to any work of 210 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. improvement now under way and to any locality the examination and survey of which has heretofore been, or may hereafter be, authorized by Congress. ofxanina ti10 S The surveys of navigable streams herein or hereafter etc., of navigable authorized shall include such stream-flow measurements streams and other investigations of the watersheds as may be necessary for preparation of plans of improvement and a proper consideration of all uses of the stream affecting navigation, and whenever necessary similar investigations may be made in connection with all navigable dRePo rt On streams under improvement. Whenever permission for the construction of dams in navigable streams is granted, or is under consideration by Congress, such surveys and investigations of the sections of the streams affected may be made as are necessary to secure conformity with rational plans for the improvement of the streams for navigation. Printing exp All reports of preliminary examinations and surinations,etc.,dur- veys which may be prepared during the recess of Conxameinations gress shall, in the discretion of the Secretary of War, be ordered. printed by the Public Printer as documents of the following session of Congress. * * * * * Porto Rico. PORTO RICO. Palmas Altas Harbor. June 25, 1910. CHAP. 383.-An Act To increase the limit of cost of certain public [H. R. 26987.] buildings, to authorize the enlargement, extension, remodeling, or im[Public, No. 265.] provement of certain public buildings, to authorize the erection and 36 Stat. L., pt. completion of public buildings, to authorize the purchase of sites for 6 public buildings, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Public build That to enable the Secretary of the Treasury of the United LMts of cost States to give effect to and execute the provisions of increased and...... contracts author- existing legislation authorizing the acquisition of land zed. for sites or the enlargement thereof, and the erection, enlargement, extension, remodeling, or repair of public buildings in the several cities hereinafter enumerated. the limit of cost heretofore fixed by Congress therefor be, and the same is hereby, increased, respectively, as follows, and the Secretary of the Treasury is hereby authorized to enter into contracts for the completion of each of said buildings within its respective limit of cost, including site: * * * * * Ban Juan,Porto United States post-office and court-house at San Juan, Porto Rico, one hundred and twenty-five thousand dollars, for building only. * * * * * PORTO RICO. 211 CHAP. 384.-An Act Making appropriations for sundry civil June25 1910. expenses of the Government for the fiscal year ending June thirtieth, IH. R. 5552.1 nineteen hundred and eleven, and for other purposes. [Public, No. 266.1 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, exSuendry ci appropriated, for the objects hereinafter expressed, for pnrations. the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: * * * * * UNDER THE TREASURY DEPARTMENT. * * * * * QUARANTINE STATIONS. * *,. * * San Juan, Porto Rico, Quarantine Station: The ap- SanJuan, P.R. propriation of twenty-three thousand five hundred dollars for lazaretto, executive building, laundry, and attendants' quarters, on Miraflores Island, San Juan Harbor, made in the sundry civil appropriation act for the fiscal year nineteen hundred andfive, is hereby reappropriated and made available for said purposes, and to continue available as other appropriations for quarantine stations under public buildings, making in all forty-nine thousand seven hundred dollars available for said quarantine station. PUBLIC HEALTH AND MARINE HOSPITAL SERVICE. (Maintenance quarantine station, Porto Rico. See p. 424.) UNDER THE WAR DEPARTMENT. UNDER QUARTERMASTER'S DEPARTMENT. Brigiging home remains of officers, soldiers, and civilian employees who die abroad; care of insane soldiers of Porto Rico Regiment. (See pp. 55, 56.) * * * * * UNDER ENGINEER DEPARTMENT. Improving harbor at San Juan, Porto Rico: For con- sanjuan,P. R tinuing improvement, in completion of contract authorization, eighty thousand dollars. * * * * * 212 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 25, 1910. CHAP. 386.-An Act To establish postal savings depositories for [S. 5876.1 depositing savings at interest with the security of the Government for [Public, No. 28. repayment thereof, and for other purposes. 36 Stat. L., pt. l,p. 814. (Applicable to Porto Rico. See p. 429.) June 25,1910. CHAP. 395.- An Act To further regulate interstate and foreign [H. R. 12315.J commerce by prohibiting the transportation therein for immoral pur[Public, No. 277.] poses of women and girls, and for other purposes. 36 Stat. L., pt. ip.*2m (Applicable to Porto Rico. See p. 435.) SIXTY-FIRST CONGRESS, THIRD SESSION. CHAP: 138.-An Act For the relief of Captain Evan M. Johnson, Feb. 20, 1911. United States Army. IH R. 14729. [Private, No.226.] (Reimbursement for loss of personal property by reason 236 Stat L., pt of the sinking of the U. S. transport" Meade" in the harbor of Ponce, Porto Rico, May 16, 1899. See p. 88.) CHAP. 166.-An Act Making appropriations for the construction, Feb. 27, 1911. repair, and preservation of certain public works on rivers and harbors, [H. R. 28632.] and for other purposes. [Public, No. 425.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 933. of the United States of America in Congress assembled, That River and harbor appr o p r i athe following sums of money be, and are hereby, appro- tions. priated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers for the construction, completion, repair, and preservation of the public works ereinafter named: * * * * * SEC. 2. That for examinations, surveys, and contin- Appropriation,. 11p * lor examinations, gencies for rivers and harbors for which there may be no etc. special appropriation, the sum of three hundred thousand dollars is hereby appropriated: Provided, That no pre- Provso.i liminary examination, survey, project, or estimate for quired. new works other than those designated in this or some prior Act or joint resolution shall be made: Provided rSupplmetary further, That after the regular or formal reports made as required by law on any examination, survey, project, or work under way or proposed are submitted no supplemental or additional report or estimate shall be made unless ordered by a concurrent resolution of Congress: And provided further, That the Government shall not be itSpealaithor. deemed to have entered upon any project for the improve- requires. ment of any waterway or harbor mentioned in this Act until funds for the commencement of the proposed work shall have been actually appropriated by law. The Secretary of War is hereby authorized and directed Alluotment of g ipreliminary exn to cause preliminary examinations and surveys to be amintio made at the following-named localities, and a sufficient sum to pay the cost thereof may be allotted from the amount appropriated in this section: * * * * * San Juan Harbor, Porto Rico. Porto Rioo. In all cases a pralanary examination of the river.^ Rept. O S harbor, or other pr im mprovement mentioned shal first be made, and a r tas to the advisability of its 213 214 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. improvement shall be submitted, unless a survey or estipUfavorable re- mate is herein expressly directed. If upon such preliminary examination the proposed improvement is not deemed advisable, no further action shall be taken thereon Survly etc, if without the further direction of Congress; but in case the favorable, report shall be favorable to such proposed improvement, or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of War is hereby authorized, in his discretion, to cause surveys to be made, and the cost and advisability to be reRequirements. ported to Congress. And such reports containing plans and estimates shall also contain a statement as to the rate at which the work should be prosecuted. printing of ex- All reports on examinations and surveys which may be aminations, etc., during recess. prepared during the recess of Congress shall, in the discretion of the Secretary of War, be printed by the Public Printer as documents of the following session of Congress. Mar. 1,1911. CHAP. 187.-An Act To protect the dignity and honor of the [H. R. 23015.1 uniform of the United States. [Public, No. 436.] 36 Stat. L., pt. i, p. 963. (Applicable to Porto Rico. See p. 60.) Mar. 3,1911. CHAP. 208.-An Act Making appropriations for the Diplomatic [H. R. 32866.1 and Consular Service for the fiscal year ending June thirtieth, nine(Public, No. 452.] teen hundred and twelve. 36 Stat. L., pt. 1, p. 1027. (Relief and protection of shipwrecked American seamen in Porto Rico. See p. 450.) Mar. 3,1911. CHAP. 209.-An Act Making appropriation for the support of the [H. R. 31237.1 Army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No. 453.1 twelve. 36 Stat. L., pt. 1, p. 1037. (Pay of Porto Rico Regiment of Infantry; Care of insane soldiers, Porto Rico Regiment of Infantry. See pp. 62,65.) Mar. 3, 1911. CHAP. 226.-An Act To prevent the disclosure of national de[H. R. 22656.] fense secrets. [Public, No. 470.],36 Stat. L. pt. (Applicable to Porto Rico. See p. 66.) Mar. 3 1911. CHAP. 231.-An Act To codify, revise, and amend the laws relat[s. 7631.] ing to the judiciary. [Public No. 475.] 36 Stat. L., pt. (Applicable to Porto Rico. See p. 451.) 1, p. 1087. Mar. -, 1911. CHAP. 237.-An Act Making appropriations for the legislative, _1,R. 29360.1 executive, and judicial expenses of the Government for the fiscal IPublic, Ko. 477.1 year ending June thirtieth, nineteen hundred and twelve, and for 36 ta. L., p. other purposes.. tp. 1170. (Compensation of Resident Commissioner from Porto Rico. See p. 526.) PORTO RICO. 215 - CHAP. 238.-An Act Making appropriations for the Department Mar. 4,1911. of Agriculture for the fiscal year ending June thirtieth, nineteen hun- r-H R. 21596.1 dred and twelve. [Public, No. *78.) 36 Stat. L., pt. WEATHER BUREAU., p. 123 (General expenses of Weather Bureau in Porto Rico. See p. 527.) * * * * * FOREST SERVICE. GENERAL EXPENSES, FOREST SERVICE. * * * * * For salaries and field and station expenses, including eational forthe maintenance of nurseries, collecting seed, and plant- Maintenance, ing, necessary for the use, maintenance, and protection of e t c., including the national forests named below: * * * * * Luquillo National Forest, Porto Rico, two thousand Luquillo, P.R. four hundred and eight dollars. OFFICE OF EXPERIMENT STATIONS. (Establishment and maintenance of experiment stations in Porto Rico. See p. 528.) CHAP. 239.-An Act Making appropriations for the naval service Mar. 4, 1911 for the fiscal year ending June thirtieth, nineteen hundred and twelve, [H. R. 32212.1 and for other purposes. JPublic, No. 479.1 36 Stat. L., pt. (Marine barracks in Porto Rico. See p. 70.),p. 266. CHAP. 241.-An Act Making appropriations for the service of the Mar. 4, 1911. Post Office Department for the fiscal year ending June thirtieth, nine- IH. R. 31539.] teen hundred and twelve, and for other purposes. [Public, No. 481.] 36 Stat. L., pt. (For postal equipment in Porto Rico. See p. 529.) 1, 1327. CHAP. 285.-An Act Making appropriations for sundry civil ex- Mar. 4,1911. penses of the Government for the fiscal year ending June thirtieth, IH. R. 32909.) nineteen hundred and twelve, and for other purposes.!Public, No. 525.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives p of the United States of America in Congress assembled, that the following sums be, and the same are hereby, xundry c ivil appropriated, for the objects hereinafter expressed, for the pations. app fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * 216 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE TREASURY DEPARTMENT. * * * * * an Juan, P. R. San Juan, Porto Rico, post office and courthouse: For continuation of building under present limit, one hundred and seventy-five thousand dollars. * * * * * PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. (Maintenance and expenses, quarantine system of Porto Rico. See p. 529.) * * * * * JUDICIAL. UNITED STATES COURTS. (Court expenses in Porto Rico. See p. 530.) $ * * * * LEGISLATION APPLICABLE TO NONCONTIGUOUS TERRITORY OF THE UNITED STATES AND TO CUBA. SIXTY-FIRST CONGRESS, FIRST SESSION. CHAP. 1.-An Act Making appropriations for expenses of the Thir- June 29, 1909. teenth Decennial Census, and for other purposes. H. R. 10933. [Public, No. 1.] Be it enacted by the Senate and House of Representatives,36 Stat. L., pt of the United States of America in Congress assembled, That there is hereby appropriated; out of any money in Thirteenth the Treasury not otherwise appropriated, for salaries and Appropriation necessary expenses for preparing for, taking, compiling,:orexpensesof. and publishing the Thirteenth Census of the United States, Infra. rent of office quarters, for carrying on during the decennial census period all other census work authorized and directed by law, including purchase, rental, construction, repair, and exchange of mechanical appliances, to continue available untilJune thirtieth, nineteen hundred and JAnvaiable 1un twelve, ten million dollars. The Director of the Census is authorized to designate diceassiiestion d three commissioners, with the status of special agents, as causes of death. provided by the permanent census Act, to represent the toc Internationa United States in the International Commission for the Commission auRevision of the Classification of Diseases and Causes of Death, called by the Government of France to meet at Paris in July, nineteen hundred and nine, one of whom shall be chosen from the Census Office, one from the medical profession, and one from the organized registration officials of the United States. For the compensation and Pay, etc. traveling expenses of said commissioners not exceeding two thousand five hundred dollars of the foregoing appropriation may be expended. CHAP. 2. -An Act To provide for the Thirteenth and subsequent July 2,1909. decennial censuses. [H.R.1033.] [Public, No. 2.] Be it enacted by the Senate and House of Representatives 36 Stat. L., pt. of the United States of America in Congress assembled, p. That a census of the population, agriculture, manufac- Tcehirteenth tures, and mines and quarries of the United States shall Proviions for be taken by the Director of the Census in the year nine- takng. teen hundred and ten and every ten years thereafter. The census herein provided for shall include each State Teitorial exand Territory on the mainland of the United States, the 217 218 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. District of Columbia, and Alaska, Hawaii, and Porto Rico. Decennial cen- SEC. 2. That the period of three years beginning thj lished. first day of July next preceding the census provided for in section one of this Act shall be known as the decennial census period, and the reports upon the inquiries provided for in said section shall be completed and published within such period. Cdeus Ofafice SEc. 3. That after June thirtieth, nineteen hundred Additional executive force. and nine, and during the decennial census period only, there may be employed in the Census Office, in addition to the force provided for by the Act of March sixth, nineteen hundred and two, entitled "An Act to provide for a permanent Census Office," an Assistant Director, who shall be an experienced practical statistician; a geographer, a chief statistician, who shall be a person of known Appointment and tried experience in statistical work, an appointment clerk, a private secretary to the Director, two stenographers, and eight expert chiefs of division. These officers, with the exception of the Assistant Director, shall be appointed without examination by the Secretary of Commerce and Labor upon the recommendation of the Assistant Di- Director of the Census. The Assistant Director shall be appointed by the President, by and with the advice and consent of the Senate. Duties of of- SEC. 4. That the Assistant Director shall perform such ficers. Assistant Di- duties as may be prescribed by the Director of the Census. rector. In the absence of the Director the Assistant Director shall serve as Director, and in the absence of the Director Chief clerk and Assistant Director the chief clerk shall serve as Director. clearpointment The appointment clerk shall perform the appointment duties assigned to the disbursing clerk in section four of the Act entitled "An Act to provide for a permanent Census Office," approved March sixth, nineteen hundred Dlekisb ursing and two. The disbursing clerk of the Census Office shall, clerk. Additional at the beginning of the decennial census period, give addibond. tional bond to the Secretary of the Treasury in the sum of one hundred thousand dollars, surety to be approved by the Solicitor of the Treasury, which bond shall be conditioned that the said officer shall render, quarter yearly, a true and faithful account to the proper accounting officers of the Treasury of all moneys and properties which shall be received by him by virtue of his office during the said decennial census period. Such bond shall be filed in the office of the Secretary of the Treasury, to be by him put in suit upon any breach of the conditions thereof. ePal duingde-. SEC. 5. That during the decennial census period the Director, etc. annual compensation of the officials of the Census Office shall be as follows: The Director of the Census, seven thousand dollars; the private secretary to the Director, two thousand two hundred and fifty dollars; the Assistant Director, five thousand dollars; the chief statisticians,' three thousand dollars each; the chief clerk, two thou NONCONTIGUOUS TERRITORY AN D CUBA. 219 sand five hundred dollars; the disbursing clerk, two thousand eight hundred and seventy-five dollars; the appointment clerk, two thousand five hundred dollars; the geographer, two thousand five hundred dollars; the chiefs of division, two thousand dollars each; and the stenographers provided for in section three of this Act, one thousand eight hundred dollars each. SEC. 6. That in addition to the force hereinbefore pro- Additional em. vided for and to that already authorized by law there may be employed in the Census Office during the decennial census period, and no longer, as many clerks of classes four, three, two, and one; as many clerks, copyists, computers, and skilled laborers, with salaries at the rate of not less than six hundred dollars nor more than one thousand dollars per annum, and as many messengers, assistant messengers, messenger boys, watchmen, unskilled laborers, and charwomen, as may be found necessary for the proper and prompt performance of the duties herein required, these additional clerks and employees to be appointed by the Director of the Census: Appointment. Provided, That the total number of such additional clerks Limtation. of classes two, three, and four shall at no time exceed one hundred: And provided further, That employees engaged Mechanical dein the compilation or tabulation of statistics by the use of mechanical devices may be compensated on a piece-price basis to be fixed by the Director. SEC. 7. That the additional clerks and other employees Cal-serviceex provided for in section six shall be subject to such special test examination as the Director of the Census may prescribe, the said examination to be conducted by the United States Civil Service Commission, the examination to be open to all applicants without regard to political party affiliations, and such examination shall be held at such places in each State as may be designated by the Civil Service Commission. Copies of the eligible regis- cletiostas ters_ so established and the examination papers of all apportionment. eligibles shall be furnished the Director of the Census by the Civil Service Commission, and selections therefrom shall be made by the Director of the Census, in conformity with the law of apportionment as now provided for the classified service, in the order of rating: Provided, That Provamina hereafter all examinations of applicants for positions in tions hereafter to the government service, from any State or Territory, shall plicnstate o ap. be had in the State or Territory in which such applicant resides, and no person shall be eligible for such examination or appointment unless he or she shall have been actually domiciled in such State or Territory for at least one year previous to such examination: Provided, however, That no person afflicted with tuberculosis shall be ap- Tubrculosis pointed and that each applicant for appointment shall accompany his or her application with a certificate of health from some reputable physician: Provided, however, That in no instance shall more than one person be ap- Family limit. pointed from the same family: Provided, however, That pointmerts ap. 220 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. when the exigencies of the service require, the Director may appoint for temporary employment not exceeding sixty days' duration from the aforesaid list of eligibles those who, by reason of residence or other conditions, are immediately available; and may also appoint for not exceeding sixty days' duration, persons having had previous Mechanical op- experience in operating mechanical appliances in census work whose efficiency records in operating such appliances are satisfactory to him, and may accept such records Appolntm e n tin lieu of the civil service examination: And providedfjurof em p loyees with previous ex- ther, That employees in other branches of the departperience. mental classified service who have had previous experience in census work may be transferred without examination to the Census Office to serve during the whole or a part of the decennial census period, and at the end of such service the employees so transferred, shall be eligible to appointment to positions in any Department held by them at date of transfer to the Census Office, without examinavaeanenrces tion: And provided Jurther, That during the decennial census period and no longer the Director of the Census may fill vacancies in the permanent force of the Census Office by the promotion or transfer of clerks or other employees employed on the temporary force authorized by Terination at section six of this Act: And provided urther, That at the end of decennial period. expiration of the decennial census period the term of service of all employees so transferred and of all other temporary officers and employees appointed under the provisions of this Act shall terminate, and such officers and employees shall not be eligible to appointment or transfer into the classified service of the Government by virtue of their examination or appointment under this Act. Schedules. SEC. 8. That the Thirteenth Census shall be restricted to inquiries relating to population, to agriculture, to manufactures, and to mines and quarries. The schedules Population. relating to population shall include for each inhabitant the name, relationship to head of family, color, sex, age, conjugal condition, place of birth, place of birth of parents, number of years in the United States, citizenship, occupation, whether or not employer or employee, and, if employee, whether or not employed at the date of enumeration and the number of months unemployed during the preceding calendar year, whether or not engaged in agriculture, school attendance, literacy, and tenure of home and whether or not a survivor of the Union or Confederate Army or Navy; and the name and Defective, etc., address of each blind or deaf and dumb person; and for the enumeration of institutions, shall include paupers, prisoners, juvenile delinquents, insane, feeble-minded, blind, deaf and dumb, and inmates of benevolent institutions. griculture. The schedules relating to agriculture shall include name, color and country of birth of occupant of each farm, tenure, acreage of farm, acreage of woodland and NONCONTIGUOUS TERRITORY AND CUBA. 221 character of timber thereon, value of farm and improvements, value of farm implements, number and value of live stock on farimns and ranges, number and value of domestic animals not on farms and ranges, and the acreage of crops planted and to be planted during the year of enumeration, and the acreage of crops and the quantity and value of crops and other farm products for the year ending December thirty-first next preceding the enumeration. The schedules of inquiries relating to manufactures.Manufactures, and to mines and quarries shall include the name and res. location of each establishment; character of organization, whether individual, cooperative, or other form; character of business or kind of goods manufactured; amount of capital actually invested; number of proprietors, firm members, copartners, stockholders, and officers and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of materials used in manufactures; amount of miscellaneous expenses; quantity and value of products; time in operation during the census year; character and quantity of power used, and character and number of machines employed. The census of manufactures and of mines and quarries Period of enu shall relate to the year ending December thirty-first next preceding the enumeration of population and shall be confined to mines and quarries and manufacturing establishments which were in active operation during all or a portion of that year. The census of manufactures shall Factory sy s furthermore be confined to manufacturing establishments t conducted under what is known as the factory system, exclusive of the so-called neighborhood household and hand industries. The inquiry concerning manufactures shall cover the roTupentineand production of turpentine and rosin and the report concern- industry. ing this industry shall show in addition to the other facts covered by the regular schedule of manufactures, the quantity and quality of turpentine and rosin manufactured and marketed, the sources, methods, and extent of the industry. Whenever he shall deem it expedient, the Director of cialgnqirsoP the Census may charge the collection of these statistics upon special agents or upon detailed employees, to be employed without respect to locality. The form and subdivision of inquiries necessary to Form o ansecure the information under the foregoing topics shall qu be determined by the Director of the Census. SEC. 9. That the Director of the Census shall, at least SuPerisors to six months prior to the date fixed for commencing the enumeration at the Thirteenth and each succeeding decennial census, designate the number, whether one or more, of supervisors of census for each State and Territory, the District of Columbia, Alaska, and Porto Rico, and shall define the districts within which they are to act; 222 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. A askaand Ha- except that the Director of the Census, in his discretion, need not designate supervisors for Alaska and the Territory of Hawaii, but in lieu thereof may employ special Appointment, agents as hereinafter provided. The supervisors shall be appointed by the President, by and with the advice and Provoes. consent of the Senate: Provided, That the whole number Number. of supervisors shall not exceed three hundred and thirty: And providedfurther, That so far as practicable and desirDistrict bound- able the boundaries of the supervisors' districts shall conies. form to the boundaries of the congressional districts: And Acting super-provided further, That if in any supervisor's district the visors. supervisor has not been appointed and qualified ninety days preceding the date fixed for the commencement of the enumeration, or if any vacancy shall occur thereafter, either through death, removal, or resignation of the supervisor, or from any other cause, the Director of the Census may appoint a temporary supervisor or detail an employee of the Census Office to act as supervisor for that district. Duties of super- SEC. 10. That each supervisor of census shall be visors, charged with the performance, within his own district, of the following duties: To consult with the Director of the Census in regard to the division of his district into subdivisions most convenient for the purpose of the enumeration, which subdivisions or enumeration districts shall be defined and the boundaries thereof fixed by the Director of the Census; to designate to the Director suitable perEmployment, sons, and, with his consent, to employ such persons as etc., of enumerators. enumerators, one or more for each subdivision; to communicate to enumerators the necessary instructions and directions relating to their duties; to examine and scrutinize the returns of the enumerators, and in the event of discrepancies or deficiencies appearing in any of the said returns to use all diligence in causing the same to be corrected or supplied; to forward the completed returns of the enumerators to the Director at such time and in such Accounts. manner as shall be prescribed, and to make up and forward to the Director the accounts of each enumerator in his district for service rendered, which accounts shall be duly certified to by the enumerator, and the same shall be certified as true and correct, if so found, by the supervisor, and said accounts so certified shall be accepted and paid by the Director. The duties imposed upon the supervisor by this Act shall be performed in any and all particulars in accordance with the orders and instructions of the Director of the Census. Pay of super- SEC. 11. That each supervisor of the census shall, upon viors the completion of his duties to the satisfaction of the Director of the Census, receive the sum of one thousand five hundred dollars and, in addition thereto, one dollar for each thousand or majority fraction of a thousand of population enumerated in his district, such sums to be m full compensation for all services rendered and ex NONCONTIGUOUS TERRITORY AND CUBA. 223 penses incurred by him: Provided, tlhat of the above- Provyios. named compensation a sum not to exceed six hundred Advance dollars, in the discretion of the Director of the Census, may be paid to any supervisor prior to the completion of his duties in one or more payments, as the Director of the Census may determine: Providedfurther, That in emergencies arising in connection with the work Emergency exof preparation for, or during the progress of, the enumeration in his district, or in connection with the reenumeration of any subdivision, a supervisor may, in the discretion of the Director of the Census, be allowed actual and necessary traveling expenses and an allowance in lieu of subsistence not exceeding four dollars per day during his necessary absence from his usual place of residence: And provided further, That an appropriate allowance to lerkhire. supervisors for clerk hire may be made when deemed necessary by the Director of the Census. SEC. 12. That each enumerator shall be charged with Enumerators. the collection in his subdivision of the facts and statistics required by the population and agricultural schedules and such other schedules as the Director of the Census may determine shall be used by him in connection with the census, as provided in section eight of this Act. It shall Personal visits, be the duty of each enumerator to visit personally each dwelling house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of each family, or of the member thereof deemed most competent and trustworthy, or of such individual living out of a family, to obtain each and every item of information and all particulars required by this Act as of date April fifteenth of the year in which the enumeration shall be made; and in case no person shall be found at the usual place of abode of such family, or individual living out of a family, competent to answer the inquiries made in compliance with the requirements of this Act, then it shall be lawful for the enumerator to obtain the required information as nearly as may be practicable from families or persons living in the neighborhood of such place of abode. It shall be the scFoedwarding duty also of each enumerator to forward the original schedules, properly filled out and duly certified, to the supervisor of his district as his returns under the provisions of this Act; and in the event of discrepancies or deficiencies being discovered in these schedules he shall use all diligence in correcting or supplying the same. In ciSaatiurnof case an enumeration district embraces al or any part of any incorporated borough, village, town, or city, and also other territory not included within the limits of such incorporated borough, village, town, or city, it shall be the duty of the enumerator to clearly and plainly distinguish and separate, upon the population schedules, the inhabitants of such borough, village, town, or city from the inhabitants of the territory not included therein. No Quamolai. enumerator shall be deemed qualified to enter upon his 28872~-S. Doc. 306, 62-2-17 224 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. duties until he has received from the supervisor of the district to which he belongs a commission, signed by the supervisor, authorizing him to perform the duties of an emunerator, and setting forth the boundaries of the subdivision within which such duties are to be performed. disignsent of SEC. 13. That the territory assigned to each supervisor shall be divided into as many enumeration districts as may be necessary to carry out the purposes of this Act, and, in the discretion of the Director of the Census, two or more enumeration districts may be given to one enumerator, and the boundaries of all tile enumeration districts shall be clearly described by civil divisions, rivers, roads, public surveys, or other easily distinguishable lines: Prttionso Provided, That enumerators may be assigned for the speInstitutions. cial enumeration of institutions, when desirable, without reference to the number of inmates. Removal, etc., SEC. 14. That any supervisor of census may, with the approval of the Director of the Census, remove any enumerator in his district and fill the vacancy thus caused or Amending in- otherwise occurring. Whenever it shall appear that any portion of the census provided for in this Act has been negligently or improperly taken, and is by reason thereof incomplete or erroneous, the Director of the Census may cause such incomplete and unsatisfactory enumeration and census to be amended or made anew. Interpreters. SEC. 15. That the Director of the Census may authorize and direct supervisors of census to employ interpreters to assist the enumerators of their respective districts in the enumeration of persons not speaking the English language, but no authorization shall be given for such employment in any district until due and proper effort has been made to secure an enumerator who can speak the language or languages for which the services of an Pay. interpreter would otherwise be required. The compensation of such interpreters shall be fixed by the Director of the Census in advance, and shall not exceed five dollars per day for each day actually and necessarily employed. oPayof enumer- SEC. 16. That the compensation of enumerators shall Fixed rate. be determined by the Director of the Census as follows: In subdivisions where he shall deem such remuneration sufficient, an allowance of not less than two nor more than four cents for each inhabitant; not less than twenty nor more than thirty cents for each farm reported; ten cents for each barn and inclosure containing live stock not on farms, and not less than twenty nor more than thirty cents for each establishment of productive industry reported. In other subdivisions the Director of the Census Mixed rate. may fix a mixed rate of not less than one nor more than two dollars per day and, in addition, an allowance of not less than one nor more than three cents for each inhabitant.enumerated, and not less than fifteen nor more than twenty cents for each farm and each establishment of Per diem rates. productive industry reported. In other subdivisions per diem rates shall be fixed by the Director according to the NONCONTIGUOUS TERRITORY AND CUBA. 225 difficulty of enumeration, having special reference to the regions to be canvassed and the sparsity of settlement or other considerations pertinent thereto. The compensa- LIntatioD tion allowed to an enumerator in any such district shall be not less than three nor more than six dollars per day of eight hours actual field work, and no payment shall be made for time in excess of eight hours for any one day. The subdivisions or enumeration districts to which the Designation of several rates of compensation shall apply shall be designated by the Director of the Census at least two weeks in advance of the enumeration. No claim for mileage or t rveling end traveling expenses shall be allowed any enumerator in penses. either class of subdivisions, except in extreme cases, and then only when authority has been previously granted by the Director of the Census; and the decision of the Director as to the amount due any enumerator shall be final. SEC. 17. That in the event of the death of any super- se^rvies of dvisor or enumerator after his appointment and entrance ceased appointon his duties, the Director of the Census is authorized to ees' pay to his widow or his legal representative such sum as he may deem just and fair for the services rendered by such supervisor or enumerator. SEC. 18. That special agents may be appointed by the pecialgents. Director of the Census to carry out the provisions of this Act and of the Act to provide for a permanent Census Office approved March sixth, nineteen hundred and two, and Acts amendatory thereof or supplementary thereto. The special agents thus appointed shall have like author- Authority and ity with the enumerators in respect to the subjects committed to them under this Act, and shall receive compensation at rates to be fixed by the Director of the Census: Provided, That the same shall in no case exceed six dollars Proviso per day and actual necessary traveling expenses, and an allowance in lieu of subsistence not exceeding three dollars per day during necessary absence from their usual place of residence: Provided further, That no pay or allow- Restritios. ance in lieu of subsistence shall be allowed special agents when employed in the Census Office on other than the special work committed to them, and no appointments of special agents shall be made for clerical work: And provided further, That the Director of the Census shall iAid to superhave power, and is hereby authorized, to appoint specialors. agents to assist the supervisors whenever he may deem it proper, in connection with the work of preparation for, or durmg the progress of, the enumeration or in connection with the reenumeration of any district or a part thereof; or he may, in his discretion, employ for this purpose any force. of the permanent or temporary employees of the Census Office: And provided further, That the Director of the Piecework. Census may, in his discretion, fix the compensation of special agents on a piece-price basis. SEC. 19. That every supervisor, supervisor's clerk, Oath enumerator, interpreter, special agent, or other employee shall take and subscribe to an oath or affirmation, to be 226 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Appointments, prescribed by the Director of the Census. All appointetc., solely for fitness. ees and employees provided for in this Act shall be appointed or employed, and examined, if examination is required by this Act, solely with reference to their fitness to perform the duties required of them by the provisions of this Act, and without reference to their political party affiliations. mCentand c e- SEC. 20. That the enumeration of the population pletion of enu- required by section one of this Act shall be taken as of the meration. fifteenth day of April; and it shall be the duty of each enumerator to commence the enumeration of his district on that day, unless the Director of the Census in his discretion shall defer the enumeration in said district by reason of climatic or other conditions which would materially interfere with the proper conduct of the work; but in any event it shall be the duty of each enumerator to prepare the returns hereinbefore required to be made, Defective, etc., except those relating to paupers, prisoners, juvenile delinquents, insane, feeble-minded, blind, deaf and dumb, and inmates of benevolent institutions, and to forward the same to the supervisor of his district, within thirty days from the commencement of the enumeration of his disProvfio. trict: Provided, That in any city having five thousand Cities. inhabitants or more under the preceding census the enumeration of the population shall be commenced on the fifteenth day of April aforesaid and shall be completed within two weeks thereafter. rePivingfet for SEC. 21. That if any person shall receive or secure to appointments, himself any fee, reward, or compensation as a consideraetc. tion for the appointment or employment of any person as supervisor, enumerator or clerk or other employee, or shall in any way receive or secure to himself any part of the compensation paid to any supervisor, enumerator or clerk or other employee, he shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not more than three thousand dollars and be imprisoned not more than five years. Offenses by em- SEC. 22. That any supervisor, supervisor's clerk, Penaltyforneg- enumerator, interpreter, special agent, or other employee, ect, etc. who, having taken and subscribed the oath of office required by this Act, shall, without justifiable cause, neglect or refuse to perform the duties enjoined on him by this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding Unauthorized five hundred dollars; or if he shall, without the authority ofinformation. of the Director of the Census, publish or communicate any informatiqn coming into his possession by reason of his employment under the provisions of this Act, or the Act to provide for a permanent Census Office, or Acts amendatory thereof or supplemental thereto, he shall be guilty of a misdemeanor and shall upon conviction thereof be fined not to exceed one thousand dollars, or be imprisoned not to exceed two years, or both so fined and NONCONTIGUOUS TERRITORY AND CUBA. 227 imprisoned, in the discretion of the court; or if he shall False swearing. willfully and knowingly swear to or affirm falsely, he shall be deemed guilty of perjury, and upon conviction thereof shall be imprisoned not exceding five years and be fined not exceeding two thousand dollars; or if he shall False returns. willfully and knowingly make a false certificate or a fictitious return, he shall be guilty of a misdemeanor, and upon conviction of either of the last-named offenses he shall be fined not exceeding two thousand dollars and be imprisoned not exceeding five years; or if any person who False informais or has been an enumerator shall knowingly or willfully tion by enumerafurnish, or cause to be furnished, directly or indirectly, to the Director of the Census, or to any supervisor of the census, any false statement or false information with reference to any inquiry for which he was authorized and required to collect information, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding two thousand dollars and be imprisoned not exceeding five years. SEC. 23. That it shall be the duty of all persons over Penalty for refusing, etc., intwenty-one years of age when requested by the Director formation to offof the Census, or by any supervisor, enumerator, orcials special agent, or other employee of the Census Office, acting under the instructions of the said Director, to answer correctly, to the best of their knowledge, all questions on the census schedules applying to themselves and to the family to which they belong or are related, and to the farm or farms of which they or their families are the occupants; and any person ovei twenty-one years of age who, under the conditions hereinbefore stated, shall refuse or willfully neglect to answer any of these questions, or shall willfully give answers that are false, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding one hundred dollars. And it shall be the duty of every owner, proprietor, Ifrnformation yfrom hotels, etc. manager, superintendent, or agent of a hotel, apartment house, boarding or lodging house, tenement, or other building, when requested by the Director of the Census, or by any supervisor, enumerator, special agent, or other employee of the Census Office, acting under the instructions of the said Director, to furnish the names of the occupants of said hotel, apartment house, boarding or lodging house, tenement, or other building, and to give thereto free ingress and egress to any duly accredited representative of the Census Office, so as to permit of the collection of statistics for census purposes including the proper and correct enumeration of all persons having their usual place of abode in said hotel, apartment house, boarding or lodging house, tenement, or other building; fuPenalty for and any owner, proprietor, manager, superintendent, or agent of a hotel, apartment house, boarding or lodging house, tenement, or other building who shall refuse or willfully neglect to give such information or assistance 228 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. under the conditions hereinbefore stated shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding five hundred dollars. rInform attoies SEC. 24. And it shall be the duty of every owner, presimines, quarries, dent, treasurer, secretary, director, or other officer or agent etc of any manufacturing establishment, mine, quarry, or other establishment of productive industry, whether conducted as a corporation, firm, limited liability company, or by private individuals, when requested by the Director of the Census or by any supervisor, enumerator, special agent, or other employee of the Census Office acting under the instructions of the said Director, to answer completely and correctly to the best of his knowledge all questions on any census schedule applying to such estaboPufiscesr lishment; and any owner, president, secretary, director, ing, etc. or other officer or agent of any manufacturing establishment, mine, quarry, or other establishment of productive industry, who under the conditions hereinbefore stated shall refuse or willfully neglect to answer any of these questions, or shall willfully give answers that are false, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten thousand dollars, or imprisoned for a period not exceeding one year, or both so fined and imprisoned, at the discretion of the court. The provisions of this section shall also apply to the collection of the information required and authorized by the Act entitled "An Act to provide for a permanent Census Office," and by Acts amendatory thereof or supplemental thereto. * tseionly for SEC. 25. That the information furnished under the statistical purposes. provisions of the next preceding section shall be used only for the statistical purposes for which it is supplied. No Restaction on publication shall be made by the Census Office whereby p t he data furnished by any particular establishment can be identified, nor shall the Director of the Census permit anyone other than the sworn employees of the Census Office to examine the individual reports. Enlforement oe SEC. 26. That all fines and penalties imposed by this Act may be enforced by indictment or information in any court of competent jurisdiction. eontingent, SEC. 27. That the Director of the Census may authorize the expenditure of necessary sums for the actual and necessary traveling expenses of the officers and employees of the Census Office, including an allowance in lieu of subsistence not exceeding four dollars per day during their necessary absence from the Census Office, or, instead of such an allowance, their actual subsistence expenses, not exceeding five dollars per day; and he may authorize the incidental, miscellaneous, and contingent expenses necessary for the carrying out of this Act, as herein provided, and not otherwise, including advertising in newspapers, the purchase of manuscripts, books of reference and periodicals, the rental of sufficient quarters in the District of Columbia or elsewhere and the furnishing NONCONTIGUOUS TERRITORY AND CUBA. 229 thereof, and expenditures necessary for the compiling, printing, publishing, and distributing the results of the census, and purchase of necessary paper and other supplies, the purchase, rental, construction, and repair of mechanical appliances, the compensation of such permanent and temporary clerks as may be employed under the provisions of this Act and the Act establishing the permanent Census Office and Acts amendatory thereof or supplemental thereto, and all other expenses incurred under authority conveyed in this Act. SEC. 28. That the Director of the Census is hereby ePrntinrms, authorized to make requisition upon the Public Printer for such printing as may be necessary to carry out the provisions of this Act, to wit: Blanks, schedules, circu- poBulletins r lars, pamphlets, envelopes, work sheets, and other items of miscellaneous printing; that he is further authorized to have printed by the Public Printer, in such editions as the Director may deem necessary, preliminary and other Census bulletins, and final reports of the results of the several investigations authorized by this Act, or by the Act to establish a permanent Census Office and Acts amendatory thereof or supplemental thereto, and to publish and distribute said bulletins and reports. SEC. 29. That all mail matter, of whatever class, relat- be Maratte to ing to the census and addressed to the Census Office, or to any official thereof, and indorsed "Official business, Census Office," shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided, Povio. fr That if any person shall make use of such indorsement to lawful use of avoid the payment of postage or registry fee on his orfnk her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction. SEC. 30. That the Secretary of Commerce and Labor, fr orm dion whenever he may deem it advisable, or on request of the ments,etc. Director of the Census, is hereby authorized to call upon any other department or office of the Government for information pertinent to the work herein provided for. SEC. 31. That there shall be in the year nineteen hun- ceuAisu1tUrad dred and fifteen, and once every ten years thereafter, a every ten years. census of agriculture and live stock, which shall show the acreage of farm land, the acreage of the principal crops, and the number and value of domestic animals on the farms and ranges of the country. The schedule employed in this census shall be prepared by the Director of the Census. Such census shall be taken as of October first, and shall relate to the current year. The Director of the Officials auCensus may appoint enumerators or special agents for the purpose of this census, in accordance with the provisions of the permanent Census Act. SEC. 32. That the Director of the Census is hereby ctuoPs of authorized, at his discretion, upon the written request of courts,etc. the governor of any State or Territory, or of a court of 230 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. record, to furnish such governor or court of record with certified copies of so much of the population or agriculGenealog i c a tural returns as may be requested, upon the payment of the actual cost of making such copies, and one dollar additional for certification; and that the Director of the Census is further authorized, in his discretion, to furnish to individuals such data from the population schedules as may be desired for genealogical or other proper purposes, upon payment of the actual cost of searching Disposal of re-the records and one dollar for supplying a certificate; and the amounts so received shall be covered into the Treasury of the United States, to be placed to the credit of, and in addition to, the appropriations made for taking the census. Lt aws con- SEC. 33. That the Act establishing the permanent Census Office, approved March sixth, nineteen hundred and two, and Acts amendatory thereof and supplemental thereto, except as herein amended, shall remain in full Inconsi s t e t force. That the Act entitled "An Act to provide for taking the Twelfth and subsequent censuses," approved March third, eighteen hundred and ninety-nine, and all other laws and parts of laws inconsistent with the provisions of this Act are hereby repealed. Aug. 5,1909. CHAP. 6.-An Act To provide revenue, equalize duties and encour[H. R. 1438.1 age the industries of the United States, and for other purposes. [Public, No. 5.] 36 Stat. L., pt. Be it enacted by the Senate and House oj Representatives p. 11. Of the United States of America in Congress assembled, Tariff of 1909. That on and after the day following the passage of this Act, except as otherwise specially provided for in the R.S., sec. 2504. second section of this Act, there shall be levied, collected, and paid upon all articles when imported from any foreign country into the United States or into any of GamlipandnT its possessions (except the Philippine Islands and the tuila excepted. islands of Guam and Futuila) the rates of duty which are by the schedules and paragraphs of the dutiable list of this section prescribed, namely: Dutiable list. DUTIABLE LIST. SCHEDULE A. SCHEDULE A. —CHEMICALS, OILS, AND PAINTS. Chemicals, oils, 1. ACIDS: Acetic or pyroligneous acid, not exceeding Adds. the specific gravity of one and forty-seven one-thousandths, three-fourths of one cent per pound; exceeding the specific gravity of one and forty-seven one-thousandths, two cents per pound; acetic anhydrid, two and one-half cents per pound; boracic acid, three cents per pound; chromic acid, two cents per pound; citric acid, seven cents per pound; lactic acid, containing not over forty per centum by weight of actual lactic acid, two NONCONTIGUOUS TERRITORY AND CUBA. 231 cents per pound; containing over forty per centum by weight of actual lactic acid, three cents per pound; oxalic acid, two cents per pound; salicylic acid, five cents per pound; sulphuric acid or oil of vitriol not specially provided for in this section, one-fourth of one cent per pound; tannic acid or tannin, thirty-five cents per pound; gallic acid, eight cents per pound; tartaric acid, fve cents per pound; all other acids not specially provided for in is section, twenty-five per centum ad valorem. 2. Alcoholic compounds, including all articles consist- Alcoholic com ing of vegetable, animal or mineral objects immersed or placed in, or saturated with, alcohol, not specially provided for in this section, sixty cents per pound and twentyfive per centum ad valorem. 3. Alkalies, alkaloids, distilled oils, essential oils, ex- Alkalies, et. pressed oils, rendered oils, and all combinations of the foregoing, and all chemical compounds, mixtures and salts, and all greases, not specially provided for in this section, twenty-five per centum ad valorem; chemical compounds, mixtures and salts containing alcohol or in the preparation of which alcohol is used, and not specially provided for in this section, fifty-five cents per pound, but in no case shall any of the foregoing pay less than twenty-five per centum ad valorem. 4. Alumina, hydrate of, or refined bauxite, containing not more than sixty-four per centum of alumina, fourtenths of one cent per pound; containing more than sixtyfour per centum of alumina, six-tenths of one cent per pound. Alum, alum cake, patent alum, sulphate of alumina, and aluminous cake, containing not more than fifteen per centum of alumina and more than three-tenths of one per centum of iron oxide, one-fourth of one cent per pound; alum, alum cake, patent alum, sulphate of alumina, and aluminous cake, containing more than fifteen per centum of alumina, or not more than threetenths of one per centum of iron oxide, three-eighths of one cent per-pound. 5. Ammonia, carbonate of, one and one-half cents per pound; muriate of, or sal ammoniac, three-fourths of one cent per pound; liquid anhydrous, five cents per pound. 6. Argols or crude tartar or wine lees crude, five per centum ad valorem; tartars and lees crystals, or partly refined argols, containing not more than ninety per centum of bitartrate of potash, and tartrate of soda or potassa, or Rochelle salts, three cents per pound; containing more than ninety per centum of bitartrate of potash, four cents per pound; cream of tartar and patent tartar, five cents per pound. 7. Blacking of all kinds, twenty-five per centum ad valorem; all creams and preparations for cleaning or polishing boots and shoes, twenty-five per centum ad valorem. 232 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 8. Bleaching powder, or chloride of lime, one-fifth of one cent per pound. 9. Blue vitriol or sulphate of copper, one-fourth of one cent per pound. 10. Charcoal in any form, not specially provided for in this Act; bone char, suitable for use in decolorizing sugars, and blood char, twenty per centum ad valorem. 11. Borax, two cents per pound; borates of lime, soda, or other borate material not otherwise provided for in this section, two cents per pound. 12. Camphor, refined, and synthetic camphor, six cents per pound. 13. Chalk, when ground, bolted, precipitated naturally or artificially, or otherwise prepared, whether in the form of cubes, blocks, sticks, or disks, or otherwise, including tailors', billiard, red, or French chalk, one cent per pound; manufactures of chalk not specially provided for in this section, twenty-five per centum ad valorem. 14. Chloroform, ten cents per pound. coal-tar prod 15. Coal-tar dyes or colors, not specially provided for in this section, thirty per centum ad valorem; all other products or preparations of coal tar, not colors or dyes and not medicinal, not specially provided for in this section, twenty per centum ad valorem. 16. Cobalt, oxide of, twenty-five cents per pound. Collodion, etc 17. Collodion and all compounds of pyroxylin or of other cellulose esters, whether known as celluloid or by any othername, forty cents per pound; if in blocks, sheets, rods, tubes, or other forms, not polished, wholly or partly, and not made up into finished or partly finished articles, forty-five cents per pound; if polished, wholly or partly, or if in finished or partly finished articles, except movingpicture films, of which collodion or any compound of pyroxylin or of other cellulose esters, by whatever name known, is the component material of chief value, sixtyfive cents per pound and thirty per centum ad valorem. 18. Coloring for brandy, wine, beer, or other liquors, fifty per centum ad valorem. 19. Copperas, or sulphate of iron, fifteen hundredths of one cent per pound. Drugs. 20. Drugs, such as barks, beans, berries, balsams, buds, bulbs, bulbous roots, excrescences, fruits, flowers, dried fibers, dried insects; grains, gums and gum resin, herbs, leaves, lichens, mosses, nuts, nutgalls, roots, stems, spices, vegetables, seeds (aromatic, not garden seeds), seeds of morbid growth, weeds, and woods used expressly for dyeing or tanning; any of the foregoing which are natural and uncompounded drugs and not edible, and not specially provided for in this section, but which are advanced in value or condition by any process or treatment whatever beyond that essential to the proper packing of the drugs and the prevention of decay or deterioration pending manufacture, one-fourth of one cent per pound, NONCONTIGUOUS TERRITOfY AND CUBA. 233 and in addition thereto ten per centum ad valorem: Provided, That no article containing alcohol, or in the Provio Alcohol prepa, preparation of which alcohol is used, shall be classified rations excluded. for duty under this paragraph. 21. Ethers: Sulphuric, eight cents per pound; spirits Ethers of nitrous ether, twenty cents per pound; fruit ethers, oils, or essences, one dollar per pound; ethers of all kinds not specially provided for in this section, fifty cents per pound; ethyl chloride, thirty per centum ad valorem: Provided, That no article of this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 22. Extracts and decoctions of logwood and other dye- Dyeing and tanning extracts, woods, and extracts of bark, such as are commonly used etc. for dyeing or tanning, not specially provided for in this section, seven-eighths of one cent per pound; extract of nutgalls, aqueous, one-fourth of one cent per pound and ten per centum ad valorem; extract of Persian berries, twenty per centum ad valorem; chlorophyll, twenty per centum ad valorem; extracts of quebracho, not exceeding in density twenty-eight degrees Baum6, one-half of one cent per pound; exceeding in density twenty-eight degrees Baum6, three-fourths of one cent per pound; extracts of hemlock bark, one-half of one cent per pound; extracts of sumac, and of woods other than dyewoods, not specially provided for in this section, five-eighths of one cent per pound; all extracts of vegetable origin suitable for dyeing, coloring, staining or tanning, not containing alcohol and not medicinal, and not specially provided for in this section, fifteen per centum ad valorem. 23. Gelatin, glue, isinglass or fish glue, including agar- Gelatin. agar or Japanese isinglass, and all fish bladders and fish sounds other than crude or dried or salted for preservation only, valued at not above ten cents per pound, two and one-half cents per pound; valued at above ten cents per pound and not above thirty-five cents per pound, twenty-five per centum ad valorem; valued above thirtyfive cents per pound, fifteen cents per pound and twenty per centum ad valorem; gelatin in sheets, emulsions, and all manufactures of gelatin, or of which gelatin is the component material of chief value, not specially provided for in this section, thirty-five per centum ad valorem; glue size, twenty-five per centum ad valorem. 24. Glycerin, crude, not purified, one cent per pound; refined, three cents per pound. 25. Indigo extracts or pastes, three-fourths of one cent per pound; indigo, carmined, ten cents per pound. 26. Ink and ink powders, twenty-five per centum ad valorem. 27. Iodine, resublimed, twenty cents per pound. 28. Iodoform, seventy-five cents per pound. 29. Licorice, extracts of, in paste, rolls, or other forms, two and one-half cents per pound. 30. Chicle, ten cents per pound. 234 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 31. Magnesia and carbonate of, medicinal, three cents per pound; calcined, medicinal, seven cents per pound; sulphate of, or Epsom salts, one-fifth of one cent per pound. cCstor-oil prod- 32. Alizarin assistant, sulpho-ricinoleic acid, and ricinoleic acid, and soaps containing castor oil, any of the foregoing in whatever form, in the manufacture of which fifty per centum or more of castor oil is used, thirty cents per gallon; in the manufacture of which less than fifty per centum of castor oil is used, fifteen cents per gallon; all other alizarin assistants and all soluble greases used in processes of softening, dyeing or finishing, not specially provided for in this section, thirty per centum ad valorem. Oils. 33. Castor oil, thirty-five cents per gallon. 34. Cod-liver oil, fifteen cents per gallon. 35. Flaxseed, linseed, and poppy-seed oil, raw, boiled, or oxidized, fifteen cents per gallon of seven and one-half pounds weight. 36. Fusel oil, or amylic alcohol, one-fourth of one cent per pound. 37. Hemp-seed oil, ten cents per gallon; rape-seed oil, ten cents per gallon. 38. Olive oil, not specially provided for in this section, forty cents per gallon; in bottles, jars, kegs, tins, or other packages, containing less than five gallons each, fifty cents per gallon. 39. Peppermint oil, twenty-five cents per pound. 40. Seal, herring, whale, and other fish oil including sod oil, not specially provided for in this section, eight cents per gallon. pium. 41. Opium, crude or unmanufactured, and not adulterated, containing nine per centum and over of morphia, one dollar and fifty cents per pound; opium of the same composition, dried, powered, or otherwise advanced beyond the condition of crude or unmanufactured, two dollars per pound; morphia or morphine, sulphate of, and all alkaloids of opium, and salts and esters thereof, one dollar and fifty cents per ounce; cocaine, ecgoriine, and all salts and derivatives of the same, one dollar and fifty cents per ounce; coca leaves, five cents per pound; aqueous extract of opium, for medicinal uses, and tincture of, as laudanum, and other liquid preparations of opium, not specially provided for in this section, forty per centum ad valorem; opium containing less than nine per centum of morphia, six dollars per pound; but preparations of opium deposited in bonded warehouses shall not be removed therefrom without payment of duties, and such Provsitsonot duties shall not be refunded: Provided, That nothing effected. herein contained shall be so construed as to repeal or in any manner impair or affect the provisions of an Act entitled "AnAct to prohibit the importation and use of opium for other than medicinal purposes," approved February ninth, nineteen hundred and nine. NONCONTIGUOUS TERRITORY AND CUBA. 235 42 Baryta, sulphate of, or barytes, including barytes Colorsearth, unmanufactured, one dollar and fifty cents per ton; manufactured, five dollars and twenty-five cents per ton. 43. Blues, such as Berlin, Prussian, Chinese, and all others, containing ferrocyanide of iron, in pulp, dry or ground in or mixed with oil or water, eight cents per pound. 44. Blanc-fixe, or artificial sulphate of barytes, and satin white, or artificial sulphate of lime, one-half of one cent per pound. 45. Black, made from bone, ivory, or vegetable substance, by whatever name known, including boneblack and lampblack, dry or ground in oil or water, twenty-five per centum ad valorem. 46. Chrome yellow, chrome green, and all other chromium colors in the manufacture of which lead and bichromate of potash or soda are used, in pulp, dry, or ground in or mixed with oil or water, four and threeeighths cents per pound. 47. Ocher and ochery earths, sienna and sienna earths, and umber and umber earths, not specially provided for in this section, when crude or not powdered, washed or pulverized, one-eighth of one cent per pound; if powdered, washed or pulverized, three-eighths of one cent per pound; if ground in oil or water, one cent per pound. 48. Orange mineral, three and one-fourth cents per pound. 49. Red lead, two and five-eighths cents per pound. 50. Ultramarine blue, whether dry, in pulp, or mixed with water, and wash blue containing ultramarine, three cents per pound.. 51. Varnishes, including so-called gold size or japan, Varnishe& twenty-five per centum ad valorem; enamel paints made with varnish, thirty-five per centum ad valorem; spirit varnish containing five per centum or more of methyl alcohol, thirty-five cents per gallon and thirty-five per centum ad valorem; spirit varnish containing less than five per centum of methyl alcohol, one dollar and thirtyfive per centum ad valorem. 52. Vermilion reds, containing quicksilver, dry or ground in oil or water, ten cents per pound; when not containing quicksilver but made of lead or containing lead, four and seven-eighths cents per pound. 53. White lead, and white pigment containing lead, dry or in pulp, or ground or mixed with oil, two and one-half cents pound. 54. Whiting and Paris white, dry, one-fourth of one cent per pound; ground in oil, or putty, one-half of one cent per pound. 55. Zinc, oxide of, and white pigment containing zinc, but not containing lead, dry, one cent per pound; ground in oil, one and three-fourths cents per pound; sulfid of zinc white, or white sulphide of zinc, one and one-fourth 236 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. cents per pound; chloride of zinc and sulphate of zinc, one cent per pound. Paints, etc. 56. All paints, colors, pigments, stains, lakes, crayons, including charcoal crayons or fusains, smalts and frostings, whether crude or dry or mixed, or ground with water or oil or with solutions other than oi, not otherwise specially' provided for in this section, thirty per centum ad valorem; all glazes, fluxes, enamels, and colors used only in the manufacture of ceramic, enameled, and glass articles, thirty per centum ad valorem; all paints, colors, and pigments, commonly known as artists' paints or colors, whether in tubes, pans, cakes or other forms, thirty per centum ad valorem. 57. Paris green, and London purple, fifteen per centumrn ad valorem. 58. Lead: Acetate of, white, three cents per pound; brown, gray, or yellow, two cents per pound; nitrate of, two and one-fourth cents per pound; litharge, two and one-half cents per pound. 59. Phosphorus, eighteen cents per pound. Potash. 60. Bichromate and chromate of potash, two and onefourth cents per pound. 61. Caustic potash, or hydrate of, refined, in sticks or rolls, one cent per pound; chlorate of, two cents per pound. 62. Hydriodate, iodide, and iodate of potash, twentyfive cents per pound. 63. Nitrate of potash, or saltpeter, refined, onehalf of one cent per pound. 64. Prussiate of potash, red, eight cents per pound; yellow, four cents per pound; cyanide of potassium, twelve and one-half per centum ad valorem. Alcoholic me- 65. Medicinal preparations containing alcohol or in dicinal preparations. the preparation of which alcohol is used, not specially provided for in this section, fifty-five cents per pound, but in no case shall the same pay less than twenty-five per centum ad valorem; calomel, corrosive sublimate, and other mercurial medicinal preparations, thirty-five per centum ad valorem; all other medicinal preparations not specially provided for in this section, twentyrovismum five per centum ad valorem: Provided, That chemicals, rates, capsules, drugs, medicinal and similar substances, whether dutietc. able or free, imported in capsules, pills, tablets, lozenges, troches, or similar forms, and intended for medicinal purposes, shall be dutiable at not less than the rate imposed by this section on medicinal preparations. 66. Plasters, healing or curative, of all kinds, and courtplaster, twenty-five per centum ad valorem. Perfumery. 67. Perfumery, including cologne and other toilet waters, articles of perfumery, whether in sachets or otherwise, and all preparations used as applications to the hair, mouth, teeth, or skin, such as cosmetics, dentifrices, including tooth soaps, pastes, including theatrical grease paints and pastes, pomades, powders, and other NONCONTIGUOUS TERRITORY AND CUBA. 237 toilet articles, all the foregoing; if containing alcohol, or in the manufacture or preparation of which alcohol is used, sixty cents per pound and fifty per centum ad valorem; if not containing alcohol, or in the manufacture or preparation of which alcohol is not used, sixty per centum ad valorem; floral or flower waters containing no alcohol, not spoeially provided for in this section, twenty per centum ad valorem. 68. Santonin, and all salts thereof containing eighty per centum or c ver of.santonin, fifty cents per pound. 69. Castile soap, one and one-fourth cents per pound; Soap. medicinal or medicated soaps, twenty cents per pound; fancy or perfumed toilet soaps, fifty per centum ad valorem; all other soaps not specially provided for in this section, twenty per centum ad valorem. 70. Bicarbonate of soda, or supercarbonate of soda, Soda. or saleratus, and other alkalies containing fifty per centum or more of bicarbonate of soda, five-eighths of one cent per pound. 71. Bichromate and chromate of soda, one and threefourths cents per pound. 72. Crystal carbonate of soda, or concentrated soda crystals, or monohydrate, or sesquicarbonate of soda, one-fourth of one cent per pound; chlorate of soda, one and one-half cents per pound. 73. Hydrate of, or caustic soda, one-half of one cent per pound; nitrite of soda and yellow prussiate of soda, two cents per pound; sulphide of soda containing not more than thirty-five per centum of sulphide of soda, and hyposulphite of soda, three-eighths of one cent per pound; sulphide of soda, concentrated, or containing more than thirty-five per centum of sulphide of soda, three-fourths of one cent per pound. 74. Sal soda, or soda crystals, not concentrated, onesixth of one cent per pound. 75. Soda ash, one-fourth of one cent per pound; arseniate of soda, one cent per pound. 76. Silicate of soda, or other alkaline silicate, threeeighths of one cent per pound. 77. Sulphate of soda, or salt cake, or niter cake, one dollar per ton. 78. Moss and sea grass, eel grass, and seaweeds, if manufactured or dyed, ten per centum ad valorem. 79. Sponges, twenty per centum ad valorem; manufactures of sponges, or of which sponge is the component material of chief value, not specially provided for in this section, thirty per centum ad valorem. 80. Strychnia, or strychnine, and all salts thereof, fifteen cents per ounce. 81. Sulphur, refined or sublimed, or flowers of, four dollars per ton. 82. Sumac, ground, three-tenths of one cent per pound. 83. Vanillin, twenty cents per ounce. 238 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SCHEDULaF h SCHEDULE B.-EARTHS, EARTHENWARE, AND GLASSenware, and glass- WARE. ware. Brick. 84. Fire-brick, weighing not more than ten pounds each, not glazed, enameled, ornamented, or decorated in any manner, one dollar and twenty-five cents per ton; glazed, enameled, ornamented, or decorated, thirty-five per centum ad valorem; weighing more than ten pounds each and not specially provided for in this section, not glazed, enameled, ornamented, or decorated in any manner, thirty per centum ad valorem; glazed, enameled, ornamented, or decorated, thirty-five per centum ad valorem; magnesite brick, chrome brick, and brick other than fire-brick, not glazed, enameled, painted, vitrified, ornamented, or decorated in any manner, twenty-five per centum ad valorem; if glazed, enameled, painted, vitrified, ornamented, or decorated in any manner, thirty-five per centum ad valorem. Tiles. 85. Tiles, plain unglazed, one color, exceeding two square inches in size, four cents per square foot; glazed, encaustic, ceramic mosaic, vitrified, semivitrified, flint, spar, embossed, enameled, ornamented, hand painted, gold decorated, and all other earthenware tiles and tiling, by whatever name known, except pill tiles and so-called quarries or quarry tiles, valued at not exceeding forty cents per square foot, eight cents per square foot; exceeding forty cents per square foot, ten cents per square foot and twenty-five per centum ad valorem; so-called quarries or quarry tiles, forty-five per centum ad valorem; mantels, friezes, and articles of every description, composed wholly or in chief value of tiles or tiling, sixty per centum ad valorem. Cement. 86. Roman, Portland, and other hydraulic cement, in barrels, sacks, or other packages, eight cents per one hundred pounds, including weight of barrel or package; in bulk, seven cents per one hundred pounds; other cement, not otherwise specially provided for in this section, twenty per centum ad valorem. 87. Lime, five cents per one hundred pounds, including weight of barrel or package. aGpsum. 88. Plaster rock or gypsum, crude, thirty cents per ton; if ground or calcined, one dollar and seventy-five cents per ton; pearl hardening for paper makers' use, twenty per centum ad valorem; Keene's cement, or other cement of which gypsum is the component material of chief value, if valued at ten dollars per ton or less, three dollars and fifty cents per ton; if valued above ten dollars and not above fifteen dollars per ton, five dollars per ton; if valued above fifteen dollars and not above thirty dollars per ton, ten dollars per ton; if valued above thirty dollars per ton, fourteen dollars per ton. Pumicestone. 89. Pumice stone, wholly or partially manufactured, three-eighths of one cent per pound; unmanufactured, valued at fifteen dollars or less per ton, thirty per cen NONCONTIGUOUS TERRITORY AND CUBA. 239 turn ad valorem; valued at more than fifteen dollars per ton, one-fourth of one cent per pound; manufactures of pumice stone or of which pumice stone is the component material of chief value not specially provided for m this section, thirty-five per centurn ad valorem. 90. Clays or earths, unwrought or unmanufactured, Clays or earths. not specially provided for in this section, one dollar per ton; wrought or manufactured, not specially provided for in this section, two dollars per ton; china clay or kaolin, two dollars and fifty cents per ton; limestone rock asphalt, fifty cents per ton; asphaltum and bitumen, not specially provided for in this section, crude, if not dried, or otherwise advanced in any manner, one dollar and fifty cents per ton; if dried or otherwise advanced in any manner, three dollars per ton; bauxite, or beauxite, crude, not refined or otherwise advanced in condition from its natural state, one dollar per ton; fuller's earth, unwrought and unmanufactured, one dollar and fifty cents per ton; wrought or manufactured, three dollars per ton; fluor spar, three dollars per ton. 91. Mica, unmanufactured, or rough trimmed only, Mica. five cents per pound and twenty per centum ad valorem; mica, cut or trimmed, mica plates or built-up mica, and all manufactures of mica or of which mica is the component material of chief value, ten cents per pound and twenty per centum ad valorem. 92. Common yellow, brown, or gray earthenware, Eantheenware plain, embossed, or salt-glazed common stoneware, and earthenware or stoneware crucibles, all the foregoing not decorated in any manner, twenty-five per centurn ad valorem; yellow earthenware, plain or embossed, coated with white or transparent vitreous glaze but not otherwise ornamented or decorated, and Rockingham earthenware, forty per centum ad valorem. 93. China, porcelain, parian, bisque, earthen, stone and Chinaware,etc. crockery ware, including clock cases with or without movements, pill. tiles, plaques, ornaments, toys, charms, vases, statues, statuettes, mugs, cups, steins, and lamps, all the foregoing wholly or in chief value of such ware; painted, colored, tinted, stained, enameled, gilded, printed, or ornamented or decorated in any manner; and manufactures in chief value of such ware not specially provided for in this section, sixty per centum ad valorem. 94. China, porcelain, parian, bisque, earthen, stone and crockery ware, plain white, plain brown, including clock cases with or without movements, pill tiles, plaques, ornaments, toys, charms, vases, statues, statuettes, mugs, cups, steins, and lamps, all the foregoing wholly or in chief value of such ware, not painted, colored, tinted, stained, enameled, gilded, printed, or ornamented or decorated in any manner; and manufactures in chief value of such ware not specially provided for in this section, fiftyfive per centum ad valorem. 28872~-S. Doc. 306, 62-2-18 240 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Article- not 95. Articles and wares composed wholly or in chief value of earthy or mineral substances, not specially provided for in this section, whether susceptible of decoration or not, if not decorated in any manner, thirty-five per centum ad valorem; if decorated, forty-five per centum ad valorem; carbon, not specially provided for in this section, twenty per centum ad valorem; electrodes, brushes, plates, and disks, all the foregoing composed wholly or in chief value of carbon, thirty per centum ad valorem. bRetots, car- 96. Gas retorts, twenty per centum ad valorem; lava tips for burners, ten cents per gross and fifteen per centum ad valorem; carbons for electric lighting, wholly or partly finished, made entirely from petroleum coke, thirty-five cents per hundred feet; if composed chiefly of lampblack or retort carbon, sixty-five cents per hundred feet; filter tubes, thirty-five per centum ad valorem; porous carbon pots for electric batteries, without metallic connections, twenty per centum ad valorem. Bottles, etc. 97. Plain green or colored, molded or pressed, and flint, lime, or lead glass bottles, vials, jars, and covered or uncovered demijohns, and carboys, any of the foregoing, filled or unfilled, not otherwise specially provided for in this section, and whether their contents be dutiable or free (except such as contain merchandise subject to an ad valorem rate of duty, or to a rate of duty based in whole or in part upon the value thereof which shall be dutiable at the rate applicable to their contents), shall pay duty as follows: If holding more than one pint, one cent per pound; if holding not more than one pint and not less than onefourth of a pint, one and one-half cents per pound; if holding less than one-fourth of a pint, fifty cents per gross: Minimum. Provided, That none of the above articles shall pay a less rate of duty than forty per centum ad valorem: Provided Restriction further, That the terms bottles, vials, jars, demijohns, and carboys, as used herein, shall be restricted to such articles when suitable for use as and of the character ordinarily employed as containers for the holding or transportation of merchandise, and not as appliances or implements in chemical or other operations. bottles, etc.e 98. Glass bottles, decanters, and all articles of every description composed wholly or in chief value of glass, ornamented or decorated in any manner, or cut, engraved, painted, decorated, ornamented, colored, stained, silvered, gilded, etched, sand blasted, frosted, or -printed in any manner, or ground (except such grinding as is necessary for fitting stoppers or for purposes other than ornamentation), and all articles of every description, including bottles and bottle glassware, composed wholly or in chief value of glass blown either in a mold or otherwise; all of the foregoing, not specially provided for in this section, filled or unfilled, and whether their contents be dutiable or Proviso. free, sixty per centum ad valorem: Provided, That for the Stoppers, purposes of this Act, bottles with cut glass stoppers shall, with the stoppers, be deemed entireties. NONCONTIGUOUS TERRITORY AND CUBA. 241 99. Unpolished, cylinder, crown, and common window Window glass. glass, not exceeding one hundred and fifty square inches, valued at not more than one and one-half cents per pound, one and one-fourth cents per pound; valued at more than one and one-half cents per pound, one and three-eighths cents per pound; above that, and not exceeding three hundred and eighty-four square inches, valued at not more than one and three-fourths cents per pound, one and three-fourths cents per pound; valued at more than one and three-fourths cents per pound, one and seven-eighths cents per pound; above that, and not exceeding seven hundred and twenty square inches, valued at not more than two and one-eighth cents per pound, two and onefourth cents per pound; valued at more than two and oneeighth cents per pound, two and three-eighths cents per pound; above that, and not exceeding eight hundred and sixty-four square inches, two and three-fourths cents per pound; above that, and not exceeding one thousand two hundred square inches, three and one-fourth cents per pound; above that, and not exceeding two thousand four hundred square inches, three and three-fourths cents per pound; above that, four and one-fourth cents per pound: Provided, That unpolished cylinder, crown, and common Prvatio. window glass, imported in boxes, shall contain fifty square feet, as nearly as sizes will permit, and the duty shall be computed thereon according to the actual weight of glass. 100. Cylinder and crown glass, polished, not exceeding Cylinder and three hundred and eighty-four square inches, four cents ished. per square foot; above that, and not exceeding seven hundred and twenty square inches, six cents per square foot; above that, and not exceeding one thousand four hundred and forty square inches, twelve cents per square foot; above that fifteen cents per square foot. 101. Fluted, rolled, ribbed, or rough plate glass, or the plFuted, etc.. same containing a wire netting within itself, not including crown, cylinder, or common window glass, not exceeding three hundred and eighty-four square inches, threefourths of one cent per square foot; above that, and not exceeding seven hundred and twenty square inches, one and one-fourth cents per square foot; all above that, one and three-fourths cents per square foot; and all fluted, rolled, ribbed, or rough plate glass, weighing over one hundred pounds per one hundred square feet, shall pay an additional duty on the excess at the same rates herein imposed: Provided, That all of the above late glass, when Proviso. ground, smoothed, or otherwise obscured, shal be subject to the same rate of duty as cast polished plate glass unsilvered. 102. Cast polished plate glass, finished or unfinished Plate glass. and unsilvered, not exceeding three hundred and eightyfour square inches, ten cents per square foot; above that, and not exceeding seven hundred and twenty square inches, twelve and one-half cents per square foot; all above that, twenty-two and one-half cents per square foot. 242 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 103. Cast polished plate glass, silvered, cylinder and crown glass, silvered, and looking-glass plates, exceeding in size one hundred and forty-four square inches and not exceeding three hundred and eighty-four square inches, eleven cents per square foot; above that, and not exceeding seven hundred and twenty square inches, thirteen cents per square foot; all above that, twenty-five Silveiedplates, cents per square foot: Provided, That no looking-glass framed. plates or plate glass, silvered, when framed, shall pay a less rate of duty than that imposed upon similar glass of like description not framed, but shall pay in addition thereto upon such frames the rate of duty applicable thereto when imported separate. Bent, etc. 104. Cast polished plate glass, silvered or unsilvered, and cylinder, crown, or common window glass, silvered or unsilvered, polished or unpolished, when bent, ground, obscured, frosted, sanded, enameled, beveled, etched, embossed, engraved, flashed, stained, colored, painted, ornamented, or decorated, shall be subject to a duty of five per centum ad valorem in addition to the rates otherwise chargeable thereon. Spectacles, etc. 105. Spectacles, eyeglasses, and goggles, and frames for the same, or parts thereof, finished or unfinished, valued at not over forty cents per dozen, twenty cents per dozen and fifteen per centum ad valorem; valued at over forty cents per dozen and not over one dollar and fifty cents per dozen, forty-five cents per dozen and twenty per centum ad valorem; valued at over one dollar and fifty cents per dozen, fifty per centum ad valorem. Lenses. 106. Lenses of glass or pebble, molded or pressed, or ground and polished to a spherical, cylindrical, or prismatic form, and ground and polished piano or coquill glasses, wholly or partly manufactured, with the edges unground, forty-five per centum ad valorem; if with their edges ground or beveled, ten cents per dozen pairs and forty-five per centum ad valorem. Prisms, etc 107. Strips of glass, not more than three inches wide, ground or polished on one or both sides to a cylindrical or prismatic form, including those used in the construction of gauges, and glass slides for magic lanterns, fortyfive per centum ad valorem. omtical instru- 108. Opera and field glasses, telescopes, microscopes, photographic and projection lenses and optical instruments, and frames or mountings for the same; all the foregoing not specially provided for in this section, fortyfive per centum ad valorem. Windows, etc. 109 Stained or painted glass windows, or parts thereof, and all mirrors, not exceeding in size one hundred and forty-four square inches, with or without frames or cases, and all glass or manufactures of glass or paste or of which glass or paste is the component material of chief value, not specially provided for in this section, forty-five per centum ad valorem. NONCONTIGUOUS TERRITORY AND CUBA. 243 110. Fusible enamel, twenty-five per centum ad valorem; opal or cylinder glass tiles or tiling, sixty per centum ad valorem. 111. Marble and onyx, in block, rough or squared only, Marble and sixty-five cents per cubic foot; marble and onyx, sawed or dressed, over two inches in thickness, one dollar per cubic foot; slabs or paving tiles of marble or onyx, containing not less than four superficial inches, if not more than one inch in thickness, eight cents per superficial foot; if more than one inch and not more than one and one-half inches in thickness, ten cents per superficial foot; if more than one and one-half inches and not more than two inches in thickness, twelve and one-half cents per superficial foot; if rubbed in whole or in part, two cents per superficial foot in addition; mosaic cubes of marble or onyx, not exceeding two cubic inches in size, if loose, onefourth of one cent per pound and twenty per centum ad valorem; if attached to paper or other material, five cents per superficial foot and thirty-five per centum ad valorem. 112. Marble, breccia, onyx, alabaster, and jet, wholly ofmarble, etcr or partly manufactured into monuments, benches, vases, and other articles, or of which these substances or either of them is the component material of chief value, and all articles composed wholly or in chief value of agate, rock crystal, or other semiprecious stones, except such as are cut into shapes and forms fitting them expressly for use in the construction of jewelry, not specially provided for in this section, fifty per centum ad valorem. 113. Burrstones, manufactured or bound up into millstones, fifteen per centum ad valorem. 114. Freestone, granite, sandstone, limestone, and all etBuildinstone other monumental or building stone, except marble, breccia, and onyx, not specially provided for in this section, hewn, dressed, or polished, or otherwise manufactured, fifty per centum ad valorem; unmanufactured, or not dressed, hewn, or polished, ten cents per cubic foot. 115. Grindstones, finished or unfinished, one dollar and seventy-five cents per ton. 116. Slates, slate chimney pieces, mantels, slabs for slates tables, roofing slates, and all other manufactures of slate, not specially provided for in this section, twenty per centum ad valorem. SCHEDULE C.-METALS AND MANUFACTURES OF. SCrEE dLC. manufactures 117. Iron ore, including manganiferous iron ore, and of the dross or residuum from burnt pyrites, fifteen cents Ironore per ton: Provided, That in levying and collecting the Mroste. duty on iron ore no deduction shall be made from the weight of the ore on account of moisture which may be chemically or physically combined therewith. 118. Iron in pigs, iron kentledge, spiegeleisen, and Pigs, etc ferro-manganese, two dollars and fifty cents per ton; 244 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. wrought and cast scrap iron, and scrap steel, one dollar per ton; but nothing shall be deemed scrap iron or scrap steel except waste or refuse iron or steel fit only to be remanufactured by melting, and excluding pig iron in all forms. Bar and round. 119. Bar iron, muck bars, square iron, rolled or hammered, comprising flats not less than one inch wide nor less than three-eighths of one inch thick, round iron not less than seven-sixteenths of one inch in diameter, threetenths of one cent per pound. Round, inrods 120. Round iron, in coils or rods, less than seven-sixetc. teenths of one inch in diameter, and bars or shapes of rolled or hammered iron, not specially provided for in this Provisos. section, six-tenths of one cent per pound: Provided, That Slabs, etc.. all iron in slabs, blooms, loops, or other forms less finished than iron in bars, and more advanced than pig iron, except castings, shall be subject to a duty of four-tenths of one Charcoal iron. cent per pound: Provided further, That all iron bars, blooms, billets, slabs or loops, in the manufacture of which charcoal is used as fuel, shall be subject to a duty of eight dollars per ton. ron or steel. 121. Beams, girders, joists, angles, channels, carStructural shapes, tc. truck channels, T T, columns and posts or parts or sections of columns and posts, deck and bulb beams, and building forms, together with all other structural shapes of iron or steel, not assembled, or manufactured, or advanced beyond hammering, rolling, or casting, valued at nine-tenths of one cent per pound or less, three-tenths of one cent per pound; valued above nine-tenths of one cent per pound, four-tenths of one cent per pound. Plate. 122. Boiler or other plate iron or steel, except crucible plate steel and saw plates hereinafter provided for in this section, not thinner than number ten wire gauge, cut or sheared to shape or otherwise, or unsheared, and skelp iron or steel sheared or rolled in grooves, valued at eighttenths of one cent per pound orless, three-tenths of one cent per pound; valued above eight-tenths of one cent and not above one cent per pound, four-tenths of one cent per pound; valued above one cent and not above two cents per pound, five-tenths of one cent per pound; valued above two cents and not above three cents per pound, six-tenths of one cent per pound; valued at over three Thiheetsand cents per pound, twenty per centum ad valorem: Proplates. vided, That all sheets or plates of iron or steel thinner than number ten wire gauge shall pay duty as iron or steel sheets. Aachors, etc. 123. Iron or steel anchors or parts thereof, one cent per pound; forgings of iron or steel, or of combined iron and steel, but not machined, tooled, or otherwise advanced in condition by any process or operation subsequent to the forging process, not specially provided for in this section, thirty per centum ad valorem; antifriction balls, bali bearings, and roller bearings, of iron or steel or other NONCONTIGUOUS TERRITORY AND CUBA. 245 metal, finished or unfinished, forty-five per centum ad valorem. 124. Hoop, band, or scroll iron or steel, not otherwise Hoop,et. provided for in this section, valued at three cents per pound or less, eight inches or less in width, and less than three-eighths of one inch thick and not thinner than number ten wire gauge, three-tenths of one cent per pound; thinner than number ten wire gauge and not thinner than number twenty wire gauge, four-tenths of one cent per pound; thinner than number twenty wire gauge, sixtenths of one cent per pound: Provided, That barrel hoops Peovso. f. ~ Barrel hoops. of iron or steel, and hoop or band iron or hoop or band steel flared, splayed or punched, with or without buckles or fastenings, shall pay one-tenth of one cent per pound more duty than that imposed on the hoop or band iron or steel from which they are made; bands and strips of steel, exceeding twelve feet in length, not specially provided for in this section, thirty-five per centum ad valorem. 125. Hoop or band iron, or hoop or band steel, cut to Baling hoops oc lengths, or wholly or partly manufactured into hoops or ties, coated or not coated with paint or any other preparation, with or without buckles or fastenings, for baling cotton or any other commodity, three-tenths of one cent per pound. 126. Railway bars, made of iron or steel, and railway Railetc. bars made in part of steel, T rails and punched iron or steel flat rails, seven-fortieths of one cent per pound; railway fish-plates or splice-bars, made of iron or steel, threetenths of one cent per pound. 127. Sheets of iron or steel, common or black, of what- Sheets. ever dimensions, and skelp iron or steel, valued at three cents per pound or less, thinner than number ten and not thinner than number twenty wire gauge, five-tenths of one cent per pound; thinner than number twenty wire gauge and not thinner than number twenty-five wire gauge, six-tenths of one cent per pound; thinner than number twenty-five wire gauge and not thinner than number thirty-two wire gauge, eight-tenths of one cent per pound; thinner than number thirty-two wire gauge, nine-tenths of one cent per pound; corrugated or crimped, eight-tenths of one cent per pound; all the foregoing valued at more than three cents per pound, thirty per centum ad valorem: Provided, That all sheets or plates of com- Provso. mon or black iron or steel not thinner than number ten plhik sheets or wire gauge shall pay duty as plate iron or plate steel. 128. All iron or steel sheets or plates, and all hoop, Covered with band, or scroll iron or steel, excepting what are known commercially as tin plates, terne plates, and taggers tin, and hereinafter provided for, when galvanized or coated with zinc, spelter, or other metals, or any alloy of those metals, shall pay two-tenths of one cent per pound more duty than if the same was not so galvanized or coated; sheets or 246 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. plates composed of iron, steel, copper, nickel, or other metal with layers of other metal or metals imposed thereon by forging, hammering, rolling, or welding, forty per centum ad valorem. Plansthed, 129. Sheets of iron or steel, polished, planished, or ganeec. glanced, by whatever name designated, one and one-half PrSicd cold- cents per pound: Provided, That plates or sheets of iron rolled, etc. or steel, by whatever name designated, other than the polished, planished, or glanced herein provided for, which have been pickled or cleaned by acid, or by any other material or process, or which are cold-rolled, smoothed only, not polished, shall pay two-tenths of one cent per pouhnd more duty than the corresponding gauges of common or black sheet iron or steel. Tin plates, etc. 130. Sheets or plates of iron or steel, or taggers iron or steel, coated with tin or lead, or with a mixture of which these metals, or either of them, is a component part, by the dipping or any other process, and commercially known as tin plates, terne plates, and taggers tin, one and twotenths cents per pound. steel ingots, 131. Steel ingots, cogged ingots, blooms, and slabs, by whatever process made; die blocks or blanks; billets and bars and tapered or beveled bars; mill'shafting; pressed, sheared, or stamped shapes, not advanced in value or condition by any process or operation subsequent to the process of stamping; hammer molds or swaged steel; gunbarrel molds not in bars; alloys used as substitutes for steel in the manufacture of tools; all descriptions and shapes of dry sand, loam, or iron-molded steel castings; sheets and plates and steel not specially provided for in this section, all of the above valued at three-fourths of one cent per pound or less, seven-fortieths of one cent per pound; valued above three-fourths of one cent and not above one and three-tenths cents per pound, three-tenths of one cent per pound; valued above one and three-tenths cents and not above one and eight-tenths cents per pound, five-tenths of one cent per pound; valued above one and eight-tenths cents and not above two and two-tenths cents per pound, six-tenths of one cent per pound; valued above two and two-tenths cents and not above three cents per pound, eight-tenths of one cent per pound; valued above three cents per pound and not above four cents per pound, one and one-tenth cents per pound; valued above four cents and not above seven cents per pound, one and twotenths cents per pound; valued above seven cents and not above ten cents per pound, one and nine-tenths cents per pound; valued above ten cents and not above thirteen cents per pound, two and three-tenths cents per pound; valued above thirteen cents and not above sixteen cents per pound, two and seven-tenths cents per pound; valued above sixteen cents and not above twenty-four cents per pound, four and six-tenths cents per pound; valued above twenty-four cents and not above thirty-two cents per pound, six cents per pound; valued above thirty-two NONCONTIGUOUS TERRITORY AND CUBA. 247 cents and not above forty cents per pound, seven cents per pound; valued above forty cents per pound, twenty per centum ad valorem. 132. Steel wool or steel shavings, forty per centum ad steel shavings valorem. 133. Grit, shot, and sand made of iron or steel, that can Abrasives. be used only as abrasives, one cent per pound. 134. Wire rods: Rivet, screw, fence, and other iron or Wire rods steel wire rods, whether round, oval, flat, or square, or in any other shape, and nail rods, all the foregoing in coils or otherwise, valued at four cents or less per pound, threetenths of one cent per pound; valued over four cents per pound, six-tenths of one cent per pound: Provided, That Provisos. all round iron or steel rods smaller than number six wire ods. gauge shall be classed and dutiable as wire: Providedfurther, That all iron or steel wire rods which have been ter- Tempered, etc pered or treated in any manner or partly manufactured shall pay an additional duty of one-half of one cent per pound. 135. Round iron or steel wire, not smaller than number wie thirteen wire gauge, one cent per pound; smaller than number thirteen and not smaller than number sixteen wire gauge, one and one-fourth cents per pound; smaller than number sixteen wire gauge, one and three-fourths cents per pound: Provided, That all the foregoing shall Provo pay duty at not less than thirty-five per centum ad valo- Covered, etc. rem; all wire composed of iron, steel, or other metal except gold or silver, covered with cotton, silk, or other material, corset clasps, corset steels, dress steels, and all flat wires, and steel in strips, not thicker than number fifteen wire gauge and not exceeding five inches in width, whether in long or short lengths, in coils or otherwise, and whether rolled or drawn through dies or rolls, or otherwise produced, and all other wire not specially provided for in this section, shall pay a duty of not less than thirtyfive per centum ad valorem; on iron or steel wire coated Coatedet. by dipping, galvanizing or similar process with zinc, tin, or other metal, there shall be paid two-tenths of one cent per pound in addition to the rate imposed on the wire of which it is made: Provided further, That articles manu- Manufacturs. factured wholly or in chief value of any wire or wires provided for in this paragraph shall pay the maximum rate of duty imposed in this section upon any wire used in the manufacture of such articles and in addition thereto one cent per pound: And provided further, That no article Milnimum et made from or composed of wire shall pay a less rate of duty than forty per centum ad valorem; telegraph, telephone, and other wires and cables composed of metal and rubber, or of metal, rubber, and other materials, forty per centum ad valorem; barbed fence wire, three-fourths of one cent per pound, but the same shall not be subject to any additional or other rate of duty hereinbefore provided; wire heddles or healds, twenty-five cents per thousand, and in addition thereto, forty per centum ad valorem. 248 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Tin-plate man- 136. No article not specially provided for in this section, which is wholly or partly manufactured from tin plate, terne plate, or the sheet, plate, hoop, band, or scroll iron or steel herein provided for, or of which such tin plate, terne plate, sheet, plate, hoop, band, or scroll iron or steel shall be the material of chief value, shall pay a lower rate of duty than that imposed on the tin plate, terne plate, or sheet, plate, hoop, band, or scroll iron or steel from which it is made, or of which it shall be the component thereof of chief value. cold-rolled,etc. 137. On all iron or steel bars or rods of whatever shape or section which are cold rolled, cold drawn, cold hammered, or polished in any way in addition to the ordinary process of hot rolling or hammering, there shall be paid one-eighth of one cent per pound in addition to the rates provided in this section on bars or rods of whatever section or shape which are hot rolled; and on all strips, plates, or sheets of iron or steel of whatever shape, other than the polished, planished, or glanced sheet-iron or sheet-steel hereinbefore provided for, which are cold hammered, blued, brightened, tempered, or polished by any process to such perfected surface finish or polish better than the grade of cold rolled, smoothed only, hereinbefore provided for, there shall be paid four-tenths of one cent per pound in addition to the rates provided in this section upon plates, strips, or sheets of iron or steel of common or Circular saw black finish of corresponding gauge or value; and on steel circular saw plates there shall be paid one-fourth of one cent per pound in addition to the rates provided in this section for steel plates. No sallowance 138. No allowance or reduction of duties for partial loss or damage in consequence of rust or of discoloration shall be made upon any description of iron or steel, or upon any article wholly or partly manufactured of iron or steel, or upon any manufacture of iron or steel. etc. classed as 139. All metal produced from iron or its ores, which is steel. cast and malleable, of whatever description or form, without regard to the percentage of carbon contained therein, whether produced by cementation, or converted, cast, or made from iron or its ores, by the crucible, Bessemer, Clapp-Griffith, pneumatic, Thomas-Gilchrist, basic, Siemens-Martin, or open-hearth process, or by the equivalent of either, or by a combination of two or more of the processes, or their equivalents, or by any fusion or other process which produces from iron or its ores a metal either granular or fibrous in structure, which is cast and malleable, excepting what is known as malleable-iron castings, shall be classed and denominated as steel. ofMannufactres 140. Anvils of iron or steel, or of iron and steel comAnvils. bined, by whatever process made, or in whatever stage of manufacture, one and five-eighths cents per pound. Automobiles. 141. Automobiles, bicycles, and motorcycles, and finished parts of any of the foregoing, not including tires, forty-five per centum ad valorem. NONCONTIGUOUS TERRITORY AND CUBA. 249 142. Axles, or parts thereof, axle bars, axle blanks, or Axles. forgings for axles, whether of iron or steel, without reference to the stage or state of manufacture, not otherwise provided for in this section, valued at not more than six cents per pound, three-fourths of one cent per pound: Provided, That when iron or steel axles are imported 'itSOd n fitted in wheels, or parts of wheels, of iron or steel, they wheels. shall be dutiable at the same rate as the wheels in which they are fitted. 143. Blacksmith's hammers and sledges, track tools, Blacksmi t h' wedges, and crowbars, whether of iron or steel, one and three-eighths cents per pound. 144. Bolts, with or without threads or nuts, or bolt Boltsetc. blanks, and finished hinges or hinge blanks, whether of iron or steel, one and one-eighth cents per pound. 145. Card clothing not actually and permanently fitted Card clothing to and attached to carding machines or to parts thereof at the time of importation, when manufactured with round iron or untempered round steel wire, twenty cents per square foot; when manufactured with tempered round steel wire, forty-five cents per square foot; when manufactured with plated wire or other than round iron or steel wire, or with felt face, wool face, or rubber face cloth containing wool, fifty-five cents per square foot. 146. Cast-iron pipe.of every description, one-fourth of Cast-ironpipe. one cent per pound. 147. Cast-iron andirons, plates, stove plates, sadirons, Andirons, etc. tailor's irons, hatter's irons, and castings and vessels wholly of cast iron, eight-tenths of one cent per pound. All castings of iron or cast-iron plates which have been chiseled, drilled, machined, or otherwise advanced in condition by processes or operations subsequent to the casting process but not made up into articles, shall pay twotenths of one cent per pound more than the rate imposed upon the castings of iron and cast-iron plates hereinbefore provided for. 148. Castings of malleable iron not specially provided iMalleable cast for in this section, seven-tenths of one cent per pound. 149. Cast hollow ware, coated, glazed, or tinned, one Hollowware. and one-half cents per pound. 150. Chain or chains of all kinds, made of iron or steel, Chains. not less than three-fourths of one inch in diameter, seveneighths of one cent per pound; less than three-fourths of one inch and not less than three-eighths of one inch in diameter, one and one-eighth cents per pound; less than three-eighths of one inch in diameter and not less than five-sixteenths of one inch in diameter, one and sixeighths cents per pound; less than five-sixteenths of one inch in diameter, three cents per pound; but no chain or chains of any description shall pay a lower rate of duty than forty-five per centum ad valorem. 151. Lap-welded, butt-welded, seamed, or jointed iron Tbestc. or steel tubes, pipes, flues, or stays, not thinner than num 250 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ber sixteen wire gauge, if not less than three-eighths of an inch in diameter, one cent per pound; if less than threeeighths of an inch and not less than one-fourth of an inch in diameter, one and one-half cents per pound; if less than one-fourth of an inch in diameter, two cents per pound: riron Provided, That no tubes, pipes, flues, or stays, made of charcoal iron, shall pay a less rate of duty than one and Tanks etc. one-half cents per pound; cylindrical or tubular tanks or vessels, for holding gas, liquids, or other material, whether full or empty, thirty per centum ad valorem; flexible metal tubing or hose, not specially provided for in this section, whether covered with wire or other material, or otherwise, including any appliances or attachments affixed thereto, thirty per centum ad valorem; welded cylindrical furnaces, tubes or flues made from plate metal, and corrugated, ribbed, or otherwise reinforced against collapsing pressure, two cents per pound; all other iron or steel tubes, finished, not specially provided for in this section, thirty per centum ad valorem. Penknives, etc. 152. Penknives, pocketknives, clasp knives, pruning knives, budding knives, erasers, manicure knives, and all knives by whatever name known, including such as are denominatively mentioned in this section, which have folding or other than fixed blades or attachments, valued at not more than forty cents per dozen, forty per centum ad valorem; valued at more than forty cents per dozen and not exceeding fifty cents per dozen, one cent per piece and forty per centum ad valorem; valued at more than fifty cents per dozen and not exceeding one dollar and twenty-five cents per dozen, five cents per piece and forty per centum ad valorem; valued at more than one dollar and twenty-five cents per dozen and not exceeding three dollars per dozen, ten cents per piece and forty per centum ad valorem; valued at more than three dollars per.dozen, twenty cents per piece and forty per centum ad valorem: Partlynished Provided, That any of the foregoing knives or erasers, if imported in the condition of assembled, but not fully finished, shall be dutiable at not less than the rate of duty herein imposed upon fully finished knives and erasers of the same material and quality, but not less in any case than ten cents each and forty per centum ad valorem: Blades, han- Provided further, That blades, handles, or other parts of dies, etc. any of the foregoing knives or erasers shall be dutiable at not less than the rate herein imposed upon knives and erasers valued at more than fifty cents per dozen and not exceeding one dollar and twenty-five cents per dozen; Raora. razors, finished, valued at less than one dollar per dozen, thirty-five per centum ad valorem; valued at one dollar and less than one dollar and fifty cents per dozen, six cents each and thirty-five per centum ad valorem; valued at one dollar and fifty cents and less than two dollars per dozen, ten cents each and thirty-five per centum ad valorem; valued at two dollars and less than three dollars per dozen, twelve cents each and thirty-five per centum ad NONCONTIGUOUS TERRITORY AND CUBA. 251 valorem; valued at three dollars or more per dozen, fifteen cents each and thirty-five per centum ad valorem: Provided, That blades (except for safety razors), handles, Blades, hanand unfinished razors shall pay no less duty than that im-eset posed on finished razors valued at two dollars per dozen: Provided further, That on and after October first, nine- tONa be ofmak teen hundred and nine, all the articles specified in this blade, etc. paragraph shall when imported have the name of the maker or purchaser and beneath the same the name of the country of origin die-sunk conspicuously and indelibly on the shank or tang of at least one or, if practicable, each and every blade thereof. Scissors and shears, and blades scissor for the same, finished or unfinished, valued at not more than fifty cents per dozen, fifteen cents per dozen and fifteen per centum ad valorem; valued at more than fifty cents and not more than one dollar and seventy-five cents per dozen, fifty cents per dozen and fifteen per centum ad valorem; valued at more than one dollar and seventy-five cents per dozen, seventy-five cents per dozen and twentyfive per centum ad valorem. 153. Sword blades, and swords and side arms irrespec- Swords, etc. tive of quality or use, in part of metal, fifty per centum ad valorem. 154. Table, butchers', carving, cooks', hunting, kitchen, anvfos, steels, bread, butter, vegetable, fruit, cheese, carpenters' bench, curriers', drawing, farriers', fleshing, hay, tanners', plumbers', painters', palette, artists', and shoe knives, forks and steels, finished or unfinished; if imported with handles of mother-of-pearl, shell, ivory, silver, nickeled silver, or other metal than iron or steel, fourteen cents each; with handles of deerhorn, ten cents each; with handles of hard rubber, solid bone, celluloid, or any pyroxyline material, four cents each; with handles of any other material than those above mentioned, one cent each, and in addition, on all the above articles, fifteen per centum ad valorem; any of the knives, forks or steels, enumerated in this paragraph, if imported without handles, forty per centum ad valorem: Provided, That none of the above-named ar- Provisos tides shall pay a less rate of duty than forty per centum ad valorem: Provided, That all the articles specified in to be indeibly this paragraph when imported on and after October first, stamped. nineteen hundred and nine, shall have the name of the maker or purchaser and beneath the same the name of the country of origin indelibly stamped or branded thereon in a place that shall not be covered thereafter. 155. Files, file-blanks, rasps, and floats, of all cuts and Fue kinds, two and one-half inches in length and under, twenty-five cents per dozen; over two and one-half inches in length and not over foul and one-half inches, fortyseven and one-half cents per dozen; over four and onehalf inches in length aid under seven inches, sixty-two and one-half cents per dozen; seven inches in length and over, seventy-seven and one-half cents per dozen. 252 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Muskets, etc. 156. Muskets, muzzle-loading shotguns, rifles, and parts thereof, twenty-five per centum ad valorem eSporting guns, 157. Double-barreled, sporting, breech-loading shotguns, combination shotguns and rifles, valued at not more than five dollars, one dollar and fifty cents each and in addition thereto fifteen per centum ad valorem; valued at more than five dollars and not more than ten dollars, four dollars each and in addition thereto fifteen per centum ad valorem each; valued at more than ten dollars, six dollars each; double barrels for sporting breech-loading shotguns and rifles, further advanced in manufacture than rough bored only, three dollars each; stocks for double-barreled sporting breech-loading shotguns and rifles wholly or partially manufactured, three dollars each; and in addition thereto on all such guns and rifles, valued at more than ten dollars each, and on such stocks and barrels, thirty-five per centum ad valorem; on all other parts of such guns or rifles, and fittings for such stocks or barrels, finished or unfinished, fifty per Partso centum ad valorem: Provided, That all double-barreled sporting breech-loading shotguns and rifles imported without a lock or locks or other fittings shall be subject to a duty of six dollars each and thirty-five per centum ad valorem; single-barreled breech-loading shotguns, or parts thereof, except as otherwise specially provided for m this section, one dollar each and thirty-five per centum Pistols. ad valorem; pistols, automatic, magazine, or revolving, or parts thereof, seventy-five cents each and twenty-five per centum ad valorem. Hollow ware. 158. Table, kitchen, and hospital utensils, or other timnilar hollow ware, of iron or steel, enameled or glazed with vitreous glasses, but not ornamented or decorated with lithographic or other printing, forty per centum ad valorem. Nails, spiJes, 159. Cut nails and cut spikes of iron or steel, fouretc. tenths of one cent per pound. 160. Horseshoe nails, hob nails, and all other wrought iron or steel nails not specially provided for in this section, one and one-half cents per pound. 161. Wire nails made of wrought iron or steel, not less than one inch in length and not lighter than number sixteen wire gauge, four-tenths of one cent per pound; less than one inch in length and lighter than number sixteen wire gauge, three-fourths of one cent per pound. 162. Spikes, nuts, and washers, and horse, mule, or ox shoes, of wrought iron or steel, three-fourths of one cent per pound. 163. Cut tacks, brads, or sprigs, not exceeding sixteen ounces to the thousand, five-eighths of one cent per thousand; exceeding sixteen ounces to the thousand, three-fourths of one cent per pound. Needles 164. Needles for knitting or sewing machines, one dollar per thousand and twenty-five per centum ad valorem; latch needles, one dollar and fifteen cents per NONCONTIGUOUS TERRITORY AND CUBA. 253 thousand and thirty-five per centum ad valorem; crochet needles and tape needles, knitting and all other needles, not specially provided for in this section, and bodkins of metal, twenty-five per centum ad valorem; but no articles other than the needles which are specifically named in this section shall be dutiable as needles unless having an eye, and fitted and used for carrying a thread. Needle cases or needle books furnished with assortments of needles or combinations of needles and other articles, shall pay duty as entireties according to the component material of chief value therein. 165. Fish hooks, fishing rods and reels, artificial flies, Fish hook s, artificial baits, snelled hooks and all other fishing tackle or parts thereof, not specially provided for in this section, except fishing lines, fishing nets and seines, forty-five per centum ad valorem. 166. Steel plates engraved, stereotype plates, electro- mintingplat type plates, and plates of other materials, engraved for printing, twenty per centum ad valorem; plates of iron or steel engraved or fashioned for use in the production of designs, patterns, or impressions on glass in the process of manufacturing plate or other glass, twenty-five per centum ad valorem; lithographic plates of stone or other material, engraved, drawn, or prepared, and wet transfer paper or paper prepared wholly with glycerin, or glycerin combined with other materials, containing the imprints taken from lithographic plates, fifty per centum ad valorem. 167. Rivets, studs, and steel points, lathed, machined, Rivets, etc. or brightened, and rivets or studs for nonskidding automobile tires, forty-five per centum ad valorem; rivets of iron or steel, not specially provided for in this section, one and one-fourth cents per pound. 168. Crosscut saws, five cents per linear foot; mill saws saws, eight cents per linear foot; pit and drag saws, six cents per linear foot; circular saws, twenty per centum ad valorem; steel band saws, finished or further advanced than tempered and polished, five cents per pound and twenty per centum ad valorem; hand, back, and all other saws, not specially provided for in this section, twenty-five per centum ad valorem. 169. Screws; commonly called wood screws, made of wood screws. iron or steel, more than two inches in length, three cents per pound; over one inch and not more than two inches in length, five cents per pound; over one-half inch and not more than one inch in length, eight cents per pound; one-half inch and less in length, ten cents per pound. 170. Umbrella and parasol ribs and stretchers, cor- Umbrella ribs posed in chief value of iron, steel, or other metal, in frames or otherwise, and tubes for umbrellas, wholly or partially finished, fifty per centum ad valorem. 171. Wheels for railway purposes, or parts thereof, carwheels, ec. made of iron or steel, and steel-tired wheels for railway purposes, whether wholly or partly finished, and iron or 254 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. steel locomotive, car, or other railway tires or parts thereof, wholly or partly manufactured, one and onefourth cents per pound; ingots, cogged ingots, blooms, or blanks for the same, without regard to the degree of manriTd with ufacture, one cent per pound: Provided, That when axles. wheels for railway purposes, or parts thereof, of iron or steel, are imported with iron or steel axles fitted in them, the wheels and axles together shall be dutiable at the same rate as is provided for the wheels when imported separately. Alumium,etc. 172. Aluminum, aluminum scrap, and alloys of any kind in which aluminum is the component material of chief value, in crude forn, seven cents per pound; in plates, sheets, bars, and rods, eleven cents per pound; arium, calcium, magnesium, sodium, and potassium, and alloys of which said metals are the component material of chief value, three cents per pound and twenty-five per centum ad valorem. Antimony. 173. Antimony, as regulus or metal, one and one-half cents per pound; antimony ore, stibnite and matte containing antimony, but not containing more than ten per centum of lead, one cent per pound on the antimony conProviso. tents therein contained: Provided, That on all importainelberyf otre tions of antimony-bearing ores and matte containing antismelter. mony the duties shall be estimated at the port of entry, and a bond given in double the amount of such estimated duties for the transportation of the ores by common carriers bonded for the transportation of appraised or unappraised merchandise to properly equipped sampling or smelting establishments, whether designated as Sam p in g at bonded warehouses or otherwise. On the arrival of the smelter. ores at such establishment, they shall be sampled according to commercial methods under the supervision of government officers, who shall be stationed at such establishment, and who shall submit the samples thus obtained to a government assayer, designated by the Secretary of the Treasury, who shall make a proper assay of the sample, and report the result to the proper customs Liquidation, officers, and the import entry shall be liquidated thereon, except in case of ores that shall be removed to a bonded warehouse to be refined for exportation as provided by law, and the Secretary of the Treasury is authorized to make all necessary regulations to enforce the provisions of this paragraph; antimony, oxide of, one and one-half cents per pound and twenty-five per centum ad valorem. Argentine. 174. Argentine, albata, or German silver, unmanufactured, twenty-five per centum ad valorem. Bronze, etc. 175. Bronze powder, brocades, flitters, and metallics, twelve cents per pound; bronze, or Dutch-metal, or aluminum, in leaf, six cents per one hundred leaves. Copper. 176. Copper, in rolled plates, called braziers' copper, sheets, rods, pipes, and copper bottoms, two and one-half cents per pound; sheathing or yellow metal of which cop NONCONTIGUOUS TERRITORY AND CUBA. 255 per is the component material of chief value, and not composed wholly or in part of iron ungalvanized, two cents per pound. 177. Gold leaf, thirty-five cents per one hundred leaves. Goldleaf The foregoing rate applies to leaf not exceeding in size the the equivalent of three and three-eighths by three and three-eighths inches; additional duties in the same proportion shall be assessed on leaf exceeding in size said equivalent. 178. Silver leaf, ten cents per one hundred leaves. Silver leaf. 179. Tinsel wire, lame or lahn, made wholly or in chief Tiel wire. value of gold, silver, or other metal, five cents per pound; 1)ullions and metal threads, made wholly or in chief value of tinsel wire, lame or lahn, five cents per pound and thirty per centum ad valorem; fabrics, laces, embroideries, braids, galloons, trimmings, ribbons, beltings, ornaments, toys, or other articles, made wholly or in chief value of tinsel wire, lame or lahn, bullions, or metal threads, fifteen cents per pound and sixty per centum ad valorem. 180. Hooks and eyes, metallic, whether loose, carded, yooks and or otherwise, including weight of cards, cartons, and immediate wrappings and labels, four and one-half cents per pound and fifteen per centum ad valorem. 181. Lead-bearing ore of all kinds, one and one-half Lead-bearing cents per pound on the lead contained therein: Provided, Proviso. Delivery in That on all importations of lead-bearing ores the duties bond to smelter. shall be estimated at the port of entry, and a bond given in double the amount of such estimated duties for the transportation of the ores by common carriers bonded for the transportation of appraised or unappraised merchandise to properly equipped sampling or smelting establishments, whether designated as bonded warehouses or otherwise. On the arrival of the ores at such establishments smP1ng at they shall be sampled according to commercial methods under the supervision of government officers, who shall be stationed at such establishments, and who shall submit the samples thus obtained to a government assayer, designated by the Secretary of the Treasury, who shall make a proper assay of the sample and report the result to the proper customs officers, and the import entries shall be liquidated thereon, except in case of ores that shall be Liquidation. removed to a bonded warehouse to be refined for exportation as provided by law. And the Secretary of the Treasury is authorized to make all necessary regulations to enforce the provisions of this paragraph. 182. Lead dross, lead bullion or base bullion, lead in L"d pigs and bars, lead in any form not specially provided for in this section, old refuse lead run into blocks and bars, and.old scrap lead fit only to be remanufactured; all the foregoing, two and one-eighth cents per pound; lead in sheets, pipe, shot, glaziers' lead and lead wire, two and three-eighths cents per pound. 183. Metallic mineral substances in a crude state, and, metbn Lub metals unwrought, whether capable of being wrought or 28872~ —S. Doc. 306, 62-2-19 256 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. not, not specially provided for in this section, twenty per centum ad valorem; monazite sand and thorite, four cents per pound; thorium, oxide of and salts of, gas mantles treated with chemicals or metallic oxides, and gas mantle scrap consisting in chief value of metallic oxides, forty per centum ad valorem. Chromium, 184. Chrome or chromium metal, ferrochrome or ferroetc. chromium, ferromolybdenum, ferrophosphorus, ferrotitanium, ferrotungsten, ferrovanadlum, molybdenum, titanium, tantalum tungsten, or wolfram metal, valued at two hundred dollars per ton or less, twenty-five per centum ad valorem; valued at more than two hundred dollars per ton, twenty per centum ad valorem; ferrosilicon containing not more than fifteen per centum- of silicon, five dollars per ton; ferrosilicon containing more than fifteen per centum of silicon, twenty per centum ad valorem. Nickel. 185. Nickel, nickel oxide, alloy of any kind in which nickel is a component material of chief value, in pigs, ingots, bars, rods, or plates, six cents per pound; sheets or strips, thirty-five per centum ad valorem. Pens. 186. Pens, metallic, except gold pens, twelve cents per gross; with nib and barrel in one piece, fifteen cents per gross. Penholders, 187. Penholder tips, penholders and parts thereof, five gold pens, etc. cents per gross and twenty-five per centum ad valorem; gold pens, twenty-five per centum ad valorem; fountain pens, stylographic pens, thirty per centum ad valorem; combination penholders, comprising penholder, pencil, rubber eraser, automatic stamp, or other attachment, Provin. forty per centum ad valorem: Provided, That pens and penholders shall be assessed for duty separately. Pins 188. Pins with solid heads, without ornamentation, including hair, safety, hat, bonnet, and shawl pins; any of the foregoing composed wholly of brass, copper, iron, steel, or other base metal, not plated with gold or silver, and not commonly known as jewelry, thirty-five per centum ad valorem. Quicksilver. 189. Quicksilver, seven cents per pound. The flasks, bottles, or other vessels in. which quicksilver is imported shall be subject to the same rate of duty as they would be subjected to if imported empty. Tungsten ores. 190. Tungsten-bearing ores of all kinds, ten per centum ad valorem. Tt e and typi 191. Type metal, one and one-half cents per pound on the lead contained therein; new types, twenty-five per centum ad valorem. Wentch move- 192. Watch movements, including time-detectors, whether imported in cases or not, if having not more than seven jewels, seventy cents each; if having more than seven jewels and not more than eleven jewels, one dollar and thirty-five cents each; if having more than eleven;.- -.1. ^' jewels and not more than fifteen jewels, one dollar and.-?:.: -;righty-five cents each; if having more than fifteen andi NONCONTIGUOUS TERRITORY AND CUBA. 257 not more than seventeen jewels, one dollar and twentyfive cents each and twenty-five per centum ad valorem; if having more than seventeen jewels, three dollars each and twenty-five per centum ad valorem; watch cases and parts of watches, chronometers, box or ship, and parts thereof forty per centum ad valorem; lever clock move- Clocks, et ments having jewels in the escapement, and clocks containing such movements, one dollar each and forty per centum ad valorem; all other clocks and parts thereof, not otherwise provided for in this section, whether separately packed or otherwise, not composed wholly or in chief value of china, porcelain, parian, bisque, or earthenware, forty per centum ad valorem; all jewels for use in the manufacture of watches or clocks, ten per centum ad valorem; enameled dials for watches or other instruments, three cents per dial and forty per centum ad valorem: Provided, That all wa.tch and clock dials, cory~io of oriwhether attached to movements or not, shall have indeli- gin, etc., to be bly painted or printed thereon the country of origin, and marked. that all watch movements, lever clock movements with jewels in the escapement, and cases of foreign manufacture shall have the name of the manufacturer and country of manufacture cut, engraved, or die-sunk conspicuously and indelibly on the plate of the movement and the inside of the case, respectively, and the movements shall also have marked thereon by one of the methods indicated the number of jewels and adjustments, said number to be els, etc.oe expressed both in words and in Arabic numerals; and none of the aforesaid articles shall be delivered to' the importer unless marked in exact conformity to this direction. 193. Zinc-bearing ore of all kinds, including calamine, zinc ore containing less than ten per centum of zinc, shall be admitted free of duty; containing ten per centum or more of zinc and less than twenty per centum, one-fourth of one cent per pound on the zinc contained therein; containing twenty per centum or more of zinc and less than twentyfive per centum, one-half of one cent per pound on the zinc contained therein; containing twenty-five per centum of zinc, or more, one cent per pound on the zinc contained therein: Provided, That on all importations of zinc-bear- Poe.r o ing ores the duties shall be estimated at the port of entry, bond to smelter. and a bond given in double the amount of such estimated duties for the transportation of the ores by common carriers bonded for the transportation of appraised or unappraised merchandise to properly equipped sampling or smelting establishments, whether designated as bonded warehouses or otherwise. On the arrival of the ores at such establishments they shall be sampled according to Sampling, etc. commercial methods under the supervision of government officers, who shall be stationed at such establishments, and who shall submit the samples thus obtained to a government assayer, designated by the Secretary of the Treasury, who shall make a proper assay of the sample, and report the result to- the proper customs officers, and 25- LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Liquidation. the import entries shall be liquidated thereon, except in case of ores that shall be removed to a bonded warehouse to be refined for exportation as provided by law. And the Secretary of the Treasury is authorized to make all necessary regulations to enforce the provisions of this paragraph. Zin* 194. Z inc in blocks or pigs and zinc dust, one and three-eighths cents per pound; in sheets, one and fiveeighths cents per pound; in sheets coated or plated with nickel or other metal, or solutions, one and three-fourths cents per pound; old and worn-out, fit only to be remanufactured, one cent per pound. boMetal cans, 195. Cans, boxes, packages, and other containers of of all kinds (except such as are hermetically sealed by soldering or otherwise), composed wholly or in chief value of metal lacquered or printed by any process of lithography whatever, if filled or unfilled, and whether their contents be dutiable or free, four cents per pound PMinoum. and thirty-five per centum ad valorenm: Provided, That none of the foregoing articles shall pay a less rate of duty than fifty-five per centum ad valorem; but no cans, boxes, packages, or containers of any kind, of the capacity of five pounds or under, subject to duty under this paragraph, shall pay less duty than if the same were imported empty; and the dutiable value of the same shall include all packing charges, cartons, wrappings, envelopes, and printed matter accompanying them when such cans, boxes, packages, or containers are imported wholly or partly filled with merchandise exempt from duty (except liquids and merchandise commercially known as drugs) and which is commonly dealt in at wholesale in the country of original exportation in bulk or it packages apper, etc., exceeding five pounds in capacity: Provided further, That paper, cardboard or pasteboard wrappings or containers that are made and used only for the purpose of holding or containing the article with which they are filled, and after such use are mere waste material, shall not be dutiable unless their contents are dutiable. Bottle caps, 196. Bottle caps of metal, if not colored, waxed, metal. caIps lacquered, enameled, lithographed, or embossed in color, one-half of one cent per pound and forty-five per centum ad valorem; if colored, waxed, lacquered, enameled, lithographed, or embossed in color, fifty-five per centum ad valorem. Cash registers, 197. Cash registers, jute manufacturing machinery, machines, etc linotype and all typesetting machines, machine tools, printing presses, sewing machines, typewriters, and all steam engines, thirty per centum ad valorem; embroidery machines and lace-making machines, including machines for making lace curtains, nets, or nettings, forty-five per Proviso. centum ad valorem: Provided, however, That all embroidFree entry of embroidery,ery machines and Lever or Gothrough lace-making roa'resrving machines, machines used only for the weaving of linen untiln anl, 1m.1 cloth from flax and flax fiber, and tar and oil spreading NONCONTIGUOUS TERRITORY AND CUBA. 259 machines used in the construction and maintenance of roads and in improving them by the use of road preservatives, shall, if imported prior to January first, nineteen hundred and eleven, be admitted free of duty. 198. Nippers and pliers of all kinds (except black- Nippers and smiths' tongs, surgical and dental instruments or parts thereof), wholly or partly manufactured, eight cents per pound and forty per centum ad valorem. 199. Articles or wares not specially provided for in this Atcifcle not specified. section, composed wholly or m part of iron, steel, lead, copper, nickel, pewter, zinc, gold, silver, platinum, aluminum, or other metal, and whether partly or wholly manufactured, forty-five per centum ad valorem. SCHEDULE D.-WOOD AND MANUFACTURES OF. 200. Timber, hewn, sided or squared otherwise than by SCHEDEL D. sawing (not less than eight inches square) and roundufacturesof. timber used for spars or in building wharves, one-half of Timber' hewn one cent per cubic foot. 201. Sawed boards, planks, deals, and other lumber of Sawed board. whitewood, sycamore, and basswood, fifty cents per thousand feet board measure; sawed lumber, not specially provided for in this section, one dollar and twenty-five cents per thousand feet board measure; but when lumber of any sort is planed or finished, there shall be levied in addition to the rates herein provided, the following: For one side so planed or finished, fifty cents per thousand feet board measure; for planing or finishin on one side and tonguing and grooving or for planing or finishing on two sides, seventy-five cents per thousand feet board measure; for planing or finishino on three sides, or planing and finishing on two sides and tonguing and grooving, one dollar and twelve and one-half cents per thousand feet board measure; for planing and finishing on four sides, one dollar and fifty cents per thousand feet board measure; and in estimating board measure under this schedule no deduction shall be made on board measure on account of planing, tonguing, and grooving. 202. Briar root or briar wood, ivy or laurel root, and blrir root,eta, similar wood unmanufactured, or not further advanced than cut into blocks suitable for the articles into which they are intended to be converted, fifteen per centum ad valorem. 203. Sawed boards, planks, deals, and all forms of Cabinet-w oo sawed cedar, lignum-vitse, lancewood, ebony box,barde granadilla, mahogany, rosewood, satinwood, and all other cabinet woods not further manufactured than sawed, fifteen per centum ad valorem; veneers of wood, and wood unmanufactured, not specially provided for in this section, twenty per centum ad valorem. 204. Paving posts, railroad ties, and telephone, trolley, etPo0, pollI, electric light, and telegraph poles of cedar or other woods, ten per centum ad valorem. 260 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Clapboards. 205. Clapboards, one dollar and twenty-five cents per thousand. Hubs, blocks. 206 Hubs for wheels, posts, heading bolts, stave bolts, etc. last blocks, wagon blocks, oarblocks, heading blocks, and all like blocks or sticks, roughhewn, sawed or bored, twenty per centum ad valorem. Laths. 207. Laths, twenty cents per one thousand pieces. Pickets, etc. 208. Pickets, palings and staves of wood, of all kinds, ten per centum ad valorem. Shingles. 209. Shingles, fifty cents per thousand. Casks, barrels, 210. Casks, barrels, and hogsheads (empty), sugar-box shooks, and packing-boxes (empty), and packing-box shooks, of wood, not specially provided for in this section, thirty per centum ad valorem. Boxes, etc., for 211. Boxes, barrels, or other articles containing citrus fruits. oranges, lemons, limes, grape fruit, shaddocks or pomelos, Proviso. thirty per centum ad valorem: Provided, That the thin exported. wood, so called, comprising the sides, to s and bottoms of orange and lemon boxes of the growth and manufacture of the United States, exported as orange and lerhon box shooks, may be reimported in completed form, filled with oranges and lemons, by the payment of duty at one-half the rate imposed on similar boxes of entirely identity. foreign growth and manufacture; but proof of the identity of such shooks shall be made under regulations to be prescribed by the Secretary of the Treasury. Reeds, willow, 212. Chair cane or reeds wrought or manufactured from rattans or reeds, ten per centum ad valorem; osier or willow, including chip of and split willow, prepared for basket makers' use, twenty-five per centum ad valorem; manufactures of osier or willow and willow furniture, forty-five per centum ad valorem. Toothpicks, 213. Toothpicks of wood or other vegetable substance, skewers. two cents per one thousand and fifteen per centum ad valorem; butchers' and packers' skewers of wood, forty cents per thousand. Porch blinds, 214. Porch and window blinds, baskets, curtains, shades, or screens of bamboo, wood, straw, or compositions of wood, not specially provided for in this section, thirty-five per centum ad valorem; if stained, dyed, painted, printed, polished, grained, or creosoted, forty per centum ad valorem. Furniture, 215. House or cabinet furniture wholly or in chief house or cabinet. value of wood, wholly or partly finished, and manufactures of wood or bark, or of which wood or bark is the component material of chief value, not specially provided for in this section, thirty-five per centum ad valorem. SCHEDULE E. SCHEDULE E.-SUGAR, MOLASSES, AND MANUFACTURES OF. Bugarmolasses, 216. Sugars not above number sixteen Dutch standard n: manuuaeres of. in color, tank bottoms, sirups of cane juice, melada, consugar, etc. centrated melada, concrete and concentrated molasses, testing by the polariscope not above seventy-five degrees, NONCONTIGUOUS TERRITORY AND CUBA. 261 ninety-five one-hundredths of one cent per pound, and for every additional degree shown by the polariscopic test, thirty-five one-thousandths of one cent per pound additional, and fractions of a degree in proportion; and on sugar above number sixteen Dutch standard in color, and on all sugar which has gone through a process of refining, one cent and ninety one-hundredths of one cent per pound; molasses testing not above forty degrees, twenty per centum ad valorem; testing above forty degrees and not above fifty-six degrees, three cents per gallon; testing above fifty-six degrees, six cents per gallon; sugar drainings and sugar sweepings shall be subject to duty as molasses or sugar, as the case may be, according to polariscopic test. 217. Maple sugar and maple sirup, four cents per M a I e sugar pound; glucose or grape sugar, one and one-half cents per pound; sugar cane in its natural state, or unmanufactured, twenty per centum ad valorem. 218. Saccharine, sixty-five cents per pound. Saccharine. 219. Sugar candy and all confectionery not specially fecati and con provided for in this section, valued at fifteen cents per fetionery. pound or less, and on sugars after being refined, when tinctured, colored or in any way adulterated, four cents per pound and fifteen per centum ad valorem; valued at more than fifteen cents per pound, fifty per centum ad valorem. The weight and the value of the immediate coverings, other than the outer packing case or other covering, shall be included in the dutiable weight and the value of the merchandise. SCHEDULE F.-TOBACCO AND MANUFACTURES OF. SCHEDULE F. Tobacco and 220. Wrapper tobacco, and filler tobacco when mixed manufactures of. Wrapper, filler, or packed with more than fifteen per centum of wrapper and leaf tobacco. tobacco, and all leaf tobacco the product of two or more countries or dependencies when mixed or packed together, if unstemmed, one dollar and eighty-five cents per pound; if stemmed, two dollars and fifty cents per pound; filler tobacco not specially provided for in this section, if unstemmed, thirty-five cents per'pound; if stemmed, fifty cents per pound. 221. The term wrapper tobacco as used in this section Definition of means that quality of leaf tobacco which is suitable for terms. cigar wrappers, and the term filler tobacco means all other leaf tobacco. Collectors of customs shall not per- mIvticerequi mit entry to be made, except under regulations to be prescribed by the Secretary of the Treasury, of any leaf tobacco, unless the invoices of the same shall specify in detail the character of such tobacco, whether wrapper or filler, its origin and quality. In the examination for foExaminatio classification of any imported leaf tobacco, at least one bale, box, or package in every ten, and at least one in every invoice, shall be examined by the appraiser or person authorized by law to make such examination, and ~62 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. at least ten hands shall be examined in each examined bale, box or package. All other. 222. Ahll other tobacco, manufactured or unmanufactured, not specially provided for in this section, and scrap tobacco, fifty-five cents per pound. snuff. 223. Snuff and snuff flour, manufactured of tobacco, ground dry, or damp, and pickled, scented, or otherwise, of all descriptions, fifty-five cents per pound. Cigarsan ci gha- 224. Cigars, cigarettes, cheroots of all kinds, four rettes, and che.- YI roots.' dollars and fifty cents per pound and twenty-five per centum ad valorem, and paper cigars and cigarettes, including wrappers, shall be subject to the same duties as are herein imposed upon cigars. SCHEDULE G. SCHEDULE G.-AGRICULTURAL PRODUCTS AND Agricul tural products and pro- PROVISIONS. visions. Cattle. 225. Cattle, if less than one year old, two dollars per head; all other cattle if valued at not more than fourteen dollars per head, three dollars and seventy-five cents per head; if valued at more than fourteen dollars per head, twenty-seven and one-half per centum ad valorem. Swine. 226. Swine, one dollar and fifty cents per head. Horses8 and 227. Horses and mules, valued at one hundred and mules. fifty dollars or less per head, thirty dollars per head; if valued at over one hundred and fifty dollars, twenty-five per centum ad valorem. Sheep. 228. Sheep, one year old or over, one dollar and fifty cents per head; less than one year old, seventy-five cents animals, per head. other aimal 229. All other live animals, not specially provided for in this section, twenty per centum ad valorem. Barley. 230. Barley, thirty cents per bushel of forty-eight pounds. 231. Barley malt, forty-five cents per bushel of thirtyfour pounds. 232. Barley, pearled, patent, or hulled, two cents per pound. Broom corn. 233. Broom corn, three dollars per ton. Buckwheat. 234. Buckwheat, fifteen cents per bushel of forty-eight pounds; buckwheat flour, twenty-five per centum ad valorem. corn. 235. Corn or maize, fifteen cents per bushel of fifty-six pounds. 236. Corn meal, forty cents per one hundred pounds. Macaroni, etc. 237. Macaroni, vermicelli, and all similar preparations, one and one-half cents per pound. Oats. 238. Oats, fifteen cents per bushel. 239. Oatmeal and rolled oats, one cent per pound; oat hulls, ten cents per hundred pounds. Riaw 240. Rice, cleaned, two cents per pound; uncleaned rice, or rice free of the outer hull and still having the inner cuticle on, one and one-fourth cents per pound; rice flour, and rice meal, and rice broken which will pass NONCONTIGUOUS TERRITORY AND CUBA. 263 through a number twelve wire sieve of a kind prescribed by the Secretary of the Treasury, one-fourth of one cent per pound; paddy, or rice having the outer hull on, three fourths of one cent per pound. 241. Rye, ten cents per bushel; rye flour, one-half of Ry& one cent per pound. 242. Wheat, twenty-five cents per bushel. Wheat. 243. Wheat flour, and semolina, twenty-five per centum ad valorem. 244. Biscuits, bread, wafers, and similar articles, not Bcueta. specially provided for in this section, twenty per centum ad valorem; biscuits, wafers, cakes, and other baked articles, by whatever name known, composed in whole or in part of eggs, or any kind of flour or meal, or other material, when sweetened with sugar, honey, molasses, or other material, or combined with chocolate, nuts, fruit, or confectionery of any kind, or both so sweetened and combined, and without regard to the component material of chief value, valued at fifteen cents per pound or less, three cents per pound and fifteen per centum ad valorem; valued at more then fifteen cents per pound, fifty per centum ad valorem. 245. Butter and substitutes therefor, six cents per Buttr-. pound. 246. Cheese, and substitutes therefor, six cents per Cheese. pound. 247. Milk, fresh, two cents per gallon; cream, five cents Mlk. per gallon. 248. Milk, preserved or condensed, or sterilized by heating or other processes, including weight of immediate coverings, two cents per pound; sugar of milk, five cents per pound. 249. Beans, forty-five cents per bushel of sixty pounds. Beans 250. Beets, twenty-five per centum ad valorem; sugar Beets. beets, ten per centum ad valorem. 251. Beans, pease, mushrooms, and truffles, prepared paBre etctP or preserved, or contained in tins, jars, bottles, or similar packages, two and one-half cents per pound, including the weight of immediate coverings; mushrooms, cut, sliced, or dried, in undivided packages containing not less than five pounds, two and one-half cents per pound. 252. Vegetables, if cut, sliced, or otherwise reduced in Vegletable, size, or if parched or roasted, or if pickled, or packed in etc. salt, brine, oil, or prepared in any way; any of the foregoing not specially provided for in this section, and bean stick or bean cake, miso, and similar products, forty per centum ad valorem. 253. Pickles, including pickled nuts, sauces of all kinds, Picles. not specially provided for in this section, and fish paste or sauce, forty per centum ad valorem. 254. Cabbages, two cents each. Cabbages 255. Cider, five cents per gallon. Cider. 256. Eggs, not specially provided for in this section, EgW five cents per dozen. 264 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 257. Eggs, dried, fifteen cents per pound; eggs, yolk of, twenty-five per centum ad valorem; albumen, egg or blood, three cents per pound; dried blood, when soluble, one and one-half cents per pound. Hay. 258. Hay, four dollars per ton. Honey. 259. Honey, twenty cents per gallon. Hops. 260. Hops, sixteen cents per pound; hop extract and lupulin, fifty per centum ad valorem. oions. 261. Onions, forty cents per bushel of fifty-seven pounds; garlic, one cent per pound. Pease. 262. Pease, green, in bulk or in barrels, sacks, or similar packages, twenty-five cents per bushel of sixty pounds; seed pease, forty cents per bushel of sixty pounds; pease, dried, not specially provided for in this section, twentyfive cents per bushel; split pease, forty-five cents per bushel of sixty pounds; pease in cartons, papers, or other small packages, one cent per pound. Flowers,plants, 263. Orchids, palms, azaleas, and all other decorative bulbs, etc. or greenhouse plants and cut flowers, preserved or fresh, twenty-five per centum ad valorem; lily of the valliy pips, tulip, narcissus, begonia, and gloxinia bulbs, one dollar per thousand; hyacinth, astilbe, dielytra, and lily of the valley clumps, two dollars and fifty cents per thousand; lily bulbs and calla bulbs, five dollars per thousand; peony, Iris Kwempferii or Germanica, canna, dahlia, and amaryllis bulbs, ten dollars per thousand; all other bulbs, bulbous roots or corms which are cultivated for their flowers or foliage, fifty cents per thousand. Cuttings, rose, 264. Stocks, cuttings, or seedlings of Myrobolan plum, fruit trees, etc. Mahaleb or Mazzard cherry, Manetti multiflora and briar rose, three years old or less, one dollar per thousand plants; stocks, cuttings, or seedlings of pear, apple, quince and the Saint Julien plum, three years old or less, two dollars per thousand plants; rose plants, budded, grafted, or grown on their own roots, four cents each; stocks, cuttings and seedlings of all fruit and ornamental trees, deciduous and evergreen shrubs and vines, and all trees, shrubs, plants, and vines commonly known as nursery or greenhouse stock, not specially provided for in this section, twenty-five per centum ad valorem. Potatoes. 265. Potatoes, twenty-five cents per bushel of sixty pounds. s e e d s, vege- 266. Seeds: Castor beans or seeds, twenty-five cents per tableet bushel of fifty pounds; flaxseed or linseed and other oil seeds not specially provided for in this section, twentyfive cents per bushel of fifty-six pounds; poppy seed, fifteen cents per bushel; mushroom spawn, and spinach seed, one cent per pound; beet, except sugar beet, carrot, corn salad, parsley, parsnip, radish, turnip and ruta-baga seed, four cents per pound; cabbage, collard, kale and kohl-rabi seed, eight cents per pound; egg plant and pepper seed, twenty cents per pound; seeds of all kinds not specially provided for m this section, ten cents per pound. NONCONTIGUOUS TERRITORY AND CUBA. 265 267. Straw one dollar and fifty cents per ton. Straw. 268. Teazels, thirty per centum ad valorem. Teazels. 269. Vegetables in their natural state, not specially Vegetables provided for in this section, twenty-five per centum ad valorem. 270. Fish (except shellfish) by whatever name known, Fish, packed. packed in oil, in bottles, jars, kegs, tin boxes, or cans, shall be dutiable as follows: When in packages containing seven and one-half cubic inches or less, one and onehalf cents per bottle, jar, keg, box, or can; containing more than seven and one-half and not more than twentyone cubic inches, two and one-half cents per bottle, jar, keg, box, or can; containing more than twenty-one and not more than tliirtv-three cubic inches, five cents per.bottle, jar, keg, box, or can; containining more than thirty-three and not more than seventy cubic inches, ten cents per bottle, jar, keg, box, or can; all other fish (except shellfish) in tin packages, thirty per centum ad valorem; fish in packages, containing less than one-half barrel, and not specially provided for in this section, thirty per centum ad valorem; caviar, and other preserved roe of fish, thirty per centum ad valorem. 271. Fresh-water fish not specially provided for in this Fresh-water section, one-fourth of one cent per pound. fsh. 272. Herrings, pickled or salted, smoked or kippered, Herring, eels, one-half of one cent per pound; herrings, fresh, one-andsmelt. fourth of one cent per pound; eels and smelts, fresh or frozen, three-fourths of one cent per pound. 273. Fish, fresh, smoked, dried, salted, pickled, frozen, Fish, fresh, packed in ice or otherwise prepared for preservation, not smoked, etc. specially provided for in this section, three-fourths of one cent per pound; fish, skinned or boned, one and one-fourth cents per pound; mackerel, halibut, or salmon, fresh, pickled, or salted, one cent per pound. 274. Apples, peaches, quinces, cherries, plums, and Fruit pears, green or ripe, twenty-five cents per bushel; berries, edible, in their natural condition, one cent per quart; cranberries, twenty-five per centum ad valorem; all edible fruits, including berries, when dried, desiccated, evaporated, or prepared in any manner, not specially provided for in this section, two cents per pound; comfits, sweetmeats, and.fruits of all kinds preserved or packed in sugar, or having sugar added thereto, or preserved or packed in molasses, spirits, or their own juices, if containing no alcohol, or containing not over ten per centum of alcohol one cent per pound and thirty-five per centum ac valorem; if containing over ten per centum of alcohol and not specially provided for in this section, thirty-five per centum ad valorem and in addition two dollars and fifty cents per proof gallon on the alcohol contained therein in excess of ten per centum; jellies of all kinds, thirty-five per centum ad valorem; pineapples preserved in their own juice, not having sugar, spirits, or molasses added thereto, twenty-five per centum ad valorem. 266 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fli gsetraisins, 275. Figs, two and one-half cents per pound; plums prunes, and prunelles, two cents per pound; raisins and other dried grapes, two and one-half cents per pound; dates, one per cent per pound; currants, Zante or other, two cents per pound; olives, in bottles, jars, kegs, tins, or other packages, containing less than five gallons each, twenty-five cents per gallon; otherwise, fifteen cents per gallon. Grapes. 276. Grapes in barrels or other packages, twenty-five cents per cubic foot of capacity of barrels or packages. oan s or- 277. Lemons, one and one-half cents per pound; oranges, limes, grape fruit, shaddocks, or pomelos, one cent per pound. Orange pe el, 278. Orange peel or lemon peel, preserved, candied, or dried, and cocoanut meat or copra desiccated, shredded cut, or similarly prepared, two cents per pound; citron or citron peel, preserved, candied, or dried, four cents per pound. Pineapples 279. Pineapples, in barrels and other packages, eight cents per cubic foot of the capacity of barrels or packages; in bulk, eight dollars per thousand. Almonds, etc. 280. Almonds, not shelled, four cents per pound; clear almonds, shelled, six cents per pound; apricot and peach kernels, four cents per pound. Filberts and 281. Filberts and walnuts of all kinds, not shelled walnts. three cents per pound; shelled, five cents per pound. Peanuts. 282. Peanuts or ground beans, unshelled, one-half of one cent per pound; shelled, one cent per pound. Nuts, notspeci- 283. Nuts of all kinds, shelled or unshelled, not specially provided for in this section, one cent per pound; but no allowance shall be made for dirt or other impurities in nuts of any kind, shelled or unshelled. Bacon and 284. Bacon and hams, four cents per pound. harsh meat. 285. Fresh beef, veal, mutton, lamb, pork, and venison and other game, except birds, one and one-half cents per pound. P r served 286. Meats of all kinds, prepared or preserved, not meat. specially provided for in this section, twenty-five per centum ad valorem. Extract of 287. Extract of meat, not specially provided for in this mea section, thirty-five cents per pound; fluid extract of meat, fifteen cents per pound, but the dutiable weight of the extract of meat and of the fluid extract of meat shall not include the weight of the packages in which the same is imported. Lard 288. Lard, one and one-half cents per pound. Poultry. 289. Poultry, live, three cents per pound; dead, five cents per pound. Tallow, etc. 290. Tallow, one-half of one cent per pound; wool grease, including that known commercially as degras or brown wool grease, crude and not refined, or improved in value or condition, one-fourth of one cent per pound; refined, or improved in value or condition, and not spe NONCONTIGUOUS TERRITORY AND CUBA. 267 cialy provided for in this section, one-half of one cent per pound. 291. Chicory root, raw, dried, or undried, but un- Chicorroot. ground, one and one-half cents per pound; chicory root, burnt or roasted, ground or granulated, or in rolls, or otherwise prepared, and not specially provided for in this section, three cents per pound. 292. Chocolate and cocoa, prepared or manufactured, Chocolate and not specially provided for in this section, valued at not over fifteen cents per pound, two and one-half cents per pound; valued above fifteen and not above twenty-four cents per pound, two and one-half cents per pound and ten per centum ad valorem; valued above twenty-four and not above thirty-five cents per pound, five cents per pound and ten per centum ad valorem; valued above thirty-five cents per pound, fifty per centum ad valorem. The weight and value of all coverings, other than plain wooden, shall be included in the dutiable weight and value of the foregoing merchandise; powdered cocoa, unsweetned, five cents per pound. 293. Cocoa butter or cocoa butterine, refined deodor- Ccoa butter. ized cocoanut oil, and all substitutes for cocoa butter, three and one-half cents per pound. 294. Dandelion root and acorns prepared, and articles Coffee substi. used as coffee, or as substitutes for coffee not specially tt provided for in this section, two and one-half cents per pound. 295. Salt in bags, sacks, barrels, or other packages, Salt. eleven cents per one hundred pounds; in bulk, seven cents per one hundred pounds: Provided, That imported salt Peo,,n o Remiss i o n of in bond may be used in curing fish taken by vessels duty, if used in licensed to engage in the fisheries and in curing fish on curmngish. the shores of the navigable waters of the United States under such regulations as the Secretary of the Treasury shall prescribe; and upon proof that the salt has been used for either of the purposes stated in this proviso, the duties on the same shall be remitted: Provided further, That exporters of meats, whether packed or smoked, Drawbackused which have been cured in the United States with im- meats. ported salt, shall, upon satisfactory proof, under such regulations as the Secretary of the Treasury shall prescribe, that such meats have been cured with imported salt, have refunded to them from the Treasury the duties paid on the salt so used in curing such exported meats, in amounts not less than one hundred dollars. 296. Starch, made from potatoes, one and one-half starch cents per pound; all other starch, including all preparations from whatever substance produced, fit for use as starch, one cent per pound. 297. Dextrine, dextrine substitutes, soluble starch or Dextrine, e chemically treated starch, burnt starch, gum substitute, or British gum, one and one-half cents per pound. 298. Spices: Mustard, ground or prepared, in bottles Spices or otherwise. ten cents per pound; capsicum or red 268 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pepper, or cayenne pepper, two and one-half cents per pound; sage, one cent per pound; spices not specially provided for in this section three cents per pound. Vinear. 299. Vinegar, seven and one-half cents per proof gallon. The standard proof for vinegar shall be taken tc be that strength which requires thirty-five grains of bicarbonate of potash to neutralize one ounce troy of vinegar. SCMTUL Ies SCHEDULE H.-SPIRITS, WINES, AND OTHER BEVERAGES. and other bevergesirit. 300. Brandy and other spirits manufactured or distilled from grain or other materials, and not specially provided for in this section, two dollars and sixty cents per proof gallon. pDteerining 301. Each and every gauge or wine gallon of measurement shall be counted as at least one proof gallon; and the standard for determining the proof of brandy and other spirits or liquors of any kind imported shall be the same as that which is defined in the laws relating to interAsert,ing n al revenue: Provided, That it shall be lawful for the Secproof by distil- retary of the Treasury, in his discretion, to authorize the lation, etc. ascertainment of the proof of wines, cordials, or other liquors, by distillation or otherwise, in cases where it is impracticable to ascertain such proof by the means preForfeitures. scribed by existing law or regulations: And provided further, That any brandy or other spirituous or distilled liquors imported in any sized cask, bottle, jug, or other packages, of or from any country, dependency, or province under whose laws similar sized casks, bottles, jugs, or other packages of distilled spirits, wine, or other beverage put up or filled inthe UnitedStates are denied entrance into such country, dependency, or province, shall be forfeited Minimum size. to the United States; and any brandy or other spirituous or distilled liquor imported in a cask of less capacity than ten gallons from any country shall be forfeited to the United States. Compounds. 302. On all compounds or preparations of which distilled spirits are a component part of chief value there shall be levied a duty not less than that imposed upon distilled spirits. Cordials, etc. 303. Cordials, liqueurs, arrack, absinthe, kirschwasser, ratafia, and other spirituous beverages or bitters of all kinds, containing spirits, and not specially provided for in this section, two dollars and sixty cents per proof gallon. Minimum rate. 304. No lower rate or amount of duty shall be levied, collected, and paid on brandy, spirits, and other spirituous beverages than that fixed by law for the description of t "rti* t e first proof; but it shall be increased in proportion for any greater strength than the strength of first proof, and all imitations of brandy or spirits or wines imported by any names whatever shall be subject to the highest rate of NONCONTIGUOUS TERRITORY AND CUBA. 269 duty provided for the genuine articles respectively intended to be represented, and in no case less than one dollar and seventy-five cents per gallon. 305. Bay rum or bay water, whether distilled or corn- Bay rum. pounded, of first proof, and in proportion for any greater strength than first proof, one dollar and seventy-five cents per gallon. 306. Champagne and all other sparkling wines, in bot- s pa rk ing 'ties containing each not more than one quart and more than one pint, nine dollars and sixty cents per dozen; containing not more than one pint each and more than onehalf pint, four dollars and eighty cents per dozen; containing one-half pint each or less, two dollars and forty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to nine dollars and sixty cents per dozen bottles, on the quantity in excess of one quart, at the rate of three dollars per gallon; but no separate or additional duty shall be levied on the bottles. 307. Still wines, including ginger wine or ginger cordial, Still wines vermuth, and rice wine or sake, and similar beverages not specially provided for in this section, in casks or packages other than bottles or jugs, if containing fourteen per centum or less of absolute alcohol, forty-five cents per gallon; if containing more than fourteen per centum of absolute alcohol, sixty cents per gallon. In bottles or jugs, per case of one dozen bottles or jugs, containing each not more than one quart and more than one pint, or twenty-four bottles or jugs containing each not more than one pint, one dollar and eighty-five cents per case; and any excess beyond these quantities found in such bottles or jugs shall be subject to a duty of six cents per pint or fractional part thereof, but no separate or additional duty shall be assessed on the bottles or jugs: Pro- Proiso. * 7 7 rm, *.... <Stronger wines. vided, That any wmes, ginger cordial, or vermuth imported containing more than twenty-four per centum of alcohol shall be classed as spirits and pay duty accordingly: And provided further, That there shall be no N o allowance constructive or other allowance for breakage, leakage, or damage on wines, liquors, cordials, or distilled spirits. Wines, cordials, brandy, and other spirituous liquors, Packages. including bitters of all kinds, and bay rum or bay water, imported in bottles or jugs, shall be packed in packages containing not less than one dozen bottles or jugs in each package, or duty shall be paid as if such package contained at least one dozen bottles or jugs, and in addition thereto, duty shall be collected on the bottles or jugs at the rates which would be chargeable thereon if imported empty. The percentage of alcohol in wines and fruit juices shall be determined in such manner as the Secretary of the Treasury shall by regulation prescribe. 308. Ale, porter, stout, and beer, in bottles or jugs, Ale, beer, etc forty-five cents per gallon, but no separate or additional duty shall be assessed on the bottles or jugs; otherwise than in bottles or jugs, twenty-three cents her gallon. 270 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. at extract. 309. Malt extract, fluid, in casks, twenty-three cents per gallon; in bottles or jugs, forty-five cents per gallon; solid or condensed, fort-five per centum ad valorem. FuitjUcea. 310. Cherry juice and prune juice, or prune wine, and other fruit juices, and fruit sirup, not specially provided for in this section, containing no alcohol or not more than eighteen per centum of alcohol, seventy cents per gallon; if containing more than eighteen per centum of alcohol, seventy cents per gallon and in addition thereto two dollars and seven cents per proof gallon on the alcohol contained therein. Nonalcoholic 311. Ginger ale, ginger beer, lemonade, soda water, and other similar beverages containing no alcohol, in plain green or colored, molded or pressed, glass bottles, containing each not more than three-fourths of a pint, eighteen cents per dozen; containing more than threefourths of a pint each and not more than one and onehalf pints, twenty-eight cents per dozen; but no separate or additional duty shall be assessed on the bottles; if imported otherwise than in plain green or colored, molded or pressed, glass bottles, or in such bottles containing more than one and one-half pints each, fifty cents per gallon, and in addition thereto duty shall be collected on the bottles, or other coverings, at the rates which would be chargeable thereon if imported empty. Beverages not specially provided for containing not more than two per centum of alcohol shall be assessed for duty under this paragraph. Mineralwaters. 312. All mineral waters and all imitations of natural mineral waters, and all artificial mineral waters not specially provided for in this section, in bottles or jugs containing not more than one pint, twenty cents per dozen bottles; if containing more than one pint and not more than one quart, thirty cents per dozen bottles; if imported in bottles or in jugs containing more than one quart, twentyfour cents per gallon; if imported otherwise than in bottles or jugs, eight cents per gallon; and in addition thereto) on all of the foregoing, duty shall be collected upon the bottles or other containers at one-third of the rates that would be charged thereon if imported empty or separately. SCIEDULE I. SCHEDULE I.-COTTON MANUFACTURES. Cotton manufactures. Thread and 313. Cotton thread and carded yarn, warps or warp yan yarn, in singles, whether on beams or in bundles, skeins, or cops, or in any other form, except spool thread of cotton, crochet, darning, and embroidery cottons, hereinafter provided for, not colored, bleached, dyed, or advanced beyond the condition of singles by grouping or twisting two or more single yarns together, two and one-half cents per pound on all numbers up to and including number fifteen, one-sixth of a cent per number per pound on all numbers exceeding number fifteen and up to and including number thirty, and one-fifth of a cent per number per NONCONTIGUOUS TERRITORY AND CUBA. 271 pound on all numbers exceeding number thirty: Pro- Provisos. vided, That none of the foregoing shall pay a less rate of bleace'd,et e. duty than fifteen per centum ad valorem; colored, bleached, dyed, combed, or advanced beyond the condition of singles by grouping or twisting two or more single yarns together, whether on beams, or in bundles, skeins, or cops, or in any other form, except spool thread of cotton, crochet, darning, and embroidery cottons, hereinafter provided for, six cents per pound on all numbers up to and including number twenty-four, and on all numbers exceeding number twenty-four and up to number eighty, one-fourth of one cent per number per pound; on number eighty and up to number two hundred, threetenths of one cent per number per pound; on number two hundred and above, sixty cents per pound, and onetenth of one cent per number per pound additional for every number in excess of number two hundred; cablelaid yarns or threads, made by grouping or twisting two or more grouped or twisted yarns or threads together, not colored, bleached, or dyed, four-tenths of one cent per number per pound; colored, bleached, or dyed, ninetwentieths of one cent per number per pound: Provided Minimum, further, That said threads and yarns, colored, bleached bleached etc. dyed, combed, advanced beyond the condition of singles, and cable-laid yarns or threads, as hereinbefore provided, except those (other than cable-laid threads and yarns) finer than number one hundred and forty shall not pay a less rate of duty than twenty per centum ad valorem: And providedfurther, That all the foregoing threads and Mercerized. yarns as hereinbefore provided, when mercerized or subjected to any similar process, shall pay, in addition to the foregoing specific rates of duty, one-fortieth of one cent per number per pound; cotton card laps, roping, sliver, or roving, thirty-five per centum ad valorem. Cotton waste and waste and flocks, manufactured or otherwise advanced flocks. in value, twenty per centum ad valorem. 314. Spool thread of cotton, crochet, darning,-and em- Spool thread, broidery cottons, on spools, reels, or balls, containing on etc. each spool, reel, or ball, not exceeding one hundred yards of thread, six cents per dozen; exceeding one hundred yards on each spool, reel, or ball, for every additional hundred yards or fractional part thereof in excess of one hundred, six cents per dozen spools, reels, or balls; if in skeins, cones or tubes, containing less than six hundred yards each, one-half of one cent for each one hundred yards or fractional part thereof: Provided, That in no case shall Provios. the duty be assessed upon a less number of yards than is Assssment marked on the spools, reels, cones, tubes, skeins, or balls: And provided further, That none of the foregoing shall Minimum. pay a less rate of duty than twenty per centum ad valorem. 315. Cotton cloth, valued at not over seven cents per Clothee square yard, not bleached, dyed, colored, stained, 50 threads tothe painted, or printed, and not exceeding fifty threads to the inch 28872~-S. Doc. 306, 62-2 -20 272 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. square inch, counting the war and filling, one cent per square yard; if bleached, and valued at not over nine cents per square yard, one and one-fourth cents per square yard; if dyed, colored, stained, painted, or printed, and valued at not over twelve cents per square yard, two cents per sq~uare yard; cotton cloth, not bleached, dyed, colored stained, painted, or printed, exceeding fifty~ and Not exceeding not exceeding one hundred threads to the sqaeinch, 100 threads to the.sur inch. counting the warp and filling, and valued at not over seven cents per square yard, not exceeding six square yards to the pound, one and one-fourth cents per square yard; exceeding six and not exceeding nine square yards to the pound, one and one-half cents per square yard; exceeding nine square yards to the pound, one and threefourths cents per square yard; cotton cloth, not bleached, dyed, colored, stained, painted, or printed, not exceeding one hundred threads to the square inch, counting the wvarp and filling, and valued at over seven and not over nine cents per square yard, two and one-fourth cents per square yard; valued at over nine and not over ten cents per square yard, two and three-fourths cents per square yard;- valued at over ten and not over twelve and onehaf 'cents per square yard, four cents per square yard; valu'ed at over twelve and one-half and not over fourteen cents per square yard, five cents per square yard; valued at over fourteen cents per square yard, six cents per square yard, but not less than. twenty-five per centum ad valorem; cotton cloth, exceeding fifty and not exceeding one hundred threads to the square inc, counting the warp and filling, if bleached, and valued at not over nine cents per is uare yard, not exceeding six square yards to the p ouni, one and one-half cents per square yard; exceeding six and not exceeding nine square yards to the pound, one and three-fourths cents per square yard; exceeding nine square yards to the pound, two and one-fourth cents per square yard; cotton cloth, not exceeding one hundred threads -to the square inch, counting the warp and filling, if bleached, and valued at over nine and not over eleven cents per square yard, two and three-fourths cents per square yard; valued at over eleven and not over twelve cents per square yard, four cents per square yard; valued at over twelve and not over fifteen cents per square yard, five cents per square yard; valued at over fifteen and not over sixteen cents per square yard, six cents per square yard; valued at over sixteen cents per square yard, seven cents per square yard, but not less than twen~ty-five per centum ad valorem; cotton cloth, exceeding fifty and not exceeding one hundred threads to the square inch, counting the warp and filling, if dyed, colored, stained, painted or printed, and valued at not over twelve cents per square yard, not exceeoling six square yards to the pound, two and three-fourth's cents per square yard; exceeding six and not exceeding nine square yards to the -pound, three and one-fourth cents per square NONCONTIGUOUS TERRITORY AND CUBA. 273 yard; exceeding nine square yards to the pound, three and one-half cents per square yard; cotton cloth, not exceeding one hundred threads to the square inch, counting the warp and filling, if dyed, colored, stained, painted, or printed, and valued at over twelve and not over twelve and one-half cents per square yard, three and threefourths cents per square yard; valued at over twelve and one-half and not over fifteen cents per square yard, five cents per square yard; valued at over fifteen and not over seventeen and one-half cents per square yard, six and one-half cents per square yard; valued at over seventeen and one-half and not over twenty cents per square yard, seven and one-half cents per square yard; valued at over twenty cents per square yard, nine cents per square yard, but not less than thirty per centum ad valorem. 316. Cotton cloth, not bleached, dyed, colored, stained, cloth. Not exceeding painted, or printed, exceeding ohe hundred and not 15 threads. exceeding one hundred and fifty threads to thesquareinch, counting the warp and filling, and not exceeding four square yards to the pound, one and one-half cents per square yard; exceeding four and not exceeding six square yards to the pound, two cents per square yard; exceeding six and not exceeding eight square'yards to the pound, two and one-half cents per square yard; exceeding eight square yards to thepound, two and three-fourthscents per square yard; any of the foregoing valued at over nine and not over ten cents per square yard, three cents per square yard; valued at over ten but not over twelve and one-half cents per square yard, four and three-eighths cents per square yard; valued at over twelve and one-half and not over fourteen cents per square yard, five and onehalf cents per square yard; valued at over fourteen and not over sixteen cents per square yard, six and one-half _ cents per square yard; valued at over sixteen cents per square yard, eight cents per square yard, but not less than thirty per centum ad valorem; if bleached, and not exceeding four square yards to the pound, two and onehalf cents per square yard; exceeding four and not exceeding six square yards to the pound, three cents per square yard; exceeding six and not exceeding eight square yards to the pound, three and one-half cents per square yard; exceeding eight square yards to the pound, three and three-fourths cents per square yard; any of the foregoing, bleached, and valued at over eleven and not over twelve cents per square yard, four and one-fourth cents per square yard; valued at over twelve and not over fifteen cents per square yard, five and one-fourth cents per square yard; valued at over fifteen and not over sixteen cents per square yard, six and one-half cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty cents per square yard, ten cents per square yard, but not less than thirty-five per centum ad valorem; if 274 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dyed, colored, stained, painted, or printed, and not exceeding four square yards to the pound, three and onehalf cents per square yard; exceeding four and not exceeding six square yards to the pound, three and threefourths cents per square yard; exceeding six and not exceeding eight square yards to the pound, four and onefourth -cents per square yard; exceeding eight square yards to the pound, four and one-half cents per square yard; any of the foregoing, dyed, colored, stained, painted, or printed, and valued at over twelve and onehalf but not over fifteen cents per square yard, five and one-fourth cents per square yard; valued at over fifteen and not over seventeen and one-half cents per square yard, seven cents per square yard; valued at over seventeen and one-half but not over twenty cents per square yard, eight cents per square yard; valued at over twenty cents per square yard, ten cents per square yard but not less than thirty-five per centum ad valorem. otexeeding 317. Cotton cloth, not bleached, dyed, colored, stained, sa threds. painted, or printed, exceeding one hundred and fifty and not exceeding two hundred threads to the square inch, counting the warp and filling, and not exceeding three and one-half square yards to the pound, two cents per square yard; exceeding three and one-half and not exceeding four and one-half square yards to the pound, two and three-fourths cents per square yard; exceeding four and one-half and not exceeding six square yards to the pound, three cents per square yard; exceeding six square yards to the pound, three and one-half cents per square yard; any of the foregoing valued at over ten and not over twelve and one-half cents per square yard, four and three-eighths cents per square yard; valued at over twelve and one-half and not over fourteen cents per square yard, five and one-half cents per square yard; valued at over fourteen and not over sixteen cents per square yard, six and one-half cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty cents per square yard, ten cents per square yard, but not less than thirty-five per centum ad valorem; if bleached, and not exceeding three and one-half square yards to the pound, two and three-fourths cents per square yard; exceeding three and one-half and not exceeding four and one-half square yards to the pound, three and one-half cents per square yard; exceeding four and one-half and not exceeding six square yards to the pound, four cents per square yard; exceeding six square yards to the pound, four and one-fourth cents per square yard; any of the foregoing bleached, and valued at over twelve and not over fifteen cents per square yard, five and one-fourth cents per-square yard; valued at over fifteen and not over sixteen cents per square yard, six and onehalf cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square NONCONTIGUOUS TERRITORY AkD CUBA. 275 yard; valued at over twenty cents per square yard, ten cents per square yard, but not less than thirty-five per centum ad valorem; if dyed, colored, stained, painted, or printed, and not exceeding three and one-half square yards to the pound, four and one-fourth cents per square yard; exceeding three and one-half and not exceeding four and one-half square yards to the pound, four and onehalf cents per square yard; exceeding four and one-half and not exceeding six square yards to the pound, four and three-fourths cents per square yard; exceeding six square yards to the pound, five cents per square yard; any of the foregoing, dyed, colored, stained, painted, or printed, and valued at over twelve and one-half and not over fifteen cents per square yard, six cents per square yard; valued at over fifteen and not over seventeen and one-half cents per square yard, seven cents per square yard; valued at over seventeen and one-half and not over twenty cents per square yard, eight cents per square yard; valued at over twenty cents per square yard, ten cents per square yard but not less than forty per centum ad valorem. 318. Cotton cloth not bleached, dyed, colored, stained, Cothe painted, or printed, exceeding two hundred and not ex- 300 threads. ceeding three hundred threads to the square inch, counting the warp and filling, and not exceeding two and onehalf square yards to the pound, three and one-half cents per square yard; exceeding two and one-half and not exceeding three and one-half square yards to the pound, four cents per square yard; exceeding three and one-half and not exceeding five square yards to the pound, four and one-half cents per square yard; exceeding five square yards to the pound, five cents per square yard; any of the foregoing valued at over twelve and one-half and not over fourteen cents per square yard, five and one-half cents per square yard; valued at over fourteen and not over sixteen cents per square yard, six and one-half cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty cents per square yard, ten cents per square yard, but not less than forty per centum ad valorem; if bleached, and not exceeding two and one-half square yards to the pound, four and one-half cents per square yard; exceeding two and one-half and not exceeding three and one-half square yards to the pound, five cents per square yard; exceeding three and one-half and not exceeding five square yards to the pound, five and one-half cents per square yard; exceeding five square yards to the pound, six cents per square yard; any of the foregoing, bleached, and valued at over fifteen and not over sixteen cents per square yard, six and one-half cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty and not over twenty-five cents per square yard, eleven and one-fourth cents per square yard; valued at over twenty-five cents per square yard, twelve 276 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. and one-half cents per square yard, but not less than forty per centum ad valorem; if dyed, colored, stained, painted, or printed, and not exceeding three and one-half square yards to the pound, six and one-fourth cents per square yard; exceeding three and one-half square yards to the pound, seven cents per square yard; any of the foregoing, dyed, colored, stained, painted, or printed, and valued at over seventeen and one-half and not over twenty cents per square yard, eight cents per square yard; valued at over twenty and not over twenty-five cents per square yard, eleven and one-fourth cents per square yard; valued at over twenty-five cents per square yard, twelve and one-half cents per square yard, but not less than forty per centum ad valorem. lotedin 300319. Cotton cloth not bleached, dyed, colored, stained, hreads, painted, or printed, exceeding three hundred threads to the square inch, counting the warp and filling, and not exceeding two square yards to the pound, four cents per square yard; exceeding two and not exceeding three square yards to the pound, four and one-half cents per square yard; exceeding three and not exceeding four square yards to the pound, five cents per square yard; exceeding four square yards to the pound, five and onehalf cents per square yard; any of the foregoing valued at over fourteen and not over sixteen cents per square yard, six and one-half cents per square yard; valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty and not over twenty-five cents per square yard, eleven and one-fourth cents per square yard; valued at over twentyfive cents per square yard, twelve and one-half cents per square yard, but not less than forty per centum ad valorem; if bleached and not exceeding two square yards to the pound, five cents per square yard; exceeding two and not exceeding three square yards to the pound, five and one-half cents per square yard; exceeding three and not exceeding four square yards to the pound, six cents per square yard; exceeding four square yards to the pound, six and one-half cents per square yard; any of the foregoing, bleached, and valued at over sixteen and not over twenty cents per square yard, eight cents per square yard; valued at over twenty and not over twentyfive cents per square yard, eleven and one-fourth cents per square yard; valued at over twenty-five cents per square yard, twelve and one-half cents per square yard, but not less than forty per centum ad valorem; if dyed, colored, stained, painted, or printed, and not exceeding three squae yards to the pound, six and one-half cents per square yard; exceeding three square yards to the pound, eight cents per yard; any of the foregoing, dyed, colored, stained, painted, or printed, and valued at over twenty and not over twenty-five cents per square yard, eleven and one-fourth cents per square yard; valued at over twenty-five cents per square yard, twelve and one NONCONTIGUOUS TERRITORY AND CUBA. 277 half cents per square yard, but not less than forty per centum ad valorem. 320. The term cotton cloth, or cloth, wherever used in Cloth defined. the paragraphs of this schedule, unless otherwise specially provided for, shall be held to include all woven fabrics of cotton in the piece or cut in lengths, whether figured, fancy, or plain, the warp and filling threads of which can be counted by unraveling or other practicable means, and shall not include any article, finished or unfinished, made from cotton cloth. In determining the count of threads c a u n t oi to the square inch in cotton cloth, all the warp and filling s threads, whether ordinary or other than ordinary, and whether clipped or unclipped, shall be counted. In the Wlight and ascertainment of the weight and value, upon which the duties, cumulative or other, imposed upon cotton cloth are made to depend, the entire fabric and all parts thereof, and all the threads of which it is composed, shall be included. The terms bleached, dyed, colored, stained, Application of mercerized, painted, or printed, wherever applied to cotton cloth in this schedule, shall be taken to mean respectively all cotton cloth which either wholly or in part has been subjected to any of these processes, or which has any bleached, dyed, colored, stained, mercerized, painted, or printed threads in or upon any part of the fabric. 32J. Cloth, composed of cotton or other vegetable fiber Cloth of cotton and silk, whether known as silk-striped sleeve linings,bers. silk stripes, or otherwise, of which cotton or other vegetable fiber is the component material of chief value, eight cents per square yard and thirty per centum ad valorem: Provided, That no such cloth shall pay a less Pit~ov. rate of duty than fifty per centum ad valorem. Cotton Filled cloths, cloth filled or coated, all oilcloths (except silk oilcloths etc. and oilcloths for floors), and cotton window Hollands, three cents per square yard and twenty per centum ad valorem; tracing cloth, five cents per square yard and twenty per centum ad valorem. 322. Handkerchiefs or mufflers composed of cotton, Handkerchle fs whether in the piece or otherwise and whether finished an mers. or unfinished, if not hemmed, or hemmed only, shall pay the same rate of duty on the cloth contained therein as is imposed on cotton cloth of the same description, weight, and count of threads to the square inch; but such handkerchiefs or mufflers shall not pay a less rate of duty than forty-five per centum ad valorem. If such handkerchiefs or mufflers are hemstitched, or imitation hemstitched, or revered, or have drawn threads, they shall pay a duty of ten per centum ad valorem in addition to the duty hereinbefore prescribed, and in no case less than fifty-five per centum ad valorem; if such handkerchiefs or mufflers are embroidered in any manner, whether with an initial letter, monogram, or otherwise, by hand or machinery, or are tamboured, appliqueed, or trimmed wholly or in part with lace or with tucking or insertion, they shall not pay a less rate of duty than sixty per centum ad valorem. 278 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Camulativedu- 323. In addition to the duty or duties imposed upon cotton cloth by the various provisions of this section, there shall be paid the following cumulative duties, the intent of this paragraph being to add such duty or duties to those to which the cotton cloth would be liable if the provisions Figured, etc., of this paragraph did not exist, namely: On all cotton * cloth in which other than the ordinary warp and filling threads are used to form a figure or fancy effect, whether known as lappets or otherwise, one cent per square yard if valued at not more than seven cents per square yard, and two cents per square yard if valued at more than Mercerized. seven cents per square yard; on all cotton cloth mercerized or subjected to any similar process, one cent per square yard. clothing. 324. Clothing, ready-made, and articles of wearing apparel of every description, composed of cotton or other vegetable fiber, or of which cotton or other vegetable fiber is the component material of chief value, made up or manufactured, wholly or in part, by the tailor, seamstress, or manufacturer, and not otherwise provided for in this section, fifty per centum ad valorem. Pile fabrics, 325. Plushes, velvets, velveteens, corduroys, and all plushes, velvets, etc. ' pile fabrics, cut or uncut, whether or not the pile covers the entire surface; any of the foregoing composed of cotton or other vegetable fiber, except flax, not bleached, dyed, colored, stained, painted, or printed, nine cents per square yard and twenty-five per centum ad valorem; if bleached, dyed, colored, stained, painted, or printed, twelve cents per square yard and twenty-five per centum Corduroys. ad valorem: Provided, That corduroys composed of cotton or other vegetable fiber, weighing seven ounces or over per square yard, shall pay a duty of eighteen cents per square yard and twenty-five per centum ad valorem: Bias dress fac Provided further, That manufactures or articles in any, form including such as are commonly known as bias dress facings or skirt bindings, made or cut from plushes, velvets, velveteens, corduroys, or other pile fabrics composed of cotton or other vegetable fiber, shall be subject to the foregoing rates of duty and in addition thereto ten Minimum. per centum ad valorem: Provided Jurther, That none of the articles or fabrics provided for in this paragraph shall pay a less rate of duty than forty-seven and one-half per centum ad valorem. Curtains, etc. 326. Curtains, table covers, and all articles manufactured of cotton chenille, or of which cotton chenille is the component material of chief value, tapestries, and other Jacquard figured upholstery goods, weighing over six ounces per square yard, composed wholly or in chief value of cotton or other vegetable fiber; any of the foregoing, in the piece or otherwise, fifty per centum ad valorem. Stockings, hose, 327. Stockings, hose and half-hose, made on knitting machines or frames, composed of cotton or other vegeta NONCONTIGUOUS TERRITORY AND CUBA. 279 ble fiber, and not otherwise specially provided for in this section, thirty per centum ad valorem. 328. Stockings, hose and half-hose, selvedged, fashioned, narrowed, or shaped wholly or in part by knitting machines or frames, or knit by hand, including such as are commercially known as seamless stockings, hose and half-hose, and clocked stockings, hose and half-hose, all of the above composed of cotton or other vegetable fiber, finished or unfinished, valued at not more than one dollar per dozen pairs, seventy cents per dozen pairs; valued at more than one dollar per dozen pairs, and not more than one dollar and fifty cents per dozen pairs, eighty-five cents per dozen pairs; valued at more than one dollar and fifty cents per dozen pairs, and not more than two dollars per dozen pairs, ninety cents per dozen pairs; valued at more than two dollars per dozen pairs, and not more than three dollars per dozen pairs, one dollar and twenty cents per dozen pairs; valued at more than three dollars per dozen pairs, and not more than five dollars per dozen pairs, two dollars per dozen pairs; and in addition thereto, upon all the foregoing, fifteen per centum ad valorem; valued at more than five dollars per dozen pairs, fifty-five per centum ad valorem. Men's and boys' cotton gloves, knitted glns and boys or woven, valued at not more than six dollars per dozen pairs, fifty cents per dozen pairs and forty per centum ad valorem; valued at more than six dollars per dozen pairs, fifty per centum ad valorem. 329. Shirts and drawers, pants, vests, union suits, com- Unittwear, bination suits, tights, sweaters, corset covers and all underwear of every description made wholly or in part on knitting machines or frames, or knit by hand, finished or unfinished, not including stockings, hose and half-hose, composed of cotton or other vegetable fiber, valued at not more than one dollar and fifty cents per dozen, sixty cents per dozen and fifteen per centum ad valorem; valued at more than one dollar and fifty cents per dozen and not more than three dollars per dozen, one dollar and ten cents per dozen, and in addition thereto fifteen per centum ad valorem; valued at more than three dollars per dozen and not more than five dollars per dozen, one dolar and fifty cents per dozen, and in addition thereto twentyfive per centum ad valorem; valued at more than five dollars per dozen and not more than seven dollars per dozen, one dollar and seventy-five cents per dozen, and in addition thereto thirty-five per centum ad valorem; valued at more than seven dollars per dozen and not more than fifteen dollars per dozen, two dollars and twenty-five cents per dozen, and in addition thereto thirty-five per centum ad valorem; valued above fifteen dollars per dozen, fifty per centum ad valorem. 330. Bone casings, garters, tire fabric or fabric suitable Bone casng for use in pneumatic tires, suspenders and braces, and tubing, any of the foregoing made of cotton or other vege 280 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. table fiber, and india rubber, or of which cotton or other vegetable fiber is the component material of chief value, and not embroidered by hand or machinery, forty-five per centum ad valorem; spindle banding, woven, braided or twisted lamp, stove, or candle wicking made of cotton or other vegetable fiber, ten cents per pound and fifteen per centum ad valorem; loom harness, healds or collets made of cotton or other vegetable fiber, or of which cotton or other vegetable fiber is the component material of chief value, fifty cents per pound and twenty-five per centum ad valorem; boot, shoe, and corset lacings made of cotton or other vegetable fiber, twenty-five cents per pound and fifteen per centum ad valorem; labels, for garments or other articles, composed of cotton or other vegetable fiber, fifty cents per pound and thirty per centum ad valorem; belting or machinery made of cotton or other vegetable fiber and india rubber, or of which cotton or other vegetable fiber is the component material of chief value, thirty per centum ad valorem. Table damask. 331. Cotton table damask, forty per centum ad valorem; manufactures of cotton table damask or of which cotton table damask is the component material of chief value, not specially provided for in this section, forty per centum ad valorem. Artpicles not 332. All articles made from cotton cloth, whether finspecified. ished or unfinished, and all manufactures of cotton, or of which cotton is the component material of chief value, not specially provided for in this section, forty-five per centum ad valorem. SCrMDULE J SCHEDULE J.-FLAX, HEMP, AND JUTE, AND MANUFACFlax, hemp, jute, and manu- TURES OF. factures of. Flax 333. Flax straw, five dollars per ton. 334. Flax, not hackled or dressed, one cent per pound. 335. Flax, hackled, known as "dressed line," three cents per pound. 336. Tow of flax, twenty dollars per ton. Hemp. 337. Hemp, and tow of hemp, twenty-two dollars and fifty cents per ton; hemp, hackled, known as "line of hemp," forty-five dollars per ton. Jute yams. 338. Single yarns made of jute, not finer than five lea or number, one cent per pound and ten per centum ad valorem; if finer than five lea or number, thirty-five per centum ad valorem; yarns made of jute not otherwise specially provided for in this section, thirty-five per centum ad valorem. Cables and 339. Cables and cordage, composed of istle, Tampico cordage. fiber, manila, sisal grass or sunn, or a mixture of these or any of them, three-fourths of one cent per pound; cables and cordage made of hemp, tarred or untarred, two cents per pound. T h e a d s, 340. Threads, twines, or cords, made from yarn not twinesandcods finer than five lea or number, composed of flax, hemp, or NONCONTIGUOUS TERRITORY AND CUBA. 281 ramie, or of which these substances or either of them is the component material of chief value, ten cents per pound; if made from yarn finer than five lea or number, twelve cents per pound, and three-fourths of one cent per pound additional for each lea or number, or part of a lea or number, in excess of five. 341. Single yarns in the gray, made of flax, hemp, or Singleyars. ramie, or a mixture of any of them, not finer than eight lea or number, six cents per pound; finer than eight lea or number and not finer than eighty lea or number, forty per centum ad valorem; single yarns, made of flax, hemp, or ramie, or a mixture of any of them, finer than eighty lea or number, fifteen per centum ad valorem; ramie sliver or roving, thirty-five per centum ad valorem. 342. Flax gill nettings, nets, webs, and seines shall pay Flax gill net. the same duty per pound as is imposed in this schedule tings, etc. upon the thread, twine, or cord of.which they are made, and in addition thereto twenty per centum ad valorem. 343. Floor mattings, plain, fancy, or figured, manufac- Floormattings. tured from straw, round or split, or other vegetable substances, not otherwise provided for in this section, and having a warp of cotton, hemp, or other vegetable substance, including what are commonly known as China, Japan, and India straw matting, three and one-half cents per square yard. 344. Carpets, carpeting, mats and rugs made of flax, carpets, etc. hemp, jute, or other vegetable fiber (except cotton), valued at not exceeding fifteen cents per square yard, four cents per square yard and thirty per centum ad valorem; valued above fifteen cents per square yard, eight cents per square yard and thirty per centum ad valorem. 345. Hydraulic or flume hose, made in whole or in part Hose. of cotton, flax, hemp, ramie, or jute, fifteen cents per pound. 346. Tapes composed wholly or in part of flax, woven Tap. with or without metal threads, on reels, spools, or otherwise, and designed expressly for use in the manufacture of measuring tapes, forty per centum ad valorem. 347. Linoleum, corticene, and all other fabrics or Flfoor cov^rigs, covering for floors, made in part of oil or any similar product, plain, stamped, painted or printed, only, not specially provided for herein, if nine feet or under in width, eight cents per square yard and fifteen per centum ad valorem; over nine feet in width, twelve cents per square yard and fifteen per centum ad valorem; and any of the foregoing of whatever width, the composition of which forms designs or patterns, whether inlaid or otherwise, by whatever name known, and cork carpets, twenty cents per square yard and twenty per centum ad valorem; mats for floors made of oilcloth, linoleum, or corticene, shall be subject to the same rate of duty herein provided for oilcloth, linoleum, or corticene; oilcloth for floors, if 282 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. nine feet or less in width, six cents per square yard and fifteen per centum ad valorem; over nine feet in width, ten cents per square yard and fifteen per centum ad valorem; waterproof cloth composed of cotton or other vegetable fiber, whether composed in part of india rubber or otherwise, ten cents per square yard and twenty per centum ad valorem. Collars and 348. Shirt collars and cuffs, composed of cotton, fortyfive cents per dozen pieces and fifteen per centum ad valorem; composed in whole or in part of linen, forty cents per dozen pieces and twenty per centum ad valorem. L aceti icles, 349. Laces, lace window curtains, and all other lace articles; handkerchiefs, napkins, wearing apparel, and all other articles made wholly or in part of lace or laces, or in imitation of lace; nets, nettings, veils, veilings, neck rufflings, ruchings, tuckings, flutings, quillings, embroideries, trimmings, braids, feather-stitch braids, edgings, insertings, flouncings, galloons, gorings, bands, bandings, belts, beltings, bindings, cords, ornaments, ribbons, tapes, webs, and webbings; wearing apparel, handkerchiefs, and other articles or fabrics embroidered in any manner by hand or machinery, whether with a plain or fancy letter, initial, or monogram, or otherwise, or tamboured, appliqueed, or scalloped, by hand or machinery, for any purpose, or from which threads have been drawn, cut, or punched to produce openwork, ornamented or embroidered in any manner herein described, in any part thereof, however small; hemstitched or tucked flouncings or skirtings; all of the foregoing, composed wholly or in chief value of cotton, flax, or other vegetable fiber, or of cotton, flax, or other vegetable fiber and india rubber, or of cotton, flax, or other vegetable fiber, india rubber, and metal, and not elsewhere specially provided for in this Provim. section, sixty per centum ad valorem: Provided, That no article composed wholly or in chief value of one or more of the materials or goods specified in this paragraph, shall pay a less rate of duty than the highest rate imposed by this section upon any of the materials or goods of which Embroid e r e d the same is composed: And provided further, That no articles. article or fabric of any description, composed of flax or other vegetable fiber, or of which these materials or any of them is the component material of chief value, when embroidered by hand or machinery, or having hand or machinery embroidery thereon, shall pay a less rate of duty than that imposed in this section upon any embroideries of the materials of which such embroidery is composed. mLaces, etc.,or 350. Laces, embroideries, edgings, insertings,.alloons, Gothrough ma- flouncings, nets, nettings, trimmings, and veils, comchine. posed of cotton, silk, artificial silk, or other material (except wool), made on the Lever or Gothrough machine, earing ap- seventy per centum ad valorem: Provided, That no wearparel, etc. ing apparel, handkerchiefs, or articles of any description, composed wholly or in chief value of any of the foregoing, NONCONTIGUOUS TERRITORY AND CUBA. 283 shall pay a less rate of duty than that imposed upon the articles or the materials of which the same are composed. 351. Lace window curtains, nets, nettings, pillow Lacre wndow curtains, etc., shams, and bed sets, finished or unfinished, made on the made on NottingNottingham lace-curtain machine or on the Nottingham ham machine. warp machine, and composed of cotton or other vegetable fiber, when counting five points or spaces between the warp threads to the inch, one cent per square yard; when counting more than five such points or spaces to the inch, one-half of one per cent per square yard in addition for each such point or space to the inch in excess of five; and in addition thereto, on all the foregoing articles in this paragraph, twenty per centum ad valorem: Provided, ProUm That none of the above-named articles shall pay a less rate of duty than fifty per centum ad valorem. 352. Plain woven fabrics of single jute yarns, by what- plJu fabrics, ever name known, weighing not less than six ounces per square yard and not exceeding thirty threads to the square inch, counting the warp and filling, nine-sixteenths of one cent per pound and fifteen per centum ad valorem; if exceeding thirty and not exceeding fifty-five threads to the square inch, counting the warp and filling, seveneighths of one cent per pound and fifteen per centum ad valorem. 353. All pile fabrics, whether or not the pile covers the Pile fabrics. entire surface, composed of flax, or of which flax is the component material of chief value, and all articles and manufactures made from such fabrics, not specially provided for in this section, sixty per centum ad valorem. 354. Bags or sacks made from plain woven fabrics, of Jute bags or single jute yarns, not dyed, colored, stained, painted, sacks. printed, or bleached, and not exceeding thirty threads to the square inch, counting the warp and filling, seveneighths of one cent per pound and fifteen per centum ad valorem. 355. Bagging for cotton, gunny cloth, and similar etottn bagging, fabrics, suitable for covering cotton, composed of single yarns made of jute, jute butts, or hemp, not bleached, dyed, colored, stained, painted, or printed, not exceeding sixteen threads to the square inch, counting the warp and filling, and weighing not less than fifteen ounces per square yard, six-tenths of one cent per square yard. 356. Handkerchiefs composed of flax, hemp, or ramie, HandkerchieB. or of which these substances, or either of them, is the component material of chief value, whether in the piece or otherwise, and whether finished or unfinished, not hemmed or hemmed only, fifty per centum ad valorem; if hemstitched, or imitation hemstitched, or revered, or with drawn threads, but not embroidered, initialed, or in part of lace, fifty-five per centum ad valorem. 357. Woven fabrics and articles not specially provided noven fabrcs for in this section, composed of flax, hemp, or ramie, or of which these substances or any of them is the component material of chief value, weighing four and one-half ounces 284 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. or more per square yard, when containing not more than sixty threads to the square inch, counting the warp and filling, one and three-fourths cents per square yard; containing more than sixty and not more than one hundred and twenty threads to the square inch, two and threefourths cents per square yard; containing more than one hundred and twenty and not more than one hundred and eighty threads to the square inch, six cents per square yard; containing more than one hundred and eighty threads to the square inch, nine cents per square yard, and in addition thereto, on all the foregoing, thirty per centum Prioiumo ad valorem: Provided, That none of the foregoing articles or fabrics in this paragraph shall pay a less rate of duty Plain fabrics, than fifty per centum ad valorem. Plain woven fabrics, not including articles, finished or unfinished, of flax, hemp, or ramie, or of which these substances or any of them is the component material of chief value, including such as is known as shirting cloth; weighing less than four and onehalf ounces per square yard and containing more than one hundred threads to the square inch, counting the warp and filling, thirty-five per centum ad valorem; weighing less than four and one-half ounces per square yard and containing not more than one hundred threads to the square inch, thirty per centum ad valorem. muturicles a nd 358. All woven articles, finished or unfinished, and all specified. manufactures of flax, hemp, ramie, or other vegetable fiber, or of which these substances, or any of them, is the component material of chief value, not specially provided for in this section, forty-five per centum ad valorem. Istleortampico. 359. Istle or tampico, when dressed, dyed, or combed, twenty per centum ad valorem. SCHEDULE K. Wool and manufactures of. SCHEDULE K.-WOOL, AND MANUFACTURES OF. W Cwlasslncaaon oi f a ools,hairs,etc. 360. All wools, hair of the camel, goat, alpaca, and other like animals shall be divided, for the purpose of fixing the duties to be charged thereon, into the three following classes: Class one. 361. Class one, that is to say, merino, mestiza, metz, or metis wools, or other wools of Merino blood, immediate or remote, Down clothing wools, and wools of like character with any of the preceding, including Bagdad wool, China lamb's wool, Castel Branco, Adrianople skin wool or butcher's wool, and such as have been heretofore usually imported into the United States from Buenos Aires, New Zealand, Australia Cape of Good Hope, Russia, Great Britain Canada, Egypt, Morocco, and elsewhere, and all wools not hereinafter included in classes two and three. lass two. 362. Class two, that is to say, Leicester, Cotswold, Lincolnshire, Down combing wools, Canada long wools, or other like combing wools of English blood, and usually known by the terms herein used, and also hair of the camel, Angora goat, alpaca, and other like animals. NONCONTIGUOUS TERRITORY AND CUBA. 285 363. Class three, that is to say, Donskoi, native South Class three. American, Cordova, Valparaiso, native Smyrna, Russian camel's hair, and all such wools of like character as have been heretofore usually imported into the United States from Turkey, Greece, Syria, and elsewhere, excepting improved wools hereinafter provided for. 364. The standard samples of all wools which are now Standard smor may be hereafter deposited in the principal custom-P. houses of the United States, under the authority of the Secretary of the Treasury, shall be the standards for the classification of wools under this Act, and the Secretary of the Treasury is authorized to renew these standards and to make such additions to them from time to time as may be required, and he shall cause to be deposited like standards in other custom-houses of the United States when they may be needed. 365. Whenever wools of class three shall have been im- I p r oved proved by the admixture of Merino or English blood, from their present character as represented by the standard samples now or hereafter to be deposited in the prinpal custom-houses of the United States, such improved wools shall be classified for duty either as class one or as class two, as the case may be. 366. The duty on wools of the first class which shall be onc duty imported washed shall be twice the amount of the duty to w wo which they would be subjected if imported unwashed; and the duty on wools of the first and second classes scourd. which shall be imported scoured shall be three times the duty to which they would be subjected if imported unwashed. The duty on wools of the third class, if imported.nadingorspin in condition for use in carding or spinning into yarns, or which shall not contain more than eight per centum of dirt or other foreign substance, shall be three times the duty to which they would otherwise be subjected. 367. Unwashed wools shall be considered such as shall w a 8hed have been shorn from the sheep without any cleansing; that is, in their natural condition. Washed wools shall Washed wools. be considered such as have been washed with water only on the sheep's back, or on the skin. Wools of the first Scoured wools. and second classes washed in any other manner than on the sheep's back or on the skin shall be considered as scoured wool. 368. The duty upon wool of the sheep or hair of the orted, etc. camel, Angora goat, alpaca, and other like animals, of class one and class two, which shall be imported in any other than ordinary condition, or which has been sorted or increased in value by the rejection of any part of the original fleece, shall be twice the duty to which it would be otherwise subject: Provided, That skirted wools as Plwoos. imported in eighteen hundred and ninety and prior thereto Changing charare hereby excepted. The duty upon wool of the sheep uty. evade or hair of the camel, Angora goat, alpaca, and other like animals of any class which shall, be changed in its char 286 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. acter or condition for the purpose of evading the duty, or which shall be reduced in value by the admixture of dirt or any other foreign substance, shall be twice the duty to which it would be otherwise subject. When the duty assessed upon any wool equals three times or more that which would be assessed if said wool was imported unwashed, the duty shall not be doubled on account of the Biales contain- woo being sorted. If any bale or package of wool or hair ing wool of higher cass specified in this Act invoiced or entered as of any specified class, or claimed by the importer to be dutiable as of any specified class, shall contain any wool or hair subject to a higher rate of duty than the class so specified, the whole bale or package shall be subject to the highest rate of duty chargeable on wool of the class subject to such higher rate of duty, and if any bale or package be claimed by the importer to be shoddy, mungo, flocks, wool, hair, or other material of any class specified in this Act, and such bale contain any admixture of any one or more of said materials, or of any other material, the whole bale or package shall be subject to duty at the highest rate imposed upon any article in said bale or package. Rclass. 369. The duty upon all wools and hair of the first class second class shall be eleven cents per pound, and upon all wools or hair of the second class twelve cents per pound. Third class. 370. On wools of the third class and on camel's hair of the third class the value whereof shall be twelve cents or less per pound, the duty shall be four cents per pound. On wools of the third class, and on camel's hair of the third class, the value whereof shall exceed twelve cents per pound, the duty shall be seven cents per pound. On the skin. 371. The duty on wools on the skin shall be one cent less per pound than is imposed in this schedule on other wools of the same class and condition, the quantity and value to be ascertained under such rules as the Secretary of the Treasury may prescribe. waste. 372. Top waste, slubbing waste, roving waste, ring waste, and garnetted waste, thirty cents per pound. hoddy, etc. 373. Shoddy, twenty-five cents per pound; noils, wool extract, yarn waste, thread waste, and all other wastes composed wholly or in part of wool, and not specially provided for in this section, twenty cents per pound. Rags, etc 374. Woolen rags, mungo, and flocks, ten cents per pound. Combed. 375. On combed wool or tops, made wholly or in part of wool or camel's hair, valued at not more than twenty cents per pound, the duty per pound shall be two and onefourth times the duty imposed by this schedule on one pound of unwashed wool of the first class; valued at more than twenty cents per pound, the duty per pound shall be three and one-third times the duty imposed by this schedule on one pound of unwashed wool of the first class; and in addition thereto, upon all the foregoing, thirty per centum ad valorem. NONCONTIGUOUS TERRITORY AND CUBA. 287 376. Wool and hair which have been advanced in any Advanced bemanner or by any process of manufacture beyond the scoured. washed or scoured condition, not specially provided for in this section, shall be subject to the same duties as are imposed upon manufactures of wool not specially provided for in this section. 377. On yarns made wholly or in part of wool, valued Yarn at not more than thirty cents per pound, the duty per pound shall be two and one-half times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto thirty-five per centum ad valorem; valued at more than thirty cents per pound, the duty per pound shall be three and one-half times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto forty per centum ad valorem. 378. On cloths, knit fabrics, and all manufactures of Cloths, knit every description made wholly or in part of wool, not specially provided for in this section, valued at not more than forty cents per pound, the duty per pound shall be three times the duty imposed by this section on a pound of unwashed wool of the first class; valued at above forty cents per pound and not above seventy cents per pound, the duty per pound shall be four times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto, upon all the foregoing, fifty per centum ad valorem; valued at over seventy cents per pound, the duty per pound shall be four times the duty imposed by this section on one pound of unwashed wool of the first class and fifty-five per centum ad valorem. 379. On blankets, and flannels for underwear composed Blankets, etc. wholly or in part of wool, valued at not more than forty cents per pound; the duty per pound shall be the same as the duty imposed by this section on two pounds of unwashed wool of the first class, and in addition thereto thirty per centum ad valorem; valued at more than forty cents and not more than fifty cents per pound, the duty per pound shall be three times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto thirty-five per centum ad valorem. On blankets composed wholly or in part of wool, valued at more than fifty cents per pound, the duty per pound shall be three times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto forty per centum ad valorem. Flannels composed wholly or in part of wool, valued at above fifty cents per pound, shall be classified and pay the same duty as women's and children's dress goods, coat linings, Italian cloths, and goods of similar character and description provided by this section: Provided, That on blankets abanoet. over three yards in length the same duties shall be paid as on cloths. 28872~-S. Doc. 306, 62-2 —21 288 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Dress good, 380. On women's and children's dress goods, coat linrings, Italian cloths, and goods of similar description and character of which the warp consists wlolly of cotton or other vegetable material with the remainder of the fabric composed wholly or in part of wool, valued at not exceeding fifteen cents per square yard, the duty shall be seven cents per square yard; valued at more than fifteen cents per square yard, the duty shall be eight cents per square yard; and in addition thereto on all the foregoing valued at not above seventy cents per pound, fifty per centum ad valorem; valued above seventy cents per pound, fiftyr goods. five per centum ad valorem: Provided, That on all the foregoing, weighing over four ounces per square yard, the rates of duty shall be five.per centum less than those imposed by this schedule on cloths. Dress goods, 381. On women's and children's dress goods, coat linings, Italian cloths, bunting, and goods of similar description or character composed wholly or in part of wool, and not specially provided for in this section, the duty shall be eleven cents per square yard; and in addition thereto on all the foregoing valued at not above seventy cents per pound, fifty per centum ad valorem; value above seventy cents per pound, fifty-five per centum ad valorem: rgoods Provided, That on all the foregoing, weighing over four ounces per square yard, the duty shall be the same as imposed by this schedule on cloths. Wearing ap- 382. On clothing, ready-made, and articles of wearing apparel of every description, including shawls whether knitted or woven, and knitted articles of every description made up or manufactured wholly or in part, felts not woven, and not specially provided for in this section, composed wholly or in part of wool, the duty per pound shall be four times the duty imposed by this section on one pound of unwashed wool of the first class, and in addition thereto sixty per centum ad valorem. Webbings, etc. 383. Webbings, gorings, suspenders, braces, bandings, beltings, bindings, braids, galloons, edgings, insertings, flouncings, fringes, gimps, cords, cords and tassels, ribbons, ornaments, laces, trimmings, and articles made wholly or in part of lace, embroideries and all articles embroidered by hand or machinery, head nets, nettings, buttons or barrel buttons or buttons of other forms for tassels or ornaments, and manufactures of wool ornamented with beads or spangles of whatever material composed, any of the foregoing made of wool or of which wool is a component material, whether containing india rubber or not, fifty cents per pound and sixty per centum ad valorem. Carpe-. 384. Aubusson, Axminster, moquette, and chenille carpets, figured or plain, and all carpets or carpeting of like character or description, sixty cents per square yard and in addition thereto forty per centum ad valorem. 385. Saxony, Wilton, and Tournay velvet carpets, figured or plain, and all carpets or carpeting of like charae NONCONTIGUOUS TERRITORY AND CUBA. 289 ter or description, sixty cents per square yard and in addition thereto forty per centum ad valorem. 386. Brussels carpets, figured or plain, and all carpets or carpeting of like character or description, forty-four cents per square yard and in addition thereto forty per centum ad valorem. 387. Velvet and tapestry velvet carpets, figured or plain, printed on the warp or otherwise, and all carpets or carpeting of like character or description, forty cents per square yard and in addition thereto forty per centum ad valorem. 388. Tapestry Brussels carpets, figured or plain, and all carpets or carpeting of like character or description, printed on the warp or otherwise, twenty-eight cents per square yard and in addition thereto forty per centum ad valorem. 389. Treble ingrain, three-ply, and all chain Venetian carpets, twenty-two cents per square'yard and in addition thereto forty per centum ad valormn. 390. Wool Dutch and two-ply ingrain carpets, eighteen cents per square yard and in addition thereto forty per centum ad valorem. 391. Carpets of every description, woven whole for Rugs, eto. rooms, and Oriental, Berlin, Aubusson, Axminster, and similar rugs, ten cents per square foot and forty per centum ad valorem: Provided, That in the measurement of all Pro ino. Selvage includmats, rugs, carpets and similar articles, of whatever mate- ed. rial composed, the selvage, if any, shall be included. 392. Druggets and bockings, printed, colored, or other- Drggets. wise, twenty-two cents per square yard and in addition thereto forty per centum ad valorem. 393. Carpets and carpeting of wool, flax, or cotton, or Carpetsof wool, composed in part of any of them, not specially provided for in this section, and mats, matting, and rugs of cotton, fifty per centum ad valorem. 394. Mats, rugs for floors, screens, covers, hassocks, bed Mats, etc. sides, art squares, and other portions of carpets or carpeting made wholly or in part of wool, and not specially provided for in this section, shall be subjected to the rate of duty herein imposed on carpets or carpetings of like character or description. 395. Whenever, in an) schedule of this Act, the word n o,01" de. "wool' is used in connection with a manufactured articld of which it is a component material, it shall be held to include wool or hair of the sheep, camel, goat, alpaca or other animal, whether manufactured by the woolen, worsted, felt, or any other process. SCHEDULE L.-SILKS AND SILK GOODS. SCEDULE L. Silk and silk goods. 396. Silk partially manufactured from cocoons or from c ao rd e d or waste silk, and not further advanced or manufacturedombed. than carded or combed silk, thirty-five cents per pound. 290 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. spun yam. 397. Spun silk or schappe silk yarn, valued at not exceeding one dollar per pound, whether in singles, or advanced beyond the condition of singles by grouping or twisting two or more yarns together, thirty-five cents per pound; if valued at exceeding one dollar per pound, in the gray, in skeins, warps, or cops, if in singles or not advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, fortyfive cents per pound, and in addition thereto ten onehundredths of one cent per number per pound; exceeding number two hundred and five, forty-five cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound; if advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, fifty cents per pound, and in addition thereto ten- one-hundredths of one cent per number per pound; ex~ceeding number two hundred and five, fifty cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound; if valued at exceeding one dollar per pound, in the gray, on bobbins, spools, or beams, if in singles or not advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, fifty-five cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; exceeding number two hundred and five, fifty-five cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound; if advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, sixty cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; exceeding number two hundred and five, sixty cents per pound, and in addition thereto fifteen onehundredths of one cent per number per pound; if valued at exceeding one dollar per pound, colored, bleached, or dyed, in skeins or warps, if in singles or not advanced beyond the condition of singles, by grouping or twisting two or more yarns together, on all numbers up to and includiDg number two hundred and five, fifty-five cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; exceeding number two hundred and five, fifty-five cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound; if advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, sixty cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; exceeding number two hundred and five, sixty cents per pound, and in addition thereto fifteen one-hundredths of one cent NONCONTIGUOUS TERRITORY AND CUBA. 291 per number per pound; if valued at exceeding one dollar per pound, colored, bleached, or dyed, on bobbins, cops, spools, or beams, if in singles or not advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, sixty-five cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; exceeding number two hundred and five, sixty-five cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound; if advanced beyond the condition of singles by grouping or twisting two or more yarns together, on all numbers up to and including number two hundred and five, seventy cents per pound, and in addition thereto ten one-hundredths of one cent per number per pound; on all numbers exceeding number two hundred and five, seventy cents per pound, and in addition thereto fifteen one-hundredths of one cent per number per pound. In assessing duty on all spun silk or schappe silk yarn, the number indicating the size of the yarns shall be taken according to the metric or French system, and shall, in all cases, refer to the size of the singles: Provided, That Prom in no case shall the duty be assessed on a less number of yards than is marked on the skeins, bobbins, cops, spools, or beams. But in no case shall any of the goods enumerated in this paragraph pay less rate of duty than thirtyfive per centum ad valorem. 398. Thrown silk in the gum, if singles, fifty cents per Thrown. pound; if tram, seventy-five cents per pound; if organzine, one dollar per pound; and if ungummed, wholly or in part, or if further advanced by any process of manu. facture, in addition to the rates herein provided, fifty cents per pound. Sewing silk, twist, floss, and silk threads or sewinn, etc., yarns of any description made from raw silk, not specially fromraw Slkprovided for in this section, if in the gum, one dollar per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture, one dollar and fifty cents per pound: Provided, That in no case shall Proviso. duty be assessed on a less number of yards than is marked Minimum. on the skeins, bobbins, cops, spools, or beams. 399. Velvets, chenilles, and other pile fabrics, not velvets etc. specially provided for in this section, cut or uncut, composed wholly or in chief value of silk, weighing not less than five and three-fourths ounces per square yard, one dollar and fifty cents per pound; weighing less than five and three-fourths ounces per square yard, but not less than four ounces, or if all the filling is not cotton, two dollars and seventy-five cents per pound; if all the filling is cotton, two dollars per pound; all the foregoing weighing less than four ounces to the square yard, four dollars per pound. Plushes, cut or uncut, composed wholly or in Plushea chief value of silk, weighing not less than nine and one-half ounces per square yard, one dollar per pound; weighing less than nine and one-half ounces per square yard, two 292 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dollars and forty cents per pound. Measurements to ascertain widths of goods for determining weight per square yard of the foregoing articles shall not include the selvedges, but the duty shall be levied upon the total weight Distinction. of goods, including the selvedges. The distinction between "plushes" and "velvets" shall be determined by the length of the pile; those having pile exceeding oneseventh of one inch in length, to be taken as "plushes;" those having pile one-seventh of one inch or less in length, shall be taken as "velvets." The distance from the end of the pile to the bottom of the first binding pick shall be considered as the length of the pile. Velvet or Ribbons. plush ribbons, or other pile fabrics not over twelve inches and not less than three-fourths of one inch in width, cut or uncut, of which silk is the component material of chief value, not specially provided for in this section, containing no silk except that in the pile and selvedges; if black, one dollar and sixty cents per pound; if other than black, one dollar and seventy-five cents per pound; if containing silk other than that in the pile and selvedges; if black, two dollars per pound; if other than black, two dollars and twenty-five cents per pound; for each one-fourth of one inch or fraction thereof, less than three-fourths of one inch in width, there shall be paid in addition to the above Woven fabrics. rates, forty cents per pound. Woven fabrics in the piece, composed wholly or in chief value of silk, not specially provided for in this section, weighing not more than onethird of one ounce per square yard, four dollars per pound; weighing more than one-third of one ounce, but not more than two-thirds of one ounce per square yard; if in the gum, three dollars per pound; if ungummed, wholly or in part, three dollars and twenty-five cents per pound; if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, three dollars and fifty cents per pound; if weighing more than two-thirds of one ounce but not more than one ounce per square yard; if in the gum, two dollars and sixty-five cents per pound; if ungummed, wholly or in part, three dollars per pound; if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, three dollars and twenty-five cents per pound; if weighing more than one ounce but not more than one and one-third ounces per square yard; if in the gum, two dollars and fifty cents per pound; if ungummed, wholly or in part, two dollars and eightyfive cents per pound; if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, three dollars and ten cents per pound; if weighing more than one and one-third ounces, but not more than two and one-half ounces, and if containing not more than twenty per centum in weight of silk, if in the gum, seventy cents per pound; if ungummed, wholly or m part, or if further advanced by any process of manu i~TONCONTTGUOVS TERRITO1It ANDJ CTJBA. 293 facture or otherwise, or if dyed or printed in the piece, eighty-five cents per pound; if containing more than twenty per centum, but not more than thirty per centum in weight of silk; if in the gum, eighty-five cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, one dollar and ten cents per pound; if containing more than thirty per centum, but not more than forty per centum in weight of silk; if in the gum, one dollar and five cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, one dollar and twenty-five cents per pound; if containing more than forty per centum, but not more than fifty per centum in weight of silk; if in the gum, one dollar and twenty-five cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, one dollar and fifty cents per pound; if containing more than fifty per centum in weight of silk or if wholly of silk; if in the gum, two dollars and fifty cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, three dollars per pound; if weighing more than two and one-half ounces, but not more than eight ounces per square yard, and if containing not more than twenty per centum in weight of silk; if in the gum, fifty-seven and one-half cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, seventy cents per pound; if containing more than twenty per centum, but not more than thirty per centum in weight of silk; if in the gum, seventy-five cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, ninety cents per pound; if containing more than thirty per centum, but not more than forty per centum in weight of silk; if in the gum, ninety cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, one dollar and ten cents per pound; if containing more than forty per centum, but not more than fifty per centum in weight of silk; if in the gum, one dollar and ten cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture or otherwise, or if dyed or printed in the piece, one dollar and thirty cents per pound; if containing more than fifty per centum in weight of silk, or if wholly of silk; if in the gum, two dollars and twenty-five cents per pound; if ungummed, wholly or in part, or if further advanced by any process of manufacture, or otherwise, or if dyed or printed in the piece, two dollars and seventy t94 LAWS RELATtN TO I NStILA AND MiL~TARY AFFAIfS. Dyed in the five cents per pound. Woven fabrics in the piece, comym posed wholly or of chief value of silk, if dyed in the thread or yarn, and the weight is not increased in dyeing beyond the original weight of raw silk, if containing less than thirty per centum in silk, one dollar and twenty-five cents per pound; if containing more than thirty per centum but not more than forty-five per centum in weight of silk, one dollar and sixty cents per pound; if containing more than forty-five per centum in weight of silk, three dollars per pound; if weight is increased in dyeing beyond the original weight of raw silk; if weighing more than one-third of an ounce, but not more than one ounce, per square yard; if black (except selvedges), two dollars and twenty-five cents per pound; if other than black, three dollars per pound; if weighing more than one ounce, but not more than one and one-third ounces per square yard; if black (except selvedges), two dollars per pound; if other than black, two dollars and seventy-five cents per pound; if weighing more than one and one-third but not more than one and two-thirds ounces per square yard; if black (except selvedges), one dollar and eighty cents per pound; if other than black, two dollars and fifty cents per pound; if weighing more than one and twothirds but not more than two ounces per square yard; if black (except selvedges), one dollar and sixty-five cents per pound; if other than black, two dollars and twentyfive cents per pound; if weighing more than two but not more than eight ounces per square yard, and if containing not more than thirty per centum in weight of silk; if black (except selvedges), seventy-five cents per pound; if other than black, ninety cents per pound; if containing more than thirty per centum but not more than forty-five per centum in weight of silk; if black (except selvedges), one dollar and ten cents per pound; if other than black, one dollar and thirty cents per pound; if containing more than forty-five per centum in weight of silk, but not more than sixty per centum; if black (except selvedges), one dollar and forty cents per pound; if other than black, one dollar and sixty cents per pound; if containing more than sixty per centum in weight of silk, or if composed wholly of silk, and if having not more than four hundred and forty single threads to the inch in the warp; if black (except selvedges), one dollar and fifty cents per pound; if other than black, two dollars per pound; if having more than four hundred and forty, but not more than six hundred single threads to the inch in the warp; if black (except selvedges), one dollar and sixty-five cents per pound; if other than black, two dollars and twenty-five cents per pound; if having more than six hundred, but not more than seven hundred and sixty single threads to the inch in the warp; if black (except selvedges), one dollar and eighty cents per pound; if other than black, two dollars and fifty cents per pound; if having more than seven hundred and sixty, but not more than nine hundred and NONCONTIGUOUS TERRITORY AND CUBA. 295 twenty single threads to the inch in the warp; if black (except selvedges), two dollars per pound; if other than black, two dollars and seventy-five cents per pound; if having more than nine hundred and twenty single threads to the inch in the warp; if black (except selvedges), two dollars and twenty-five cents per pound; if other than black, three dollars per pound; if printed in the warp and weighing not more than one and one-third ounces per square yard, three dollars and fifty cents per pound; weighing more than one and one-third but not more than two ounces per square yard, three dollars and twenty-five cents per pound; weighing more than two ounces per square yard, two dollars and seventy-five cents per pound. But in no case shall any goods made on Jacquard looms or any goods containing more than one color in the filling, or any of the goods enumerated in this paragraph, including such as have India rubber as a component material, pay a less rate of duty than forty-five per centum ad valorem. 400. Handkerchiefs or mufflers composed wholly or in Handkerchiefs chief value of silk, finished or unfinished, if cut, not hemmed or hemmed only, shall pay fifty per centum ad valorem; if such handkerchiefs or mufflers are hemstitched or imitation hemstitched, or revered, or have drawn threads, or are embroidered in any manner, whether with an initial letter, monogram, or otherwise, by hand or machinery, or are tamboured, appliqu6ed, or having tucking or insertion, sixty per centum ad valorem. 401. Ribbons, bandings, including hatbands, beltings, Ribbons, ete. bindings, all of the foregoing not exceeding twelve inches in width, and if with fast edges, bone casings, braces, cords, cords and tassels, garters, gorings, suspenders, tubings, and webs and webbings, composed wholly or in chief value of silk, and whether composed in any part of India rubber or otherwise, if not embroidered in any manner, by hand or machinery, fifty per centum ad valorem. 402. Laces, edgings, insertings, galloons, flouncings, Lacs, etc. neck rufflings, ruchings, braids, fringes, trimmings, ornaments, nets or nettings, veils or veilings, and articles made wholly or in part of any of the foregoing, or of chiffons, embroideries and articles embroidered by hand or maclhinery, or tamboured or appliqu6ed, clothing ready made, and articles of wearing apparel of every description, including knit goods, made up or manufactured in whole or in part by the tailor, seamstress, or manufacturer; all of the foregoing composed of silk, or of silk and metal, or of which silk is the component material of chief value, whether in part of India rubber or otherwise and braid composed in part of India rubber, not specially provided for in this section, and silk goods ornamented with beads or spangles, sixty per centum ad valorem: Provided, ProvisoU. That articles composed wholly or in chief value of any of Minmum. the materials or goods dutiable under this paragraph shall pay not less than the rate of duty imposed upon such 296 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. materials or goods by this section: Provided further, That etmbroidered, tamboured, embroidered, or appliqueed articles or fabrics shall pay no less rate of duty than that imposed upon the materal if not so tamboured, embroidered, or appliqu6ed. Manufactures 403. All manufactures of silk, or of which silk is the component material of chief value, including such as have India rubber as a component material, not specially provided for in this section, fifty per centum ad valorem: oolen mix- Provided, That all manufactures of silk enumerated under tures. any paragraph of this schedule, if composed in any part of wool, shall be classified and assessed for duty as manufactures of wool. fDeterination 404. In ascertaining the weight of silk under the proof weight a n d.. threads. visions of this schedule, either in the threads, yars, or fabrics, the weight shall be taken in the condition in which found in the goods, without deductions therefrom for any dye, coloring matter, or other foreign substance or material. The number of single threads to the inch in the warp provided for in this schedule shall be determined by the number of spun or reeled singles of which such single or two or more ply threads are composed. Artificial silk or 405. Yarns, threads, filaments of artificial or imitation silk, or of artificial or imitation horsehair, by whatever name known, and by whatever process made, if in the form of singles, forty-five cents per pound; if in the form of tram, fifty cents per pound; if in the form of Proviiom. organzine, sixty cents per pound: Provided, That in no case shall any yarns, threads, or filaments of artificial or imitation silk or imitation horsehair, or any yarns, threads, or filaments made from waste of such materials, pay a less rate of duty than thirty per centum ad valorem; Articles. braids, laces, embroideries, galloons, neck rufflings, ruchings, fringes, trimmings, beltings, cords, tassels, ribbons, or other articles or fabrics composed wholly or in chief value of yarns, threads, filaments, or fibers of artificial or imitation silk or of artificial or imitation horsehair, by whatever name known, and by whatever process made, forty-five cents per pound, and in addition thereto, sixty per centum ad valorem. PSCHElLE Mr SCHEDULE M.-PULP, PAPERS, AND BOOKS. and books. groundpually 406. Mechanically ground wood pulp, one-twelfth of Provs8os n one cent per pound, dry weight: Provided, however, Free from countries not restrict- That mechanically ground wood pulp shall be admitted ing export, etc. free of duty from any country, dependency, province, or other subdivision of government (being the product thereof) which does not forbid or restrict in any way the exportation of (whether by law, order, regulation, contractual relation, or otherwise, directly or.indirectly) or impose any export duty, export license fee, or other export charge of any kind whatsoever, either directly or indirectly (whether in the form of additional charge or license fee or otherwise) upon printing paper, me NONCONTIGUOUS TERRITORY AND CUBA. 297 chanically ground wood pulp, or wood for use in the manufacturi of wood pulp: Provided further, That if Countsrvaili'ng i y - duties if export any country, dependency, province, or other subdivi- duty imposed, sion of government, shall impose an export duty or etc. other export charge of any kind whatsoever, either directly or indirectly (whether in the form of additional charge, or license fee, or otherwise) upon printing paper, mechanically ground wood pulp, or wood for use m the manufacture of wood pulp, the amount of such export duty or other export charge shall be added as an additional duty to the duty herein imposed upon mechanically ground wood pulp when imported directly or indirectly from such country, dependency, province, or other subdivision of government. Chemical wood pulp, puhemlca wood unbleached, one-sixth of one cent per ppound, dry weight bleached, one-fourth of one cent per pound, dry weight: Provided, That if any country, dependency, province, or dCu,,tCui aling' other subdivision of government shall impose an export duty imposed, duty, or other export charge of any kind whatsoever, etc. either directly or indirectly (whether in the form of additional charge or license fee or otherwise) upon printing paper, chemical wood pulp, or wood for use in the manufacture of wood pulp, the amount of such export duty, or other export charge, shall be added as an additional duty to the duties herein imposed upon chemical wood pulp when imported directly or indirectly from such country, dependency, province, or other subdivision of government. 407. Sheathing paper and roofing felt, ten per centum sheathing paad valorem. 408. Filter masse or filter stock, composed wholly or Filter masse, in part of wood pulp, wood flour, cotton or other vegetable fiber, one and one-half cents per pound and fifteen per centurn ad valorem. 409. Printing paper (other than paper commercially Printing paper. known as handmade or machine handmade paper, japan paper, and imitation japan paper by whatever name known), unsized, sized, orglued, suitable for the printing of books and newspapers, but not for covers or bindings, not specially provided for in this section, valued at not above two and one-fourth cents per pound, three-sixteenths of one cent per pound; valued above two and onefourth cents and not above two and one-half cents per pound, three-tenths of one cent per pound; valued above two and one-half cents per pound and not above four cents per pound, five-tenths of one cent per pound; valued above four cents and not above five cents per pound, eight-tenths of one cent per pound; valued above five cents per pound, fifteen per centum ad valorem: Provided, however, That if any country, depend- Pr.vatln ency, province, or other subdivision of government duty f export shall forbid or restrict in any way the exportation of et mp.o8ed (whether by law, order, regulation, contractual rela 298 AWS RELATING TO INSULAR AND MILITARY AFFAIRS. tion, or otherwise, directly or indirectly) or impose any export duty, export license fee, or other export charge of any kind whatsoever (whether in the form of additional charge or license fee or otherwise) upon printing paper, wood pulp, or wood for use in the manufacture of wood pulp, there shall be imposed upon printing paper when imported either directly or indirectly from such country, dependency, province, or other subdivision of government, an additional duty of one-tenth of one cent per pound when valued at three cents per pound, or less, and in addition thereto the amount of such export duty or other export charge imposed by such country, dependency, province, or other subdivision of government, upon printing paper, wood pulp, or wood for use in the manufacture of wood pulp. Copying, stere- 410. Papers commonly known as copying paper, stereotype paper, bibulous paper, tissue paper, pottery paper, and all papers not specially provided for in this section, colored or uncolored, white or printed, weighing not over six pounds to the ream of four hundred and eighty sheets, on the basis of twenty by thirty inches, and whether in reams or any other form, six cents per pound and fifteen per centum ad valorem; if weighing over six pounds and less than ten pounds to the ream, and letter copying books, whether wholly or partly manufactured, five cents per pound and fifteen per centum ad valorem; crepe paper and filtering paper, five cents per pound and fifteen per centum ad valorem: Minimu. Provided, That no article composed wholly or in chief value of one or more of the papers specified in this paragraph shall pay a less rate of duty than that imposed upon the component paper of chief value of which such article is made. oat3d surface, 411. Papers with coated surface or surfaces, not specially provided for in this section, five cents per pound; if wholly or partly covered with metal or its solutions (except as hereinafter provided), or with gelatin or flock, or if embossed or printed, five cents per pound and twenty per centum ad valorem; papers, including wrapping paper, with the surface decorated or covered with a design, fancy effect, pattern or character, whether produced in the pulp or otherwise, but not by lithographic process, four and onehalf cents per pound; if embossed, or wholly or partly covered with metal or its solutions, or with gelatin or flock, five cents per pound and twenty per centum ad vaerovaw lorem: Provided, That paper wholly or partly covered with metal or its solutions, and weighing less than fifteen pounds per ream of four hundred and eighty sheets, on a basis of twenty by twenty-five inches, shall pay a duty of five cents per pound and twenty-five per centum ad valoParchment, rem; parchment papers, and grease-proof and imitation greaseproof, etc. parchment papers which have been supercalendered and rendered transparent, or partially so, by whatever name known, two cents per pound and ten per centum ad valo NONCONTIGUOUS TERRITORY AND CUBA. 299 rem; all other grease-proof and imitation parchment papers, not specially provided for in this section, by whatever name known, two cents per pound and ten per centum ad valorem; bags, envelopes, printed matter other than Bag, e lithographic, and all other articles composed wholly or in chief value of any of the foregoing papers, not specially provided for in this section, and all boxes of paper or wood covered with any of the foregoing paper, five cents a pound and thirty per centum ad valorem; albumenized Phatograph or sensitized paper or paper otherwise surface coated for photographic purposes, thirty per centum ad valorem; plain basic papers for albumenizing, sensitizing, baryta coating, or for photographic or solar printing processes, three cents per pound and ten per centum ad valorem. 412. Pictures, calendars, cards, labels, flaps, cigar Lithographic. bands, placards, and other articles, composed wholly or taSPesed pc. in chief value of paper, lithographically printed in whole or in part from stone, metal, or material other than gelatin (except boxes, views of American scenery or objects, and music, and illustrations when forming part of a periodical or newspaper, or of bound or unbound books, accompanying the same, not specially provided for in this section), shall pay duty at the following rates: Labels and flaps, Labels and printed in less than eight colors (bronze printing to beflaps counted as two colors), but not printed in whole or in part in metal leaf, twenty cents per pound; cigar bands Cigar bands. of the same number of colors and printings, thirty cents per pound; labels and flaps printed in eight or more colors, but not printed in whole or in part in metal leaf, thirty cents per pound; cigar bands of the same number of colors and printings, forty cents per pound; labels and 'flaps, printed in whole or in part in metal leaf, fifty cents per pound; cigar bands, printed in whole or in part in metal leaf, fifty-five cents per pound; all labels, flaps, and bands not exceeding ten square inches cutting size in dimensions, if embossed or die-cut, shall pay the same rate of duty as hereinbefore provided for cigar bands of the same number of colors and printings (but no extra duty shall be assessed on labels, faps, and bands for embossing or die-cutting); booklets, seven cents per pound; Booklets, eto. books of paper or other material for children s use, not exceeding in weight twenty-four ounces each, six cents per pound; fashion magazines or periodicals, printed in whole or in part by lithographic process, or decorated by hand, eight cents per pound; booklets, decorated in whole or in part by hand or by spraying, whether or not lithographed, fifteen cents per pound; decalcomanias in seramic colors, Decaloomanias weighing not over one hundred pounds per thousand sheets on the basis of twenty by thirty inches in dimensions, seventy cents per pound and fifteen per centum ad valorem; weighing over one hundred' pounds- per thousand sheets on the basis of twenty by thirty inches in dimensions, twenty-two cents per pound and fifteen per centum ad valorem; if backed with metal leaf, sixty-five I 300 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. cents per pound; all other decalcomanias, except toy Otherarticles. decalcomanias, forty cents per pound; all other articles than those hereinbefore specifically provided for in this paragraph, not exceeding eight one-thousandths of one inch in thickness, twenty cents per pound; exceeding eight and not exceeding twenty one-thousandths of one inch in thickness, and less than thirty-five square inches cutting size in dimensions, eight and one-half cents per pound; exceeding thirty-five square inches cutting size in dimensions, eight cents per pound, and in addition thereto on all of said articles exceeding eight and not exceeding twenty one-thousandths of one inch in thickness, if either die cut or embossed, one-half of one cent per pound; if both die cut and embossed, one cent per pound; exceeding twenty one-thousandths of one inch in Thikess de- thickness, six cents per pound: Provided, That in the case termined. of articles hereinbefore specified the thickness which shall determine the rate of duty to be imposed shall be that of the thinnest material found in the article, but for the purposes of this paragraph the thickness of lithographs mounted or pasted upon paper, cardboard, or other material, shall be the combined thickness of the lithograph and the foundation on which it is mounted or pasted. Writing paper. 413. Writing, letter, note, handmade paper and paper commercially known as handmade paper and machine handmade paper, japan paper and imitation japan paper by whatever name known, and ledger, bond, record, tablet, typewriter, manifold, and onionskin and imitation onionskin papers calendered or uncalendered, weighing six and one-fourth pounds or over per ream, three cents per pound and fifteen per centum ad valorem; but if any such paper is ruled, bordered, embossed, printed, lined, or decorated in any manner, other than by lithographic process, it shall'pay ten per centum ad valorem in addition Prti co.r to the foregoing rates: Provided, That in computing the puted. duty on such paper every one hundred and eighty thousand square inches shall be taken to be a ream. Envelopes. 414. Paper envelopes not specially provided for in this section, folded or flat, if plain. twenty per centuin ad valorem; if bordered, embossed, printed, tinted, decorated, or lined, thirty-five per centum ad valorem. Cardboard, etc. 415. Jacquard designs on ruled paper, or cut on Jacquard cards, and parts of such designs, cardboard and bristol board, thirty-five per centum ad valorem; press boards or press paper, valued at ten cents per pound or over, thirty-five per centum ad valorem; paper hangings with paper back or composed wholly or in chief value of paper, twenty-five per centum ad valorem; wrapping paper not specially provided for in this section, thirty-five per centum ad valorem; paper not specially provided for Embossd tc., in this section, thirty per centum ad valorem: Provided, paper. ' hat paper embossed, or cut, die-cut, or stamped into designs or shapes, such as initials, monograms, lace, borders, bands, strips, or other forms, or cut or shaped for NONCONTIGUOUS TERRITORY AND CUBA. 301 boxes, plain or printed but not lithographed, and not specially provided for in this section, shall be dutiable at thirt -five per centum ad valorem; articles composed PrFhogel a t I wholly or in chief value of paper printed by the photogelatin process and not specially provided for in this Act, three cents per pound and twenty-five per centum ad valorem. 416. Books of all kinds, bound or unbound, including Books. blank books, slate books andl pamphlets, engravings, photographs, etchings, maps, charts, music in books or sheets, and printed matter, all the foregoing wholly or in chief value of paper, and not specially provided for in this section, twenty-five per centum ad valorem. Views of United States any landscape, scene, building, place or locality in the views, etc. United States, on cardboard or paper, not thinner than eight one-thousandths of one inch, by whatever process printed or produced, including those wholly or in part produced by either lithographic or photogelatin process (except show cards), occupying thirty-five square inches or less of surface per view, bound or unbound, or in any other form, fifteen cents per pound and twenty-five per centum ad valorem; thinner than eight one-thousandths of one inch, two dollars per thousand: Provided, That the Proetieon rate or rates of duty provided in the tariff Act approved prior orders until July twenty-fourth, eighteen hundred and ninety-seven, October 1, 0&. shall remain in force until October first, nineteen hundred and nine, on all views of any landscape, scene, building, place, or locality, provided for in this paragraph, which shall have, prior to July first, nineteen hundred and nine, been ordered or contracted to be delivered to bona fide purchasers in the United States, and the Secretary of the treasury shall make proper regulations for the enforcement of this provision. 417. Photograph, autograph, scrap, post-card, and Albums. postage stamp albums, wholly or partly manufactured, thirty-five per centum ad valorem. 418. All boxes made wholly or in chief value of paper or surfce -coated papier-mache, if covered with surface-coated paper, forty-five per centum ad valorem. 419. Playing cards, in packs not exceeding fifty-four Playing card cards and at a like rate for any number in excess, ten cents per pack and twenty per centum ad valorem. 420. Manufactures of paper, or of which paper is the Manufact ure compon':nt material of chief value, not specially provided for in this section, thirty-five per centum ad valorem. SCHEDULE N.-SUNDRIES. SIDE N. Sundries. 421. Beads and spangles of all kinds, including imita- Bspea d s and tion pearl beads, not threaded or strung, or strung loosely on thread for facility in transportation only, thirty-five per centum ad valorem; fabrics, nets or nettings, laces, embroideries, galloons, wearing apparel, ornaments, trimmings, curtains, fringes, and other articles not 302 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. specially provided for in this section, composed wholly or in chief value of beads or spangles made of glass or paste, gelatin, metal. or other material, but not in part of wool, inimum. sixty per centum ad valorem: Provided, That no article composed wholly or in chief value of beads or spangles made of glass, paste, gelatin, metal, or other material shall pay duty at a less rate than is imposed in any paragraph of this section upon such articles without such beads or spangles. briaw, e tfr 422. Braids, plaits, laces, and willow sheets or squares, braids, etc., for hats. composed wholly or in chief value of straw, chip, grass, palm leaf, willow, osier, rattan, real horsehair, cuba bark, or manila hemp, suitable for making or ornamenting hats, bonnets, or hoods, not bleached, dyed, colored, or stained, fifteen per centum ad valorem; if bleached, dyed, colored, or stained, twenty per centum ad valorem; hats, bonnets, and hoods composed wholly or in chief value of straw, chip, grass, palm leaf, willow, osier, rattan, cuba bark, or manila hemp, whether wholly or partly manufactured, but not trimmed, thirty-five per centum ad valorem; if trimmed, fifty per centum ad valorem. But the terms "grass" and "straw" shall be understood to mean these substances in their natural form and structure, and not the separated fiber thereof. B r u s h e s 423. Brushes, brooms, and feather dusters of all kinds, rooms and hair pencils in quills or otherwise, forty per centum ad valorem. Bristles. 424. Bristles, sorted, bunched, or prepared, seven and one-half cents per pound. Buckles. 425. Trousers buckles and waistcoat buckles, made wholly or partly of iron or steel, or parts thereof, valued at not more than fifteen cents per hundred, five cents per hundred; valued at more than fifteen cents per hundred and not more than fifty cents per hundred, ten cents per hundred; valued at more than fifty cents per hundred, fifteen cents per hundred; and in addition thereto on each and all of the above buckles or parts of buckles, fifteen per centum ad valorem. Button forms. 426. Button forms of lastings, mohair or silk cloth, or other manufactures of cloth, woven or made in patterns of such size, shape or form as to be fit for buttons exclusively, and not exceeding three inches in any one dimension, ten per centum ad valorem. Buttons. 427. Buttons or parts of buttons and button molds or blanks, finished or unfinished, shall pay duty at the following rates, the line-button measure being one-fortieth of one inch, namely: Buttons known commercially as agate buttons, metal trousers buttons (except steel), and nickel bar buttons, one-twelfth of one cent per line per gross; buttons of bone and steel trousers buttons, onefourth of one cent per line per gross; buttons of pearl or shell, one and one-half cents per line per gross; buttons of horn, vegetable ivory, glass, or metal, not specially provided for in this section, three-fourths ofone cent perline NONCONTIGUOUS TERRITORY AND CUBA. 803 per gross, and in addition thereto, on all the foregoing articles in this paragraph, fifteen per centum ad valorem; shoe buttons made of paper, board, papier-mach6, pulp or other similar material, not specially provided for in this section, valued at not exceeding three cents per gross, one cent per gross; snap fasteners, or clasps, or parts thereof, by whatever name known, fifty per centum ad valorem; buttons of metal, embossed with a design, device, pattern, or lettering, forty-five per centum ad valorem; buttons not specially provided for in this section, and all collar or cuff buttons and studs eomposed wholly of bone, motherof-pearl, or ivory, fifty per centum ad valorem. 428. Coal, bituminous, and shale, forty-five cents per Bituminour ton of twenty-eight bushels, eighty pounds to the bushel; coal coal slack or culm, such as will pass through a half-inch screen, fifteen cents per ton of twenty-eight bushels, eighty pounds to the bushel: Provided, That the rate of Provisos. Culm or slack fifteen cents per ton herein designated for "coal slack or defined. culm" shall be held to apply to importations of coal slack or culm produced and screened in the ordinary way, as such, and so shipped from the mine; coke, twenty per Coke, coraposicentum ad valorem; compositions used for fuel in which tions, etc. coal or coal dust is the component material of chief value, whether in briquettes or other form, twenty per centum ad valorem: Provided further, That on all coal imported Drawbkackei into the United States, which is afterwards used for fuel can vessels in for on board vessels propelled by steam and engaged in trade oign trade. with foreign countries, or in trade between the Atlantic and Pacific ports of the United States, and which are registered under the laws of the United States, a drawback shall be allowed equal to the duty imposed by law upon such coal, and shall be paid under such regulations as the Secretary of the Treasury shall prescribe. 429. Cork bark cut into squares, cubes, or quarters, Cork. eight cents per pound; manufactured corks over threefourths of an inch in diamater, measured at larger end, fifteen cents per pound; three-fourths of an inch and less in diameter, measured at larger end, twenty-five cents per pound; cork, artificial, or cork substitutes, manufactured from cork waste or granulated cork, and not otherwise provided for in this section, six cents per pound; manufactures, wholly or in chief value of cork, or of cork bark, or of artificial cork or cork substitutes, granulated or ground cork, not specially provided for in this section, thirty per centum ad valorem. 430. Dice, dominoes, draughts, chessmen, chess balls, Dice, dominoes and billiard, pool, and bagatelle balls, of ivory, bone, or etc. other materials, fifty per centum ad valorem. 431. Dolls, and parts of dolls, doll heads, toy marbles Dolset of whatever materials composed, and all other toys, and parts of toys, not composed of china, porcelain, parian, isque, earthen or stone ware, and not specially provided for in this section, thirty-five per centum ad valorem. 28872~0S.- Doc. 306, 62-2-22 304 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Emery,etc. 432. Emery grains and emery, manufactured, ground, pulverized, or refined, one cent per pound; emery wheels, emery files, and manufactures of which emery or corundum is the component material of chief value, twenty-five per centum ad valorem; crude artificial abrasives, ten per centum ad valorem. Fireworks. 433. Firecrackers of all kinds, eight cents per pound; bombs, rockets, Roman candles, and fireworks of all descriptions, not specially provided for in this section, twelve cents per pound; the weight on all the foregoing to include all coverings, wrappings, and packing material. Fulminates. 434. Fulminates, fulminating powders, and like articles suitable for miners' use, twenty per centum ad valorem; all other not specially provided for in this section, thirty per centum ad valorem. Gunp o w d e r, 435. Gunpowder, and all explosive substances used for etc. mining, blasting, artillery, or sporting purposes, when valued at twenty cents or less per pound, two cents per pound; valued above Twenty cents per pound, four cents per pound. Matches. 436. Matches, friction or lucifer, of all descriptions, per gross of one hundred and forty-four boxes, containing not more than one hundred matches per box, six cents per gross; when imported otherwise than in boxes containig not more than one hundred matches each, three-fourths of one cent per one thousand matches; wax and fancy matches and tapers, thirty-five per centum ad valorem. cas et cu ussion 437. Percussion caps, cartridges, and cartridge shells empty, thirty per centum ad valorem; blasting caps, two dollars and twenty-five cents per thousand; mining, blasting, or safety fuses of all kinds, not composed in chief value of cotton, thirty-five per centum ad valorem. Feathers, etc. 438. Feathers and downs of all kinds, including bird skins or parts thereof with the feathers on, crude or not dressed, colored, or otherwise advanced or manufactured in any manner, not specially provided for in this section, twenty per centum ad valorem; when dressed, colored, or otherwise advanced or manufactured in any manner, including quilts of down and other manufactures of down, and also dressed and finished birds suitable for millinery ornaments, and artificial or ornamental feathers, fruits, grains, leaves, flowers, and stems or parts thereof, of whatever material composed, not specially provided for in this section, sixty per centum ad valorem; boas, boutonnieres, wreaths, and all articles not specially provided for in this section, composed wholly or in chief value of any of the feathers, flowers, leaves, or other materials or articles herein mentioned, sixty per centum ad valorem. Fura 439. Furs dressed on the skin, not advanced further than dyeing, but not repaired, twenty per centum ad valorem; manufactures of furs, further advanced than dressing and dyeing, when prepared for use as material, including plates, linings, and crosses, thirty-five per centum ad valorem; articles of wearing apparel of every NONCONTIGUOUS TERRITORY AND CUBA. 305 description, partly or wholly manufactured, composed of or of which fur is the component material of chief value, fifty per centum ad valorem. Furs not on the skin, prepared for hatters' use, including fur skins carroted, twenty per centum ad valorem. 440. Fans of all kinds, except common palm-leaf fans, Fans fifty per centum ad valorem. 441. Gun wads of all descriptions, twenty per centum Gun wads. ad valorem. 442. Hair, human, if clean or drawn but not manufac- Humanhair. tured, twenty per centum ad valorem; manufactures of human hair, or of which human hair is the component material of chief value, not specially provided for in this section, thirty-five per centum ad valorem. 443. Plushes and woven fabrics (except crinoline cloth A l I m a c-hair and hair seating) and manufactures thereof, composed of plshes etc. the hair of the camel, goat, alpaca, or any animal, combined with wool, vegetable fiber, or silk, shall be classified and dutiable as manufactures of wool. 444. Hair, curled, suitable for beds or mattresses, ten Curled hair. per centum ad valorem. 445. Haircloth, known as "crinoline" cloth, eight cents Haircloth. er square yard; haircloth, known as "hair seating," and hair press cloth, twenty cents per square yard. 446. Hats, bonnets, or hoods, for men's, women's, Fur hats, et boys', or children's wear, trimmed or untrimmed, including bodies, hoods, plateaux, forms, or shapes, for hats or bonnets, composed wholly or in chief value of fur of the rabbit, beaver, or other animals, valued at not more than four dollars and fifty cents per dozen, one dollar and fifty cents per dozen; valued at more than four dollars and fifty cents per dozen and not more than nine dollars per dozen, three dollars per dozen; valued at more than nine dollars per dozen and not more than eighteen dollars per dozen, five dollars per dozen; valued at more than eighteen dollars per dozen, seven dollars per dozen; and in addition thereto, on all the foregoing, twenty per centum ad valorem. 447. Indurated fiber ware and manufactures of pulp, Fiber ware. not specifically provided for in this section, printed or unprinted, thirty-five per centum ad valorem. 448. Chains, pins, collar, cuff, and dress buttons, Jewelry, e charms, combs, millinery and military ornaments, together with all other articles of every description, finished or partly finished, if set with imitation precious stones composed of glass or paste (except imitation jet), or compoAed wholly or in chief value of silver, German silver, white metal, brass, or gun metal, whether or not enameled, washed, covered, plated, or alloyed with gold, silver or nickel, and designed to be worn on apparel or carried on or about or attached to the person, valued at twenty cents per dozen pieces, one cent each and in addition thereto three-fifths of one cent per dozen for each one cent the value exceeds twenty cents per dozen; all stampings and 306 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. materials of metal (except iron or steel), or of metal set. with glass or paste, finished or partly finished, suitable for use in the manufacture of any of the foregoing articles (except chain valued at less than thirty cents per yard other than nickel or nickel-plated chain), valued at seventy-two cents per gross, three cents per dozen pieces and in addition thereto one-half of one cent per gross for each one cent the value exceeds seventy-two cents per gross; rope, curb, cable, and other fancy patterns of chain, without bar, swivel, snap or ring, composed of rolled gold plate or of silver, German silver, white metal, or brass, not exceeding one-half of one inch in diameter, breadth or thickness, valued at thirty cents per yard, six cents per foot, and in addition thereto three-fifths of one cent per yard for each one cent the value exceeds thirty cents per yard; finished or unfinished bags, purses and other articles, or parts thereof, made in chief value of metal mesh composed of silver, German silver, or white metal, valued at two dollars per dozen pieces, ten cents per piece and in addition thereto three-fifths of one cent per dozen pieces for each one cent the value exceeds two dollars per dozen; all of the foregoing, whether known as jewelry or otherwise and whether or not denominatively or otherwise provided for in any other paragraph of this Act, twenty-five per centum ad valorem in addition to the specific rate or rates of duty herein provided; all articles commonly or commercially known as jewelry, or parts thereof, finished or unfinished, including chain, mesh, and mesh bags and purses composed of gold or platinum, whether set or not set with diamonds, pearls, cameos, coral, or other precious or semiprecious stones, or imitations thereof, sixty per centum ad valorem. Pearls and pre- 449. Pearls and parts thereof, drilled or undrilled, but cious tones not set or strung, ten per centum ad valorem; diamonds, coral, rubies, cameos, and other precious stones and semiprecious stones, cut but not set, and suitable for use in the manufacture of jewelry, ten per centum ad valorem; imitation precious stones, including pearls and parts thereof, for use in the manufacture of jewelry, doublets, artificial, or so-called synthetic or reconstructed pearls and parts thereof, rubies, or other precious stones, twenty per centum ad valorem. Hdeitted frtt' 450. Hides of cattle, raw or uncured, whether dry, Proviso. salted, or pickled, shall be admitted free of duty: Provided, Shoe leather. That on and after October first, nineteen hundred and sh o et s a nine, grain, buff, and split leather shall pay a duty of seven and one-half per centum ad valorem; that all boots and shoes, made wholly or in chief value of leather made from cattle hides and cattle skins of whatever weight, of cattle of the bovine species, including calfskins, shall pay a duty Harness, etc. of ten per centum ad valorem; that harness, saddles and saddlery, in sets or in parts, finished or unfinished, composed wholly or in chief value of leather, shall pay a duty of twenty per centum ad valorem. NONCONTIGUOUS TEhBRITOY A" CUBA. 807 451. Band, bend, or belting leather, rough leather, and Leathersole leather, five per centum ad valorem; dressed upper and all other leather, calfskins tanned or tanned and dressed, kangaroo, sheep and goat skins (including lamb and kid skins) dressed and finished, other skins and bookbinders' calfskins, all the foregoing not specially provided for in this section, fifteen per centum ad valorem; chamois skin, twenty per centum ad valorem; skins for morocco, tanned but unfinished, five per centum ad valorem; patent, japanned, varnished, or enameled leather weighing not over ten pounds per dozen hides or skins, twenty-seven cents per pound and fifteen per centum ad valorem; if weighing over ten pounds and not over twenty-five pounds per dozen, twenty-seven cents per pound and eight per centum ad valorem; if weighing over twenty-five pounds per dozen, twenty cents per pound and ten per centum ad valorem; pianoforte leather and pianoforte-action leather, and glove leather, twenty per centum ad valorem; leather shoelaces, finished or unfinished, fifty cents per gross pairs and ten per centum ad valorem; boots and shoes made of leather, fifteen per centum ad valorem: Provided, That Provo leather cut into shoe uppers or vamps or other forms, suit- shoe up pers able for conversion into manufactured articles, and etLeather. gauffre leather, shall pay a duty of ten per centum ad valorem in addition to the duty imposed by this paragraph on leather of the same character as that from which they are cut. 452. Bags, baskets, belts, satchels, card cases, pocket- Mfanufactures. books, jewel boxes, portfolios, and other boxes and cases, made wholly of or in chief value of leather, not jewelry, and manufactures of leather, or of which leather is the component material of chief value, not specially provided for in this section, forty per centum ad valorem; any of the foregoing permanently fitted and furnished with traveling, bottle, drinking, dining or luncheon and similar sets, fifty per centum ad valorem. 453. Gloves made wholly or in part of leather, whether Gloves. wholly or partly manufactured, shall pay duty at the following rates, the lengths stated in each case being the extreme length when stretched to their full extent, namely: 454. Women's or children's "glace" finish, Schmaschen schmasche (of sheep origin), not over fourteen inches in length, one dollar and twenty-five cents per dozen pairs; over fourteen inches and not over seventeen inches in length, two dollars and twenty-five cents per dozen pairs; over seventeen inches in length, two dollars and seventy-five cents per dozen pairs; men's "glace" finish, Schmaschen (sheep), three ollars per dozen pairs. 455. Women's or children's "glace" finish, lamb or Lamborsbeep sheep, not over fourteen inches in length, two dollars and fifty cents per dozen pairs; over fourteen and not over seventeen inches in length, three dollars and fifty cents per dozen pairs; over seventeen inches in length, 308 LAWS RELATING TO ItStLAti ANDt MILITAtR AFPAIRS. four dollars and fifty cents per dozen pairs; men's ("glace" finish, lamb or sheep, four dollars per dozen pairs. Goat, kid, etc. 456. Women's or children's "glace" finish, goat, kid, or other leather than of sheep origin, not over fourteen inches in length, three dollars per dozen pairs; over fourteen and not over seventeen inches in length, three dollars and seventy-five cents per dozen pairs; over seventeen inches in length, four dollars and seventy-five cents per dozen pairs; men's "glace" finish, kid, goat, or other leather than of sheep origin, four dollars per dozen pairs. reEmoeorsurfa 457. Women's or children's, of sheep origin, with exsheep. terior grain surface removed, by whatever name known, not over seventeen inches in length, two dollars and fifty cents per dozen pairs; over seventeen inches in length, three dollars and fifty cents per dozen pairs; men's, of sheep origin, with exterior surface removed, by whatever name known, four dollars per dozen pairs. Kid, goat, etc. 458. Women's or children's kid, goat, or other leather than of sheep origin, with exterior grain surface removed, by whatever name known, not over fourteen inches in length, three dollars per dozen pairs; over fourteen inches and not over seventeen inches in length, three dollars and seventy-five cents per dozen pairs; over seventeen inches in length, four dollars and seventy-five cents per dozen pairs; men's goat, kid, or other leather than of sheep origin, with exterior grain surface removed, by whatever name known, four dollars per dozen pairs. Ctumulativedu- 459. In addition to the foregoing rates there shall be Lined pique, paid the following cumulative duties: On all leather and stitced. gloves, when lined, one dollar per dozen pairs; on all pique or prix seam gloves, forty cents per dozen pairs; on all gloves stitched or embroidered, with more than three single strands or cords, forty cents per dozen pairs. love tranks. 460. Glove tranks, with or without the usual accompanying pieces, shall pay seventy-five per centum of the duty provided for the gloves in the fabrication of which they are suitable. Harness, etc. 461. Harness, saddles, saddlery, in sets or in parts, finished or unfinished, thirty-five per centum ad valorem. mAn m be retc. 462. Manufactures of amber, asbestos, bladders, catgut or whip gut or worm gut, or wax, or of which these substances or any of them is the component material of chief value, not specially provided for in this section, twenty-five per centum ad valorem; woven fabrics composed wholly or in chief value of asbestos, forty per centum ad valorem. Boa, crahp, 463. Manufactures of bone, chip, grass, horn, quills, manufactures. india rubber, palm leaf, straw, weeds, or whalebone, or of which these substances or any of them is the component material of chief value, not specially provided for in this section, thirty-five per centum ad valorem; but Grass and the terms "grass" and "straw" shall be understood to mean these substances in their natural form and structure, and not the separated fiber thereof; sponges made of NONCONTIGUOUS TERRITORY AND CUBA. 309 rubber, forty per centum ad valorem; combs, composed wholly of horn, or composed of horn and metal, fifty per centum ad valorem. 464. Manufactures of gutta-percha, ivory, vegetable iouttceoh a, ivory, mother-of-pearl and shell, plaster of Paris, papier- factures mache, and vulcanized india rubber known as "hard rubber," or of which these substances or any of them is the component material of chief value, not specially provided for in this section, and shells engraved, cut, ornamented, or otherwise manufactured, thirty-five per centum ad valorem. 465. Masks, composed of paper or pulp, thirty-five per Masks centum ad valorem. 466. Matting made of cocoa fiber or rattan, six cents tCocoa fbermatper square yard; mats made of cocoa fiber or rattan, four cents per square foot. 467. Musical instruments or parts thereof, pianoforte Musial instruactions and parts thereof, strings for musical instru-mn ments, not otherwise enumerated in this section, cases for musical instruments, pitch pipes, tuning forks, tuning hammers, and metronomes; strings for musical instruments, composed wholly or in part of steel or other,metal, all the foregoing, forty-five per centum ad valorem. 468. Phonographs, gramophones, graphophones, and,thonographs, similar articles, or parts thereof, forty-five per centum ad valorem. 469. Violin rosin, in boxes or cases or otherwise, Violin rosin. twenty per centum ad valorem. 470. Paintings in oil or water colors, pastels, pen and Painti'ngs, etc. ink drawings, and sculptures, not specially provided for Scupt"ires and in this section, fifteen per centum ad valorem; but the tg dfd. term "sculptures" as used in this Act shall be understood to include only such as are cut, carved, or otherwise wrought by hand from a solid block or mass of marble, stone, or alabaster, or from metal, and as are the professional production of a sculptor only, and the term "painting" as used in this Act shall be understood not to include such as are made wholly or in part by stenciling or other mechanical process. 471. Peat moss, one dollar per ton. Peatmoss. 472. Pencils of paper or wood, or other material not Pencil metal, filled with lead or other material, and pencils of lead, forty-five cents per gross and twenty-five per centum ad valorem; slate pencils, covered with wood, thirty-five per centum ad valorem; all other slate pencils, three cents per one hundred. 473. Pencil leads not in wood, or other material, black, Pencil da three-fourths of one cent per ounce; colored, one and one-fourth cents per ounce; copying, two cents per ounce. 474. Photographic dry plates or films, not otherwise Phlotogra ph o specially provided for in this section, twenty-five per Moving-picture centum ad valorem. Photographic film negatives, im- negative ported in any form, for lse in any way in connection with 810 LAWS UPLATING TO IXSVLAR A) MIUTAUV APPAIM. moving-picture exhibits, or for making or reproducing pictures for such exhibits, and moving-picture films not developed or exposed, twenty-five per centum ad valorem. Positives Photographic film positives, imported in any form, for use in any way in connection with moving-picture exhibits, including herein all moving, motion, motophotography or cinematography film pictures, prints, positives or duplicates of every kind and nature, and of whatever substance made, one and one-half cents per linear or running foot. smokers articles 475. Pipes and smokers' articles: Common tobacco pipes and pipe bowls made wholly of clay, valued at not more than forty cents per gross, fifteen cents per gross; other tobacco pipes and pipe bowls of clay, fifty cents per gross and twenty-five per centum ad valorem; other pipes and pipe bowls of whatever material composed, and all smokers articles whatsoever, not specially provided for in this section, including cigarette books, cigarette book covers, pouches for smoking or chewing tobacco, and cigarette paper in all forms, sixty per centum ad valorem. Agricultural 476. Plows, tooth and disk harrows, harvesters, reapers, agricultural drills and planters, mowers, horserakes, cultivators, threshing machines, and cotton gins, fifteen Admitted free per centum ad valorem: Provided, That any of the forefrom countryim- going, when imported from any country, dependency, posing no duty province, or colony which imposes no tax or duty on like articles imported from the United States, shall be imported free of duty. Hatters'plush. 477. Plush, black, known commercially as hatters' plush, composed of silk, or of silk and cotton, such as is used exclusively for making men's hats, ten per centum ad valorem. Umbrella, etc. 478. Umbrellas, parasols, and sunshades covered with material other than paper or lace, fifty per centum ad valorem. Sticks for umbrellas, parasols, or sunshades, and walking canes, finished or unfinished, forty per centum ad valorem. Waste. 479. Waste, not specially provided for in this section, ten per centum ad valorem. atonedntu mer- 480. That there shall be levied, collected, and paid on Unnianufac- the importation of all raw or unmanufactured articles, not tured. enumerated or provided for in this section, a duty of ten Manufactured. per centum ad valorem, and on all articles manufactured, in whole or in part, not provided for in this section, a duty of twenty per centum ad valorem. Simiar to enu- 481. That each and every imported article, not enumerated.im reailnt u merated in this section, which is slmilar, either in material, qualityz texture, or the use to which it may be applied, to any article enumerated in this section as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any Resembling of the particulars before mentioned; and if any nonenumerated article equally resembles two or more enumer XoIo WPagrIGuotJS 1ERRRITO1Y ANID CBI3A. ated articles on which different rates of duty are chargeable, there shall be levied on such nonenumerated article the same rate of duty as is chargeable on the article which it resembles paying the highest rate of duty; and Of two or mot on articles not enumerated, manufactured of two or more materials, the duty shall be assessed at the highest rate at which the same would be chargeable if composed wholly of the component material thereof of chief value; and the mapterial tofc words "component material of chief value," wherever value" defined used in this section, shall be held to mean that component material which shall exceed in value any other single component material of the article; and the value of each component material shall be determined by the ascertained value of such material in its condition as found in the article. If two or more rates of duty shall be applicable to pHighestrate any imported article, it shall pay duty at the highest of such rates. FREE LIST. Free list That on and after the day following the passage of this A*rtiesemxempt Act, except as otherwise specially provided for in this Act, R. S., sec. 250 the articles mentioned in the following paragraphs shall, when imported into the United States or into any of its possessions (except the Philippine slands and the islands of Guam and Tutuila), be exempt from duty: 482. Acids: Arsenic or arsenious, benzoic, carbolic, Acida fluoric, hydrochloric or muriatic, nitric, phosphoric, phthalic, picric or nitropicric, prussic, silicic, and valorianic. 483. Aconite. 484. Acorns, raw, dried or undried, but unground. 485. Agates, unmanufactured. 486. Albumen, not specially provided for in this section. 487. Alizarin, natural or artificial, and dyes derived from alizarin or from anthracin. 488. Amber, and amberoid unmanufactured, or crude gum, gum Kauri, and gum Copal. 489. Ambergris. 490. Ammonia, sulphate of. 491. Aniline salts. 492. Any animal imported by a citizen of the United Animals for States specially for breeding purposes shall be admitted free, whether intended to be so used by the importer himself, or for sale for such purpose: Provided, That no such Poviry. animal shall be admitted free unless pure bred of a recog- quired. nized breed, and duly registered in the book of record established for that breed: And providedfurther, That cer- certifcates,t tificate of such record and of the pedigree of such animal shall be produced and submitted to the customs officer, duly authenticated by the proper custodian of such book of record, together with the affidavit of the owner, agent, or importer that such animal is the identical animal described in said certificate of record and pedigree: And 312 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Determination provided further, That the Secretary of Agriculture shall breeds.nized determine and certify to the Secretary of the Treasury what are recognized breeds and pure bred animals under the provisions of this paragraph. The Secretary of the Treasury may prescribe such additional regulations as may be required for the strict enforcement of this proAnimals cross- vision. Cattle, horses, sheep, or other domestic animals Ig bndary. straying across the boundary line into-any foreign country, or driven across such boundary line by the owner for temporary pasturage purposes only, together with their offspring, may be brought back to the United States within six months free of duty, under regulations to be Already im-prescribed by the Secretary of the Treasury: And proported. vided further, That the provisions of this Act shall apply to all such animals as have been imported and are in quarantine, or otherwise in the custody of customs or other officers of the United States, at the date of the passage of this Act. Animals for ex- 493. Animals brought into the United States temporahibition, et. rily for a period not exceeding six months, for the purpose of breeding, exhibition or competition for prizes offered by any agricultural, polo, or racing association; but a bond shall be given in accordance with regulations prescribed Teams, etc., of by the Secretary of the Treasury; also teams of animals, immigrants. including their harness and tackle and the wagons or other vehicles actually owned by persons emigrating from foreign countries to the United States with their families, and in actual use for the purpose of such emigration under such regulations as the Secretary of the Treasury may Wild animals. prescribe; and wild animals intended for exhibition in zoological collections for scientific and educational purposes, and not for sale or profit. 494. Annatto, roucou, rocoa, or orleans, and all extracts of. 495. Apatite. 496. Arrowroot in its natural state and not manufactured. 497. Arsenic and sulphide of arsenic, or orpiment. 498. Arseniate of aniline. 499. Articles in a crude state used in dyeing or tanning not specially provided for in this section. Articles re- 500. Articles the growth, produce, or manufacture of the United States, not including animals, when returned after having been exported, without having been advanced in value or improved in condition by any process of manufacture or other means; casks, barrels, carboys, bags, and other containers or coverings of American manufacture exported filled with American products, or exported empty and returned filled with foreign products, including shooks and staves when returned as barrels or boxes; also quicksilver flasks or bottles, iron or steel drums used for the shipment of acids, of either domestic or foreign manufacture, which shall have been actually NONCONTIGUOUS TERRITORY AND CUBA. 818 exported from the United States; but proof of the iden- Proof of identity of such articles shall be made, under general regula- tity. tions to be prescribed by the Secretary of the Treasury, but the exemption of bags from duty shall apply only to such domestic bags as may be imported by the exporter thereof, and if any such articles are subject to internalrevenue tax at the time of exportation, such tax shall be proved to have been paid before exportation and not refunded; photographic dry plates or films of American Photographio manufacture (except moving-picture films), exposedm' abroad, whether developed or not, and films from movingpicture machines, light struck or otherwise damaged, or worn out, so as to be unsuitable for any other purpose than the recovery of the constituent materials, provided the basic films are of American manufacture, but proof of the identity of such articles shall be made under general regulations to be prescribed by the Secretary of the Treasury: Provided, That this paragraph shall not apply to any Proos. article upon which an allowance of drawback has been Cptions made, the reimportation of which is hereby prohibited except upon payment of duties equal to the drawbacks allowed; or to any article manufactured in bonded warehouse and exported under any provision of law: And provided further, That when manufactured tobacco which has Tobacco, to be been exported without payment of internal-revenue tax taxed. shall be Teimported it shall be retained in the custody of the collector of customs until internal-revenue stamps in payment of the legal duties shall be placed thereon. 501. Asbestos, unmanufactured. 502. Ashes, wood and lye of, and beet-root ashes. 503. Asafetida. 504. Balm of Gilead. 505. Barks, cinchona or other from which quinine may be extracted. 506. Beeswax. 507. Binding twine: All binding twine manufactured Binding twine from New Zealand hemp, manila, istle or Tampico fiber, sisal grass, or sunn, or a mixture of any two or more of them, of single ply and measuring not exceeding six hundred feet to the pound: Provided, That articles men- Provio. tioned in this paragraph, if imported from a country which Exception. lays an import duty on like articles imported from the United States, shall be subject to a duty of one-half of one cent per pound. 508. Bells, broken, and bell metal broken and fit only to be remanufactured. 509. Birds, stuffed, not suitable for millinery ornaments. 510. Birds and land and water fowls. 511. Bismuth. 512. Bladders, and all integuments, tendons and intestines of animals and fish sounds, crude, dried or salted for 14 LAWS tLATIfG TO INSUtLAR AND MILITARY AFFAIRS. preservation only, and unmanufactured, not specially provided for in this section. 513. Blood, dried, not specially provided for in this section. 514. Bolting cloths composed of silk, imported expressly for milling purposes, and so permanently marked as not to be available for any other use. 515. Bones, crude, or not burned, calcined, ground, steamed, or otherwise manufactured, and bone dust or animal corbon, and bone ash, fit only for fertilizing purposes. Books, etc. 516. Books, engravings, photographs, etchings, bound or unbound, maps and charts imported by authority or for the use of the United States or for the use of the Library of Congress. 517. Books, maps, music, engravings, photographs, etchings, bound or unbound, and charts, which shall have been printed more than twenty years at the date of importation, and all hydrographic charts, and publications issued for their subscribers or exchanges by scientific and literary associations or academies, or publications of individuals for gratuitous private circulation, and public documents issued by foreign governments. 518. Books and pamphlets printed chiefly in languages other than English; also books and music, in raised print, used exclusively by the blind. 519. Books, maps, music, photographs, etchings, lithographic prints, and charts, specially imported, not more than two copies in any one invoice, in good faith, for the use and by order of any society or institution incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, or for the encour. agement of the fine arts, or for the use and by order of any college, academy, school, or seminary of learning in the United States, or any state or public library, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe. Household ef- 520. Books, libraries, usual and reasonable furniture, and similar household effects of persons or families from foreign countries, all the foregoing if actually used abroad by them not less than one year, and not intended for any other person or persons, nor for sale. 521. Brass, old brass, clippings from brass or Dutch metal, all the foregoing, fit only for remanufacture. 522. Brazilian pebble, unwrought or unmanufactured. 523. Bristles, crude, not sorted, bunched, or prepared. 524. Bullion, gold or silver. 525. Burgundy pitch. 526. Cadmium. 527. Camphor, crude, natural. 528. Castor or castoreum. 529. Catgut, whip gut, or worm gut, unmanufactured. 530. Cerium, cerite, or cerium ore. NONCONTIGUOUS TERRITORY AND CUBA. 316 531. Chalk, crude, not ground, bolted, precipitated, or otherwise manufactured. 532. Chromate of iron or chromic ore. 533. Civet, crude. 534. Clay: Common blue clay and Gross-Almerode glass-pot clay, in cases or casks suitable for the manufacture of crucibles and glass melting pots or tank blocks. 535. Coal, anthracite, and coal stores of American ves- Cosels, but none shall be unloaded. 536. Coal tar, crude, pitch of coal tar, and products of Coa-tar prod coal tar known as dead or creosote oil, benzol, toluol,s. naphthalin, xylol, phenol, cresol, toluidine, xylidin, cumidin, binitroto uol, binitrobenzol, benzidin, tolidin, dianisidin, naphtol, naphtylamin, diphenylamin, benzaldehyde, benzyl chloride, resorcin, nitro-benzol, and nitrotoluol, naphtylaminsulfoacids and their sodium or potassium salts, naphtolsulfoacids and their sodium or potassium salts, amidonaphtolsulfoacids and their sodium or potassium salts, amidosalicylic acid, binitrochlorbenzol, diamidostilbendisulfoacid, metanilic acid, paranitranilin, dimethylanilin; all the foregoing not medicinal and not colors or dyes. 537. Cobalt and cobalt ore. 538. Cocculus indicus. 539. Cochineal. 540. Cocoa, or cacao, crude, and fiber, leaves, and shells of. 541. Coffee. coffee. 542. Coins of gold, silver, copper, or other metal. 543. Coir, and coir yarn. 544. Copper ore; regulus of, and black or coarse copper, copper. and copper cement; old copper, fit only for remanufacture, clippings from new copper, and copper in plates, bars, ingots, or pigs, not manufactured or specially provided for in this section. 545. Composition metal of which copper is the component material of chief value, not specially provided for in this section 546. Coral, marine, uncut, and unmanufactured. 547. Cork wood, or cork bark, unmanufactured. 548. Cotton, and cotton waste or flocks. 549. Cryolite, or kryolith. 550. Cudbear. 551. Curling stones, or quoits, and curling-stone handles. 552. Curry, and curry powder. 553. Cuttlefish bone. 554. Dandelion roots, raw, dried, or undried, but unground. 555. Diamonds and other precious stones, rough or un- Preclos stonie. cut, and not advanced in condition or value from their natural state by cleaving, splitting, cutting, or other process, including glaziers' and engravers' diamonds not set. 816 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 556. Miners' diamonds, whether in their natural form or broken, and bort; any of the foregoing not set, and diamond dust. 557. Divi-divi. 558. Dragon's blood. Crude drugs. 559. Drugs, such as barks, beans, berries, balsams, buds, bulbs, bulbous roots, excrescences, fruits, flowers, dried fibers, dried insects, grains, gums, gum resins, herbs, leaves, lichens, mosses, nuts, nutgalls, roots, stems, spices, vegetables, seeds (aromatic, not garden seeds), seeds of morbid growth, weeds, and woods used expressly for dyeing or tanning; any of the foregoing which are natural and uncompounded drugs and not edible and not specially provided for in this section, and are in a crude state, not advanced in value or condition by any process or treatment whatever beyond that essential to the proper packing of the drugs and the prevention of decay or deterioration fProvls e, pending manufacture: Provided, That no article containAlcohol excluded. ing alcohol, or in the preparation of which alcohol is used, shall be admitted free of duty under this paragraph. o s 560. Eggs of birds, fish, and insects (except fish roe Prohibition. preserved for food purposes): Provided, however, That the importation of eggs of game birds or eggs of birds not used for food, except specimens for scientific collections, is Exception. prohibited: Provided further, That the importation of eggs of game birds for purposes of propagation is hereby authorized, under rules and regulations to be prescribed by the Secretary of the Treasury. 561. Emery ore and corundum. 562. Ergot. 563. Fans, common palm-leaf, plain and not ornamented or decorated in any manner, and palm leaf in its natural state, not colored, dyed, or otherwise advanced or manufactured. 564. Felt, adhesive, for sheathing vessels. 565. Fence posts of wood. 566. Fibrin, in all forms. Fish of Amer- 567. Fish, fresh, frozen, or packed in ice, caught in the Great Lakes or other fresh waters by citizens of the United States, and all other fih, the products of American fisheries. 568. Fish skins. 569. Flint, flints, and flint stones, unground. 570. Fossils. Fritn. 571. Fruits or berries, green, ripe, or dried, and fruits in brine, not specially provided for in this section. 572. Fruit plants, tropical and semitropical, for the purpose of propagation or cultivation. 573. Furs, undressed. 574. Fur skin of all kinds not dressed in any manner and not specially provided for in this section. 575. Gambier. 576. Glass enamel, white, for watch and clock dials. NONCONTIGUOUS TERRITOBY AND CUBA. 317 577. Glass plates or disks, rough-cut or unwrought, for Glassdisks. use in the manufacture of optical instruments, spectacles, and eyeglasses, and suitable only for such use: Provided, PrOvinga.however, That such disks exceeding eight inches in diam- lowed. eter may be polished sufficiently to enable the character of the glass to be determined. 578. Grasses and fibers: Istle or Tampico fiber, jute, lrude textile jute butts, manila, sisal grass, sunn, and all other textile grasses or fibrous vegetable substances, not dressed or manufactured in any manner, and not specially provided for in this section. 579. Gold beaters' molds and gold beaters' skins. 580. Grease, fats, vegetable tallow, and oils (excepting fish oils), such as are commonly used in soap making or in wire drawing, or for stuffing or dressing leather, and which are fit only for such uses, and not specially provided for in this section. 581. Guano, manures, and all substances used only for Fertilizers. manure, including basic slag, ground or unground, and calcium cyanamid or lime nitrogen. 582. Gutta-percha, crude. 583. Hair of horse, cattle, and other animal hair, or uncleaned, drawn or undrawn, but unmanufactured, not specially provided for in this section; and human hair, raw, uncleaned, and not drawn. 584. Hide cuttings, raw, with or without hair, and all other glue stock. 585. Hide rope. 586. Hones and whetstones. 587. Hoofs, unmanufactured. 588. Hop roots for cultivation. 589. Horns and parts of, including horn strips and tips, unmanufactured. 590. Ice. 591. India rubber, crude, and milk of, and scrap or India rubber. refuse India rubber, fit only for remanufacture, and which has been worn out by use. 592. Indigo. 593. Iodine, crude. 594. Ipecac. 595. Iridium, osmium, palladium, rhodium, and ru- Iridim, etc. thenium and native combinations thereof with one another or with platinum. 596. Ivory tusks in their natural state or cut vertically Ivory. across the grain only, with the bark left intact, and vegetable ivory in its natural state. 597. Jalap. 598. Jet, unmanufactured. 599. Joss stick, or Joss light. 600. Junk, old. 601. Kelp. 602. Kieserite. 603. Kindling wood. 318 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 604. Kyanite, or cyanite, and kainite. 605. Lac dye, crude, seed, button, stick, and shell. 606. Lac spirits. 607. Lactarene, or casein. 608. Lava, unmanufactured. 609. Leeches. 610. Lemon juice, lime juice, and sour orange juice, all the foregoing containing not more than two per centum of alcohol. 611. Licorice root, unground. parasving ap 612. Lifeboats and life-saving apparatus specially imported by societies incorporated or established to encourage the saving of human life. 613. Lime, citrate of. 614. Lithographic stones, not engraved. 615. Litmus, prepared or not prepared. 616. Loadstones. 617. Madder and munjeet, or Indian madder, ground or prepared, and all extracts of. 618. Magnesite, crude or calcined, not purified. 619. Manganese, oxide and ore of. 620. Manna. 621. Manuscripts. 622. Marrow, crude. 623. Marshmallow or althea root, leaves or flowers, natural or unmanufactured. 624. Medals of gold, silver, or copper, and other metallic articles actually bestowed as trophies or prizes, and received and accepted as honorary distinctions. 625. Meerschaum, crude or unmanufactured. Crdeminerals. 626. Minerals, crude, or not advanced in value or condition by refining or grinding, or by other process of manufacture, not specially provided for in this section. 627. Mineral salts obtained by evaporation from mineral waters, when accompanied by a duly authenticated certificate and satisfactory proof, showing that they are in no way artificially prepared, and are only the product of a designated mineral spring. Miners' rescue 628. Miners' rescue appliances, designed for emergency use in mines where artificial breathing is necessary in the presence of poisonous gases, to aid in the saving of human life, and miners' safety lamps. 629. Models of inventions and of other improvements in the arts, to be used exclusively as models and incapable of any other use. 630. Moss, seaweeds, and vegetable substances, crude or unmanufactured, not otherwise specially provided for in this section. 631. Musk crude, in natural pods. 632. Myrobolans. Needles. 633. Needles, hand sewing and darning. Periodicals. 634. Newspapers and periodicals; but the term "periodicals" as herein used shall be understood to embrace only unbound or paper-covered publications issued within NONCONTIGUOUS TERRITORY AND CUBA. 319 six months of the time of entry, devoted to current literature of the day, or containing current literature as a predominant feature, and issued regularly at stated periods, as weekly, monthly, or quarterly, and bearing the date of issue. 635. Nuts: Brazil nuts, cream nuts, marrons crude, Nuts palm nuts and palm-nut kernels; cocoanuts in the shell and broken cocoanut meat or copra, not shredded, desiccated, or prepared in any manner. 636. Nux vomica. 637. Oakum. 638. Oil cake. 639. Oils: Almond, amber, crude and rectified am- Os bergris, anise or anise seed, aniline, aspic or spike lavender, bergamot, cajeput, caraway, cassia, cinnamon, cedrat, chamomile, citronella or lemon grass, civet, cocoanut (not refined and deodorized), cotton-seed, croton, fennel, ichthyol, jasmine or jasimine, juglandium, juniper, lavender, lemon, limes, mace, neroli or orange flower, enfleurage grease, liquid and solid primal flower essences not compounded, nut oil or oil of nuts, soya-bean, olive oil rendered unfit for use as food or for any but mechanical or manufacturing purposes, by such means as shall be satisfactory to the Secretary of the Treasury and under regulations to be prescribed by him; attar of roses, palm, palm kernel, rosemary or anthoss, sesame or sesamum seed or bean, thyme, origanum red or white, valerian; and also spermaceti, whale, and other fish oils of American fisheries, and all fish and other products of such fisheries; petroleum, crude or refined, including kerosene, Petroleum. benzine, naphtha, gasoline, and similar oils produced from petroleum. 640. Oleo stearin. 641. Orange and lemon peel, not preserved, candied, or dried. 642. Orchil, or orchil liquid. 643. Ores of gold, silver, or nickel, and nickel matte; sweepings of gold and silver. 644. Paper stock, crude, of every description, includ- Paperstock. ing all grasses, fibers, rags (other than wool), waste, including jute waste, shavings, clippings, old paper, rope ends, waste rope, and waste baggmg, and all other waste not specially provided for in' this section, including old gunny cloth and old gunny bags, used chiefly for papermaking. 645. Paraffin. 646. Parchment and vellum. 647. Pearl, mother of, and shells, not sawed, cut, polished, or otherwise manufactured, or advanced in value from the natural state. 648. Personal effects, not merchandise, of citizens of the United States dying in foreign countries. 649. Pewter and britannia metal, old, and fit only to be remanufactured. 28872~-S. Doc. 306, 62-2-23 820 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. scAppaatus r 650. Philosophical and scientific apparatus, utensils, eties, etc. instruments, and preparations, including bottles and boxes containing the same, specially imported in good faith for the use and by order of any society or institution incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, or for the encouragement of the fine arts, or for the use and by order of any college, academy, school, or seminary of learning in the United States, or any state or public library, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe. 651. Phosphates, crude. Pla, etc for 652. Plants, trees, shrubs, roots, seed cane, and seeds, the Government.. imported by the Department of Agriculture or the United States Botanic Garden. Platinum. 653. Platinum, unmanufactured or in ingots, bars, plates, sheets, wire, sponge, or scrap, and vases, retorts, and other apparatus, vessels, and parts thereof, composed of platinum, for chemical uses. 654. Plumbago. Potash. 655. Potash, crude, or "black salts;" carbonate of potash, crude or refined; hydrate of, or caustic potash, not including refined in sticks or rolls; nitrate of potash or saltpeter, crude; sulphate of potash, crude or refined, and muriate of potash. booksetcss onal 656. Professional books, implements, instruments, and migrants. tools of trade, occupation, or employment, in the actual possession at the time of arrival, of persons emigrating to the United States; but this exemption shall not be construed to include machinery or other articles imported for use in any manufacturing establishment, or for any other person or persons, or for sale, nor shall it be conprety tempol strued to include theatrical scenery, properties, and apraray. parel; but such articles brought by proprietors or managers of theatrical exhibitions arriving from abroad, for temporary use by them in such exhibitions, and not for any other person, and not for sale, and which have been used by them abroad, shall be admitted free of duty under such regulations as the Secretary of the Treasury Bond. may prescribe; but bonds shall be given for the payment to the United States of such duties as may be imposed by law upon any and all such articles as shall not be exported Extend ing within six months after such importation: Provided, term. That the Secretary of the Treasury may, in his discretion, extend such period for a further term of six months in case application shall be made therefor. 657. Pulu. cinchona. 658. Quinia, sulphate of, and all alkaloids or salts of cinchona bark. 659. Radium. 660. Rags, not otherwise specially provided for in this section. Models of art 661. Statuary and casts of sculpture for use as models or for art educational purposes only; regalia and gems, NONCONTIGUOUS TERRITORY AND CUBA. 321 where specially imported in good faith for the use and by order of any society incorporated or established solely for religious, philosophical, educational, scientific, or literary purposes, or for the encouragement of the fine arts, or for the use and by order of any college, academy, school, seminary of learning, orphan asylum, or public hospital in the United States, or any State or public library, and not for sale, subject to such regulations as the Secretary of the Treasury shall prescribe; but the term "regalia strul ed cn.as herein used shall be held to embrace only such insignia of rank or office or emblems as may be worn upon the person or borne in the hand during public exercises of the society or institution, and shall not include articles of furniture or fixtures, or of regular wearing apparel, nor personal property of individuals. 662. Rennets, raw or prepared. 663. Saffron and safflower, and extract of, and saffron cake. 664. Sago, crude, and sago flour. 665. Salicin. 666. Salep, or salop. 667. Sausages, bologna. 668. Seeds: Anise, canary, caraway, cardamom, cauli- seeds flower, coriander, cotton, cummin, fennel, fenugreek, hemp, hoarhound, mangelwurzel, mustard, rape, Saint John's bread or bean, sugar beet, sorghum or sugar cane for seed; bulbs and bulbous roots, not edible and not otherwise provided for in this section; all flower and grass seeds; evergreen seedlings; all the foregoing not specially provided for in this section. 669. Sheep dip. 670. Shotgun barrels, in single tubes, forged, rough bored. 671. Shrimps and other shellfish. 672. Silk, raw, in skeins reeled from the cocoon, or suil rereeled, but not wound, doubled, twisted, or advanced in manufacture in any way. 673. Silk cocoons and silk waste. 674. Silkworm eggs. 675. Skeletons and other preparations of anatomy. 676. Skins of all kinds, raw (except sheepskins with the hs n s and wool on), and hides not specially provided for in this section. 677. Soda, nitrate of, or cubic nitrate. 678. Specimens of natural history, botany, and mineralogy, when imported for scientific public collections, and not for sale. 679. Spices: Cassia, cassia vera, and cassia buds; srlcea cinnamon and chips of; cloves and clove stems; mace; nutmegs; pepper, black or white, and pimento; all the foregoing when unground; ginger root, unground and not preserved or candied. 680. Spunk. 322 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 681. Spurs and stilts used in the manufacture of earthen, porcelain, and stone ware. 682. Stamps; foreign postage or revenue stamps, canceled or uncanceled, and foreign government stamped post cards bearing no other printing than the official imprint thereon. Stoneandsand. 683. Stone and sand: Burrstone in blocks, rough or unmanufactured; cliff stone, unmanufactured; rotten stone, tripoli, and sand, crude or manufactured, not otherwise provided for in this section. 684. Storax, or styrax. 685. Strontia, oxide of, and protoxide of strontian, and strontianite, or mineral carbonate of strontia. Sulphur. 686. Sulphur, lac or precipitated, and sulphur or brimstone, crude, in bulk, sulphur ore as pyrites, or sulphuret of iron in its natural state, containing in excess of twentyfive per centum of sulphur, and sulphur not otherwise provided for in this section. Sulphuric acid. 687. Sulphuric acid which at the temperature of sixty degrees Fahrenheit does not exceed the specific gravity of one and three hundred and eighty one-thousandths, for use in manufacturing superphosphate of lime or artificial manures of any kind, or for any agricultural purposes: Retaliatory Provided, That upon all sulphuric acid imported from duty. any country, whether independent or a dependency, which imposes a duty upon sulphuric acid imported into such country from the United States, there shall be levied and collected a duty of one-fourth of one cent per pound. 688. Tamarinds. 689. Tapioca, tapicoa flour, cassava or cassady. 690. Tar and pitch of wood. Teav. 691. Tea and tea plants: Provided, That nothing Impure tea. herein contained shall be construed to repeal or impair the provisions of an Act entitled "An Act to prevent the importation of impure and unwholesome tea," approved March second, eighteen hundred and ninety-seven, and any Act amendatory thereof. 692. Teeth, natural, or unmanufactured. 693. Terra alba, not made from gypsum or plaster rock. 694. Terra japonica. Proviso. 695. Tin ore, cassiterite or black oxide of tin, and tin in Duty imposed bars, blocks, pigs, or grain or granulated: Provided, when native products r e a ch That there shai be imposed and paid upon cassiterite, or 1,500 tons a year. black oxide of tin, and upon bar, block, pig tin and grain or granulated, a duty of four cents per pound when it is made to appear to the satisfaction of the President of the United States that the mines of the United States are producing one thousand five hundred tons of cassiterite and bar, block, and pig tin per year. The President shall make known this fact by proclamation, and thereafter said duties shall go into effect. 696. Tobacco stems. 697. Tonquin, tonqua, or tonka beans. NONCONTIGUOUS TERRITORY AND CUBA. 823 698. Turmeric. 699. Turpentine, Venice. 700. Turpentine, spirits of. 701. Turtles. 702. Types, old, and fit only to be remanufactured. 703. Uranium, oxide and salts of. 704. Vaccine virus. 705. Valonia. 706. Verdigris, or subacetate of copper. 707. Wax, vegetable or mineral. 708. Wafers, unleavened or not edible. 709. Wearing apparel, articles of personal adornment, pa rtng aptoilet articles, and similar personal effects of persons sons arriving. arriving in the United States; but this exemption shall only include such articles as actually accompany and are in the use of, and as are necessary and appropriate for the wear and use of such persons, for the immediate purposes of the journey and present comfort and convenience, and shall not be held to apply to merchandise or articles intended for other persons or for sale: Provided, That in Proviso re case of residents of the United States returning from turning. abroad, all wearing apparel and other personal effects taken by them out of the United States to foreign countries shall be admitted free of duty, without regard to their value, upon their identity being established, under appropriate rules and regulations to be prescribed by the Secretary of the Treasury, but no more than one hundred Limlt. dollars in value of articles purchased abroad by such residents of the United States shall be admitted free of duty upon their return. 710. Whalebone, unmanufactured. 711. Witherite. 712. Wood: Logs and round unmanufactured timber, Wood. including pulp woods, firewood, handle bolts, shingle bolts, gun blocks for gunstocks rough hewn or sawed or planed on one side, hop poles, ship timber and ship planknmg; all the foregoing not specially provided for in this section. 713. Woods: Cedar, lignum-vitse, lancewood, ebony, Woods,cabinet. box, granadilla, mahogany, rosewood, satinwood, and all forms of cabinet woods, in the log, rough, or hewn only, and red cedar (Juniperus Virginiana) timber, hewn, sided, squared, or round; sticks of partridge, hair wood, pimento, orange, myrtle, bamboo, rattan, reeds unmanufactured, india malacca joints, and other woods not specially provided for in this section, in the rough, or not further advanced than cut into lengths suitable for sticks for umbrellas, parasols, sunshades, whips, fishing rods, or walking canes. 714. Works of art, drawings, engravings, photographic et. of art pictures, and philosophical and scientific apparatus brought For temporary by professional artists, lecturers, or scientists arriving from abroad for use by them temporarily for exhibition and in illustration, promotion, and encouragement of art, 324 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. science, or industry in the United States, and not for sale, shall be admitted free of duty, under such regulations as Bonds. the Secretary of the Treasury shall prescribe; but bonds shall be given for the payment to the United States of such duties as may be imposed by law upon any and all such articles as shall not be e orted within six months after Prtendng such importation: Provided, That the Secretary of the term. Treasury may, in his discretion, extend such period for a further term of six months in cases where applications therefor shall be made. For permanent 715. Works of art, collections in illustration of the exhibition by institutions, etc. progress of the arts, sciences, or manufactures, photographs, works in terra cotta, parian, pottery, or porcelain, antiquities and artistic copies thereof in metal or other material, imported in good faith for exhibition at a fixed place by any State or by any society or institution established for the encouragement of the arts, science, or education, or for a municipal corporation, and all like articles imported in good faith by any society or association, or for a municipal corporation for the purpose of erecting a public monument, and not intended for sale, nor for any Bonds. other puirpose than herein expressed; but bonds shall b given under such rules and regulations as the Secretary of the Treasury may prescribe, for the payment of lawful duties which may accrue should any of the articles aforesaid be sold, transferred, or used contrary to this provision, and such articles shall be subject, at any time, to examination and inspection by the proper officers of the Prtion. customs: Provided, That the privileges of this and the preceding section shall not be allowed to associations or corporations engaged in or connected with business of a private or commercial character. artstsrprsent- 716. Works of art, productions of American artists edtoinstitutions, residing temporarily abroad, or other works of art, inetc. eluding pictorial paintings on glass, imported expressly for presentation to a national institution, or to any state or municipal corporation or incorporated religious society, college, or other public institution, except stained or painted window glass or stained or painted glass windows, and except any article, in whole or in part, molded, cast, or mechanically wrought from metal within twenty years prior to importation; but such exemption shall be subject to such regulations as the Secretary of the Treasury may prescribe. over twenty 717. Works of art, including paintings in oil, mineral, years. water, or other colors, pastels, original drawings and sketches, etchings and engravings, and sculptures, which are proved to the satisfaction of the Secretary of the Treasury under rules prescribed by him to have been in existence more than twenty years prior to the date of their set pturese" importation, but the term "sculptures" as herein used shall be understood to include professional productions of sculptors only, whether round or in relief, in bronze, marble, stone, terra cotta, ivory, wood, or metal; and the NONCONTIGUOUS TERRITORY AND CUBA. 825 word "painting," as used in this Act, shall not be understood to include any article of utility nor such as are made wholly or in part by stenciling or any other mechanical process; and the words "etchings" and "engravings," as used in this Act, shall be understood to include only such as are printed by hand from plates or blocks etched or engraved with hand tools, and not such as are printed from plates or blocks etched or engraved by photochemical processes. Other works of art (except rugs and car- In exs ten ee pets), collections in illustration of the progress of the arts, years. works in bronze, marble, terra cotta, parian, pottery, or porcelain, artistic antiquities, and objects of art of ornamental character or educational value which shall have been produced more than one hundred years prior to the date of importation, but the free importation of such objects shall be subject to such regulations as to proof of antiquity as the Secretary of the Treasury may prescribe. 718. Zaffer. The provisions of the dutiable list and the free list of cForegotingt this section shall constitute the minimum tariff of the mumtarif. United States. SEC. 2. That from and after the thirty-first day of Adtditional duty after March March, nineteen hundred and ten, except as otherwise 31,1910. specially provided for in this section, there shall be levied, collected, and paid on all articles when imported from any foreign country into the United States, or into any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), the rates of duty prescribed by the schedules and paragraphs of the dutiable list of section one of this Act, and in addition thereto twentyfive per centum ad valorem; which rates shall constitute o be the maSthe maximum tariff of the United States: Provided, That Proviso. whenever, after the thirty-first day of March, nineteen applicable. hundred and ten, and so long thereafter as the President shall be satisfied, in view of the character of the conces- d icstries nat sions granted by the minimum tariff of the United States, against United that the government of any foreign country imposes no states. terms or restrictions, either in the way of tariff rates or provisions, trade or other regulations, charges, exactions, or in any other manner, directly or indirectly, upon the importation into or the sale in such foreign country of any agricultural, manufactured, or other product of the United States, which unduly discriminate against the United States or the products thereof, and that such crmavngntg delx foreign country pays no export bounty or imposes no ex- port b o u n t port duty or prohibition upon the exportation of any tiy' or prohi article to the United States which unduly discriminates against the United States or the products thereof, and that such foreign country accords to the agricultural, manufactured, or other products of the United States treatment which is reciprocal and equivalent, thereupon and thereafter, upon proclamation to this effect by Proclamation. the President of the United States, all articles when imported into the United States, or any of its possessions 326 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (except the Philippine Islands and the islands of Guam and Tutuila), from such foreign country shall, except as otherwise herein provided, be admitted under the terms of the minimum tariff of the United States as prescribed Extension o r by section one of this Act. The proclamation issed by imu taiff. the President under the authority hereby conferred and the application of the minimum tariff thereupon may, in accordance with the facts as found by the President, extend to the whole of any foreign country, or may be confined to or exclude from its effect any dependency, colony, or other political subdivision having authority to adopt and enforce tariff legislation, or to impose restrictions or regulations, or to grant concessions upon the exportation or importation of articles which are, or may be, imported Return to max- into the United States. Whenever the President shall imum. be satisfied that the conditions which led to the issuance of the proclamation hereinbefore authorized no longer exist, he shall issue a proclamation to this effect, and ninety days thereafter the provisions of the maximum tariff shall be applied to the importation of articles from Application. such country. Whenever the provisions of the maximum tariff of the United States shall be applicable to articles imported from any foreign country they shall be applicable to the products of such country, whether imported directly from the country of production or otherwise. Employees to To secure information to assist the President in the dissecure in f o r mation. charge of the duties imposed upon him by this section, and the officers of the Government in the administration of the customs laws, the President is hereby authorized to employ such persons as may be required. Otyntafetdc- SEC. 3. That nothing in this Act contained shall be so construed as to abrogate or in any manner impair or affect the provisions of the treaty of commercial reciprocity concluded between the United States and the Republic of Cuba on the eleventh day of December, nineteen hundred and two, or the provisions of the Act of Congress heretofore passed for the execution of the same. mercial agree- SEC. 4. That the President shall have power and it shall ments to be ter- be his duty to give notice, within ten days after the pascation. sage of this Act, to all foreign countries with which commercial agreements in conformity with the authority granted by section three of the Act entitled, "An Act to provide revenue for the Government and to encourage the industries of the United States," approved July twentyfourth, eighteen hundred and ninety-seven, have been or shall have been entered into, of the intention of the United States to terminate such agreement at a time specified in such notice, which time shall in no case, except as hereinafter provided, be longer than the period of time specified in such agreements respectively for Rates thereat-notice for their termination; and upon the expiration of the periods when such notice of termination shall become effective the suspension of duties provided for in such agreements shall be revoked, and thereafter impor NONCONTIGUOUS TERRITORY AND CUBA. 327 tations from said countries shall be subject to no other conditions or rates of duty than those prescribed by this Act and such other Acts of Congress as may be continued in force: Provided, That until the expiration of the period Perito conwhen the notice of intention to terminate hereinbefore tinueuntil termiprovided for shall have become effective, or until such nation. date prior thereto as the high contracting parties may by mutual consent select, the terms of said commecial agreements shall remain in force: And provided further, That in tice required n the case of those commercial agreements or arrangements made in accordance with the provisions of section three of the tariff Act of the United States approved July twenty-fourth, eighteen hundred and ninety-seven, which contain no stipulations in regard to their termination by diplomatic action, the President is authorized to give to the governments concerned a notice of termination of six months, which notice shall date from April thirtieth, nineteen hundred and nine. SEC. 5. That there shall be levied, collected, and paid Philippine Is upon all articles coming into the United States from the Importssubject Philippine Islands the rates of duty which are required to to regular duties. be levied, collected, andpaid upon like articles imported from foreign countries: Provided, That, except as other- Proo.duct...Native products wise hereinafter provided, all articles, the growth or prod- excepted. uct of or manufactured in the Philippine Islands from materials the growth or product of the Philippine Islands or of the United States, or of both, or which do not contain foreign materials to the value of more than twenty per centum of their total value, upon which no drawback of customs duties has been allowed therein, coming into the United States from the Philippine Islands shall hereafter be admitted free of duty, except rice, and except, in Exceptions. any fiscal year, sugar in excess of three hundred thou- suair. sand gross tons, wrapper tobacco and filler tobacco when Toba0. mixed or packed with more than fifteen per centum of wrapper tobacco in excess of three hundred thousand pounds, filler tobacco in excess of one million pounds, and cigars in excess of one hundred and fifty million cigars, cigars. which quantities shall be ascertained by the Secretary of the Treasury under such rules and regulations as he shall prescribe: And provided further, That sugar, refined or sua ty in on unrefined, and tobacco, manufactured or unmanufactured, co imported from imported into the Philippine Islands from foreign coun- othercountries. tries, shall be dutiable at rates of import duty therein not less than the rates of import duty imposed upon sugar and tobacco in like forms when imported into the United States: And providedfurther, That, under rules and regu- smPefserene to lations to be prescribed by the Secretary of the Treasury, ducers. preference in the right of free entry of sugar to be imported into the United States from the Philippine Islands, as provided herein, shall be given, first, to the producers of less than five hundred gross tons in any fiscal year, then to producers of the lowest output in excess of five hundred 328 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. United States ross tons in any fiscal year: Provided, however, That in products to be ad- g tse mitted free. consideration of the exemptions aforesaid, all articles, the growth, product, or manufacture of the United States, upon which no drawback of customs duties has been allowed therein, shall be admitted to the Philippine Direct ship- Islands from the United States free of duty: And promet required. ided further, That the free admission, herein provided, of such articles, the growth, product, or manufacture of the United States, into the Philippine Islands, or of the growth, product, or manufacture, as hereinbefore defined, of the Philippine Islands into the United States, shall be conditioned upon the direct shipment thereof from the Shipments in country of origin to the country of destination: Provided, That direct shipment shall include shipments in bond through foreign territory contiguous to the United States: Articles dam- Provided, however, That if such articles become unpacked aged in transit. Ta n pa e while en route by accident, wreck, or other casualty, or so damaged as to necessitate their repacking, the same shall be admitted free of duty upon satisfactory proof that the unpacking occurred through accident or necessity and that the merchandise involved is the identical merchandise originally shipped from the United States or the Philippine Islands, as the case may be, and that its condition has not been changed except for such damage as may have Artitcles or been sustained: And provided further, That all articles, be free from ex- the growth, product, or manufacture,..as hereinbefore port duties. defined, of the Philippine Islands, admitted into the ports of the United States free of duty under the provisions of this section and shipped as hereinbefore provided from said islands to the United States for use and consumption therein, shall be hereafter exempt from the payment of any export duties imposed in the Philippine Internal- reve-Islands: And providedfurther, That there shall be levied, nue tax on im- p,u i, ports from Philip-collected, and paid, in the United States, upon articles, pines. goods, wares, or merchandise coming into the United States from the Philippine Islands, a tax equal to the internal-revenue tax imposed in the United States upon the like articles, goods, wares, or merchandise of domestic manufacture; such tax to be paid by internal-revenue stamp or stamps, to be provided by the Commissioner of Internal Revenue, and to be affixed in such manner and under such regulations as he, with the approval of the Exempt f r om Secretary of the Treasury, shall prescribe; and such artiPhilippine tax. cles, goods, wares, or merchandise, shipped from said islands to the United States, shall be exempt from the payment of any tax imposed by the internal-revenue laws nutenaloree of the Philippine Islands: And provided further, That portsfrom United there shall be levied, collected, and paid in the Philippine Islands, upon articles, goods, wares, or merchandise going into the Philippine Islands from the United States, a tax equal to the internal-revenue tax imposed in the Philippine Islands upon the like articles, goods, wares, or merchandise of Philippine Islands manufacture; such tax to be paid by internal-revenue stamps or otherwise, as NONCONTIGUOUS TERRITORY AND CUBA. 329 provided by the laws in the Philippine Islands, and such Eixempt from articles, goods, wares, or merchandise going into the Phil- tax. ippine Islands from the United States shall be exempt from the payment of any tax imposed by the internalrevenue laws of the United States: And provided further, nteaI-nreveThat, in addition to the customs taxes imposed in the ports other than Philippine Islands, there shall be levied, collected, and fStat n nied paid therein upon articles, goods, wares, or merchandise, imported into the Philippine Islands from countries other than the United States, the internal-revenue tax imposed by the Philippine government on like articles manufactured and consumed in the Philippine Islands or shipped thereto, for consumption therein, from the United States: And provided further, That from and after the passage of nJ teTrna rpe this Act all internal revenues collected in or for account intoinsulartreasof the Philippine Islands shall accrue intact to the general ury. government thereof and be paid into the Insular treasury, and shall only be allotted and paid out therefrom in accordance with future acts of the Philippine legislature, subject, however, to section seven of the Act of Congress approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes:" And provided further, That, Allotment by ~ Philippine Cornuntil action by the Philippine legislature, approved by mission. Congress, internal revenues paid into the Insular treasury, as hereinbefore provided, shall be allotted and paid out by the Philippine Commission. SEC. 6. That whenever any country, dependency, col- duy ntervailing ony, province or other political subdivision of government receiving export shall pay or bestow, directly or indirectly, any bounty or bounty. grant upon the exportation of any article or merchandise from such country, dependency, colony, province or other political subdivision of government, and such article or merchandise is dutiable under the provisions of this Act, then upon the importation of any such article or merchandise into the United States, whether the same shall be imported directly from the country of production or otherwise, and whether such article or merchandise is imported in the same condition as when exported from the country of production or has been changed in condition by remanufacture or otherwise, there shall be levied and paid, in all such cases, in addition to the duties otherwise imposed by this Act, an additional duty equal to the net amount of such bounty or grant, however the same be paid or bestowed. The net amount of all such bounties Ascertainment or grants shall be from time to time ascertained, deter- of bounty, etc. mined, and declared by the Secretary of the Treasury, who shall make all needful regulations for the identification of such articles and merchandise and for the assessment and collection of such additional duties. SEC. 7. That all articles of foreign manufacture or pro- country of oriduction, which are capable of being marked, stamped, gooarticlesma 330 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. branded, or labeled, without injury, shall be marked, stamped, branded, or labeled in legible English words, in a conspicuous place that shall not be covered or obscured by any subsequent attachments or arrangements, so as to indicate the country of origin. Said marking, stamping, branding, or labeling shall be as nearly indelible and permanent as the nature of the article will permit. mPakages t be All packages containing imported articles shall be country of origin, marked, stamped, branded, or labeled so as to indicate and contents. legibly and plainly, in English words, the country of origin and the quantity of their contents, and until marked in accordance with the directions prescribed in this section no articles or packages shall be delivered to the importer. Compliance be- Should any article or package of imported merchandise fore delivery. be marked, stamped, branded, or labeled so as not accurately to indicate the quantity, number or measurement actually contained in such article or package, no delivery of the same shall be made to the importer until the mark, stamp, brand, or label, as the case may be, shall be changed so as to conform to the facts of the case. Regulations. The Secretary of the Treasury shall prescribe the necessary rules and regulations to carry out the foregoing provision. Punishment for SEC. 8. If any person shall fraudulently violate any of falsemarking,etc. the provisions of this Act relating to the marking, stamping, branding or labeling of any imported articles or packages; or shall fraudulently deface, destroy, remove, alter, or obliterate any such marks, stamps, brands, or labels with intent to conceal the information given by or contained in such marks, stamps, brands, or labels, he shall upon conviction be fined in any sum not exceeding five thousand dollars, or be imprisoned for any time not exceeding one year, or both. Imortigok SEC. 9. That all persons are prohibited from importing drugs, or objects into the United States from any foreign country any obfor abortion, lot- p h tery tickets, etc., scene book, pamphlet, paper, writing, advertisement, prohibited. circular, print, picture, drawing, or other representation, R. S., sec. 2491, p. 457. figure, or image on or of paper or other material, or any cast, instrument, or other article of an immoral nature, or any drug or medicine, or any article whatever for the prevention of conception or for causing unlawful abortion, or any lottery ticket or any advertisement of any lottery. No such articles, whether imported separately or conEntry not al- tained in packages with other goods entitled to entry, lowed. shall be admitted to entry; and all such articles shall be proceeded against, seized, and forfeited by due course of Detention, etc. law. All such prohibited articles and the package in which they are contained in the course of importation shall be detained by the officer of customs, and proceedings taken against the same as hereinafter prescribed, unless it appears to the satisfaction of the collector of customs that the obscene articles contained in the package were inclosed therein without the knowledge or consent of NONCONTIGUOUS TERRITORY AND CUBA. 331 the importer, owner, agent, or consignee: Provided, That Provso. the drugs hereinbefore mentioned, when imported in bulk Drugs bulk. and not put up for any of the purposes hereinbefore specified, are excepted from the operation of this section. SEC. 10. That whoever, being an officer, agent, or em- Punishment of ployee of the Government of the United States, shall etc., vilations. knowingly aid or abet any person engaged in any violation of any of the provisions of law prohibiting importing, advertising, dealing in, exhibiting, or sending or receiving by mail obscene or indecent publications or representations, or means for preventing conception or procuring abortion, or other articles of indecent or immoral use or tendency, shall be deemed guilty of a misdemeanor, and shall for every offense be punishable by a fine of not more than five thousand dollars, or by imprisonment at hard labor for not more than ten years, or both. SEC. 11. That any judge of any district or circuit court Proceedings for of the United States, within the proper district, before seizure, etc. whom complaint in writing of any violation of the two preceding sections is made, to the satisfaction of such Judge, and founded on knowledge or belief, and if upon belief, setting forth the grounds of such belief, and supported by oath or affirmation of the complainant, may issue, conformably to the Constitution, a warrant directed to the marshal or any deputy marshal in the proper district, directing him to search for, seize, and take possession of any such article or thing mentioned in the two preceding sections, and to make due and immediate return thereof to the end that the same may be condemned and destroyed by proceedings, which shall be conducted in the same manner as other proceedings in the case of municipal seizure, and with the same right of appeal or writ of error. SEC. 12. That the importation of neat cattle and the hNeate cattlean hides prohibited hides of neat cattle from any foreign country into the entry. United States is prohibited: Provided, That the operation Proviso. Suspension of this section shall be suspended as to any foreign coun- fr o m countries try or countries, or any parts of such country or countries, fR. frsom se 2 whenever the Secretary of the Treasury shall officially - 457 -determine, and give public notice thereof, that such importation will not tend to the introduction or spread of contagious or infectious diseases among the cattle of the United States; and the Secretary of the Treasury is hereby authorized and empowered, and it shall be his duty, to make all necessary orders and regulations to carry this Regulations. section into effect, or to suspend the same as herein provided, and to send copies thereof to the proper officers in the United States and to such officers or agents of the United States in foreign countries as he shall judge necessary. SEC. 13. That any person convicted of a willful viola- Punishmentfor tion of any of the provisions of the preceding section shall violations. be fined not exceeding five hundred dollars, or imprisoned 332 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. not exceeding one year, or both, in the discretion of the court. mConvct - laber SEC. 14. That all goods, wares, articles, and merchanmanufactures not allowed en-dise manufactured wholly or in part in any foreign country. try by convict labor shall not be entitled to entry at any of the ports of the United States, and the importation thereof is hereby prohibited, and the Secretary of the Treasury is authorized and directed to prescribe such regulations as may be necessary for the enforcement of this provision. duiy iminating SEC. 15. That a discriminating duty of ten per centum tions in foreign ad valorem, in addition to the duties itnPosed by law, R. s., sec. 2502, shall be levied, collected, and paid on all goods, wares, or p. 459. merchandise which shall be imported in vessels not of the United States, or which being the production or manufacture of any foreign country not contiguous to the United States, shall come into the United States from derxcetions law such contiguous country; but this discriminating duty etc. shall not apply to goods, wares, or merchandise whic shall be imported in vessels not of the United States entitled at the time of such importation by treaty or convention or Act of Congress to be entered in the ports of the United States on payment of the same duties as shall then be payable on goods, wares, and merchandise imported in vessels of the United States, nor to such foreign Retail trade products or manufactures as shall be imported from such from contiguous countries. contiguous countries in the usual course of strictly retail trade. sIicm toi Amere- SEC. 16. That no goods, wares, or merchandise, unless can vessels, or of in cases provided for by treaty, shall be imported into the ty of secorig.7 United States from any foreign port or place, except in R. 5., sec. 2497, ate ay or p. 458- vessels of the United States, or in such foreign vessels as truly and wholly belong to the citizens or subjects of that country of which the goods are the growth, production, or manufacture, or from which such goods, wares, or merchandise can only be, or most usually are, first shipped Ffeiture, etc. for transportation. All goods, wares, or merchandise imported contrary to this section, and the vessel wherein the same shall be imported, together with her cargo, tackle, apparel, and furniture, shall be forfeited to the United States; and such goods, wares, or merchandise, ship, or vessel, and cargo shall be liable to be seized, prosecuted, and condemned in like manner, and under the same regulations, restrictions, and provisions as have been heretofore established for the recovery, collection, distribution, and remission of forfeitures to the United States by the several revenue laws. Excption. SEC. 17. That the preceding section shall not apply to p. 4s. vessels or goods, wares, or merchandise imported in vessels of a foreign nation which does not maintain a similar regulation against vessels of the United States. repacird itted SEC. 18. That machinery for repair may be imported free under bond. into the United States without payment of duty, under R. S., sec 2511bond, to be given in double the appraised value thereof, p. 490. bond, to be given in double the appraised value thereof, NONCONTIGUOUS TERRITORY AND CUBA. 333 to be withdrawn and exported after said machinery shall have been repaired; and the Secretary of the Treasury is authorized and directed to prescribe such rules and regulations as may be necessary to protect the revenue against fraud and secure the identity and character of all such importations when again withdrawn and exported, restricting and limiting the export and withdrawal to the same port of entry where imported, and also limiting all bonds to a period of time of not more than six months from the date of the importation. SEC. 19. That all materials of foreign production which buMd tcral for may be necessary for the construction of vessels built in ships in foreign trade admitted the United States for foreign account and ownership, or free under bond. for the purpose of being employed in the foreign trade, Rs.,sec. 2513, including the trade between the Atlantic and Pacific4 ports of the United States, and all such materials necessary for the building of their machinery, and all articles necessary for their outfit and equipment, may be imported in bond under such regulations as the Secretary of the Treasury may prescribe; and upon proof that such materials have been used for such purposes no duties shall be paid thereon. But vessels receiving the benefit coaRestriction otraden of this section shall not be allowed to engage in the coastwise trade of the United States more than six months in any one year except upon the payment to the United States of the duties of which a rebate is herein allowed: Provided, That vessels built in the United States for for- Proviso. eign account and ownership shall not be allowed to engage excluded f r o m in the coastwise trade of the United States. coastwise trade. SEC. 20. That all articles of foreign production needed pArticle to refor the repair of American vessels engaged in foreign trade, ships in foreign trade exempt. including the trade between the Atlantic and Pacific ports R. s., sec. 2514, of the United States, may be withdrawn from bonded P. 491. warehouses free of duty, under such regulations as the Secretary of the Treasury may prescribe. SEC. 21. That section twenty-nine hundred and eighty- Foreign w a r two of the Revised Statutes of the United States be, and vessels. the same hereby is, amended to read as follows: "SEc. 2982. The privilege of purchasing supplies from May purchase public warehouses, free of duty, and from bonded manu- bonded warethouses free of tax. racturing warehouses, free of duty or of internal-revenue hit.., sec. f2982 tax, as the case may be, shall be extended, under such p. 575, amended. regulations as the Secretary of the Treasury shall prescribe, to the vessels of war of any nation in ports of the United States which may reciprocate such privileges toward the vessels of war of the United States in its ports." SEC. 22. That whenever any vessel laden with mer- Abandoned.... goodsfromsunken chandise, in whole or in part subject to duty. has been vessels in Amersunk in any river, harbor, bay, or waters subject to the ican waters. jurisdiction of the United States, and within its limits, p.490 -for the period of two years, and is abandoned by the owner thereof, any person who may raise such vessel shall be permitted to brmig any merchandise recovered therefrom into the portnearestto the place where such vesselwas 334 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. so raised free from the payment of any duty thereupon, but under such regulations as the Secretary of the Treasury may prescribe. faturing wa r e- SEC. 23. That all articles manufactured in whole or in houses. part of imported materials, or of materials subject to portexempt from internal-revenue tax, and intended for exportation withtax. out being charged with duty, and without having an internal-revenue stamp affixed thereto, shall, under such regulations as the Secretary of the Treasury may prescribe, in order to be so manufactured and exported, be made and manufactured in bonded warehouses similar to those known and designated in Treasury Regulations as bonded BPros. warehouses, class six: Provided, That the manufacturer of such articles shall first give satisfactory bonds for the faithful observance of all the provisions of law and of such regulations as shall be prescribed by the Secretary of the s i r I ts e- Treasury: Provided further,That the manufacture of discluded. tu tilled spirits from grain, starch, molasses or sugar, including all dilutions or mixtures of them or either of them, shall not be permitted in such manufacturing warehouses. fromod txhet Whenever goods manufactured in any bonded wareexported. house established under the provisions of the preceding paragraph shall be exported directly therefrom or shall be duly laen for transportation and immediate exportation under the supervision of the proper officer who shall be duly designated for that purpose, such goods shall be exempt from duty and from the requirements relating to revenue stamps. terals frefax Any materials used in the manufacture of such goods, and any packages, coverings, vessels, brands, andlabels used in putting up the same may, under the regulations of the Secretary of the Treasury, be conveyed without the payment of revenue tax or duty into any bonded manufacturing warehouse, and imported goods may, under the aforesaid regulations, be transferred without the exaction of duty from any bonded warehouse into any bonded machinery ex-manufacturing warehouse; but this privilege shall not be held to apply to implements, machinery, or apparatus to be used in the construction or repair of any bonded manufacturing warehouse or for the prosecution of the business carried on therein. Swrvision of No articles or materials received into such bonded manufacturing warehouse shall be withdrawn or removed therefrom except for direct shipment and exportation or for transportation and immediate exportation in bond to foreign countries or to the Philippine Islands under the supervision of the officer duly designated therefor by the collector of the port, who shall certify to such shipment and exportation, or ladening for transportation, as the case may be, describing the articles by their mark or otherwise, the quantity, the date of exportation, and the wasteoarii name of the vessel: Provided, That the waste material ete. or by-products incident to the processes of manufacture in said bonded warehouses may be withdrawn for domestic consumption on the payment of duty equal to the duty NONCONTIGUOUS TERRITORY AND CUBA.. 335 which would be assessed and collected, by law, if such waste or by-products were imported from a foreign country. All labor performed and services rendered under these provisions shall be under the supervision of a duly designated officer of the customs and at the expense of the manufacturer. A careful account shall be kept by the collector of all Accounts and merchandise delivered by him to any bonded manufacturing warehouse, and a sworn monthly return, verified by the customs officers in charge, shall be made by the manufacturers containing a detailed statement of all imported merchandise used by him in the manufacture of exported articles. Before commencing business the proprietor of any Statement of manufacturing warehouse shall file with the Secretary of the Treasury a list of all the articles intended to be manufactured in such warehouse, and state the formula of manufacture and the names and quantities of the ingredients to be used therein. Articles manufactured under these provisions may be Tansfers for withdrawn under such regulations as the Secretary of the eorti Treasury may prescribe for transportation and delivery into any bonded warehouse at an exterior port for the sole purpose of immediate export therefrom. The provisions of Revised Statutes thirty-four hundred Regulations. and thirty-three shall, so far as may be practicable, apply p. 676. to any bonded manufacturing warehouse established under this Act and to the merchandise conveyed therein. SEC. 24. That the works of manufacturers engaged in Bonded smelt in warehouses. smelting or refining, or both, of ores and crude metals, etals admitmay upon the giving of satisfactory bonds be designated d without payas bonded smelting warehouses. Ores or crude metals may be removed from the vessel or other vehicle in which imported, or from a bonded warehouse, into a bonded smelting warehouse without the payment of duties thereon and there smelted or refined, or both, together with other ores or crude metals of home or foreign production: Provided, That the several charges against such bonds Pios can may be canceled upon the exportation or delivery to a celed on export, bonded manufacturing warehouse, established underetc. section twenty-three of this act, of the actual amount of lead produced from the smelting or refining, or both, of such ores or crude metals: And provided further, That usLe, tdomessaid lead may be withdrawn for domestic consumption or transferred to a bonded customs warehouse and withdrawn therefrom upon the payment of the duties chargeable against it in that condition: Provided further, That labrpeion of all labor performed and services rendered pursuant to this section shall be under the supervision of an officer of the customs, to be appointed by the Secretary of the Treasury, and at the expense of the manufacturer: Pro- Regulation vided further, That all regulations for the carrying out of this section shall be prescribed by the Secretary of the Treasury. 28872~-S. Doc. 306, 62-2 24 336 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Drawback. 1 SEC. 25. That where imported materials on which p. i8.' duties have been paid are used in the manufacture of articles manufactured or produced in the United States, there shall be allowed on the exportation of such articles a drawback equal in amount to the duties paid on the Prot artly materials used, less one per centum of such duties: Proof domestic mate- vided, That when the articles exported are made in part rials. from domestic materials the imported materials, or the parts of the articles made from such materials, shall so appear in the completed articles that the quantity or Existing law. measure thereof may be ascertained: And provided Identificati o n etc., of imported further, That the drawback on any article allowed under materials, existing law shall be continued at the rate herein provided. That the imported materials used in the manufacture or production of articles entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the United States and their exportation therefrom shall be determined, Payment. and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either, or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the Secretary of the Treasury shall prescribe. Domestic alco- That on the exportation of medicinal or toilet preparations (including perfumery) hereafter manufactured or produced in the United States in part from domestic alcohol on which an internal-revenue tax has been paid, there shall be allowed a drawback equal in amount to the Provtion tax found to have been paid on the alcohol so used: Pror vided, That no other than domestic tax-paid alcohol shall have been used in the manufacture or production of such preparations. Such drawback shall be determined and paid under such rules and regulations, and upon the filing of such notices, bonds, bills of lading, and other evidence of payment of tax and exportation, as the Secretary of the Treasury shall prescribe. Materials fo r That the provisions of this section shall apply to maforeignaccount. terials used in the construction and equipment of vessels built for foreign account and ownership, or for the government of any foreign country, notwithstanding that such vessels may not within the strict meaning of the term be articles exported. Reimporteddo- SE. 26. That upon the reimportation of articles once mestic articles to payinternal-reve- exported, of the growth, product, or manufacture of the nuR. tseatc. 2500 United States, upon which no internal tax has been asP. 46. sessed or paid, or upon which such tax has been paid and refunded by allowance or drawback, there shall be levied, collected, and paid a duty equal to the tax imposed by the internal-revenue laws upon such articles, except articles NONCONTIGUOUS TERRITORY AND CUBA. 337 manufactured in bonded warehouses and exported pursuant to law, which shall be subject to the same rate of duty as if originally imported, but proof of the identity of such articles shall be made under general regulations to be prescribed by the Secretary of the Treasury. SEC. 27. That the produce of the forests of the State of Lumber admitMaine upon the Saint John River and its tributaries, years. owned by American citizens and sawed or hewed in the John River, Me. Province of New Brunswick by American citizens, the..,490 see. 2s8 same being otherwise unmanufactured in whole or in part, which is now admitted into the ports of the United States free of duty, shall continue for two years after the date of the passage of this Act and no longer to be so admitted, under such regulations as the Secretary of the Treasury shall from time to time prescribe. That the produce of the forests of the State of Maine From Saint Croix River, Me. upon the Saint Croix River and its tributaries owned by R. s., sec. 2509, American citizens, and sawed or hewed in the Province of p' 490. New Brunswick by American citizens, the same being otherwise unmanufactured in whole or in part, shall be admitted for two years after the date of the passage of this Act and no longer into the ports of the United States free of duty under such regulations as the Secretary of the Treasury shall from time to time prescribe. SEC. 28. That the Act entitled "An Act to simplify the istrsadmnlaws in relation to the collection of the revenues," approved June tenth, eighteen hundred and ninety, as amended, be further amended to read as follows: "SEC. 1. That all merchandise imported into the C o s i g n e e deemed owner of United States shall, for the purpose of this Act, be deemed imported goods. and held to be the property of the person to whom the same is consigned; and the holder of a bill of lading duly Holder of bill of indorsed by the consignee therein named, or, it consigned to order, by the consignor, shall be deemed the consignee thereof; and in case of the abandonment of any merchandise to the underwriters the latter may be recog- Underwiters. nized as the consignee. "SEC. 2. That all invoices of imported merchandise mInvocerequir shall be made out in the currency of the place or country from whence the importations shall be made, or, if purchased, in the currency actually paid therefor, shall contain a correct, complete and detailed description of such merchandise, and of the packages, wrappings or other coverings containing it, and shallbe made in triplicate or Number in quadruplicate in case of merchandise intended for immediate transportation without appraisement, and signed by the person owning or shipping the same, if the merchandise has been actually purchased, or by the manufacturer or owner thereof, if the same has been procured otherwise than by purchase, or by the duly authorized agent of such purchaser, seller, manufacturer or owner. "SEc. 3. That all such invoices shall, at or before the fore co n be. shipment of the merchandise, be produced to the consular 338 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. officer of the United States of the consular district in which the merchandise was manufactured or purchased, as the case may be, for export to the United States, and pueclaatie bye shall have indorsed thereon, when so produced, a declaration signed by the purchaser, seller, manufacturer, owner, or agent, setting forth that the invoice is in all respects correct and true, and was made at the place from which the merchandise is to be exported to the United I purchased. States; that it contains, if the merchandise was obtained by purchase, a true and full statement of the time when, the place where, the person from whom the same was purchased, and the actual cost thereof, and of all charges thereon, as provided by this Act; and that no discounts, bounties, or drawbacks are contained in the invoice but Obtainedother- such as have been actually allowed thereon; and when obtained in any other manner than by purchase, the actual market value or wholesale price thereof, at the time of exportation to the United States, in the principal markets of the country from whence exported; that such actual market value is the price at which.the merchandise described in the invoice is freely offered for sale to all purchasers in said markets, and that it is the price which the manufacturer or owner making the declaration would have received, and was willing to receive, for such merchandise sold in the ordinary course of trade in the usual wholesale quantities, and that it includes all charges thereon as provided by this Act, and the actual quantity thereof; and that no different invoice of the merchandise mentioned in the invoice so produced has been or will be cutatemen of furnished to anyone. If the merchandise was actually purchased, the declaration shall also contain a statement that the currency in which such invoice is made out is that which was actually paid for the merchandise by the Produc purchaser. voic required "SEC. 4. That, except in case of personal effects accomException. panying the passenger, no importation of any merchandise exceeding one hundred dollars in value shall be admitted to entry without the production of a duly certified invoice thereof as required by law, or of an affidavit made by the owner, importer or consignee, before the collector or his deputy, showing why it is impracticable to produce such invoice; and no entry shall be made in the absence of a certified invoice, upon affidavit as aforesaid, unless formofinvoice such affidavit be ac-companied by a statement in the form cepted temporari- of an invoice, or otherwise, showing the actual cost of y. such merchandise, if purchased, or if obtained otherwise than by purchase, the actual market value or wholesale price thereof at the time of exportation to the United States in the principal markets of the country from which the same has been imported; which statement shall be Verification. verified by the oath of the owner, importer, consignee or agent desiring to make entry of the merchandise, to be administered by the collector or his deputy, and it shall be NONCONTIGUOUS TERRITORY AND CUBA. -339 lawful for the collector or his deputy to examine the Evidence redeponent under oath, touching the sources of his know,- quired. edge, information or belief, in the premises, and to require him to produce any letter, paper or statement of account in his possession, or under his control, which may assist the officers of customs in ascertaining the actual value of the importation or any part thereof, and in default of such production, when so requested, such owner, importer, consignee or agent shall be thereafter debarred from producing any such letter, paper or statement for the purpose of avoiding any additional duty, penalty or forfeiture incurred under this Act, unless lie shall show to the satisfaction of the court or the officers of the customs, as the case may be, that it was not in his power to produce the same when so demanded; and no merchandise shall Unavoidable be admitted to entry under the provisions of this section causes. unless the collector shall be satisfied that the failure to produce a duly certified invoice is due to causes beyond the control of the owner, consignee or agent thereof: Pro- Proviso. vided, That the Secretary of the Treasury may make regulations by which books, magazines and other periodicals publictions, etc. published and imported in successive parts, numbers, or volumes, and entitled to be imported free of duty, shall require but one declaration for the entire series. And S ubseq uent " 1*. *production of inwhen entry of merchandise exceeding one hundred dollars voice. in value is made by a statement in the form of an invoice, the collector shall require a bond for the production of a duly certified invoice. "SEC. 5. That whenever merchandise imported into the Declaration to be filed with in. United States is entered by invoice, one of the following voice. declarations, according to the nature of the case, shall be filed with the collector of the port at the time of entry by the owner, importer, consignee, or agent, which declara- Authentication. tion so filed shall be duly signed by the owner, importer, consignee, or agent before the collector, or before a notary public or other officer duly authorized by law to administer oaths and take acknowledgments, who may be designated by the Secretary of the Treasury to receive such declarations and to certify to the identity of the persons making them, under regulations to be prescribed by the Secretary of the Treasury; and every officer so designated shall file with the collector of the port a copy of his official signature and seal: Provided, That if any of the invoices Prov's oor bills of lading of any merchandise imported in any one ceivedwith goods. vessel which should otherwise be embraced in said entry, have not been received at the date of the entry, the declaration may state the fact, and thereu pon such merchandise, of which the invoices or bills of lading are not produced, shall not be included in such entry, but may be entered subsequently. 340 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Forms of decla- DECLARATION OF CONSIGNEE, IMPORTER, OR AGENT, rations. WHERE MERCHANDISE HAS BEEN ACTUALLY PURCHASED. B y consign —ee, I, do solemnly and truly declare that I agent. am the consignee, importer, or agent of the merchandise pGsastd. y described in the annexed entry and invoice; that the invoice and bill of lading now presented by me to the collector of --- are the true and only invoice and bill or lading by me received of all the goods, wares, and merchandise imported in the, whereof - is master, from --, for account of any person whomsoever for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actually received by me, and that I do not know or believe in the existence of any other invoice or bill of lading of the said goods, wares, and merchandise; that the entry now delivered to the collector contains a just and true account of the said goods, wares, and merchandise, according to the said invoice and bill of lading; that nothing has been on my part, nor to my knowledge on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; that the said invoice and the declaration therein are in all respects true, and were made by the person by whom the same purport to have been made; and that if at any time hereafter I discover any error in the said invoice, or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. And I do further solemnly and truly declare that to the best of my knowledge and belief (insert the name and residence of the owner or owners)is (or are) the owner (or owners) of the goods, wares, and merchandise mentioned in the annexed entry; that the invoice now produced by me exhibits the actual cost at the time of exportation to the United States in the principal markets of the country from whence imported of the said goods,wares, and merchandise, and includes and specifies the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys, and other containers or coverings, whether holding liquids or solids, whioh are not otherwise specially subject to duty under any paragraph of the tariff Act, and all other costs, charges and expenses incident to placing said goods, wares, and merchandise in condition, packed ready for shipment to the United States, and no other or different discount, bounty, or drawback but such as has been actually allowed on the same. NONTCONTIGUOUS TERRITORY AND CUBA. 341 "DECLARATION OF CONSIGNEE, IMPORTER, OR AGENT WHERE MERCHANDISE HAS NOT BEEN ACTUALLY PURCHASED. "I, -- --, do solemnly and truly declare that I p o t actualy am the consignee, importer, or agent of the merchandise described in the annexed entry and invoice; that the invoice and bill of lading now presented by me to the collector of are the true and only invoice and bill of lading by me received of all the goods, wares, and merchandise imported in the, whereof - is master, from, for account of any person whomsoever for whom I am authorized to enter the same; that the said invoice and bill of lading are in the state in which they were actually received by me, and that I do not know or believe in the existence of any other invoice or bill of lading of the said goods, wares, and merchandise; that the entry now delivered to the collector contains a just and true account of the said goods, wares, and merchandise, according to the said invoice and bill of lading; that nothing has been on my part, nor to my knowledge on the part of any other person, concealed or suppressed, whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; that the said invoice and the declaration therein are in all respects true, and were made by the person by whom the same purport to have been made; and that if at any time hereafter I discover any error in the said invoice, or in the account now rendered of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. And I do further solemnly and truly declare that to the best of my knowledge and belief (insert the name and residence of the owner or owners) is (or are) the owner (or owners) of the goods, wares, and merchandise mentioned in the annexed entry; that the invoice now produced by me exhibits the actual market value or wholesale price at the time of exportation to the United States in the principal markets of the country from whence imported of the said goods, wares, and merchandise, and includes and specifies the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys, and other containers or coverings, whether holding liquids or solids, which are not otherwise specially subject to duty under any paragraph of the tariff Act, and all other costs, charges, and expenses incident to placing said goods, wares, and merchandise in condition, packed ready for shipment to the United States, and no other or different discount, bounty, or drawback but such as has been actually allowed on the same. 342 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. By owner. "DECLARATION OF OWNER IN CASES WHERE MERCHANDISE HAS BEEN ACTUALLY PURCHASED. Goods actually "I, -, do solemnly and truly declare that purase. I am the owner by purchase of the merchandise described in the annexed entry and invoice; that the entry now delivered by me to the collector of contains a just and true account of all the goods, wares, and merchandise imported by or consigned to me, in the, whereof is master, from; that the invoice and entry, which I now produce, contain a just and faithful account of the actual cost of the said goods, wares, and merchandise, and include and specify the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys, and other containers or coverings, whether holding liquids or solids, which are not otherwise specially subject to duty under any paragraph of the tariff Act, and all other costs, charges and expenses incident to placing said goods, wares, and merchandise in condition, packed ready for shipment to the United States, and no other discount, drawback, or bounty but such as has been actually allowed on the same; that I do not know nor believe in the existence of any invoice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I further solemnly and truly declare that I have not in the said entry or invoice concealed or suppressed anything whereby the United States may be defrauded of any part of the duty lawfully due on the said goodsf wares, and merchandise; that to the best of my knowledge and belief the said invoice and the declaration thereon are in all respects true, and were made by the person by whom the same purport to have been made, and that if at any time hereafter I discover any error in the said invoice or in the account now produced of the said goods, wares, and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. Manufactirer "DECLARATION OF MANUFACTURER OR OWNER IN CASES or owner. WHERE MERCHANDISE HAS NOT BEEN ACTUALLY PURCHASED. aooyopurcd.- ", -------, do solemnly and truly declare that I am the owner (or manufacturer) of the merchandise described in the annexed entry and invoice; that the entry now delivered by me to the collector of -- contains a just and true account of all the goods, wares, and merchandise imported by or consigned to me in the --, whereof - is master, from ---; that the said goods, wares, and merchandise were not actually bought by me, or by my agent, in the ordinary mode of bargain and sale, but that nevertheless the invoice which I now produce contains a just and faithful valuation of the same, at their actual market value or NONCONTIGUOUS TERRITORY AND CUBA. 343 wholesale price, at the time of exportation to the United States, in the principal market of the country from whence imported for my account (or for account of myself or partners); that such actual market value is the price at which the merchandise described in the invoice is freely offered for sale to all purchasers in said markets and is the price which I would have received and was willing to receive for such merchandise sold in the ordinary course of trade in the usual wholesale quantities; that the said invoice contains also a just and faithful account of all the cost of finishing said goods, wares, and merchandise to their present condition, and includes and specifies the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys, and other containers or coverings, whether holding liquids or solids, which are not otherwise specially subject to duty under any paragraph of the tariff Act, and all other costs and charges incident to placing said goods, wares, and merchandise in condition, packed ready for shipment to the United States, and no other discount, drawback, or bounty, but such as has been actually allowed on said goods, wares, and merchandise; that the said invoice and the declaration thereon are in all respects true, and were made by the person by whom the same purport to have been made; that I do not know nor believe in the existence of any invoice or bill of lading other than those now produced by me, and that they are in the state in which I actually received them. And I do further solemnly and truly declare that I have not in the said entry or invoice concealed or suppressed anything whereby the United States may be defrauded of any part of the duty lawfully due on the said goods, wares, and merchandise; and that if at any time hereafter I discover any error in the said invoice, or in the account now produced of the said goods, wares and merchandise, or receive any other invoice of the same, I will immediately make the same known to the collector of this district. "SEc. 6. That any person who shall knowingly make Punishment for false declarations, any false statement in the declarations provided for in the etc. preceding section, or shall aid or procure the making of any such false statement as to any matter material thereto, shall, on conviction thereof, be punished by a fine not exceeding five thousand dollars, or by imprisonment at hard labor not more than two years, or both, in the discretion of the court: Provided, That nothing in this sec- oeture not tion shall be construed to relieve imported merchandise affected. from forfeiture by reason of such false statement or for any cause elsewhere provided by law. "SEC. 7. That the owner, consignee, or agent of any mitaet is imported merchandise may, at the time when he shall entry. make and verify his written entry of such merchandise, but not afterwards, make such addition in the entry to or such deduction from the cost or value given in the invoice or pro forma invoice or statement in form of an invoice, which he shall produce with his entry, as in his 344 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. opinion may raise or lower the same to the actual market value or wholesale price of such merchandise at the time of exportation to the United States, in the principal markets of the country from which the same has been imported; and Apprasal by the collector within whose district any merchandise may be imported or entered, whether the same has been actually purchased or procured otherwise than by purchase, shall cause the actual market value or wholesale price of such Additional merchandise to be appraised; and if the appraised value duty if appraised, exceeds declared, of any article of imported merchandise subject to an ad value. valorem duty or to a duty based upon or regulated in any manner by the value thereof shall exceed the value declared in the entry, there shall be levied, collected, and paid, in addition to the duties imposed by law on such merchandise, an additional duty of one per centum of the total appraised value thereof for each one per centum that such appraised value exceeds the value declared in the Procation. entry: Provided, That the additional duties shall only and imtation. apply to the particular article or articles in each invoice that are so undervalued and shall not be imposed upon any article upon which the amount of duty imposed by law on account of the appraised value does not exceed the amount of duty that would be imposed if the appraised value did not exceed the entered value, and shall be limited to seventy-five per centum of the appraised miNtt be re value of such article or articles. Such additional duties shall not be construed to be penal, and shall not be remitted nor payment thereof in any way avoided except in cases arising from a manifest clerical error, nor shall they be refunded in case of exportation of the merchandise, or on any other account, nor shall they be subject to the suFed f dpr perbenefit of drawback: Provided, That if the appraised centoverdeclared value of any merchandise shall exceed the value declared value. in the entry by more than seventy-five per centum, except when arising from a manifest clerical error, such entry shall be held to be presumptively fraudulent, and the col- lector of customs shall seize such merchandise and proceed as in case of forfeiture for violation of the customs laws, and in any legal proceeding other than a criminal prosecution that may result from such seizure, the undervaluation as shown by the apprisal shall be presumptive evidence of fraud, and the burden of proof shall be on the claimant to rebut the same, and forfeiture shall be adtudged unless he shall rebut such presumption of frauduitent of for-lent intent by sufficient evidence. The forfeiture provided for in this section shall apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles in each invoice roi fmtc., abl. which are undervalued: Provided further, That all additional duties, penalties, or forfeitures applicable to merchandise entered by a duly certified invoice shall be alike applicable to merchandise entered by a pro forma invoice or statement in the form of an invoice, and no forfeiture or disability of any kind incurred under the provisions of NONCONTIGUOUS TERRITORY AND CUBA. 345 this section shall be remitted or mitigated by the Secretary of the Treasury. The duty shall not, however, be sminemum asassessed in any case upon an amount less than the entered value. "SEC. 8. That when merchandise entered for customs Cost of produc tion of goods conduty has been consigned for sale by or on account of the signed for sale. manufacturer thereof, to a person, agent, partner, or con- maufacture by signee in the United States, such person, agent, partner, or consignee shall, at the time of the entry of such merchan- By other per. dise, present to the collector of customs at the port where son. such entry is made, as a part of such entry, and in addition to the certified invoice or statement in the form of an invoice required by law, a statement signed by such manufacturer, declaring the cost of production of such merchandise, such cost to include all the elements of cost as stated in section eleven of this Act. When merchandise entered for customs duty has been consigned for sale by or on account of a person other than the manufacturer of such merchandise, to a person, agent, partner, or consignee in the United States, such person, agent, partner, or consignee shall at the time of the entry of such merchandise present to the collector of customs at the port where such entry is made, as a part of such entry, a statement signed by the consignor thereof, declaring that the merchandise was actually purchased by him or for his account, and showing the time when, the place where, and from whom he purchased the merchandise, and in detail the price he paid for the same: Provided, That the PNuboer au statements required by this section shall be made in trip- thentication, etc. licate, and shall bear the attestation of the consular officer of the United States resident within the consular district wherein the merchandise was manufactured, if consigned by the manufacturer or for his account, or from whence it was imported when consigned by a person other than the manufacturer, one copy thereof to be delivered to the person making the statement, one copy to be transmitted with the triplicate invoice of the merchandise to the collector of the port in the United States to which the merchandise is consigned, and the remaining copy to be filed in the consulate. "SEC. 9. That if any consignor, seller, owner, importer, uenihmentfor I Yentries by false consignee, agent, or other person or persons, shall enter invoices, etc. or introduce, or attempt to enter or introduce, into the commerce of the United States any imported merchandise by means of any fraudulent or false invoice, affidavit, letter, paper, or by means of any false statement, written or verbal, or by means of any false or fraudulent practice or appliance whatsoever, or shall be guilty of any willful act or omission by means whereof the United States shall or may be deprived of the lawful duties, or any portion thereof, accruing upon the merchandise, or any portion thereof, embraced or referred to in such invoice, affidavit, letter, paper, or statement, or affected by such act or omission, such merchandise, or the value thereof, to be 346 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. recovered from such person or persons, shall be forfeited, Forfeiture. which forfeiture shall only apply to the whole of the merchandise or the value thereof in the case or package containing the particular article or articles of merchandise to which such fraud or false paper or statement relates; Fine or impris- and such person or persons shall, upon conviction, be fined for each offense a sum not exceeding five thousand dollars, or be imprisoned for a time not exceeding two years, or both, in the discretion of the court. arketalann "SEC. 10. That it shall be the duty of the appraisers of wholesale price the United States, and every of them, and every person whence imported. who shall act as such appraiser, or of the collector, as the case may be, by all reasonable ways and means in his or their power to ascertain, estimate, and appraise (any invoice or affidavit thereto or statement of cost, or of cost of production to the contrary notwithstanding) the actual market value and wholesale price of the merchandise at the time of exportation to the United States, in the principal markets of the country whence the same has been imported, and the number of yards, parcels, or quantities, and actual market value or wholesale price of every of them, as the case may require. EstimaLte, nf "SEC. 11. That when the actual market value, as deobtainable. fined by law, of any article of imported merchandise, wholly or partly manufactured and subject to an ad valorem duty, or to a duty based in whole or in part on value, can not be ascertained to the satisfaction of the appraising officer, such officer shall use all available means in his power to ascertain the cost of production of such merchanDetermination dise at the time of exportation to the United States, and at the place of manufacture, such cost of production to include the cost of materials and of fabrication, and all general expenses to be estimated at not less than ten per centum, covering each and every outlay of whatsoever nature incident to such production, together with the expense of preparing and putting up such merchandise ready for shipment, and an addition of not less than eight nor more than fifty per centum upon the total cost as thus ascernoods not sold tained; and in no case shall such merchandise be appraised upon original appraisal or reappraisement at less than the total cost of production as thus ascertained. The actual market value or wholesale price, as defined by law, of any imported merchandise which is consigned for sale in the United States, or which is sold for exportation to the United States, and which is not actually sold or freely offered for sale in usual wholesale quantities in the open market of the country of exportation to all purMpinmum a P - chasers, shall not in any case be appraised at less than the wholesale price at which such or similar imported merchandise is actually sold or freely offered for sale in usual wholesale quantities in the United States in the open market, due allowance by deduction being made for estimated duties thereon, cost of transportation, insurance and other necessary expenses from the place of shipment NONCONTIGUOUS TERRITORY AND CUBA. 347 to the place of delivery, and a commission not exceeding six per centum, if any has been paid or contracted to be paid on consigned goods, or a reasonable allowance for general expenses and profits (not to exceed eight per centum) on purchased goods. "SEC. 12. That there shall be appointed by the Presi- General apdent, by and with the advice and consent of the Senate, Nine authornine general appraisers of merchandise. Not more than ized. five of such general appraisers shall be appointed from the Qualifica t i o a, same political party. They shall not be engaged in any etc. other business, avocation, or employment. That the office of said general appraisers shall be at the port of New Board at New York, and three of them shall be on duty at that port daily as a board of general appraisers. "All of the general appraisers of merchandise hereto- Tenure. fore or hereafter appointed under the authority of said Act shall hold their office during good behavior, but may, after due hearing, be removed by the President for the following causes, and no other: Neglect of duty, malfeasance in office, or inefficiency. "That hereafter the salary of each of each of the general ap- Salary.praisers of merchandise shall be at the rate of nine thousand dollars per annum. "That the boards of general appraisers and the mem- Generalpowers. bers thereof shall have and possess all the powers of a circuit court of the United States in preserving order, compelling the attendance of witnesses, and the production of evidence, and in punishing for contempt. "All notices in writing to collectors of dissatisfaction of coppls d rom any decision thereof, as to the rate or amount of duties sions to be sent to. chargeable upon imported merchandise, including all dutiable costs and charges, and as to all fees and exactions of whatever character (except duties on tonnage), with the invoice and all papers and exhibits, shall be forwarded to the board of nine general appraisers of merchandise at New York to be by rule thereof assigned for hearing or determination, or both. The President of the boares dent of United States shall designate one of the board of nine general appraisers of merchandise as president of said board and others in order to act in his absence. Said general Division into appraisers of merchandise shall be divided into three boards of three members each, to be denominated respectively Board 1, Board 2, and Board 3. The president of Assignment. the board shall assign three general appraisers to each of said boards and shall designate one member of each of said boards as chairman thereof, and such assignment or designation may be by him changed from time to time, and he may assign or designate all boards of three general appraisers where it is now or heretofore was provided by law that such might be assigned or designated by the Secretary of the Treasury. The president of the board shall be competent to sit as a member of any board, or assign one or two other members thereto, in the absence or inability of any one or two members of such board. Each of etc.d tion 348 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the boards of three general appraisers, or a majority thereof, shall have full power to hear and determine all cases and questions arising therein or assigned thereto; and the general board of mne general appraisers, each of the boards of three general appraisers, and each of the general appraisers of merchandise, shall have all the jurisdiction and powers and proceed as now, heretofore, and herein proRules, etc. vided. The said board of nine general appraisers shall have power to establish from time to time such rules of evidence, practice and procedure, not inconsistent with the statutes, as may be deemed necessary for the conduct and uniformity of its proceedings and decisions and the proceedings and decisions of the boards of three thereof; and for the production, care, and custody of samples and records of dties of presi- said board. The president of the board shall have control of the fiscal affairs and the clerical force of the board, make all recommendations for appointment, promotion, and otherwise affecting said clerical force; he may at any time before trial under the rules of said board assign or reassign any case for hearing, determination, or both, and shall designate a general appraiser or a board of general appraisers, and, if necessary, a clerk thereto, to proceed to any port within the jurisdiction of the United States for the purpose of hearing, or determining if authorized by law, causes assigned for hearing at such port, and shall cause to be prepared and duly promulgated dockets tios q u alifica- therefor. No member of any of said boards shall sit to tion of members on appeals. hear or decide any case on appeal in the decision of which Rehearings. he may have previously participated. The board of three general appraisers, or a majority of them, who decided the case, may, upon motion of either party made within thirty days next after their decision, grant a rehearing or retrial of said case when in their opinion the ends of justice may require it. priepor of a "SEC. 13. That the appraiser shall revise and correct the reports of the assistant appraisers as he may judge proper, and the appraiser, or, at ports where there is no appraiser, the person acting as such, shall report to the collector his decision as to the value of the merchandise lCertificte in appraised. At ports where there is no appraiser the certificate of the customs officer to whom is committed the estimating and collection of duties, of the dutiable value of any merchandise required to be appraised, shall be deemed and taken to be the appraisement of such merAprealsn fo re- chandise. If the collector shall deem the appraisement of any imported merchandise too low, he may, within sixty days thereafter, appeal to reappraisement, which shall be made by one of the general appraisers, or if the importer, owner, agent, or consignee of such merchandise shall be dissatisfied with the appraisement thereof, and shall have complied with the requirements of law with respect to the entry and appraisement of merchandise, he may within ten days thereafter give notice to the raeciion of gen- collector, in writing, of such dissatisfaction. The decision al t eral appraiser a final, of the general appraiser in cases of reappraisement shall NONCONTIGUOUS TERRITORY AND CUBA. 349 be final and conclusive as to the dutiable value of such merchandise against all parties interested therein, unless boAar. ea I to the importer, owner, consignee, or agent of the merchandise shall be dissatisfied with such decision, and shall, within five days thereafter, give notice to the collector, in writing, of such dissatisfaction, or unless the collector shall deem the reappraisement of the merchandise too low, and shall within ten days thereafter appeal to rereappraisement; in either case the collector shall transmit the invoice and all the papers appertaining thereto to the board of nine general appraisers, to be by rule thereof duly assigned for determination. In such cases the Authority o general appraiser and boards of general appraisers shall proceed by all reasonable ways and means in their power to ascertain, estimate, and determine the dutiable value of the imported merchandise, and in so doing may exercise both judicial and inquisitorial functions. Insuchcases Hearings hearings may in the discretion of the general appraiser or Board of General Appraisers before whom the case is pending be open and in the presence of the importer or his attorney and any duly authorized representative of the Government, who mayin like discretion examine and crossexamine all witnesses produced. The decision of the ap- Finslity of de praiser, or the person acting as such (in case where no objection is made thereto, either by the collector or by the Importer, owner, consignee or agent) or the single general appraiser in case of no appeal, or of the board of three general appraisers, in all reappraisement cases, shall be final and conclusive against all parties and shall not be subject to review in any manner for any cause in any tribunal or court, and the collector or the person acting as such shall ascertain, fix, and liquidate the rate and amount of the duties to be paid on such merchandise, and the dutiable costs and charges thereon, according to law. "SEC. 14. That the decision of the collector as to the siColtors dtci rate and amount of duties chargeable upon imported mer- etc., final. chandise, including all dutiable costs and charges, and as to all fees and exactions of whatever character (except duties on tonnage), shall be final and conclusive against all persons interested therein, unless the owner, importer, consignee, or agent of such merchandise, or the person paying such fees, charges, and exactions other than duties, shall, within fifteen days after but not before such ascertain- Time for filing ment and liquidation of duties, as well in cases of mer- uuties to be chandise entered in bond as for consumption, or within pald. fifteen days after the payment of such fees, charges, and exactions, if dissatisfied with such decision, give notice in writing to the collector, setting forth therein distinctly and specifically, and in respect to each entry or payment, the reasons for his objections thereto, and if the merchandise is entered for consumption shall pay the full amount of the duties and charges ascertained to be due thereon. Upon such notice and payment the collector shall transmit the invoice and all the papers and exhibits connected therewith to the board of mne general appraisers, for due 350 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. assignment and determination as hereinbefore provided; Determinaton such determination shall be final and conclusive upon all persons interested therein, and the record shall be transmitted to the proper collector or person acting as such, Apels tos who shall liquidate the entry accordingly, except in cases Appeals. where an application shall be filed in the United States Court of Customs Appeals within the time and in the manner provided for in this Act. Administeri ng "SEC. 15. That the general appraisers, or any of them, Examinations are hereby authorized to administer oaths, and said genby appraisers and customs oficers. eral appraisers, the boards of general appraisers, the local appraisers or the collectors, as the case may be, may cite to appear before them, and examine upon oath any owner, importer, agent, consignee, or other person touching any matter or thing which they, or either of them, may deem material respecting any imported merchandise, in ascertaining the dutiable value or classification thereof; and they, or either of them, may require the production of any letters, accounts, or invoices relating to said merchandise, Preservation of and may require such testimony to be reduced to writing, and when so taken it shall be filed in the office of the the collector, and preserved for use or reference until the final decision of the collector or said board of appraisers shall be made respecting the valuation or classification of said merchandise, as the case may be. Penalty for fail- "SEC. 16. That if any person so cited to appear shall ing to appear, etc. neglect or refuse to attend, or shall decline to answer, or shall refuse to answer in writing any interrogatories, and subscribe his name to his deposition, or to produce such papers when so required by a general appraiser, or a board Effect on ap- of general appraisers, or a local appraiser or a collector, he praisement. shall be liable to a penalty of one hundred dollars; and if such person be the owner, importer, or consignee, the appraisement which the general appraiser, or board of general appraisers, or local appraiser or collector, where there is no appraiser, may make of the merchandise shall be Fase swearing final and conclusive; and any person who shall willfully and corruptly swear falsely on an examination before any general appraiser, or board of general appraisers, or local appraiser or collector, shall be deemed guilty of perjury; Forfeiture. and if he is the owner, importer, or consignee, the merchandise shall be forfeited. Deelis ions of "SEC. 17. That all decisions of the general appraisers ers. and of the boards of general appraisers, respecting values and rates of duty, shall be preserved and fied, and shall be open to inspection under proper regulations to be premadTorS to be scribed by the Secretary of the Treasury. All decisions of the general appraisers shall be reported forthwith to the Secretary of the Treasury and to the board of general appraisers on duty at the port of New York, and the report to the board shall be accompanied, whenever practicable, by samples of the merchandise in question, and it shall be the duty of the said board, under the direction of Abstrat. the Secretary of the Treasury, to cause an abstract to be NONCONTIGUOUS TERRITORY AND CUBA. 351 made and published of such decisions of the appraisers as they may deem important, and of the decisions of each of the general appraisers and boards of general appraisers, which abstract shall contain a general description of the merchandise in question, and of the value and rate of content duty fixed in each case, with reference, whenever practicable, by number or other designation, to samples deposited in the place of samples at New York, and such abstract shall be issued from time to time, at least once in Publicaton. each week, for the information of customs officers and the public. "SEC. 18. That whenever imported merchandise is sub- Assessment of ad valorem duject to an ad valorem rate of duty, or to a duty based upon ties. or regulated in any manner by the value thereof, the duty shall be assessed upon the actual market value or wholesale price thereof, at the time of exportation to the United States, in the principal markets of. the country from whence exported; that such actual market value shall be of Dctalart held to be the price at which such merchandise is freely value. offered for sale to all purchasers in said markets, in the usual wholesale quantities, and the price which the manufacturer or owner would have received, and was willing to receive, for such merchandise when sold in the ordinary course of trade in the usual wholesale quantities, including the value of all cartons, cases, crates, boxes, sacks, casks, barrels, hogsheads, bottles, jars, demijohns, carboys, and other containers or coverings, whether holding liquids or solids, and all other costs, charges and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, and if there be used for covering or holding imported merchandise, whether dutiable or free, any unusual article or form designed for use otherwise than ix the bona fide transportation of such merchandise to the United States, additional duty shall be levied and collected upon such material or article at the rate to which the same would be subjected if sepa rately imported. That the words "value," or "actual rVltue actue market value, or "wholesale price," whenever used in and wholesale this Act, or in any law relating to the appraisement of price, construed. imported merchandise, shall be construed to be the actual market value or wholesale price of such, or similar merchandise comparable in value therewith, as defined in this Act. "SEC. 19. Any merchandise deposited in any public or fWithdraals private bonded warehouse may e withdrawn for con- from warehouse. sumption within three years from the date of original importation, on payment of the duties and charges to which it may be subject by law at the time of such withdrawal: Provided, That nothing herein shall affect or im- P;r"b.and pair existing provisions of law in regard to the disposal of explosives. perishable or explosive articles. "SEC. 20. That in all suits or informations brought, inBseniour o where any seizure has been made pursuant to any Act providing for or regulating the collection of duties on im28872~ —. Doc. 306, 62-2-25 852 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ports or tonnage, if the property is claimed by any person, the burden of proof shall lie upon such claimant: Prosoe ca r Povided, That probable cause is shown for such proserequired. cution, to be judged of by the court. eabhe and athS "SEC. 21. That all fees exacted and oaths administered abolished, except herein provided. by officers of the customs, except as provided in this Act, under or by virtue of existing laws of the United States, upon the entry of imported goods and the passing thereof through the customs, and also upon all entries of domestic goods, wares, and merchandise for exportation, be, and the same are hereby, abolished; and in case of entry of Delaration for merchandise for exportation, a declaration, in lieu of an oath, shall be filed, in such form and under such regulations as may be prescribed by the Secretary of the Treasenaltie ury; and the penalties provided in the sixth section of this Act for false statements in such declaration shall be Prlownce in applicable to declarations made under this section: Proleuofiees. vided, That where such fees, under existing laws, constitute, in whole or in part, the compensation of any officer, such officer shall receive, from and after the passage of this Act, a fixed sum for each year equal to the amount which he would have been entitled to receive as fees for such services during said year. pehaieet rtof "SEc. 22. No allowance shall be made in the estimacles. tion and liquidation of duties for shortage or nonimportation caused by decay, destruction or injury to fruit or other perishable articles imported into the United States whereby their commercial value has been destroyed, unless under regulations prescribed by the Secretary of the Fling proof. Treasury. Proof to ascertain such destruction or nonimportation shall be lodged with the collector of customs of the port where such merchandise has been landed, or the person acting as such, within ten days after the landApplication. ng of such merchandise. The provisions hereof shall apply whether or not the merchandise has been entered, and whether or not the duties have been paid or secured to be paid, and whether or not a permit of delivery has Abandonment been granted to the owner or consignee. Nor shall any allowance be made for damage, but the importers may within ten days after entry abandon to the United States all or any portion of goods, wares or merchandise of every description included in any invoice and be relieved from P n imum re- the payment of duties on the portion so abandoned: Proquired. Waded, That the portion so abandoned shall amount to ten per centum or more of the. total value or quantity of the invoice. The right of abandonment herein provided for may be exercised whether the goods, wares or merchandise have been damaged or not, or whether or not the xam ining same have any commercial value: Provided, further, That gs.ers. i section twenty-eight hundred and ninety-nine of the pR.s.,sec. 28 Revised Statutes, relating to the return of packages unopened for appraisement, shall in no wise probibit the right of importe s to make all needful examinations to determine whether the right to abandon accrues, or NONCONTIGUOUS TERRITORY AND CUBA. 353 whether by reason of total destruction there is a nonimportation in whole or in part. All merchandise aband- aDeliver ol doned to the Government by the importers shall be de-abandonedgoods. livered by the importers thereof at such place within the port of arrival as the chief officer of customs may direct, and on the failure of the importers to comply with the direction of the collector or the chief officer of customs, as the case may be, the abandoned merchandise shall be disposed of by the customs authorities under such regulations as the Secretary of the Treasury may prescribe, at the expense of such importers. Where imported fruit or Fruit, etc.conperishable goods have been condemned at the port of ori- health authori ginal entry within ten days after handling, by health offi- ties. cers or other legally constituted authorities, the importers or their agents shall, within twenty-four hours after such condemnation, lodge with the collector, or the person acting as collector, of said port, notice thereof in writing, together with an invoice description, and the quantity of the articles condemned, their location, and the name of the vessel in which imported. Upon receipt of said ofEstablishment notice the collector, or person acting as collector, shall at once cause an investigation and a report to be made in writing by at least two customs officers touching the identity and quantity of fruit or perishable goods condemned, and unless proof to ascertain the shortage or nonimportation of fruit or perishable goods shall have been lodged as herein required, or if the importer or his agent fails to notify the collector of such condemnation proceedings as herein provided, proof of such shortage or nonimportation shall not be deemed established and no allowance shall be made in the liquidatiop of duties chargeable thereon. "SEC. 23. That whenever it shall be shown to the satis- Refund of ex. faction of the Secretary of the Treasury that, in any case of unascertained or estimated duties, or payments made upon appeal, more money has been paid to or deposited with a collector of customs than, as has been ascertained by final liquidation thereof, the law required to be paid or deposited, the Secretary of the Treasury shall direct the Treasurer to refund and pay the same out of any money in the Treasury not otherwise appropriated. The necessary moneys therefor are hereby appropriated, defitne apop and this appropriation shall be deemed a permanent ation for. indefinite appropriation; and the Secretary of the ic0~rrlotf clerTreasury is hereby authorized to correct manifest clerical errors in any entry or liquidation, for or against the United States, at any time within one year of the date of such entry, but not afterwards: Provided, That the Sec- povio state retary of the Treasury shall, in his annual report to Con- ment of refunds. gress, give a detailed statement of the various sums of money refunded under the provisions of this Act or of any other Act of Congress relating to the revenue, together with copies of the rulings under which repayments were made. 354 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Offcials In 0t "SEC. 24. That from and after the taking effect of this ronally liable u matters ap Act, no collector or other officer of the customs shall be in pealable. any way liable to any owner, importer, consignee, or agent of any merchandise, or any other person, for or on account of any rulings or decisions as to the classification of said merchandise or the duties charged thereon, or the collection of any dues, charges, or duties on or on account of said merchandise, or any other matter or thing as to which said owner, importer, consignee, or agent of such merchandise might, under this Act, be entitled to appeal from the decision of said collector or other officer, or from any board of appraisers provided for in this Act. Punishmcent for "SEC. 25. That any 'person who shall give, or offer to toms ocers. give, or promise to give, any money or thing of value, directly or indirectly, to any officer or employee of the United States in consideration of or for any act or omission contrary to law in connection with or pertaining to the importation, appraisement, entry, examination, or inspection of goods, wares, or merchandise, including herein any baggage or of the liquidation of the entry thereof, or shall by threats or demands or promises of any character attempt to improperly influence or control any such officer or employee of the United States as to the performance of his official duties shall, on conviction thereof, be fined not exceeding two thousand dollars, or be imprisoned at hard labor not more than one year, or both, in the discretion of dePrima facie evi- the court; and evidence of such giving, or offering, or promising to give, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such giving or offering or promising was contrary to law, and shall puit upon the accused the burden of proving that such act was innocent and not done with an unlawful intention. Punishment for "SEC. 26. That any officer or employee of the United soliciting money, etc., by officials. States who shall, excepting for lawful duties or fees, solicit, demand, exact, or receive from any person, directly or indirectly, any money or thing of value in connection with or pertaining to the importation, appraisement, entry, examination, or inspection of goods, wares, or merchandise, including herein any baggage or liquidation of the entry thereof, on conviction thereof shall be fined not exceeding five thousand dollars or be imprisoned at hard labor not more than two years, or both, in the disdePrima facie evi- cretion of the court; and evidence of such soliciting, demanding, exacting, or receiving, satisfactory to the court in which such trial is had, shall be regarded as prima facie evidence that such soliciting, demanding, exacting, or receiving was contrary to law, and shall put upon the accused the burden of proving that such act was innocent and not with an unlawful intention. Baggage in "SEC. 27. That any baggage or personal effects arriving in the United States in transit to any foreign country may be delivered by the parties having it in charge to the collector of the proper district, to be by him retained, without the payment or exaction of any import duty, or to be NONCONTIGUOUS TERRITORY AND CUBA. 355 forwarded by such collector to the collector of the port of departure and to be delivered to such parties on their departure for their foreign destination, under such rules and regulations as the Secretary of the Treasury may prescrite. "SEC. 28. That sections twenty-six hundred and eight, Re Stat. twenty-eight hundred and thirty-eight, twenty-eight utes. hundred and thirty-nine, twenty-eight hundred and forty- 23'2608, 2838, one, twenty-eight hundred and forty-three, twenty-eight Ses. 2841, 2843, hundred and forty-five, twenty-eight hundred and fiftythree, twenty-eight hundred and fifty-four, twenty-eight ecsa 2853254, hundred and fifty-six, twenty-eight hundred and fiftyeight, twenty-eight hundred and sixty, twenty-nine hun- see. 20 -Sees. 2900, 2902, dred, twenty-nine hundred and two, twenty-nine hundred 2905. and five, twenty-nine hundred and seven, twenty-nine hundred and eight, twenty-nine hundred and nine, ses 2907-209. twenty-nine hundred and twenty-two, twenty-nine hundred and twenty-three, twenty-nine hundred and twenty- s 2922924. four, twenty-nine hundred and twenty-seven, twenty- Sees. 2927,2929. nine hundred and twenty-nine, twenty-nine hundred and thirty, twenty-nine hundred and thirty-one, twenty-nine ses 2930-2932 hundred and thirty-two, twenty-nine hundred and fortythree, twenty-nine hundred and forty-five, twenty-nine See. 2943,2945, hundred and fifty-two, three thousand and eleven, three thousand and twelve, three thousand and twelve and one- se. 3011-3013. half, three thousand and thirteen, of the Revised Statutes of the United States, be, and the same are hereby, repealed, and sections nine, ten, eleven, twelve, fourteen, and sixteen of an Act entitled 'An Act to amend the customs-revenue laws and to repeal moieties,' approved June twenty-second, eighteen hundred and seventy-four, and sections seven, eight, and nine of the Act entitled 'An Act to reduce internal-revenue taxation, and for other purposes,' approved March third, eighteen hundred and Inc 0s laitent eighty-three, and all other Acts and parts of Acts incon-laws. sistent with the provisions of this Act, are hereby repealed, Exting rights, but the repeal of existing laws or modifications thereof fected. embraced in this Act shalt not affect any act done, or any right accruing or accrued, or any suit or proceeding had or commenced in any civil cause before the said repeal or modifications; but all rights and liabilities under said laws shall continue and may be enforced in the same manner, except as otherwise provided in this Act, as if said repeal or modifications had not been made. Any offenses committed, and all penalties or forfeitures or liabilities incurred prior to the passage of this Act under any statute embraced in or changed, modified, or repealed by this Act may be prosecuted and punished in the same manner and with the same effect as if this Act had not been passed. All acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery of penalties or forfeitures embraced in or modified, changed, or repealed by this Act, shall not be affected thereby; and all suits, proceed- ceeding pro. 356 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to the passage of this Act, may be commenced and prosecuted, except as otherwise provided in this Act, within the same time and with the same effect as if this Act had not been passed: Property aban- And provided further, That nothing in this Act shall be dondto under- construed to repeal the provisions of section three thousand and fifty-eight of the Revised Statutes as amended by the Act approved February twenty-third, eighteen hundred and eighty-seven, in respect to the abandonment of merchandise to underwriters or the salvors of ourt of property, and the ascertainment of duties thereon. toAppeals cre- "SEC. 29. That a United States Court of Customs Apated; om posi- peals is hereby created, and said court shall consist of a presiding judge and four associate judges appointed by the President, by and with the advice and consent of the Senate, each of whom shall receive a salary of ten thousand dollars per annum. It shall be a court of record, with jurisdiction as hereinafter established and limited. eneral powers. "Said court shall prescribe the form and style of its seal and the form of its writs and other process and procedure and exercise such powers conferred by law as may be conformable and necessary to the exercise of its jurisMshal diction. It shall have the services of a marshal, with the same duties and powers, under the regulations of the court, as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be Columbia. applicable. Said services within the District of Columbia shall be performed by a marshal at a salary of three thousand dollars per annum, to be appointed by and Outside thhold office during the pleasure of said court; said services District. outside the District of Columbia to be performed by the United States marshals in and for the districts where sessions of said court may be held, and to this end said marshals shall be the marshals of said Court of Customs Apingtorn D C.h peals. The court shall appoint a clerk, whose office shall be in the city of Washington, District of Columbia, and Duties. who shall perform and exercise the same duties and powers in regard to all matters within the jurisdiction of said court as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as Salary. the same may be applicable. The salary of the clerk shall be four thousand dollars per annum, which sum shall be in full payment for all service rendered by such clerk, and all fees of any kind whatever, and all costs shall be by him turned into the United States Treasury. Restrtio Said clerk shall not be appointed by the court or any judge thereof as a commissioner, master, receiver, or c and fees referee. The costs and fees in the said court shall be fixed and established by said court in a table of fees to be adopted and approved by the Supreme Court of the United States within four months after the organization ooCts, e, etc of said court: Provided, That the costs and fees so fixed shall not, with respect to any item, exceed the costs and fees charged in the Supreme Court of the United States; NONCONTIGUOUS TERRITORY AND CUBA. 357 and the same shall be expended, accounted for, and paid over to the Treasury of the United States. The court RUl of p'ro shall have power to establish all rules and regulations for the conduct of the business of the court and as may be needful for the uniformity of decisions within its jurisdiction as conferred by law. "The said Court of Customs Appeals shall always be Always open. open for the transaction of business, and sessions thereof Sessions may, in the discretion of the court, be held by the said court, in the several judicial circuits, and at such places as said court may from time to time designate. "The presiding judge of said courts hall be so designated, r es i d n g in order of appointment and in the commission issuedudge. him by the President, and the associate judges shall have precedence according to the date of their commissions. Any three of the members of said court shall constitute a Quorum. quorum, and the concurrence of three members of said court shall be necessary to any decision thereof. "The said court shall organize and open for the trans- wOsgationi action of business in the city of Washington, District ofashgon.D Columbia, within ninety days after the judges, or a majority of them, shall have qualified. "After the organization of said court no appeal shall Oivenexclusive jurisdiction of apbe taken or allowed from any Board of United States peals from board General Appraisers to any other court, and no appellate ofgeneral apprais jurisdiction shall thereafter be exercised or allowed by any other courts in cases decided by said Board of United States General Appraisers; but all appeals allowed by law from such Board of General Appraisers shall be subject to review only in the Court of Customs Appeals hereby established, according to the provisions of this Act: Provided, Pros a That nothing in this Act shall be deemed to deprive the i n s upreme Supreme Court of the United States of jurisdiction to pttd. etc., ehear and determine all customs cases which have heretofore been certified to said court from the United States circuit courts of appeals on applications for writs of certiorari or otherwise, nor to review by writ of certiorari any customs case heretofore decided or now pending and hereafter decided by any circuit court of appeals, provided application for said writ be made within six months after the passage of this Act: And provided further, That Review of sees decided or pend. all customs cases heretofore decided by a circuit or dis- ing in circuit, etc., trict court of the United States or a court of a Territory courts. of the United States and which have not been removed from said courts by appeal or writ of error, and all such cases heretofore submitted for decision in said courts and remaining undecided may be reviewed on appeal at the instance of either party by the United States Court of Customs Appeals, provided such appeal be taken within one year from the date of the entry of the order, judgment or decree sought to be reviewed. "The Court of Customs Appeals established by this of nBoal e Act shall exercise exclusive appellate jurisdiction to eral Appralsers, to review by appeal, as provided by this Act, final decisions byreveed only by a Board of General Appraisers in all cases as to the 358 LAWS BELATINQ TO INSULAR AND MIITARY APAIMS. construction of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classification, and the fees and charges connected therewith, and all appealable questions as to the jurisdiction of said board, and all appealable questions as to the laws and regulations governing the nald gmen ts collection of the customs revenues; and the judgment or decrees of said Court of Customs Appeals shall be final in all such cases. juExpenses of "Any judge who, in pursuance of the provisions of Washington. this Act. shal attend a session of the Court of Customs Appeals held at any place other than the city of Washington, District of Columbia, shall be paid, upon his written and itemized certificate, by the marshal of the district in which the court shall be held, his actual and necessary expenses incurred for travel and attendance, and the actual and necessary expenses of one stenographic clerk who may accompany him, and such payments shall be allowed the marshal in the statement of his accounts with the United States. Rooms in pub " The marshal of said court for the District of Columbia and the marshals of the several districts in which said Court of Customs Appeals may be held shall, under the direction of the Attorney-General of the United States and with his approval, provide such rooms in the public buildings of the United States as may be necessary for Pisehere said court: Provided, however, That in case proper rooms can not be provided in such buildings, then the said marshals, with the approval of the Attorney-General of the United Stiates, may, from time to time, lease such Baeliser and rooms as may be necessary for said court. The bailiffs and messengers of said court shall be allowed the same compensation for their respective services as are allowed for similar services in the existing circuit courts; and in Outside rooms no case shall said marshals secure other rooms than those regularly occupied by existing circuit courts of appeals, circuit courts, or district courts, or other public officers, except where such can not, by reason of actual occupancy or use, be occupied or used by said Court of Customs romAppeals. boels genr 'If the importer, owner, consignee, or agent of any apraisers. imported merchandise, or the collector or Secretary of Tie limit. the Treasury, shall be dissatisfied with the decision of the Board of General Appraisers as to the construction of the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, or with any other appealable decision of said board, they, or either of them, may, within sixty days next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs Appeals for a review of the ques-.esa, etc. tions of law and fact involved in such decision: Promded, That in Alaska and in the insular and other outside possessions of the United States ninety days shall be allowed for making such application to the Court of Customs NONCONTIGUOUS TERRITORY AND CUBA. 359 Appeals. Such application shall be made by filing in Application. the office of the clerk of said court a concise statement of errors of law and fact complained of, and a copy of said statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the court shall immediately order the Board Recordetc. to of General Appraisers to transmit to said court the record and evidence taken by them, together with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Appeals. The decision of said cYialit of d. Court of Customs Appeals shall be final, and such cause shall be remanded to said Board of General Appraisers for further proceedings to be taken in pursuance of such determination. "Immediately upon the organization of the Court of Transfer of Customs Appeals all cases within the jurisdiction of that court pending and not submitted for decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall, with the record and samples therein, be certified by said courts to said Court of Customs Appeals for further proceedings in accordance herewith: Provided, That where orders Competion of for the taking of further testimony before a referee have testimony. been made in any of such cases, the taking of such testimony shall be completed before such certification. "That in case of a vacancy or the temporary inability TemporaryP or disqualification for any reason of one or two judges of judges. said Court of Customs Appeals, the President of the United States may, upon the request of the presiding judge of said court, designate any qualified United States circuit or district judge or judges to act in his or their place, and such United States judge or judges shall be duly qualified to so act. "Said Court of Customs Appeals shall have power to Extent of power review any decision or matter within its jurisdiction and may affirm, modify, or reverse the same and remand the case with such orders as may seem to it proper in the premises, which shall be executed accordingly. "Immediately upon receipt of any record transmitted Calendar to said court for determination the clerk thereof shall place the same upon the calendar for hearing and sub- Hearings. mission; and such calendar shall be called and all cases thereupon submitted, except for good cause shown, at least once every sixty days. "In addition to the clerk of said court the court may citeI io n S appoint an assistant clerk at a salary of two thousand five hundred dollars per annum, five stenographic clerks at a salary of two thousand four hundred dollars per annum each, and one stenographic reporter at a salary of two thousand five hundred dollars per annum, and a messenger at a salary of nine hundred dollars per annum, all payable in equal monthly installments, and all of whom, including the clerk, shall hold office during the 360 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pleasure of and perform such duties as are assigned them porDti of by the court. Said reporter shall prepare and transmit to the Secretary of the Treasury once a week in time for publication in the Treasury Decisions copies of all decisions rendered to that date by said court, and prepare and transmit, under the direction of said court, at least once a year, reports of said decisions rendered to that date, eprciseTeton beconstituting a volume, which shall be printed by the Treasury Department in such numbers and distributed or sold in such manner as the Secretary of the -Treasury Contingent ex- shall direct. The marshal of said court for the District of es. Columbia is hereby authorized to purchase, under the direction of the presiding judge, such books, periodicals, and stationery as may be necessary for the use of said court, and such expenditures shall be allowed and paid by the Secretary of the Treasury upon claim duly made and approved by said presiding judge. torney- General SEC. 30. That there shall be appointed by the Presitobe appointed. dent, by and with the advice and consent of the Senate, an Assistant Attorney-General, who shall exercise the -functions of his office under the supervision and control salary. of the Attorney-General of the United States, and who shall be paid a salary of ten thousand dollars per annum; and there shall also be appointed by the Attorney-GenDeputy Assist-eral of the United States a Deputy Assistant Attorneyant AttorneyGeneral, and at-General, who shall be paid a salary of seven thousand torneys. five hundred dollars per annum, andfour attorneys, who shall be paid salaries of five thousand dollars per annum Duties, in cus- each. Said attorneys shall act under the immediate direction of said Assistant Attorney-General, or, in case of his absence or a vacancy in his office, under the direction of said Deputy Assistant Attorney-General, and said Assistant Attorney-General, Deputy Assistant AttorneyGeneral, and attorneys shall have charge of the interests of the Government in all matters of reappraisement and classification of imported goods and of al litigation incident thereto, and shall represent the Government in all the courts and before all tribunals wherein the interests of the Government require such representation. Employment of" But the Attorney-General may, whenever in his opinspecia l attorneys.. y ion the public interest requires it, employ and retain, in the name of the United States, such special attorneys and counselors at law in the conduct of customs cases as he may think necessary to assist said Assistant AttorneyGeneral in the discharge of any of the duties incumbent upon him and his said subordinates, and shall stipulate with such attorneys and counsel the amount of compensation and shall have supervision of their conduct and proceedings." duoties os e SEC. 29. That on and after the day when this Act shall herein. go into effect all goods, wares, and merchandise previously imported, for which no entry has been made, and all goods, wares, and merchandise previously entered without payment of duty and under bond for warehousing, transporta NONCONTIGUOUS TERRITORY AND CUBA. 861 tion, or any other purpose, for which no permit of delivery to the importer or his agent has been issued, shall be subjected to the duties imposed by this Act and to no other duty, upon the entry or the withdrawal thereof: Provided, Proio.att That when duties are based upon the weight of merchan- o entry. dise deposited in any public or private bonded warehouse, said duties shall be levied and collected upon the weight of such merchandise at the time of its entry. SEC. 30. That section thirty-three hundred and sixty- omestic t otwo of the Revised Statutes of the United States, as R. s., sec. 3362, amended, be, and the same is hereby amended so as to read p. 675, amended. as follows: "SEC. 3362. All manufactured tobacco shall be put Manufctured up and prepared by the manufacturer for sale, or removal for sale or consumption, in packages of the following description and in no other manner: "All smoking tobacco, snuff, fine-cut chewing tobacco, Pakages doe all cut and granulated tobacco, all shorts, the refuse of fine-cut chewing, which has passed through a riddle of thirty-six meshes to the square inch, and all refuse scraps, clippings, cuttings, and sweepings of tobacco, and all other kinds of tobacco not otherwise provided for, in packages containing one-half ounce, three-fourths of an ounce, and further packages with a difference between each package and the one next smaller of one-fourth of an ounce up to and including four ounces, and packages of six ounces, seven ounces, eight ounces, ten ounces, twelve ounces, fourteen ounces, and sixteen ounces: Provided, Provo. That snuff may, at the option of the manufacturer, be put up in bladders and in jars containing not exceeding twenty pounds. "All cavendish, plug, and twist tobacco, in wooden Wooden packpackages not exceeding two hundred pounds net weight. as p "And every such wooden package shall have printed Marking re or marked thereon the manufacturer's name and place of manufacture, the registered number of the manufactory, and the gross weight, the tare, and the net weight of the tobacco in each package: Provided, That these limita- Proviso. Exports excepttions and descriptions of packages shall not apply to ed. tobacco and snuff transported in bond for exportation and actually exported: And provided further, That ales of perique, perique tobacco, snuff flour, fine-cut shorts, the refuse of oftax. fine-cut chewing tobacco, refuse scraps, clippins, cuttings, and sweepings of tobacco, may be sol in ulk as material, and without the payment of tax, by one manufacturer directly to another manufacturer, or for export, under such restrictions, rules, and regulations as the Commissioner of Internal Revenue may prescribe: And provided further, That wood, metal, paper, or other Composition do materials may be used separately or in combination for packing tobacco, snuff, and cigars, under such regulations as the Commissioner of Internal Revenue may establish." SEC. 31. That section thirty-three hundred and sixty- Rates of tax. eight of the Revised Statutes of the United States, as.658,amended. 862 LAWs RELATING TO INSULAR AND MILITARY AFFAIRS. amended, be, and the same is hereby amended so as to read as follows: tobanlctu rnd "SEc. 3368. Upon tobacco and snuff manufactured and snuf. sold, or removed for consumption or use, there shall be levied and collected the following taxes: 8nufs. "On snuff, manufactured of tobacco or any substitute for tobacco, ground, dry, damp, pickled, scented, or otherwise, of all descriptions, when prepared for use, a tax of eight cents per pound. And snuff flour, when sold, or removed for use or consumption, shall be taxed as snuff, and shall be put up in packages and stamped in the same manner as snuff. Chewing and "On all chewing and smoking tobacco, fine-cut, cavendish, plug, or twist, cut or granulated, of every description; on tobacco twisted by hand or reduced into a condition to be consumed, or m any manner other than the ordinary mode of drying and curing, prepared for sale or consumption, even if prepared without the use of any machine or instrument, and without being pressed or sweetened; and on all fine-cut shorts and refuse scraps, clippings, cuttings, and sweepings of tobacco, a tax of eight cents per pound." CSse. 3392, SEC. 32. That section thirty-three hundred and ninetyp. 666, amended. two of the Revised Statutes of the United States, as amended by section thirty-two of the Act of October first, eighteen hundred and ninety, be amended to read as follows: Nie boxes re ':SEc. 3392. All cigars weighing more than three pounds per thousand shall be packed in boxes not before used for that purpose containing, respectively, five, ten, twelve, thirteen, twenty-five, fifty, one hundred, two hundred, two hundred and fifty, or five hundred cigars each; and Puntihmentfor every person who sells, or offers for sale, or delivers, or using other forms, rJ r - etc. offers to deliver, any cigars in any other form than in new boxes as above described, or who packs in any box any cigars in excess of or less than the number provided by law to be put in each box, respectively, or who falsely brands any box, or affixes a stamp on any box denoting a less amount of tax than that required by law, shall be fined for each offense not more than one thousand dollars, and Prasales. be imprisoned not more than two years: Provided, That nothing in this section shall be construed as preventing the sale of cigars at retail by retail dealers from boxes packed, stamped, and branded in the manner prescribed cgarttes re- by law: And provided further, That every manufacturer quired. of cigarettes shall put up all the cigarettes that he manufactures or has manufactured for him and sells or removes for consumption or use, in packages or parcels containing five, eight, ten, fifteen, twenty, fifty, or one hundred cigarettes each, and shall securely affix to each of said packages or parcels a suitable stamp denoting the tax thereon, and shall properly cancel the same prior to such sale or removal for consumption or use, under such regulations as the Commissioner of Internal Revenue shall.relMed C -prescribe; and all cigarettes imported from a foreign NONCONTIGUOUS TERRITORY AND CUBA. 863 country shall be packed, stamped, and the stamps canceled in like manner, in addition to the import stamp indicating inspection of the custom-house before they are withdrawn therefrom." SEC. 33. That section thirty-three hundred and ninety- ates of x. four of the Revised Statutes of the United States, as p. 6, amended.' amended, be, and the same is hereby amended so as to read as follows: "SEC. 3394. Upon cigars and cigarettes which shall clatm be manufactured and sold, or removed for consumption or sale, there shall be assessed and collected the following taxes, to be paid by the manufacturer thereof: On cigars of all descriptions made of tobacco or any substitute therefor and weighing more than three pounds per thousand, three dollars per thousand; on cigars, made of tobacco, or any substitute therefor, and weighing not more than three pounds per thousand, seventy-five cents per thousand; on cigarettes, made of cigaretts. tobacco, or any substitute therefor, and weighing more than three pounds per thousand, three dollars and sixty cents per thousand; on cigarettes, made of tobacco, or any substitute therefor, and weighing not more than three pounds per thousand, one dollar and twenty-five cents per thousand: Provided, That all rolls of tobacco, Profetio. or any substitute therefor, wrapped with tobacco, shall be classed as cigars; and all rolls of tobacco, or any substitute therefor, wrapped in paper or any substance other than tobacco, shall be classed as cigarettes. "And the Commissioner of Internal Revenue, with the rStam for new approval of the Secretary of the Treasury, shall provide dies and stamps for cigars weighing not more than three pounds per thousand; and for cigarettes at the rates of tax imposed by this section: Provided, That such stamps P iatioo. shall be in denominations of five, eight, ten, fifteen, twenty, fifty, and one hundred; and the laws and regulations governing the packing and removal for sale of cigarettes, and the affixing and canceling of the stamps on the packages thereof, shall apply to cigars weighing not more than three pounds per thousand. "No packages of manufactured tobacco, snuff, cigars, pacicagS. on or cigarettes, prescribed by law, shall be permitted to have packed in, or attached to, or connected with, them, nor affixed to, branded, stamped, marked, written, or printed upon them, any paper, certificate, or instrument purporting to be or represent a ticket, chance, share or interest in, or dependent upon, the event of a lottery, nor any indecent or immoral picture, representation, print, or words; and any violation.f the provisions of vPuishment for this paragraph shall subject the offender to the penalties R S oo. and punishments provided by section thirty-four hun- p. 6om dred and fifty-six of the Revised Statutes." SEC. 34. That the provisions of sections thirty, thirty- 191 effctly 1 one, thirty-two, and thirty-three of this Act shall not take effect until July first, nineteen hundred and ten. 364 LAWS BBEATING TO INSULAR AND MILITARY AFFAIRS. Unstemmed SEm. 35. That unstemmed leaf tobacco in the natural natural leaf, not subject to tax. eaf, in the hand, and not manufactured or altered in any manner, raised and grown in the United States, shall not be subject to any internal-revenue tax or charge of any kind whatsoever, and it shall be lawful for any person to buy and sell such unstemmed tobacco PO' DO tin the leaf, in the hand, without payment of tax of rmners nor pro- any kind: Provided, That any person, other than the deemed dealers. farmer or producer of leaf tobacco, who sells leaf Requirements. tobacco to manufacturers of tobacco, snuff or cigars shall p. 6232. be deemed and considered a dealer in leaf tobacco, and become subject to all the provisions of section thirty-two hundred and forty-four, as amended by section fourteen, Act of March first, eighteen hundred and seventy-nine, and also as amended by the Act of March third, eighteen hundred and eighty-three, and, further, shall be subject R s.,sec. 3360, to all the provisions of section thirty-three hundred and R. s.,secs.3359, sixty, as amended by section fourteen, Act of March first, 339 pp. 657,665eighteen hundred and seventy-nine, and of sections thirty-three hundred and fifty-nine and thirty-three hundred and ninety-one, United States Revised Statutes. iRetail dealers Every person shall be regarded as a retail dealer in leaf in leaf tobacco de-.. fined. tobacco whose business it is to sell leaf tobacco in quantities of less than an original hogshead, case, or bale; and who shall sell directly to consumers or to persons other than dealers in leaf tobacco or to manufacturers of tobacco, snuff or cigars, or to persons who purchase in original packages for export. qReis try re- Every such retail dealer in leaf tobacco shall register with the collector of the district his name or style, place of residence, trade or business, and the place where such trade or business is to be carried on; and a failure to regPenaltyforail-ister as herein required shall subject such person to a penalty of fifty dollars; and every retail dealer in leaf toRecord of ur- bacco shall also keep a book and enter therein daily his chases and sa es. purchases of leaf tobacco and his sales, where such sales amount to two pounds or more to one person in one day. Such record shall be kept written up to date and shall be in such form and contain such entries as shall be prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, and such books shall be open at all times for the inspection of any internal-revenue officer or agent. ea without.Any person who has duly qualified as a retail dealer in leaf tobacco may sell natural leaf tobacco grown or raised in the United States in its condition as cured on the farm, in the hand, and not manufactured in any way, except to manufacturers of tobacco, snuff or cigars, without tlae payment of any tax on such leaf tobacco whatsola Ssa ent ever, and so much of section sixty-nine, tariff Act of AuR. S.,sec. 3244, gust twenty-seventh, eighteen hundred and ninety-four, p* which took effect the following day, and section thirtytwo hundred and forty-four, United States Revised Statutes, or any other existing law, as is inconsistent with the provisions of this Act, is hereby repealed, NONCONTIGUOUS TERRITORY AND CUBA. 366 And it shall be the duty of every retail dealer in leaf sltateme, t o f tobacco, as herein described, under regulations to be pre- pounds or more scribed by the Commissioner of Internal Revenue with the approval of the Secretary of the Treasury, to furnish on demand to any internal-revenue officer or other authorized agent of the Treasury Department a true and correct statement, verified by his oath or affirmation, of all his sales of leaf tobacco in quantities of ten pounds or more to any one person in any one day, with the name and residence in each instance of the person to whom sold, and any such retail dealer in leaf tobacco who shall will- fPealt for r. fully refuse to furnish such information or keep the book as required herein, or who shall knowingly make any false statements or false entries in such book as to any of the facts aforesaid, shall be guilty of a misdemeanor, and on conviction shall be liable to a fine of fifty dollars for each offense: And provided further, That nothing in Priers or this Act shall be construed as imposing any restrictions growers not re whatsoever upon the farmers or growers of leaf tobacco stricted. in regard to the sales of their leaf tobacco. SEC. 36. That a tonnage duty of two cents per ton, not ToBe, dUty. to exceed in the aggregate ten cents per ton in any one North American year, is hereby imposed at each entry on all vessels which ulf, etc., ports. at R. S., sec. 4219, shall be entered in any port of the United States from any p 813, amended. foreign port or place in North America, Central America, the West India Islands, the Bahama Islands, the Bermuda Islands, or the coast of South America bordering on the Carribean Sea, or Newfoundland, and a duty of Other foreign six cents per ton, not to exceed thirty cents per ton per annum, is hereby imposed at each entry on all vessels which shall be entered in any port of the United States from any other foreign port, not, however, to include Vessels in disvessels in distress or not engaged in trade. This section shall not be construed to amend or repeal Ferryboats, section twenty-seven hundred and ninety-two of the aaffected. Revised Statutes as amended by section one of chapter p.R58., se. 2792 two hundred and twelve of the laws of nineteen hundred and eight, approved May twenty-eighth, nineteen hundred and eight, or section five of the said chapter two hundred and twelve of the laws of nineteen hundred and R.S., sec. 2793, eight, or section twenty-seven hundred and ninety-three 5 of the Revised Statutes. Section forty-two hundred and thirty-two of the Colctin laws Revised Statutes, and sections eleven and twelve of R.., sec. 4232, chapter four hundred and twenty-one of the laws of., sec. 421 R. S., sec. 4219, eighteen hundred and eighty-six, approved June nine-p. 813. teenth, eighteen hundred and eighty-six, and so much of section forty-two hundred and nineteen of the Revised Statutes as conflicts with this section, are hereby repealed. This section shall take effect sixty days after the ap- In effect In 60 proval of this Act. SEC. 37. There shall be levied and collected annually rAnnual ta on on the first day of September by the collector of customs yachts, etci of the district nearest the residence of the managing 866 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. owner, upon the use of every foreign-built yacht, pleasureboat or vessel, not used or intended to be used for trade, now or hereafter owned or chartered for more than six months by any citizen or citizens of the United States, a sum equivalent to a tonnage tax of seven dollars per gross ton. Aceptance of In lieu of the annual tax above prescribed the owner of any foreign-built yacht, pleasure-boat or vessel above described may pay a duty of thirty-five per centum ad valorem thereon, and such yacht, pleasure-boat or vessel Prvileges,etc. shall thereupon be entitled to all the privileges and shall be subject to all the requirements prescribed by sections R. s., ses.42214, forty-two hundred and fourteen, forty-two hundred and 4215, 4217, 4218, p. 812' ' fifteen, forty-two hundred and seventeen, and fortytwo hundred and eighteen of the Revised Statutes and Acts amendatory thereto in the same manner as if said yacht had been built in the United States, and shall be subject to tonnage duty and light money only in the same manner as if said yacht had been built in the United States. tionnage ex- So much of section five of chapter two hundred and eds. t twelve of the laws of nineteen hundred and eight, approved May twenty-eight, nineteen hundred and eight, as relates to yachts built outside the United States and owned by citizens of the United States is hereby repealed. Vessels exclud- This section shall not apply to a foreign-built vessel admitted to American registry. orporatios. SEC. 38. Thut every corporation, joint stock company Special exc is e tax on business or association, organized for profit and having a capital Of stock represented by shares, and every insurance company, now or hereafter organized under the laws of the United States or of any State or Territory of the United States or under the Acts of Congress applicable to Alaska or the District of Columbia, or now or hereafter organized under the laws of any foreign country and engaged in business in any State or Territory of the United States or in Alaska or in the District of Columbia, shall be subject to pay annually a special excise tax with respect to the carrying on or doing business by such corporation, joint stock company or association, or insurance comRate on net in- pany, equivalent to one per centum upon the entire net income over and above five thousand dollars received by it from all sources during such year, exclusive of amounts received by it as dividends upon stock of other corporations, joint stock companies or associations, or insurance companies, subject to the tax hereby imposed; or if organized under the laws of any foreign country, upon the amount of net income over and above five thousand dollars received by it from business transacted and capital invested within the United States and its Territories, Alaska, and the District of Columbia during such year, exclusive of amounts so received by it as dividends upon stock of other corporations, joint stock companies or associations, or insurance companies, subject to the NONCONTIGUOUS TERRITORY AND CUBA. 367 tax hereby imposed: Provided, however, That nothing in ProV.ati this section contained shall apply to labor, agricultural excepted. or horticultural organizations, or to fraternal beneficiary societies, orders, or associations operating under the lodge system, and providing for the payment of life, sick, accident, and other benefits to the members of such societies, orders, or associations, and dependents of such members, nor to domestic building and loan associations, organized and operated exclusively for the mutual benefit of their members, nor to any corporation or association organized and operated exclusively for religious, charitable, or educational purposes, no part of the net income of which inures to the benefit of any private stockholder or individual. Second. Such net income shall be ascertained by de- Determination ducting from the gross amount of the income of such net income. corporation, joint stock company 6r association, or insurance company, received within the year from all sources, (first) all the ordinary and necessary expenses DedUcttiis. Operating exactually paid within the year out of income in the main- penses, etc. tenance and operation of its business and properties, including all charges such as rentals or franchise payments, required to be made as a condition to the continued use or possession of property; (second) all losses actually cLoes, dePr sustained within the year and not compensated by insurance or otherwise, including a reasonable allowance for depreciation of property, if any, and in the case of insurance companies the sums other than dividends, paid within the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve funds; (third) interest actually paid debtedneon n within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the paid-up capital stock of such corporation, joint stock company or association, or insurance company, outstanding at the close of the year, and in the case of a bank, banking association or trust company, all interest actually paid by it within the year on deposits; (fourth) Taxes. all sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof, or imposed by the government of any foreign country as.a condition to carrying on business therein; (fifth) all amounts received by it within the year onsDitdnsubj as dividends upon stock of other corporations, joint stock to tax. companies or associations, or insurance companies, subject to the tax hereby imposed: Provided, That in the case of Por corpoa corporation, joint stock company or association, or in- rations. surance company, organized under the laws of a foreign country, such net income shall be ascertained by deducting from the gross amount of its income received within the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia, (first) all the ordi- Deductios. nary and necessary expenses actually paid within the penses, etc year out of earnings in the maintenance and operation of 28872~-S. Doc. 306, 62-2, ---26 368 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. its business and property within the United States and its Territories, Alaska, and the District of Columbia, including all charges such as rentals or franchise payments required to be made as a condition to the continued use or Loses, depre-possession of property; (second) all losses actually sustained within the year in business conducted by it within the United States or its Territories, Alaska, or the District of Columbia not compensated by insurance or otherwise, including a reasonable allowance for depreciation of property, if any, and in the case of insurance companies the sums other than dividends, paid within the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve Interet on in- funds; (third) interest actually paid within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness, not exceeding the proportion of its paid-up capital stock outstanding at the Limit. close of the year which the gross amount of its income for the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia bears to the gross amount of its income derived from all sources within and Taxes inUnited without the United States; (fourth) the sums paid by it within the year for taxes imposed under the authority of the United States or of any State or Territory thereof; Dividends on (fifth) all amounts received by it within the year as divitax. dends upon stock of other corporations, joint stock companies or associations, and insurance companies, subject Assmen i- to the tax hereby imposed. In the case of assessment nies. insurance companies the actual deposit of sums with State or Territorial officers, pursuant to law, as additions to guaranty or reserve funds shall be treated as being payments required by law to reserve funds. Further deduc- Third. There shall be deducted from the amount of the net income of each of such corporations, joint stock companies or associations, or insurance companies, ascertained as provided in the foregoing paragraphs of this computation of section, the sum of five thousand dollars, and said tax shall be computed upon the remainder of said net income of such corporation, joint stock company or association, or insurance company, for the year ending December thirty-first, nineteen hundred and nine, and for each calAnnua returns endar year thereafter; and on or before the first day of fleers. March, nineteen hundred and ten, and the first day of March in each year thereafter, a true and accurate return under oath or affirmation of its president, vice-president, or other principal officer, and its treasurer or assistant treasurer, shall be made by each of the corporations, joint stock companies or associations, and insurance companies, subject to the tax imposed by this section, to the collector of internal revenue for the district in which such corporation, joint stock company or association, or insurance company, has its principal place of business, or, in the case of a corporation, joint stock company or association, or insurance company, organized under the laws of a for NONCONTIGUOUS TERRITORY AND CVTBA. 369 eign country, in the place where its principal business is carried on within the United States, in such form as the Forms,contents. Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe, setting forth, (first) the total amount of the paid-up capital stock Ouapitalstock of such corporation, joint stock company or association, or insurance company, outstanding at the close of the year; (second) the total amount of the bonded and other ndebtednes indebtedness of such corporation, joint stock company or association, or insurance company at the close of the year; (third) the gross amount of the income of such corpora- Gro income tion, joint stock company or association, or insurance company, received during such year from all sources, and if organized under the laws of a foreign country the gross paFoei com amount of its income received within the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia; also the amount received by such corpora- stDividends from tion, joint stock company or association, or insurance tax. company, within the year by way of dividends upon stock of other corporations, joint stock companies or associations, or insurance companies, subject to the tax imposed by this section; (fourth) the total amount of all the ordi- Operating exnary and necessary expenses actually paid out of earnings in the maintenance and operation of the business and properties of such corporation, joint stock company or association, or insurance company, within the year, stating separately all charges such as rentals or franchise payments required to be made as a condition to the continued use or possession of property, and if organized under the iForeign comPa laws of a foreign country the amount so paid in the maintenance and operation of its business within the United States and its Territories, Alaska, and the District of Columbia; (fifth) the total amount of all losses actually sus- Losses, depretained during the year and not compensated by insurance or otherwise, stating separately any amounts allowed for depreciation of property, and in the case of insurance companies the sums other than dividends, paid within the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve funds; and in the case of a corporation, joint stock company or association, or insurance company, organized under the laws of a foreign country, all losses.oreign comp actually sustained by it during the year in business conducted by it within the United States or its Territories, Alaska, and the District of Columbia, not compensated by insurance or otherwise, stating separately any amounts allowed for depreciation of property, and in the case of insurance companies the sums other than dividends, paid pInsurance comr within the year on policy and annuity contracts and the net addition, if any, required by law to be made within the year to reserve fund; (sixth) the amount of interest inIdtetaidon actually paid within the year on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the paid-up capital stock of such 370 L&WS RELATG TO INSULAR AND MILITARY AFFAIRS corporation, joint stock company or association, or insurance company, outstanding at the close of the year, and in the case of a bank, banking association or trust company, stating separately all interest paid by it within the Foreign compa-year on deposits; or in case of a corporation, joint stock company or association, or insurance company, organized under the laws of a foreign country, interest so paid on its bonded or other indebtedness to an amount of such bonded and other indebtedness not exceeding the proportion of its paid-up capital stock outstanding at the close of the year, which the gross amount of its income for the year from business transacted and capital invested within the United States and any of its Territories, Alaska, and the District of Columbia, bears to the gross amount of its income derived from all sources within and without the Taxes paid. United States; (seventh) the amount paid by it within the year for taxes imposed under the authority of the United States or any State or Territory thereof, and separately the amount so paid by it for taxes imposed by the government of any foreign country as a condition to Net income carrying on business therein; (eighth) the net income of such corporation, joint stock company or association, or insurance company, after making the deductions in this Disposition of section authorized. All such returns shall as received be transmitted forthwith by the collector to the Commissioner of Internal Revenue. Further infor- Fourth. Whenever evidence shall be produced before mation if returns incorrect or not the Commissioner of Internal Revenue which in the made. opinion of the commissioner justifies the belief that the return made by any corporation, joint stock company or association, or insurance company, is incorrect, or whenever any collector shall report to the Commissioner of Internal Revenue that any corporation, joint stock company or association, or insurance company, has failed to make a return as required by law, the Commissioner of Internal Revenue may require from the corporation, joint stock company or association, or insurance company making such return, such further information with reference to its capital, income, losses, and expenditures as he Agents toe x -may deem expedient; and the Commissioner of Internal amine ooks, etc. Revenue, for the purpose of ascertaining the correctness of such return or for the purpose of making a return where -none has been made, is hereby authorized, by any regularly appointed revenue agent specially designated by him Powers, etc. for that purpose, to examine any books and papers bearing upon the matters required to be included in the return of such corporation, joint stock company or association, or insurance company, and to require the attendance of any officer or employee of such corporation, joint stock company or association, or insurance company, and to take his testimony with reference to the matter required by law to be included in such return, with power to administer oaths to such person or persons; and the Commissioner of Internal Revenue may also invoke the aid of NONCONTIGUOUS TERRITORY AND CUBA. 371 any court of the United States having jurisdiction to require the attendance of such officers or employees and the production of such books and papers. Upon the informa- Amending r e tion so acquired the Commissioner of Internal Revenue t etc. may amend any return or make a return where none has been made. All proceedings taken by the Commissioner Apr ovgal of of Internal Revenue under the provisions of this section proeedgs. shall be subject to the approval of the Secretary of the Treasury. Fifth. All returns shall be retained by the Commis- beamen to sioner of Internal Revenue, who shall make assessments thereon; and in case of any return made with false or Addition if 1 turns false. fraudulent intent, he shall add one hundred per centum of Neglect, etc. such tax, and in case of a refusal or neglect to make a return or to verify the same as aforesaid he shall add fifty per centum of such tax. In case of neglect occasioned by aFurthe timein the sickness or absence of an officer of such corporation, etc. joint stock company or association, or insurance company, required to make said return, or for other sufficient reason, the collector may allow such further time for making and delivering such return as he may deem necessary, not exceeding thirty days. The amount so added to the collection of ad tax shall be collected at the same time and in the same ditional tax. manner as the tax originally-assessed unless the refusal, neglect, or falsity is discovered after the date for payment of said taxes, in which case the amount so added shall be paid by the delinquent corporation, joint stock company or association, or insurance company, immediately upon notice given by the collector. All assessments shall be Notification ot made and the several corporations, joint stock companies assessment. or associations, or insurance companies, shall be notified of the amount for which they are respectively liable on or Payment. before the first day of June of each successive year, and said assessments shall be paid on or before the thirtieth day of Juhe, except in cases of refusal or neglect to make such return, and in cases of false or fraudulent returns, in which cases the Commissioner of Internal Revenue shall, upon the discovery thereof, at any time within three years after said return is due, make a return upon information obtained as above provided for, and the assessment made by the Commissioner of Internal Revenue thereon shall be paid by such corporation, joint stock company or association, or insurance company immediately upon notification of the amount of such assessment; and to any sum yPenalty tor de or sums due and unpaid after the thirtieth day of June in any year, and for ten days after notice and demand thereof by the collector, there shall be added the sum of five per centum on the amount of tax unpaid and interest at the rate of one per centum per month upon said tax from the time the same becomes due. Sixth. When the assessment shall be made, as provided cu^tody of r in this section, the returns, together with any corrections thereof which may have been made by the commissioner, shall be filed in the office of the Commissioner of Internal 372 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Revenue and shall constitute public records and be open to inspection as such. Dtuvulsng e - Seventh. It shall be unlawful for any collector, deputy collector, agent, clerk, or other officer or employee of the United States to divulge or make known in any manner whatever not provided by law to any person any information obtained by him in the discharge of his official duty, or to divulge or make known in any manner not provided by law any document received, evidence taken, or report made under this section except upon the special direction runishment of the President; and any offense against the foregoing provision shall be a misdemeanor and be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding one year, or both, at the discretion of the court. Penalty for fail Eighth. If any of the corporations, joint stock compareturns. nies or associations, or insurance companies, aforesaid, shall refuse or neglect to make a return at the time or times hereinbefore specified in each year, or shall render a false or fraudulent return, such corporation, joint stock company or association, or insurance company, shall be liable to a penalty of not less than one thousand dollars and not exceeding ten thousand dollars. Punihntfor Any person authorized by law to make, render, sign, or false returns, etc., ake by officials. verify any return who makes any false or fraudulent return, or statement, with intent to defeat or evade the assessment required by this section to be made, shall be guilty of a misdemeanor, and shall be fined not exceeding one thousand dollars or be imprisoned not exceeding one year, or both, at the discretion of the court, with the costs of prosecution. Anppliction u~ All laws relating to the collection, remission, and refund internal-reven u e laws. of internal-revenue taxes, so far as applicable to and not inconsistent with the provisions of this section, are hereby extended and made applicable to the tax imposed by this section. eourts te com- Jurisdiction is hereby conferred upon the circuit and pel attenda n c e, etc. district courts of the United States for the district within which any person summoned under this section to appear to testify or to produce books, as aforesaid, shall reside, to compel such attendance, production of books, and testimony by appropriate process. Panamcanal. SEC. 39. That the Secretary of the Treasury is hereby Additional i s - sue of bonds for authorized to borrow on the credit of the United States construction, etc. from time to time, as the proceeds may be required to defray expenditures on account of the Panama Canal and to reimburse the Treasury for such expenditures already made and not covered by previous issues of bonds, the Amount. sum of two hundred and ninety million five hundred and sixty-nine thousand dollars (which sum together with the eightyfour million six hundred and thirty-one thousand nine hundred dollars already borrowed upon issues of two per cent bonds under section eight of the Act of June twenty-eighth, nineteen hundred and two, equals the esti NONCONTIGUOUS TE&RTOiY ANTD CtUB 878 mate of the Isthmian Canal Commission to cover the entire cost of the Canal from its inception to its completion), and to prepare and issue therefor coupon or registered bonds of the United States in such form as he may prescribe, and in denominations of one hundred dollars, tiDe nom in five hundred dollars, and one thousand dollars, payable Payable in 50 fifty years from the date of issue, and bearing interest pay- yInerest. able quarterly in gold coin at a rate not exceeding three per centum per annum; and the bonds herein authorized shall be exempt from all taxes or duties of the United froEtaxteption States, as well as from taxation in any form by or under State, municipal, or local authority: Provided, That said Poiso. bonds may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, giving to all citizens of the United States an equal opportunity to subscribe therefor, but no commissions shall be allowed or paid thereon; and a sum not exceeding Approprati o n one-tenth of one per centum of the amount of the bonds herein authorized is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the expenses of preparing, advertising, -and issuing the ceU"bohn pere same; and the authority contained in section eight of the pealed. Act of June twenty-eighth, nineteen hundred and two, for the issue of bonds bearing interest at two per centum per annum, is hereby repealed. SEC. 40. That section thirty-two of an Act, entitled, indebttiedes "An Act providing ways and means to meet war expenditures, and for other purposes," approved June thirteenth, eighteen hundred and ninety-eight, be, and the same is hereby, amended to read as follows: "That the Secretary of the Treasury is authorized to i ssa ue authorborrow from time to time, at a rate of interest not exceeding three per centum per annum, such sum or sums as, in his judgment, may be necessary to meet public expenditures, and to issue therefor certificates of indebtedness in such form as he may prescribe and in denominations of fifty dollars or some multiple of that sum; and each cer- Payable within tificate so issued shall be payable; with the interest accrued one year. thereon, at such time, not exceeding one year from the date of its issue, as the Secretary of the Treasury may prescribe: Provided, That the sum of such certificates out- Pvo.t i Amount in. standing shall at no time exceed two hundred millions creased. of dollars; and the provisions of existing law respecting counterfeiting and other fraudulent practices are hereby extended to the bonds and certificates of indebtedness Laws as to counter fe t ing, authorized by this Act." etc., applicable. SEc. 41. That sections one to four, inclusive, of an Act Repeal of inentitled: "An Act to provide revenue for the Government and to encourage the industries of the United States," approved July twenty-fourth, eighteen hundred and ninety-seven, and all Acts and parts of Acts inconsistent with theprovisions of this Act, are hereby repealed, but Pending proceedings, etc., not the repeal of existing laws or modifications thereof em- affected. braced in this Act shall not affect any act done, or any 37T4 LAWS RELAiiNG tO TlifStLA ANI) MIb1A"r~ AIFAIRtS. right accruing or accrued, or any suit or proceeding had or commenced mn any civil case before the said repeal or nfofrcement modification; but all rights and liabilities under said laws b~itfe.. n shall continue and may be enforced in the same manner, except as otherwise provided in section twenty-eight of this Act, as if said repeal or modifications had not been Prior offenses, made. Any offenses committed and all penalties or forSte. feitures or liabilities incurred prior to the passage of this Act under any statute embraced in or changed, modified, or repealed by this Act may be prosecuted or punished in the same manner and with the same effect as if this Act Limitations not had not been passed. All acts of limitation, whether applicable to civil causes and proceedings or to the prosecution of offenses or for the recovery ofp enalties or forfeitures embraced in or modified, changeseolr repealed by Suits, prosecu- this Act shall not be affected thereby; and all suits, protios, ~'* ceedings, or prosecutions, whether civil or criminal, for causes arising or acts done or committed prior to the passage of this Act, may be commenced an d prosecuted within the same time and with the same effect, except as otherwise provided in section twenty-eight of this Act, as if this Act had not been passed. That an Act entitled: Customs ad- "'An Act to simplifv the laws in relation to the collection ministration law amended, not re- of the revenues, approved June tenth, eighteen hundred pealed. and ninety, as amended by the Act of July twenty-fourth, eighteen hundred and ninety-seven, and as further amended by the Act of May twenty-seventh, nineteen hundred and eight, is not hereby repealed but amended Solicitor of cus- so as to read as in this Act provided. So much of section toms, and assistant, abolished, four of an Act entitled: "An Act making appropriations for sundry civil expenses of the Governmnent tfor the fiscal year ending June thirtieth, nineteen hundred and seven,, and for other purposes," a pproved. June thirtieth, nineteen hundred and six, as relates to the appointment of a - solicitor of customs and assistants, is here"y repealed. In effect the SEC. 42. That unless otherwise herein specially proday after passage. vided, this Act shall take effect on the day following its passage. Signed Five minutes after Five o'clock P. M. Aug. 5th, 1909. W HT. Aug. 5,1909. 'CHAP. 7.-An Act Making appropriations to supply urgent defi[H. R. 11570.) ciencies in appropriations for the fiscal year nineteen hundred and nine, [ublic, No. 6.] and for other purposes. 36Stat. L., Pt. 1,p. il5. Be it enacted by the Senate and House of Representatives clenls ropirl1: of the, United States of America in Congress assembled, That ations. the following sums be, and are hereby, appropriated, out of any money in the Treasur~y not otherwise appropriated, to supply urgent deficiencies in appropriations for the fiscal year nineteen hundred and nine, and for other purposes, namely: NONCONTIGUOUS TERRITORY AND CUBA. 875 EXECUTIVE. * * * * * To enable the President to secure information and to odmistrato assist the officers of the Government in the administration Securing Inoof the customs laws, as provided in section two of the tariff mation, etc. bill, relating to the maximum and minimum rates, seventyfive thousand dollars, to continue available during the fiscal year nineteen hundred and ten. And a detailed Statement statement of all expenditures under this provision shall be made to Congress at its next regular session. DEPARTMENT OF STATE. Foreign trade and treaty relations: For defraying the aodtreg trade necessary expenses incurred in connection with foreign tions. trade relations which come within the jurisdiction of the Expenes. Department of State, under tariff legislation and otherwise, and in the negotiation and preparation of treaties, arrangements, and agreements for the advancement of commercial and other interests of the United States, and for the maintenance of a division of far eastern affairs in Dlsion of far eastern affairs. the Department of State, including the payment of necessary employees, at the seat of government or elsewhere, to be selected, and their compensation fixed, by the Secretary of State and to be expended under his direction, fiscal year nineteen hundred and ten, one hundred thousand dollars. A detailed statement showing expenditures, in- mDetailed stat eluding salaries or rates of compensation paid, under this tures, etc. appropriation shall be reported to Congress by the Secretary of State on the first day of each regular session; and estimates for further appropriations hereunder shall Estimates. include in detail salaries or all persons to be employed and paid in the Department of State at Washington, District of Columbia. * * * * * TREASURY DEPARTMENT. * * * * * Expenses of collecting the corporation tax: For ex- Corporation penses of collecting the corporation tax authorized by Expenses of colthe Act "To provide revenue, equalize duties and encour- lectin. age the industries of the United States, and for other purposes," enacted at the first session of the Sixty-first Congress, one hundred thousand dollars, to continue available during the fiscal year nineteen hundred and ten. * * * * * 876 LAWS RELATING TO tLSUfLAi ANt MILITARY AFFAItS. DEPARTMENT OF COMMERCE AND LABOR. * * * * * CENSUS OFFICE. isBc lagents The Director of the Census may fix the compensation of ed. not to exceed twenty of the special agents provided for in section eighteen of "An Act to provide for the thirteenth and subsequent decennial censuses," approved July second, nineteen hundred and nine, at an amount QProcatio. not to exceed eight dollars per day: Provided, That such special agents shall be persons of known and tried experience in statistical worK. * * * * * RESOLUTIONS. Ap. 23, 1909. [No. 2.] Joint Resolution Making appropriations for the payment of.. Re. 45.1 certain expenses incident to the first session of the Sixty-first Congress. 2Pub. Res., No. s3 Stat. L., pt. Resolved by the Senate and House of Representatives 1, p. 182. of the United States of America in Congress assembled, fppropriations That the following sums are hereby appropriated, out lor House of Rep-' resentatives. of any money in the Treasury not otherwise appropriated, for purposes as follows: HOUSE OF REPRESENTATIVES. Stationery. For stationery for Members of the House of Representatives, Delegates from Territories, and Resident Commissioners from Porto Rico and the Philippine Islands, at one hundred and twenty-five dollars each, forty-nine thousand seven hundred and fifty dollars. * * * * * [S. J. Res. 40.1 Proposing an amendment to the Constitution of the United States. 36 Stat. L., pt. 1, p. i84. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled ncome tax. (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which, when ratified by the legislatures of three-fourths of the several States, shall be valid to all intents and purposes as a part of the Constitution: P r o p os e d "ARTICLE XVI.. The Congress shall have power to theonstitution. lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration." Deposited in Department of State July 31, 1909. NONCONTIGUOTS TERRITORY AND CUBA. Tariff Act, hide schedules, etc. Aug. 5,1909. (S. Con. Res., No. Resolved by the Senate (the House of Representatives 8.1 concurring), That the Committees on Enrolled Bills of 2, p. 2130. ' the two Houses be authorized to correct the enrolled bill Tariff Act. of the House (H. R. 1438) entitled "An Act to provide rectea revenue, equalize duties and encourage the industries of the United States, and for other purposes," by striking out the word "general" wherever it occurs in section two of said bill and inserting in lieu thereof the word "maximum," and they are further authorized to enroll paragraph 450 as follows: 450. Hides of cattle, raw or uncured, whether dry, Hides parasalted, or pickled, shall be admitted free of duty: Pro- gnrollmentauvided, That on and after October first, nineteen hundred thorized. and nine, grain, buff, and split leather shall pay a duty of seven and one-half per centum ad valorem; that all boots and shoes, made iwhoily or in chief value of leather made from cattle hides and cattle skins of whatever weight, of cattle of the bovine species, including calfskins, shall pay a duty of ten per centum ad valorem; that harness, saddles and saddlery, in sets or in parts, finished or unfinished, composed wholly or in chief value of leather, shall pay a duty of twenty per centum ad valorem. SIXTY-FIRST CONGRESS, SECOND SESSION. Feb. 25,1910. CHAP. 63.-An Act To amend section eight of an Act to provide for [H. X. 18364.] the Thirteenth and subsequent decennial censuses, approved July sec[Public, No. 63.] ond, nineteen hundred and nine. 36 Stat. L., pt. l,p. 227. Be it enacted by the Senate and House of Representatives T hi r te en t h of the United States of America in Congress assembled, That Census. section eight of an Act entitled "An Act to provide for the Thirteenth and subsequent decennial censuses," approved July second, nineteen hundred and nine, be amended to read as follows: Schedules. "SEC. 8. That the Thirteenth Census shall be restricted to inquiries relating to population, to agriculture, to manufactures, and to mines and quarries. The schedules Population, relating to population shall include for each inhabitant the name, relationship to head of family, color, sex, age, conjugal condition, place of birth, place of birth of parents, number of years in the United States, citizenship, occupation, whether or not employer or employee, and, if employee, whether or not employed at the date of enumeration and the number of months unemployed during the preceding calendar year, whether or not engaged in agriculture, school attendance, literacy, and tenure of home and whether or not a survivor of the Union or Confederate army or navy; and the name and address of each Defective, etc., blind or deaf and dumb person; and for the enumeration persons of institutions, shall include paupers, prisoners, juvenile delinquents, insane, feeble-minded, blind, deaf and dumb, and inmates of benevolent institutions. Agricultural. "The schedules relating to agriculture shall include name, color, and country of birth of occupant of each Irrigation acre- farm, tenure, acreage of farm, acreage of land under irriage d gation, acreage of woodland, and character of timber thereon, value of farm and improvements, value of farm implements, number and value of live stock on farms and ranges, number and value of domestic animals not on farms and ranges, and the acreage of crops planted and to be planted during the year of enumeration, and the acreage of crops and the quantity and value of crops and other farm products for the year ending December thirtyfirst next preceding the enumeration. Manufactures, "The schedules of inquiries relating to manufactures riea and to mines and quarries shall include the name and location of eaeh establishment; character of organization, whether individual, cooperative, or other form; character of business or kind of goods manufactured; amount of capital actually invested; number of proprietors, firm members, copartners, stockholders, and officers, and the amount of their salaries; number of employees and the amount of their wages; quantity and cost of materials used in manufactures; amount of miscellaneous expenses; 878 NONCONTIGUOUS TERRITORY AND CUBA. 879 quantity and value of products; time in operation during the census year; character and quantity of power used, and character and number of machines employed. Inquiries shall also be made as to the location and character of irrigation enterprises; quantity of land irrigated in the teprigatione arid region of the United States and in each State and terpsesadded. county in that section under state and federal laws; the price at which these lands, including water right, are obtainable; the character and value of crops produced on irrigated lands, the amount of water used per acre for said irrigation and whether it was obtainable from national, state, or private works; the location of the various projects and method of construction with facts as to their physical condition; the amount of capital invested in such Irrigation works. "The census of manufactures and of mines and quarries meratiod of enu shall relate to the year ending DecemYber thirty-first next preceding the enumeration of population and shall be confined to mines and quarries and manufacturing establishments which were in active operation during all or a portion of that year. The census of manufactures shall furthermore be confined to manufacturing establishments conducted under what is known as the factory Factory sys system, exclusive of the so-called neighborhood household and hand industries: Provided, That the census shall Ania slaugh also include an enumeration of the number of cattle, tered for food. calves, sheep, lambs, hogs, goats, and kids slaughtered for food purposes, and all hides produced, whether taken All hides pro. from animals slaughtered for food purposes or otherwise, during the year next preceding the year of the enumeration of population, irrespective of the character of the establishment in which slaughtered or produced. "The inquiry concerning manufactures shall cover the rtoin Endustry. production of turpentine and rosin, and the report concerning this industry shall show, in addition to the other facts covered by the regular schedule of manufactures, the quantity and quality of turpentine and rosin manufactured and marketed, the sources, methods, and extent of the industry. "Whenever he shall deem it expedient, the Director of ciAgent or sp the Census may charge the collection of these statistics upon special agents or upon detailed employees, to be employed without respect to locality. "The form and subdivision of inquiries necessary to iFormof iquir secure the information under the foregoing topics shall be determined by the Director of the Census." CHAP. 86.-An Act Concerning tonnage duties on vessels entering Mar. 8,1910. otherwise than by sea. [S. 4639.1 [Public, No. 78.] Be it enacted by the Senate and House of Representatives 36 stat L., pt of the United States of America in Congress assembled, That Tonnag dues. vessels entering otherwise than by sea from a foreign port vesiemnot eterat which tonnage or light-house dues or other equivalent ng by se. 380 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. tax or taxes are not imposed on vessels of the United States shall be exempt from the tonnage duty of two cents per ton, not to exceed in the aggregate ten cents per ton m any one year, prescribed by section thirty-six of the Act approved August fifth, nineteen hundred and nine, entitled "An Act to provide revenue, equalize duties, and encourage the industries of the United States, and for other purposes." Mar. 15,1910. CHAP. 96. —An Act Authorizing the Secretary of the Interior to [H. R. 21428.] make temporary withdrawals of public lands for certain purposes. (Public, No. 87.] 6 Stt. L., pt. Be it enacted by the Senate and House of Representatives ublic lands. oj the United States of America in Congress assembled, That withdrawals for to aid in carrying out the purposes of section four of the?pur1tio8A u; Act of August eighteenth, eighteen hundred and ninetyfour, entitled "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending eighteen hundred and ninety-five, and for other purposes, 'it shall be lawful for the Secretary of the Interior, upon application by the proper officer of any State or Territory to which said section applies, to withdraw temporarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application under said section, pending the investigation and survey preliminary to the filing of the maps and plats and Proation application for segregation by the State or Territory: Provided, That if the State or Territory shall not present its application for segregation and maps and plats within one year after such temporary withdrawal the lands so withdrawn shall be restored to entry as though such withdrawal had not been made. Mar. 23, 1910. CHAP. 115.-An Act Making appropriation for the support of the [H. R. 15384.] Army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No. 102.1 eleven. 36 Stat. L., pt., P. 243. (Extra pay to female nurses serving in certain noncontiguous territory. See p. 45.) Mar. 26, 1910. OHAP. 128.-An Act To amend an Act entitled "An Act to regu[H. R. 15816.1 late the immigration of aliens into the United States," approved Feb[Public, No. 107.] ruary twentieth, nineteen hundred and seven. 36 8tat. L., pt., p. 263. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Immigration. section two of the Xct entitled "An Act to regulate the immigration of aliens into the United States," approved February twentieth, nineteen hundred and seven, is hereby amended so as to read as follows: asClas9 s l "SEc. 2. That the following classes of aliens shall be Idixat, ao, excluded from admission into the United States: All idiots, imbeciles, feeble-minded persons, epileptics, insane persons, and persons who have been insane within five years previous; persons who have had two or more at NONCONTIGUOUS TERRITORY AND CUBA. tacks of insanity at any time previously; paupers; per- Paupersdissons likely to become a public charge; professional beggars; persons afflicted with tuberculosis or with a loathsome or dangerous contagious disease; persons not comprehended within any of the foregoing excluded classes who are found to be and are certified by the examining surgeon as being mentally or physically defective, such mental or physical defect being of a nature which may affect the ability of such alien to earn a living; per- Criminals, sons who have been convicted of or admit having com- rchists, etc. mitted a felony or other crime or misdemeanor involving moral turpitude; polygamists, or persons who admit their belief in the practice of polygamy; anarchists, or persons who believe in or advocate the overthrow by force or violence of the Government of the United States, or of all government, or of all forms of law, or the assassination of public officials; prostitutes, or women or girls coming into prPostitutes, the United States for the purpose of prostitution or for any other immoral purpose; persons who are supported by or receive in whole or in part the proceeds of prostitution; persons who procure or attempt to bring in prostitutes or women or girls for the purpose of prostitution or for any other immoral purpose; persons hereinafter called con- Contract labor tract laborers who have been induced or solicited to migrate to this country by offers or promises of employment or in consequence of agreements, oral, written or printed, expressed or implied, to perform labor in this country of any kind, skilled or unskilled; those who have been, within one year from the date of application for admission to the United States, deported as having been induced or solic- grAttd emlited to migrate as above described; any person whose ticket or passage is paid for with the money of another, or who is assisted by others to come, unless it is affirmatively and satisfactorily shown that such person does not belong to one of the foregoing excluded classes and that said ticket or passage was not paid for by any corporation, association, society, municipality, or foreign government, either directly or indirectly; all children under sixteen cohildre unao years of age unaccompanied by one or both of their parents, at the discretion of the Secretary of Commerce and Labor or under such regulations as he may from time to time prescribe: Provided, That nothing in this Act shall Erot'Is exclude, if otherwise admissible, persons convicted of an Political of offense purely political, not involving moral turpitude: fenes in trnProvided further, That the provisions of this section relat- sit. ing to the payments for tickets or passage by any corporation, association, society, municipality, or foreign government shall not apply to the tickets or passage of aliens in immediate and continuous transit through the United States to foreign contiguous territory: And provided Jur-er ed labother, That skilfed labor may be imported if labor of like kind unemployed can not be found in this country: And providedjurther, That the provisions of this law applicable anrodfessionl to contract labor shall not be held to exclude professional 882 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS actors, artists, lecturers, singers, ministers of any religious denomination, professors for colleges or seminaries, persons belonging to any recognized learned profession, or persons employed strictly as personal or domestic servants." Prostitutes, etc. SEC. 2. That section three of an Act entitled "An Act to regulate the immigration of aliens into the United States," approved February twentieth, nineteen hundred and seven, is hereby amended so as to read as follows: o "SEc. 3. That the importation into the United States alims for prtg Of any alien for the purpose of prostitution or for any tution, etc., for- other immoral purpose is hereby forbidden; and whoever bidrsons liable shall, directly or indirectly, import, or attempt to import, into the United States, any alien for the purpose of prostitution or for any other immoral purpose, or whoever shall hold or attempt to hold any alien for any such purpose in pursuance of such illegal importation, or whoever shall keep, maintain, control, support, employ, or harbor in any house or other place, for the purpose of prostitution or for any other immoral purpose, in pursuance of such illegal importation, any alien, shall, in every such Punishment. case be deemed guilty of a felony, and on conviction thereof be imprisoned not more than ten years and pay a Jurisdiction. fine of not more than five thousand dollars. Jurisdiction for the trial and punishment of the felonies hereinbefore set forth shall be in any district to or into which said alien is brought in pursuance of said importation by the person or persons accused, or in any district in which a violation of any of the foregoing provisions of this section occur. Deportation of Any alien who shall be found an inmate of or connected alien inmates of. houses of prosti- with the management of a house of prostitution or practution, etc. ticing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; or who is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists, protects, or promises to protect from arrest any prostitute, shall be deemed to be unlawfully within the United States and shall be deported in the manner provided by sections twenty and twenty-one of this Act. That any alien who Punishment for shall, after he has been debarred or deported in pursuance attempts to return. of the provisions of this section, attempt thereafter to return to or to enter the United States shall be deemed guilty of a misdemeanor, and shall be imprisoned for not Deportation af- more than two years. Any alien who shall be convicted ter expiration of sentence. under any of the provisions of this section shall, at the expiration of his sentence, be taken into custody and returned to the country whence he came, or of which he is a subject or a citizen in the manner provided in sections Evidence of twenty and twenty-one of this Act. In all prosecutions husband or wife i admissible. under this section the testimony of a husband or wife shall be admissible and competent evidence against a wife or husband." NONCONTIGUOUS TERRITORY AND CUBA. 383 CHAP. 134.-An Act To amend section eight hundred and ten of the Mar. 28, 1910. Revised Statutes. [H. R. 16037.] [Public, No. 110. Be it enacted by the Senate and House of Representatives, St L., pt. of the United States of America in Congress assembled, That Unied states section eight hundred and ten of the Revised Statutes be courts. amended so as to read: p. 151, amended. "SEC. 810. No grand jury shall be summoned to attend Grand juries. any circuit or district court unless one of the judges of such circuit court, or the judge of such district, in his own discretion, or upon a notification by the district attorney that such jury will be needed, orders a venire issue therefor. If the United States attorney for any district which OSend Jury alhas a city or borough containing at least three hundred cases., thousand inhabitants, shall certify in writing to the district judge, or the senior district judge of the district, or one of the judges of said circuit court, that the exigencies of the public service require it, the' judge may in his discretion also order a venire to issue for a second grand jury. Either of said courts may in term order a grand jury to be ciirdter byeither summoned at such time, and to serve such time as it may court. direct, whenever in its judgment it may be proper to do so. But nothing herein shall operate to extend beyond Time oimprs so. bey d onment before inthe time permitted by law the imprisonment before in- dictment redictment found of a person accused of a crime or offense, stricted or the time during which a person so accused may be held under recognizance before indictment found." CHAP. 143.-An Act To amend an Act entitled "An Act relating to Apr. 5, 1910. the liability of common carriers by railroad to their employees in cer- [H. R. 17263.] tain cases," approved April twenty-second, nineteen hundred and [Public, No. 117.] eight. 36 Stat. L., pt. 1, p. 291. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That roLiabilitofraan Act entitled "An Act relating to the liability of corn- riers to employmon carriers by railroad to their employees in certain cases," approved April twenty-second, nineteen hundred and eight, be amended in section six so that said section shall read: "SEC. 6. That no action shall be maintained under this Time limit of Act unless commenced within two years from the day the cause of action accrued. "Under this Act an action may be brought in a circuit Jurisdictioncourt of the United States, in the district of the residence of the defendant, or in which the cause of action arose, or in which the defendant shall be doing business at the time of commencing such action. The jurisdiction of the oncurrentO Jucourts of the United States under this Act shall be con- cou n of s tate current with that of the courts of the several States, and no case arising under this Act and brought in any state court of competent jurisdiction shall be removed to any court of the Jnited States " 28872~-S. Doc. 306, 62-2- 27 384 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC 2. That said Act be further amended by adding the following section as section nine of said Act: turvival of a " SEC. 9. That any right of action given by this Act to tions in case of death, a person suffering injury shall survive to his or her personal representative, for the benefit of the surviving widow or husband and children of such employee, and, if none, then of such employee's parents; and, if none, then of the next of kin dependent upon such employee, but in such cases there shall be only one recovery for the same injury." Apr. 9, 1910. CHAP. 152.-An Act To amend section seven'hundred and seventy[_ R. 19285.] three of the Revised Statutes. [Public, NO. 126.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That United States section seven hundred and seventy-three of the Revised courts. R. S., sec. 773, Statutes be, and the same is hereby, amended to read as p. 145, amended. follows: District attor- "SEC. 773. It.shall be the duty of the United States Returns to o- district attorneys to make and forward to the Solicitor of Treasury modi- the Treasury, for his information and the purposes of a fled. permanent record, such reports relating to suits in which the United States is a party as may be required by the Solicitor of the Treasury with the approval of the Attorney-General." Apr. 14,1910. CHAP. 160.-An Act To supplement "An Act to promote the safety [H. R. 5702.] of employees and travelers upon railroads by compelling common car[Public, No. 133.] riers engaged in interstate commerce to equip their cars with automatic 36 Stat. L., pt. couplers and continuous brakes and their locomotives with driving '1, pwheel brakes and for other purposes," and other safety appliance Acts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Ralinay safety That the provisions of this Act shall apply to every comApplication of mon carrier and every vehicle subject to the Act of March lawss second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, commonly known as the "Safety Appliance Acts." eCmmon car- SEC. 2. That on and after July first, nineteen hundred Equipment re- and eleven, it shall be unlawful for any common carrier quired after Ju bject to the provisons of this Act to haul or permit to hauled by. be hauled or used on its line any car subject to the provisions of this Act not equipped with appliances provided for in this Act, to wit: All cars must be equipped with Sill steps and secure sill steps and efficient hand brakes; all cars requirhand brakes. Ladders anding secure ladders and secure running boards shall be running board equipped with such ladders and running boards, and all cars having ladders shall also be equipped with secure and holds or hand holds or grab irons on their roofs at the tops of Proio.' such ladders: Provided, That in the loading and hauling ites.ng commod of long commodities, requiring more than one car, the NONCONTIGUOUS TERRITORY AND CUBA. 380 hand brakes may be omitted on all save one of the cars while they are thus combined for such purpose. SEC. 3. That within six months from the passage of eSitsnt ar rd this Act the Interstate Commerce Commission, after hear- quired in six ing, shall designate the number, dimensions, location, and months. manner of application of the appliances provided for by section two of this Act and section four of the Act of March second, eighteen hundred and ninety-three, and shall give notice of such designation to all common carriers subject to the provisions of this Act by such means as the commission may deem proper, and thereafter said number, location, dimensions, and manner of application as designated by said commission shall remain as the standards of equipment to be used on all cars subject to the provisions of this Act, unless changed by an order of said Interstate Commerce Commission, to be made after full hearing and for good cause shown; and failure to com- Penalty. ply with any such requirement of the Interstate Commerce Commission shall be subject to a like penalty as failure to comply with any requirement of this Act: Pro- Proviso. vided, That the Interstate Commerce Commission may, period.e d upon full hearing and for good cause, extend the period within which any common carrier shall comply with the provisions of this section with respect to the equipment of cars actually in service upon the date of the passage of this Act. Said commission is hereby given authority, Modi fing after hearing, to modify or change, and to prescribe the sdard raw standard height of draw bars and to fix the time within which such modification or change shall become effective and obligatory, and prior to the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard now fixed or the standard so prescribed, and after the time so fixed it shall be unlawful to use any car or vehicle in interstate or foreign traffic which does not comply with the standard so prescribed by the commission. SEC. 4. That any common carrier subject to this Act Penaltyfor vousing, hauling, or permitting to be used or hauled on its tio line, any car subject to the requirements of this Act not equipped as provided in this Act, shall be liable to a penalty of one hundred dollars for each and every such violation to be recovered as provided in section six of the Act oi March second, eighteen hundred and ninety-three, as amended April first, eighteen hundred and ninety-six: Provided, That where any car shall have been properly ^. defct equipped, as provided in this Act and the other Acts ve cars fornec mentioned herein, and such equipment shall have become sary repa defective or insecure while such car was being used by such carrier upon its line of railroad, such car may be hauled from the place where such equipment was first discovered to be defective or insecure to the nearest available point where such car can be repaired, without liability for the penalties imposed by section four of this Act or section six of the Act of March second, eighteen 886 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. hundred and ninety-three as amended by the Act of April first, eighteen hundred and ninety-six, if such movement is necessary to make such repairs and such repairs can not be made except at such repair point; and such movement Risk of carrier. or hauling of such car shall be at the sole risk of the carrier, and nothing in this section shall be construed to relieve such carrier from liability in any remedial action for'the death or injury of any railroad employee caused to such employee by reason of orin connection with the movement or hauling of such car with equipment which is defective or insecure or which is not maintained in accordance with the requirements of this Act and the other Acts herein referred to; and nothing in this proviso shall be construed UiN of chains to permit the hauling of defective cars by means of chains instead of drawbars, in revenue trains or in association with other cars that are commercially used, unless such Liabilit for defective cars contain live stock or "perishable" freight. hauling defective SEC. 5. That except that, within the limits specified in cpars xceptfor re the preceding section of this Act, the movement of a car with defective or insecure equipment may be made without incurring the penalty provided by the statutes, but shall in all other respects be unlawful, nothing in this Act shall be held or construed to relieve any common carrier, the Interstate Commerce Commission, or any United States attorney from any of the provisions, powers, duties, liabilities, or requirements of said Act of March second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three; and, except as aforesaid, all of the provisions, powers, duties, requirements, and liabilities of said Act of M arch second, eighteen hundred and ninety-three, as amended by the Acts of April first, eighteen hundred and ninety-six, and March second, nineteen hundred and three, shall apply to this Act. bnforcement SEC. 6. That it shall be the duty of the Interstate ommerce Com- Commerce Commission to enforce the provisions of this Act, and all powers heretofore granted to said commission are hereby extended to it for the purpose of the enforcement of this Act. Apr. 26,1910. CHAP. 191.-An Act For preventing the manufacture, sale, or [8. 6131.] transportation of adulterated or misbranded Paris greens, lead arsenates, [Public, No. 152.] and other insecticides, and also fungicides, and for regulating traffic 36 Stat. L., pt. therein, and for other purposes. 1, p. 331. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Insecticide Act, That it shall be unlawful for any person to manufacture Manufacture of within any Territory or the District of Columbia any inadulterated or secticide, Paris green, lead arsenate, or fungicide which is cel unlawful, adulterated or misbranded within the meaning of this Act; and any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor, NONCONTIGUOUS TERRITORY AND CUBA. 887 and shall, upon conviction thereof, be fined not to ex- Punishmntt or. ceed two hundred dollars for the first offense, and upon conviction for each subsequent offense be fined not to exceed three hundred dollars, or sentenced to imprisonment for not to exceed one year, or both such fine and imprisonment, in the discretion of the court. SEC. 2. That the introduction into any State or Terri- tShipmeant ntory or the District of Columbia from any other State or eign commere Territory or the District of Columbiat or from any for- prohibitd eign country, or shipment to any foreign country of any insecticide, or Paris green, or lead arsenate, or fungicide which is adulterated or misbranded within the meaning of this Act is hereby prohibited; and any person who SPpnshmentfor shall ship or deliver for shipment from any State or Ter- ery, eta ritory or the District of Columbia to any other State or Territory or the District of Columbia, or to a foreign country, or who shall receive in any State or Territory or the District of Columbia from any other State or Territory or the District of Columbia, or foreign country, and having so received, shall deliver, in original unbroken packages, for pay or otherwise, or offer to deliver, to any other person, any such article so adulterated or misbranded within the meaning of this Act, or any person who shall sell or offer for sale in the District of Columbia or any Territory of the United States any such adulterated or misbranded insecticide, or Paris green, or lead arsenate, or fungicide, or export or offer to export the same to any foreign country, shall be guilty of a misdemeanor and for such offense be fined not exceeding two hundred dollars for the first offense, and upon conviction for each subsequent offense not exceeding three hundred dollars, or be imprisoned not exceeding one year, or both, in the discretion of the court: Provided, That no article shall be Poso. deemed misbranded or adulterated within the provisions for foreign purof this Act when intended for export to any foreign coun- chasers try and prepared or packed according to the specifications or directions of the foreign purchaser; but if said articles shall be in fact sold or offered for sale for domestic use or consumption, then this proviso shall not exempt said article from the operation of any of the other provisions of this Act. SEC. 3. That the Secretary of the Treasury, the Secre- latontfomina -e tary of Agriculture, and the Secretary of Commerce and forexaminations, Labor shall make uniform rules and regulations for carry- etc ing out the provisions of this Act, including the collection and examination of specimens of insecticides, Paris greens lead arsenates, and fungicides manufactured or offered for sale in the District of Columbia or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manufactured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or which may be submitted for examination by the 888 LAWS RELATING TO INSTLAR AND MILITARY AFFAIRS. director of the experiment station of any State, Territory, or the District of Columbia (acting under the direction of the Secretary of Agriculture), or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. bEDpxamiation SEC. 4. That the examination of specimens of insectiAgicultur cides, Paris greens, lead arsenates, and fungicides shall be made in the Department of Agriculture, by such existing bureau or bureaus as may be directed by the Secretary, for the purpose of determining from such examination whether such articles are adulterated or misbranded Noted Ie adul- within the meaning of this Act; and if it shall appear from any such examination that any of such specimens are adulterated or misbranded within the meaning of this Act, the Secretary of Agriculture shall cause notice thereof to be given to the party from whom such sample was Hearings, etc. obtained. Any party so notified shall be given an opportunity to be heard, under such rules and regulations as may be prescribed as aforesaid, and if it appears that any of the provisions of this Act have been violated by such party, then the Secretary of Agriculture shall at once certify the facts to the proper United States district attorney, with a copy of the results of the analysis or the examination of such article duly authenticated by the analyst or officer making such examination, under the oath of such officer. After judgment of the court, notice shall Publication be given by publication in such manner as may be prescribed by the rules and regulations aforesaid. Por o 1tion SEC. 5. That it shall be the duty of each district attorney to whom the Secretary of Agriculture shall report any violation of this Act, or to whom any director of experiment station or agent of any State, Territory, or the District of Columbia, under authority of the Secretary of Agriculture, shall present satisfactory evidences of any such violation, to cause appropriate proceedings to be commenced and prosecuted in the proper courts of the United States, without delay, for the enforcement of the penalties as in such case herein provided. Dflinltioni. SEC. 6. That the term "insecticide" as used in this Act ect shall include any substance or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any insects which may infest vegetation, man or other animals, or households, or be present in any en"Pa.rs e vironment whatsoever. The term "Paris green" as used in this Act shall include the product sold in commerce as Paris green and chemically known as the aceto-arsenite "Lead are- of copper. The term "lead arsenate" as used in this Act shall mclude the product or products sold in commerce as lead arsenate and consisting chemically of products derived from arsenic acid (HAsO,) by replacing one or "Fuuglcide/.' more hydrogen atoms by lead. That the term "fungicide" as used in this Act shall include any substance or mixture of substances intended to be used for preventing, NONCONTIGUOUS TERRITORY AND CUBA. 389 destroying, repelling, or mitigating any and all fungi that may infest vegetation or be present in any environment whatsoever. SEC. 7. That for the purpose of this Act an article shall Adulterated arbe deemed to be adulteratedIn the case of Paris green: First, if it does not contain Paris green. at least fifty per centum of arsenious oxide; second, if it contains arsenic in water-soluble forms equivalent to more than three and one-half per centum of arsenious oxide; third, if any substance has been mixed and packed with it so as to reduce or lower or injuriously affect its quality or strength. In the case of lead arsenate: First, if it contains more Lead arsenate. than fifty per centum of water; second, if it contains total arsenic equivalent to less than twelve and one-half per centum of arsenic oxid (As205); third, if it contains arsenic in water-soluble forms equivalent to more than seventy-five one-hundredths per centum of arsenic oxid (As205); fourth, if any substances have been mixed and packed with it so as to reduce, lower, or injuriously affect its quality or strength: Provided, however, That extra Proviso. water may be added to lead arsenate (as described in this permitted. paragraph) if the resulting mixture is labeled lead arsenate and water, the percentage of extra water being plainly and correctly stated on the label. In the case of insecticides or fungicides, other than Other insecticides and fungiParis green and lead arsenate: First, if its strength orcides. purity fall below the professed standard or quality under which it is sold; second, if any substance has been substituted wholly or in part for the article; third, if any valuable constituent of the article has been wholly or in part abstracted; fourth, if it is intended for use on vegetation and shall contain any substance or substances which, although preventing, destroying, repelling, or mitigating insects, shall be injurious to such vegetation when used. SEC. 8. That the term "misbranded" as used herein Misbraded arshall apply to all insecticides, Paris greens, lead arsenates, Application of or fungicides, or articles which enter into the composition erm. of insecticides or fungicides, the package or label of which shall bear any statement, design, or device regarding such article or the ingredients or substances contained therein which shall be false or misleading in any particular, and to all insecticides, Paris greens, lead arsenates, or fungicides which are falsely branded as to the State, Territory, or country in which they are manufactured or produced. That for the purpose of this Act an article shall be deemed to be misbrandedIn the case of insecticides, Paris greens, lead arsenates, Mstleadin g and fungicides: First, if it be an imitation or offered for sale under the name of another article; second, if it be labeled or branded so as to deceive or mislead the purchaser, or if the contents of the package as originally put up shall have been removed in whole or in part and other contents shall have been placed in such package; third, 39C 0 s tto MSMAI Lfsflb ANb MIIZTAP.Y~ APPAIM if in package form, and the contents are stated in terms of weight or measure, they are not plainly and correctly stated on the outside of the package. qStaedments re In the case of insecticides (other than Paris greens and lead arsenates) and fungicides: First, if it contains arsenic in any of its combinations or in the elemental form and the total amount of arsenic present (expressed as per centum of metallic arsenic) is not stated on the label; second, if it contains arsenic in any of its combinations or in the elemental form and the amount of arsenic in water-soluble forms (expressed as per centum of metallic arsenic) is not stated on the label; third, if it consists partially or completely of an inert substance or substances which do not prevent, destroy, repel, or mitigate insects or fungi and does not have the names and percentage amounts of each and every one of such inert ingredients fnert inge- plainly and correctly stated on the label: Provided, howdients ever, rhat in lieu of naming and stating the percentage amount of each and every inert ingredient the producer may at his discretion state plainly upon the label the correct names and percentage amounts of each and every ingredient of the insecticide or fungicide having insectlcidal or fungicidal properties, and make no mention of the inert ingredients, except in so far as to state the total percentage of inert ingredients present. Peroetion of SEC. 9. That no dealer shall be prosecuted under the guaranty by provisions of this Act when he can establish a guaranty tanuacturer, signed by the wholesaler, jobber, manufacturer, or other party residing in the United States, from whom he purchased such articles, to the effect that the same is not adulterated or misbranded within the meaning of this Liability of Act, designating it. Said guaranty, to afford protection, shall contain the name and address of the party or parties making the sale of such articles to such dealer, and in such case said party or parties shall be amenable to the prosecutions, fines, and other penalties which would attach in due course to the dealer under the provisions of this Act. Original pack- SEC. 10. That any insecticide, Paris green, lead arsesei ure Jor nate, orfungicide that is adulterated or misbranded within transporting,etc., In interstate and the meaning of this Act and is being transported from one foreign corn- State, Territory, or District, to another for sale, or, having been transported, remains unloaded, unsold, or in original unbroken packages, or if it be sold or offered for sale in the District of Columbia or any Territory of the United States, or if it be imported from a foreign country for sale, shall be liable to be proceeded against in any district court of the United States within the district wherein the same is found and seized for confiscation by a process of libel for condemnation. isptosal of And if such article is condemned as being adulterated or misbranded, within the meaning of this Act, the same shall be disposed of by destruction or sale as the said court may direct, and the proceeds thereof, if sold, less the legal costs and charges, shall be paid into the Treasury of ONCOTt1OtJOtTS TEftRfRIO#tOR AIM CMBIA. 3 891 the United States, but such goods shall not be sold in any jurisdiction contrary to the provisions of this Act or the laws of that jurisdiction: Provided, however, That upon Proido. the payment of the costs of such libel proceedings and the livery to owner. execution and delivery of a good and sufficient bond to the effect that such articles shall not be sold or otherwise disposed of contrary to the provisions of this Act or the laws of any State, Territory, or District, the court may by order direct that such articles be delivered to the owner thereof. The proceedings of such libel cases shall conform, Procedure as near as may be, to the proceedings in admiralty, except that either party may demand trial by jury of any issue of fact joined in any such case, and all such proceedings shall be at the suit of and in the name of the United States. SEC. 11. That the Secretary of the Treasury shall Imported ardeliver to the Secretary of Agriculture, upon his request, Examination of from time to time, samples of insecticides, Paris greens, samples. lead arsenates, and fungicides which are being imported into the United States or offered for import, giving notice thereof to the owner or consignee, who may appear before the Secretary of Agriculture and have the right to introduce testimony; and if it appear from the examination of Exclusion if such samples that any insecticide, or Paris green, or lead adulterated, etc arsenate, or fungicide offered to be imported into the United States is adulterated or misbranded within the meaning of this Act, or is otherwise dangerous to the health of the people of the United States, or is of a kind forbidden entry into or forbidden to be sold or restricted in sale in the country in which it is made or from which it is exported, or is otherwise falsely labeled in any respect, the said article shall be refused admission, and the Secretary of the Treasury shall refuse delivery to the consignee and shall cause the destruction of any goods refused eDestruction. delivery which shall not be exported by the consignee within three months from the date of notice of such refusal under such regulations as the Secretary of the Treasury may prescribe: Provided, That the Secretary of Provisionai dethe Treasury may deliver to the consignee such goods livery to conpending examination and decision in the matter on execu- ignee. tion of a penal bond for the amount of the full invoice value of such goods, together with the duty thereon, and on refusal to return such goods for any cause to the custody of the Secretary of the Treasury, when demanded, for the purpose of excluding them from the country, or for any other purpose, said consignee shall forfeit the full amount of the bond: And provided further, That all Payment or charges for storage, cartage, and labor on goods which are charge. refused admission or delivery shall be paid by the owner or consignee, and in default of such payment shall constitute a lien against any future importation made by such owner or consignee. SEC. 12. That the term "Territory"' as used in this teonstruction o Act, shall include the District of Alaska and the insular possessions of the United States. The word "person," as used in this Act, shall be construed to import both the 392 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. plural and the singular, as the case demands, and shall mclude corporations, companies, societies, and associations. When construing and enforcing the provisions of this Act, the act, omission, or allure of any officer, agent, or other person acting for or employed by any corporation, company, society, or association, within the scope of his employment or office, shall in every case be also deemed to be the act, omission, or failure, of such corporation, company, society, or association, as well as that of the other person. Title. SEC. 13. That this Act shall be known and referred to as "The insecticide Act of 1910." In effect Jan. 1 SEC. 14. That this Act shall be in force and effect from and after the first day of January, nineteen hundred and eleven. May 6, 1910. CHAP. 199.-An Act Making appropriations for the diplomatic and [H. R. 19255.] consular service for the fiscal year ending June thirtieth, nineteen hun[Public, No. 156.] dred and eleven. 36 Stat. L., pt., p. 337. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Diplomatic and That the following sums be, and they are hereby, severriats. appro ally appropriated, in full compensation for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and eleven, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: RELIEF AND PROTECTION OF AMERICAN SEAMEN. CReliefofAmeri- Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Porto Rico, and Panama Canal Zone, and the Philippine Islands, thirty thousand dollars, or so much thereof as may be necessary, May 12,1910. CHAP. 230.-An Act Making appropriations for the service of the [H. R. 21419.] Post-Office D.partment for the fiscal year ending June thirtieth, nine[Public, No. 173.] teen hundred and eleven, and for other purposes. 36 Stat. L., pt. 1, p. 355. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Postal service That the following sums be, and they are hereby, approap propriations. priated for the service of the Post-Office Department, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: Mail bag, etc. For mail bags, metal for mail-bag attachments, cord fasteners, label cases, and material necessary for manufacture and repairing of equipment, and for incidental expenses pertaining thereto, three hundred thousand dol NONCONTIGUOUS TERRITORY AND CUBA. 393 lars: Provided, That out of this appropriation the Post- o.met or master-General is authorized to use so much of the sum, Alaskaandisland not exceeding five thousand dollars, as may be deemed posessions necessary for the purchase of material, and the manufacture in the mail-bag repair shop of such small quantities of distinctive equipment as may be required by other executive departments, and for service in Alaska, Porto Rico, Philippine Islands, Hawaii, or other island possessions, and for such special equipment for testing and for other purposes in connection with the reduction in the weight of mail equipment. CHAP. 256.-An Act Making appropriations for the Department of May 26,1910. Agriculture for the fiscal year ending June thirtieth, nineteen hundred [H. R. 18162.] and eleven. [Public, No. 190.] 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives p 416. of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and eleven, for the purposes and objects hereinafter expressed, namely: * * * * * WEATHER BUREAU. GENERAL EXPENSES, WEATHER BUREAU: For carry- Genera ex. ing into effect in the District of Columbia and elsewhere pes in the United States, in the West Indies or on adjacent coasts, in the Hawaiian Islands, and in Bermuda, the provisions of an Act approved October first, eighteen hundred and ninety, so far as they relate to the weather service transferred thereby to the Department of Agriculture, and for every expenditure requisite for and incident to the establishment, equipment, and maintenance of meteorological observation stations, including cooper- Cooperation ation with other bureaus of the Government and societies th othor and institutions of learning for the dissemination of meteorological information, as follows: BUREAU OF PLANT INDUSTRY. PURCHASE AND DISTRIBUTION OF VALUABLE.SEEDS Purhase ofrare * * - ' seeds, etc., for exProvided further, That forty-three thousand perimental tests. eight hundred and eighty dollars of which sum, or so much thereof as the Secretary of Agriculture shall direct, may be used to collect, purchase, test, propagate, and distribute rare and valuable seeds, bulbs, trees, shrubs, vines, cuttings, and plants from foreign countries or from 394 LAWiS REIATmIN TO INSULA AND MILITARY AFFAIRS. our possessions for experiments with reference to their introduction into and cultivation in this country, and same shall not be distributed generally, but shall be used for experimental tests, to be carried on with the cooperation of the agricultural experiment stations. * * * * * OFFICE OF EXPERIMENT STATIONS. Stations Hii GENERAL EXPENSES, OFFICE OF EXPERIMENT STAPorto Rico and TIONS: * * * To enable the Secretary of Agriculture Guam. to establish and maintain agricultural experiment stations in Alaska, Hawaii, Porto Rico, and the island of Guam, including the erection of buildings, the preparation, illustration, and distribution of reports and bulletins, and all other necessary expenses, ninety-nine thousand dollars, as follows: Alaska, twenty-eight thousand dollars.; Hawaii, twenty-eight thousand dollars; Porto Rico, twenty-eight thousand dollars, of which sum five thousand dollars shall be especially devoted to experiments relating to the culture of coffee; and Guam, fifteen thousand dollars; and the Secretary of Agriculture is Saet of prod- authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, Porto Rico, and the island of Guam, and to apply the money received from the sale of such products to the maintenance of said stations, and this fund shall be available until used. * * * * * June 9, lo. CHAP. 268.-An Act To amend laws for preventing collisions of [S. 7359.] vessels and to regulate equipment of certain motor boats on the naviga[Publc, No. 201.1 ble waters of the United States. 36 StaL L., pt. 1, P Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Motor at th e wordsboat" where used in this Act shall cluded include every vessel propelled by machinery and not more than sixty-five feet in length except tug boats and tow boats propelled by steam. The length shall be measured Pr". o from end to end over the deck, excluding sheer: Provided, That the engine, boiler, or other operating machinery shall be subject to inspection by the local inspectors of steam vessels, and to their approval of the design thereof, on all said motor boats, which are more than forty feet in length, and which are propelled by machinery driven by steam. cat SEC. 2. That motor boats subject to the provisions of this Act shall be divided into classes as follows: Class one. Less than twenty-six feet in length. Class two. Twenty-six feet or over and less than forty feet in length. Class three. Forty feet or over and not more than sixtyfive feet in length. NONCONTIGUOUS TERRITORY AND CUBA. 895 SEC. 3. That every motor boat in all weathers from qL11hts r* sunset to sunrise shall carry the following lights, and during such time no other. lights which may be mistaken for those prescribed shall be exhibited. (a) Every motor boat of class one shall carry the fol- Claim lowing lights: First. A white light aft to show all around the horizon. Second. A combined lantern in the fore part of the vessel and lower than the white light aft showing green to starboard and red to port, so fixed as to throw the light from right ahead to two points abaft the beam on their respective sides. (b) Every motor boat of classes two and three shall cia 2 and 3 carry the following lights: First. A bright white light in the fore part of the vessel Fom as near the stem as practicable, so constructed as to show an unbroken light over an arc of the horizon of twenty points of the compass, so fixed as to throw the light ten points on each side of the vessel, namely, from right ahead to two points abaft the beam on either side. The glass or lens shall be of not less than the following dimensions: Class two. Nineteen square inches. Class three. Thirty-one square inches. Second. A white light aft to show all around the hori- Aft zon. Third. On the starboard side a green light so con- side structed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the starboard side. On the port side a red light so constructed as to show an unbroken light over an arc of the horizon of ten points of the compass, so fixed as to throw the light from right ahead to two points abaft the beam on the port side. The glasses or lenses in the said side lights shall be of not less than the following dimensions on motor boats ofClass two. Sixteen square inches. Class three. Twenty-five square inches. On and after July first, nineteen hundred and eleven, all glasses or lenses prescribed by paragraph (b) of section three shall be fresnel or fluted. The said lights shall be fitted with inboard screens of sufficient height and so set as to prevent these lights from being seen across the bow and shall be of not less than the following dimensions on motor boats ofClass two. Eighteen inches long. Class three. Twenty-four inches long: Provided, That PTo nn. motor boats as defined in this Act, when propelled by sail sail. and machinery or under sail alone, shall carry the colored lights suitably screened but not the white lights prescribed by this section. SEC. 4. (a) Every motor boat under the provisions of soundsinas this Act shall be provided with a whistle or other soundproducing mechanical appliance capable of producing a blast of two seconds or more in duration, and in the case 396 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of such boats so provided a blast of at least two seconds shall be deemed a prolonged blast within the meaning of the law. (b) Every motor boat of class two or three shall carry an efficient fog horn. (c) Every motor boat of class two or three shall be rovided with an efficient bell, which shall be not less than eight inches across the mouth on board of vessels of class three. Lie-preservers. SEC. 5. That every motor boat subject to any of the provisions of this Act, and also all vessels propelled by machinery other than by steam more than sixty-five feet in length, shall carry either life-preservers or life belts, or buoyant cushions, or ring buoys or other device, to be prescribed by the Secretary of Commerce and Labor, sufficient to sustain afloat every person on board and so Boats carryig placed as to be readily accessible. All motor boats carryir ing passengers for hire shall carry one life-preserver of the sort prescribed by the regulations of the board of supervising inspectors for every passenger carried, and no such boat while so carrying passengers for hire shall be operated or navigated except in charge of a person duly licensed for gtrensed nvi- such service by the local board of inspectors. No examination shall be required as the condition of obtaining such a license, and any such license shall be revoked or suspended by the local board of inspectors for misconduct, gross negligence, recklessness in navigation, intemperance, or violation of law on the part of the holder, and if revoked the person holding such license shall be incapable of obtaining another such license for one year from.the date of reOther fficers. vocation: Provided, That motor boats shall not be required to carry licensed officers, except as required in this Act. Extinguishing SEC. 6. That every motor boat and also every vessel propelled by machinery other than by steam, more than sixty-five feet in length, shall carry ready for immediate use the means of promptly and effectually extinguishing burning gasoline. Penalty. SEC. 7. That a fine not exceeding one hundred dollars may be imposed for any violation of this Act. The motor boat shall be liable for the said penalty and mav be seized and proceeded against, by way of libel, in the district court of the United States for any district within which such vessel may be found. Regulatios. SEC. 8. That the Secretary of Commerce and Labor shall make such regulations as may be necessary to secure the proper execution of this Act by collectors of customs and other officers of the Government. And the Secretary of the Department of Commerce and Labor may, upon application therefor, remit or mitigate any fine, penalty, or forfeiture relating to motor boats except for failure to observe the provisions of section six of this Act. repealed. SEC. 9. 'hat all laws and parts of laws only in so far as they are in conflict herewith are hereby repealed: NONCONTIGUOUS TERRITORY AND CUBA. 397 Provided, That nothing in this act shall be deemed to Pr,,iona alter or amend Acts of Congress embodying or revising rules not affected. international rules for preventing collisions at sea. SEC. 10. That this Act shall take effect on and after I effect m 30 thirty days after its approval. CHAP. 283.-An Act To license custom-house brokers. June 10,-1910. [S. 6173.] Be it enacted by the Senate and House of Representatives Public. No. 205.1 36 Stat. L., pt. of the United States of America in Congress assembled, 1,. 46 Lpt. That the collector or chief officer of the customs at any brCustomhouse port of entry or delivery shall, upon application, issue to Licenses re any person of good moral character, being a citizen of the quired. United States a license to transact business as a customhouse broker in the collection district in which such license is issued, and on and after sixty days from the approval of this Act no person shall'transact business as a custom-house broker without a license granted in accordance with this provision; but this Act shall not be so construed as to prohibit any person from transacting business at a custom-house pertaining to his own importations. SEC. 2. That the collector or chief officer of the cus- Rlocation of toms may at any time, for good and sufficient reasons, serve notice in writing upon any custom-house broker so licensed to show cause why said license shall not be revoked, which notice shall be in the form of a statement specifically setting forth the grounds of complaint. The collector or chief officer of customs shall within ten days thereafter notify the custom-house broker in writing of a hearing to be held before him within five days upon said charges. At such hearing the custom-house broker may Hearings be represented by counsel, and all proceedings, including the proof of the charges and the answer thereto, shall be presented, with right of cross-examination to both parties, and a stenographic record of the same shall be made and a copy thereof shall be delivered to the custom-house broker. At the conclusion of such hearing the collector rearyo to S-e or chief officer of customs shall forthwith transmit all Treasury. papers and the stenographic report of the hearing, which shall constitute the record in the case, to the Secretary of the Treasury for his action. Thereupon the said Secre- DecisioL tary of the Treasury shall have the right to revoke the license of any custom-house broker, in which case formal notice shall be given such custom-house broker within ten days. SEC. 3. That any licensed custom-house broker ag-c Rview by court. grieved by the decision of the Secretary of the Treasury may, within thirty days thereafter, and not afterwards, apply to the United States circuit court for the circuit in which the collection district is situated for a review of such decision. Such application shall be made by filing Proceedings in the office of the clerk of said court a petition praying 398 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. relief in the premises. Thereupon the court shall immediately give notice in writing of such application to the Secretary of the Treasury, who shall forthwith transmit to said court the record and evidence taken in the case, together with a statement of his decision therein. The filing of such application shall operate as a stay of the Decision, revocation of the license. The matter may be brought on to be heard before the said court in the same manner as a motion, by either the United States district attorney or the attorney for the custom-house broker, and the decision of said United States circuit court for the circuit in which the collection district is situated shall be upon the merits as disclosed by the record and be final, and the proceedings remanded to the Secretary of the Treasury ior further action to be taken in accordance with the terms of the decree. Regulation. SEC. 4. That the Secretary of the Treasury shall prescribe regulations necessary or convenient for carrying this Act into effect. ndPerson" de. SEC. 5. That the word person wherever used in this Act shall include persons, copartnerships, associations, joint stock associations and corporations. June 17, 1910. CHAP. 297.-An Act Making appropriations for the legislative, [H R.. 22643.] executive, and judicial expenses of the Government for the fiscal year [Public, No. 213.] ending June thirtieth, nineteen hundred and eleven, and for other 36 Stat. L., pt. urposes. 1, p. 468. P Be it enacted by the Senate and House of Representatives Legisative,u ex of the United States of America in Congress assembled, That cial expenses ap- the following sums be, and the same are hereby, approproprations. priated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and eleven, for the objects hereinafter expressed, namely: LEGISLATIVE. * * * * * HOUSE OF REPRESENTATIVES. Pay of DRele For compensation of * * * Delegates from TerResient Commis- ritories, the Resident Commissioner from Porto Rico, and sioners the Resident Commissioners from the Philippine Islands, two million nine hundred and eighty-nine thousand five hundred dollars. * * * * * Clerk hire CLERK HIRE, * * * AND DELEGATES: To pay each rd Delegate. * * * Delegate, and Resident Commissioner for clerk hire, necessarily employed by him in the discharge of his official and representative duties, one thousand five hundred dollars per annum, in monthly installments, five hundred and ninety-eight thousand five hundred dollars, or so much thereof as may be necessary; * * * and Delegates elect to Congress whose credentials in due form of law have been duly filed with the Clerk of NONCONTIGUOUS TERRITOBY AND CUBA. 399 the House of Representatives, in accordance with the provisions of section thirty-one of the Revised Statutes R.8.,.31 p. of the United States, shall be entitled to payment under this appropriation. * * * * * CONTINGENT EXPENSES, NAMELY: * * * For sta- Stationery. tionery for * * * Delegates from Territories, and Resident Commissioners, including five thousand dollars for stationery for the use of the committees and officers of the House, fifty-four thousand seven hundred and fifty dollars. CHAP. 301.-An Act To authorize additional aids to navigation in June 17,1910. the Light-House Establishment, and to provide for a Bureau of Light- [H. R. 24877.] Houses in the Department of Commerce and Labor, and for other [Public, No. 217.j purposes. 36 Stat. L., pt. Be it enacted by the Senate and Houise of Representatives of the United States of America in Congress assembled, That Aids to naviga the Secretary of Commerce and Labor be, and he is hereby, authorized to establish and provide the following additional aids to navigation in the Light-House Establishment, under the Department of Commerce and Labor, in accordance with the respective limits of cost hereinafter respectively set forth, which shall in no case be exceeded: * * * * * THIRTEENTH LIGHT-HOUSE DISTRICT. * * * * * SEC. 11. That the commissioner of light-houses, sub- Lighthouse dioect to the approval of the Secretary of Commerce and RtearrangeLabor, as soon as practicable, shall rearrange the ocean, ment. gulf, and lake coasts and the rivers of the Lnited States, Porto Rico, and the naval station in Cuba into not exceeding nineteen light-house districts, and a light-house inspector shall be assigned in charge of each district. The InsPectorem light-house inspectors shall each receive a salary of two thousand four hundred dollars per annum, except the inspector of the third district, whose salary shall be three thousand six hundred dollars per annum. The President emporary assignment of may, for a period not exceeding three years from the tak- Army and Navy ing effect of this section, assign army and navy officers to officerm act in lieu of the appointment of civilian light-house inspectors, but such army and navy officers shall not receive any salary or compensation in addition to the salary or compensation they are entitled to as such army or navy officers: Provided, That in the districts which include Proviso. the Mississippi River and its tributaries the President for Mississipp may designate army engineers to perform the duties of River districts. and act as inspectors. The President may detail officers struction, etc. of the Engineer Corps of the United States Army.for consultation or to superintend the construction or repair of any aid to navigation authorized by Congress. * * * * $ 28872~-S. Doc. 306, 62-2 -28 400 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 18,1910. CHAP. 309.-An Act To create a commerce court, and to amend the H. R. 17536.] Act entitled "An Act to regulate commerce," approved February (Public, No. 218.1 fourth, eighteen hundred and eighty-seven, as heretofore amended, and 36 Stat. L., pt. for other purposes. 1, p. 539. Be it enacted by the Senate and House of Representatives Co er of the United States of America in Congress assembled, Cout created. e That a court of the United States is hereby created which shall be known as the commerce court and shall have the Jurisdiction. jurisdiction now possessed by circuit courts of the United States and the judges thereof over all cases of the following kinds: To enforce or- First. All cases for the enforcement, otherwise than by ders of Interstate Commerce Cor- adjudication and collection of a forfeiture or penalty or E xcep t pay-by infliction of criminal punishment, of any order of the ment of money. Interstate Commerce Commission other than for the payment of money. ordersonjitc Second. Cases brought to enjoin, set aside, annul, or sion. suspend in whole or in part any order of the Interstate Commerce Commission. uTo preventun- Third. Such cases as by section three of the Act entitled Just discriminations. "An Act to further regulate commerce with foreign nations and among the States," approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of the United States. eandamuspro- Fourth. All such mandamus proceedings as under the provisions of section twenty or section twenty-three of the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, as amended, are authorized to be maintained in a circuit court of the United States. Limitation. Nothing contained in this Act shall be construed as enlarging the jurisdiction now possessed by the circuits courts of the United States or the judges thereof, that is hereby transferred to and vested in the commerce court. clJusictionex- The jurisdiction of the commerce court over cases of cases not in- the foregoing classes shall be exclusive; but this Act shall cluded. not affect the jurisdiction now possessed by any circuit or district court of the United States over cases or proceedings of a kind not within the above-enumerated classes. Status ofouhe commerce court The cort shall be a court of record, and shall have a seal of such form and style as the court may Composition. prescribe. The said court shall be composed of five judges, to be from time to time designated and assigned thereto by the Chief Justice of the United States, from among the circuit judges of the United States, for the period of five years, except that in the first instance the court shall be composed of the five additional circuit judges to be appointed as hereinafter provided, who shall fiest perio for be designated by the President to serve for one, two, three, four, and five years, respectively, in order that the period of designation of one of the said judges shall expire Filling vacan-in each year thereafter. In case of the death, resignation, or termination of assignment of any judge so designated, the Chief Justice shall designate a circuit judge to fill the vacancy so caused and to serve during NONCONTIGUOUS TERRITORY AND CUBA. 401 the unexpired period for which the original designation was made. After the year nineteen hundred and fourteen desiugastqunt no circuit judge shall be redesignated to serve in the commerce court until the expiration of at least one year after the expiration of the period of his last previous designation. The judge first designated for the five-year period r e s i d n shall bhethe presiding judge of said court, and thereafter the judge senior in designation shall be the presiding judge. Each of the judges during the period of his service in anEextudgel the commerce court shall, on account of the regular sessions of the court being held in the city of Washington, receive in addition to his salary as circuit judge an expense allowance at the rate of one thousand five hundred dollars per annum. The President shall, by and with the advice and con- c^ Apintmeint sent of the Senate, appoint five additional circuit jud tudges cut s. no two of whom shall be from the same judicial circuit, who Assinment shall hold office during good behavior and who shall be from time to time designated and assigned by the Chief Justice of the United States for service in the circuit court for any district, or the circuit court of appeals for any circuit, or in the commerce court. The associate judges shall have precedence and shall Precedence..~. 1 and succession. succeed to the place and powers of the presiding judge whenever he may be absent or incapable of acting in the order of the date of their designations. Four of said judges shall constitute a quorum, and at least a majority couorum o of the court shall concur in all decisions. The court shall also have a clerk and a marshal, with Officia. the same duties and powers, so far as they may be appropriate and are not altered by rule of the court, as are now possessed by the clerk and marshal, respectively, of the Supreme Court of the United States. The offices ffies. of the clerk and marshal of the court shall be in the city of Washington, in the District of Columbia. The judges of the court shall appoint the clerk and marshal, ofaoin! m ant and may also appoint, if they find it necessary, a deputy clerk and deputy marshal; and such clerk, marshal, deputy clerk, and deputy marshal shall hold office during the pleasure of the court. The salary of the clerk shall Salaries, et. be four thousand dollars per annum; the salary of the marshal three thousand dollars per annum; the salary of the deputy clerk two thousand five hundred dollars per annum; and the salary of the deputy marshal two thousand five hundred dollars per annum. The said clerk and marshal may, with the approval of the court, employ all requisite assistance. The costs and fees in Costand fe said court shall be established by the court in a table thereof, approved by the Supreme Court of the United States, within four months after the organization of the court; but such costs and fees shall in no case exceed those charged in the Supreme Court of the United States, and shall be accounted for and paid into the Treasury of the United States. 402 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Court perma. The commerce court shall be always open for the transsessons In action of business. Its regular sessions shall be held WE^ara' in the city of Washington, m the District of Columbia; but the powers of the court or of any judge thereof, or of the clerk, marshal, deputy clerk, or deputy marshal out -shn may be exercised anywhere in the United States; and ton. for expedition of the work of the court and the avoidance of undue expense or inconvenience to suitors the court shall hold sessions in different parts of the United States as may be found desirable. The actual and necessary expenses of the judges, clerk, marshal, deputy clerk, and deputy marshal of the court incurred for travel and attendance elsewhere than in the city of Washington shall be paid upon the written and itemized certificate of such judge, clerk, marshal, deputy clerk, or deputy marshal by the marshal of the court, and shall be allowed to him in the statement of his accounts with the United States. Court rooms The United States marshals of the several districts outside of Washington. outside of the city of Washington in which the commerce court may hold its sessions shall provide, under the direction and with the approval of the Attorney-General of the United States, such rooms in the public buildings of the United States as may be necessary for the court's use; but in case proper rooms can not be provided in such public buildings, said marshals, with the approval of the Attorney-General of the United States, may then lease from time to time other necessary rooms for the court. Assignment oIf, at any time, the business of the commerce court Judges to other duty. does not require the services of all the judges, the Chief Justice of the United States may, by writing, signed by him and filed in the Department of Justice, terminate the assignment of any of the judges or temporarily assign him for service in any circuit court or circuit court of appeals. Tempotrary s In case of illness or other disability of any judge assigned vcande. to the commerce court the Chief Justice of the United States may assign any other circuit judge of the United States to act in his place, and may terminate such assignment when the exigence therefor shall cease; and any circuit judge so assigned to act in place of such judge shall, during his assignment, exercise all the powers and perform all the functions of such judge. Power ocourt In all cases within its jurisdiction the commerce court, and each of the judges assigned thereto, shall, respectively, have and may exercise any and all of the powers of a circuit court of the United States and of the judges of said court, respectively, so far as the same may be appropriate to the effective exercise of the jurisdiction Isauofproess. hereby conferred. The commerce court may issue all writs and process appropriate to the full exercise of its jurisdiction and powers and may prescribe the form PrOdue thereof. It may also, from time to time, establish such rules and regulations concerning pleading, practice, or procedure in cases or matters within its jurisdiction as to NONCONTIGUOUS TERRITORY AND CUtBA. 403 the court shall seem wise and proper. Its orders, writs, spar ' etc., and process may run, be served, and be returnable anywhere in the United States; and the marshal and deputy marshal of said court and also the United St.ates marshals and deputy marshals in the several districts of the United States shall have like powers and be under like duties to act for and in behalf of said court as pertain to United States marshals and deputy marshals generally when acting under like conditions concerning suits or matters in the circuits of the United States. The jurisdiction of the commerce court shall be invoked Filing of peru by filing in the office of the clerk of the court a written petition setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and specifying the relief sought. A copy of such petition shall be service 'of co forthwith served by the marshal or a deputy marshal of the commerce court or by the proper United States marshal or deputy marshal upon every defendant therein named, and when the United States is a party defendant, the service shall be made by filing a copy of said petition in the office of the Secretary of the Interstate Commerce Commission and in the Department of Justice. Within Filing of an. thirty days after the petition is served, unless that time is swer. extended by order of the court or a judge thereof an answer to the petition shall be filed in the clerk's office, and a copy thereof mailed to the petitioner's attorney, which answer shall briefly and categorically respond to the allegations of the petition. No replication need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting forth a cause of action or defense must be taken at the final hearing or by motion to dismiss the petition based on said grounds, which motion may be made at any time before answer is filed. In case no answer shall be filed as provided herein the petitioner may apply to the court on notice for such relief as Relief if no anmay be proper upon the facts alleged in the petition. The swer be filed. court may, by rule, prescribe the method of taking evi- T a k ing evidence in cases pending in said court; and may prescribe dence. that the evidence be taken before a single judge of the court, with power to rule upon the admission of evidence. Except as may be otherwise provided in this Act, or by rule practice and of the court, the practice and procedure in the commerce procedure. court shall conform as nearly as may be to that in like cases in a circuit court of the United States. The commerce court shall be opened for the transaction e n in g of of business at a date to be fixed by order of the said court, which shall be not later than thirty days after the judges thereof shall have been designated. SEc. 2. That a final judgment or decree of the corn- Appeals to sumerce court may be reviewed by the Supreme Court of prome out. the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of said final judgment or decree. Such appeal may be taken in like manner as appeals from a circuit court of the United States to the Supreme Court, and the comn 404 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. merce court may direct the original record to be transmitted on appeal instead of a transcript thereof. The Supreme Court may affirm, reverse, or modify the final judgment or decree of the commerce court as the case may require. mNost^Ylofudg- Appeal to the Supreme Court, however, shall in no case reme Court so supersede or stay the judgment or decree of the commerce court appealed from, unless the Supreme Court or a a justice thereof shall so direct, and appellant shall give bond in such form and of such amount as the Suprcne Court, or the justice of that court allowing the stay, may require. u Apels on in- appeal may also be taken to the Supreme Court of the United States from an interlocutory order or decree of the commerce court granting or continuing an injunction restraining the enforcement of an order of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Priority of ap- Appeals to the Supreme Court under this section shall have priority in hearing and determination over all other causes except criminal causes in that court. tSuits to enoin SEC. 3. That suits to enjoin, set aside, annul, or susCommissiontobe pend any order of the Interstate Commerce Commission t~t United shall be brought in the commerce court against the United States. The pendency of such suit shall not of itself stay or suspend the operation of the order of the Interstate Commerce Commission; but the commerce court, in its discretion, may restrain or suspend, in whole or in part, the operation of the commission's order pending the Tuemsi'ra ryfinal hearing and determination of the suit. No order vent irreparable or injunction so restraining or suspending an order of the damage. Interstate Commerce Commission shall be made by the commerce court otherwise than upon notice and after hearing, except that in cases where irreparable damage would otherwise ensue to the petitioner, said court, or a judge thereof may, on hearing after not less than three days' notice to the Interstate Commerce Commission Time limit. and the Attorney-General, allow a temporary stay or suspension in whole or in part of the operation of the order of the Interstate Commerce Commission for not more than sixty days from the date of the order of such court or judge, pending application to the court for its order or injunction, in which case the said order shall contain a specific finding, based upon evidence submitted to the judge making the order and identified by reference thereto, that such irreparable damage would result to the Extson. petitioner and specifying the nature of the damage. The court may, at the time of hearing such application, upon a like finding, continue the temporary stay or suspension in whole or in part until its decision upon the application. Bited otatrs SEC. 4. That all cases and proceedings in the commerce nterstate Com- court which but for this Act would be brought by or ion in s oses against the Interstate Commerce Commission shal be NONCONTIGUOUS TERRITORY AND CUBA. 405, brought by or against the United States, and the United States may intervene in anv case or proceeding in the commerce court whenever, though it has not been made a party, public interests are involved. SEC. 5. That the Attorney-General shall have charge erAttorn trea and control of the interests of the Government in all cases cases. and proceedings in the commerce court, and in the Supreme Court of the United States upon appeal from the commerce court; and if in his opinion the public interest Special attorneys, etc., to asrequires it, he may retain and employ in the name of the sist. United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the -duties incumbent upon him and his subordinate attorneys; and the Attor- Compensation. ney-General shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Promded, That the Interstate Commerce Povis of Commission and any party or parties in interest to the Commission, etc. proceeding before the commission, in which an order or requirement is made, may appear as parties thereto of their own motion and as of right, and be represented by their counsel, in any suit wherein is involved the validity of such order or requirement or any part thereof, and the interest of such party; and the court wherein is pending such suit may make all such rules and orders as to such appearance and representations, the number of counsel, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination of such suits: Provided further, That communities, asso- eParties inter ciations, corporations, firms, and individuals who are vene. interested in the controversy or question before the Interstate Commerce Commission, or in any suit which may be brought by anyone under the terms of this Act, or the Acts of which it is amendatory or which are amendatory of it, relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at any time after the institution thereof, and the Attorney-General shall not dispose of or discontinue said Rights of inter suit or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said suit or proceeding unaffected by the action or nonaction of the AttorneyGeneral of the United States therein. Complainants before the Interstate Commerce Com- ights0 of commission interested in a case shall have the right to appear pear, etc. and be made parties to the case and be represented before the courts by counsel under such regulations as are now permitted in similar circumstances under-the rules and practice of equity courts of the United States. SEC. 6. That until the opening of the commerce court Cases prior to as in section one hereof provided, all cases and proceedings 406 LAWS RELATING TO INSULAR AND MLITARY AFFAIRS. of which from that time the commerce court is hereby given exclusive jurisdiction may be brought in the same courts and conducted in like manner and with like effect Appeals, etc. as is now provided by law; and if any such case or proceeding shall have gone to final judgment or decree before the opening of the commerce court, appeal may be taken from such final judgment or decree in like manner and Pending cases with like effect as is now provided by law. Any such case or proceeding within the jurisdiction of the commerce court which may have been begun in any other court as hereby allowed before the said date shall be forthwith transferred to the commerce court, if it has not yet proceeded to final judgment or decree in such other court Exception, unless it has been finally submitted for the decision of such court, in which case the cause shall proceed in such court to final judgment or decree and further proceeding thereafter, and appeal may be taken direct to the Supreme Court, and if remanded such cause may be sent back to the court from which the appeal was taken or to Status of trans- the commerce court for further proceeding as the Supreme Court shall direct; and all previous proceedings in such transferred case shall stand and operate notwithstanding the transfer, subject to the same control over them by the commerce court and to the same right of subsequent action in the case or proceeding as if the transferred case or proceeding had been originally begun in the commerce Original papers, court. The clerk of the court from which any case or etc., to be transmitted. proceeding is so transferred to the commerce court shall transmit to and file in the commerce court the originals of all papers filed in such case or proceeding and a certified transcript of all record entries in the case or proceeding up to the time of transfer. ington to nbe des- It shall be the duty of every common carrier subject to inated by car- the provisions of this Act, within sixty days after the proerssevicef taking effect of this Act, to designate in'writing an agent in the city of Washington, District of Columbia, upon whom service of all notices and processes may be made for and on behalf of said common carrier in any proceeding or suit pending before the Interstate Commerce Commission or before said commerce court, and to file such designation in the office of the secretary of the Interstate Commerce Commission, which designation may from time to time be changed by like writing similarly filed; and thereupon service of all notices and processes may be made upon such common carrier by leaving a copy thereof with such designated agent at his office or usual place of residence in the city of Washington, with like effect as if serie din d- made personally upon such common carrier, and in detion. fault of such designation of such agent, service of any notice or other process in any proceeding before said Interstate Commerce Commission or commerce court may be made by posting such notice or process in the office of the secretary of the Interstate Commerce Commission. mtuere egUo SEC. 7. That section one of the Act entitled "An Act tions. to regulate commerce," approved February fourth, eight NONCONTIGUOUS TERRITORY AND CUBA. 407 een hundred and eighty-seven, as heretofore amended, is hereby now amended so as to read as follows: "SECTION 1. That the provisions of this Act shall apply sApplicant to any corporation or any person or persons engaged in bypipnes etc., the transportation of oil or other commodity, except Teetphte.ewater and except natural or artificial gas, by means of phone, and cable companies inpipe lines, or partly by pipe lines and partly by railroad, eluded. or partly by pipe lines and partly by water, and to telegraph, telephone, and cable companies (whether wire or wireless) engaged in sending messages from one State, Territory, or District of the United States, to any other State, Territory, or District of the United States, or to any foreign country, who shall be considered and held to be common carriers within the meaning and purpose of this Act, and to any common carrier or carriers engaged in the transportation of passengers or property wholly by Ralroad,etc. railroad (or partly by railroad and partly by water when both are used under a common control, management, or arrangement for a continuous carriage or shipment), from one State or Territory of the United States or the District of Columbia, to any other State, or Territory of the United States or the District of Columbia, or from one place in a within a Ternr Territory to another place in the same Territory, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a mForign ship foreign country to any other place in- the United States, and also to the transportation in like manner of property Transship. shipped from any place in the United States to a foreign country and carried from such place to a port of transshipment, or shipped from a foreign country to any place in the United States and carried to such place from a port of entry either in the United States or an adjacent foreign country: Provided, however, That the provisions Prhinone of this Act shall'not apply to the transportation of passen- state not ingers or property, or to the receiving, delivering, storage, luded. or handling of property wholly within one State and not shipped to or from a foreign country from or to any State or Territory as aforesaid, nor shall they apply to the transmission of messages by telephone, telegraph, or cable wholly within one State and not transmitted to or from a foreign country from or to any State or Territory as aforesaid. "The term 'common carrier' as used in this Act shall Eixress and ~ sleeping car comr. include express companies and sleeping car companies. panles. The term railroad' as used in this Act shall include all incIde brid"g bridges and ferries used or operated in connection with etc. any railroad, and also all the road in use by any corporation operating a railroad, whether owned or operated under a contract, agreement, or lease, and shall also include all switches, spurs, tracks, and terminal facilities of mstc^hlite every kind used or necessary in the transportation of the etc., also. persons or property-designated herein, and also all freight depots, yards, and grounds used or necessary in the transportation or delivery of any of said property; and the 408 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. "Troansporta term 'transportation' shall include cars and other vehicles tion" to include cars facilities for and all instrumentalities and facilities of shipment or cartoring, icng, etc. riag, irrespective of ownership or of any contract, express or implied, for the use thereof and all services in connection with the receipt, delivery, elevation, and transfer in transit, ventilation, refrigeration or icing, storage, and handling of property transported; and it shall be Carriers to fur- the duty of every carrier subject to the provisions of this ush, etc. Act to provide and furnish such transportation upon T h r ou g h reasonable request therefor, and to establish through routes. routes and just and reasonable rates applicable thereto; and to provide reasonable facilities for operating such through routes and to make reasonable rules and regulaReturn of cars, tions with respect to the exchange, interchange, and return of cars used therein, and for the operation of such through routes, and providing for reasonable compensation to those entitled thereto. Chargres o be "All charges made for any service rendered or to be Just and reasonable. rendered in the transportation of passengers or property Telegraph, etc.,. 1 * * t r r. messages. and for the transmission of messages by telegraph, telephone, or cable, as aforesaid, or in connection therewith, shall be just and reasonable; and every unjust and unreasonable charge for such service or any part thereof is Classification. prohibited and declared to be unlawful: Provided, That messages by telegraph, telephone, or cable, subject to the provisions of this Act, may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government, and such other classes as are just and reasonable, and different rates may be charged for the different classes Contracts by of messages: And provided further, That nothing in this telegraph, etc., companies with Act shall be construed to prevent telephone, telegraph, carriers. and cable companies from entering into contracts with common carriers, for the exchange of services. Classifications of property, etc. "And it is hereby made the duty of all common carriers to be just and subject to the provisions of this Act to establish, observe, reasonable. and enforce just and reasonable classifications of property for transportation, with reference to which rates, tariffs, regulations, or practices are or may be made or preRegulations. scribed, and just and reasonable regulations and practices affecting classifications, rates, or tariffs, the issuance, form, and substance of tickets, receipts, and bills of lading, the manner and method of presenting, marking, packing, Facilite f o r and delivering property for transportation, the facilities baggag, etc. for transportation, the carrying of personal, sample, and excess baggage, and all other matters relating to or con- nected with the reteiving, handling, transporting, storing, and delivery fpropery subject to the provisions of this Act whicorhnay be necpsary or proper to secure the safe and prompt receipt, handling, transportation, and delivery of property subject to the provisions of this Act Unjust e1ifi- upon just and reasonable terms, and every such unjust interstate ani for- and unreasonable classification, regulation, and practice eign commerce unlawful. with reference to commerce between the States and with foreign countries is prohibited and declared to be unlawful. NONCONTIGUOUS TERRITORY AND CUBA. 409 "No common carrier subject to the provisions of this Pr, sit etc.. Act shall, after January first, nineteen hundred and seven, directly or indirectly, issue or give any interstate free ticket, free pass, or free transportation for passengers, except to its employees and their families, its officers, agents, Exceptions surgeons, physicians, and attorneys at law; to ministers of religion, traveling secretaries of railroad Young Men's Christian Associations, inmates of hospitals and charitable and eleemosynary institutions, and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute, and homeless persons, and to such persons when transported to charitable societies or hospitals, and the necessary agents employed in such transportation; to inmates of the National Homes or State Homes for Disabled Volunteer Soldiers, and of Soldiers' and Sailors' Homes, including those about to enter and those returning home after discharge; to necessary care takers of live live stock, poultry, milk, and fruit; to employees on sleeping cars, express cars, and to linemen of telegraph and telephone companies; to Railway Mail Service employees, post-office inspectors, customs inspectors, and immigration inspectors; to newsboys on trains, baggage agents, witnesses attending any legal investigation in which the common carrier is interested, persons injured in wrecks and physicians and nurses attending such persons: Pro- Provot. vided, That this provision shall not be construed to pro- employee, fam hibit the interchange of passes for the officers, agents, and lies etc employees of common carriers, and their families; nor to prohibit any common carrier from carrying passengers free with the object of providing relief in cases of general epidemic, pestilence, or other calamitous visitation: And Epidemi,etc. Exchange of provided further, That this provision shall not be construed telegraph franks. to prohibit the privilege of passes or franks, or the exchange thereof with each other for the officers, agents, employees, and their families of such telegraph, telephone and cable linds, and the officers, agents, employees and their families of other common carriers subject to the provisions of this Act: Provided further, That the term 'em- e rsons, Inployees' as used in this paragraph shall includefurloughed, pioyees." a pensioned, and superannuated employees, persons who have become disabled or infirm in the service of any such common carrier, and the remains of a person killed in the employment of a carrier and ex-employees traveling for the purpose of entering the service of any such common carrier; and the term 'families' as used in this paragraph te"Fmili8 " ex. shall include the families of those persons named in this proviso, also the families of persons killed, and the widows during widowhood and minor children during minority of persons who died, while in the service of any such common carrier. Any common carrier violating this pro- Penalty for vio. vision shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not less than one hundred dollars nor more than two thousand dollars, and any person, other than 410 LAWS AV1LATTG TO IStAt AM MIARY AVVAIRA. the persons excepted in this provision, who uses any such interstate free ticket, free pass, or free transportation Jurisdiction. shall be subject to a like penalty. Jurisdiction of offenses under this provision shall be the same as that provided for offenses in an Act entitled 'An Act to further regulate commerce with foreign nations and among the States,' approved February nineteenth, nineteen hundred and three, Railroads not and any amendment thereof. to arry products "From and after May first, nineteen hundred and tesnd. eight, it shall be unlawful for any railroad company to transport from any State, Territory, or the District of Columbia, to any other State, Territory, or the District of Columbia, or to any foreign country, any article or comTimber ex modity, other than timber and the manufactured prodpted. ucts thereof, manufactured, mined, or produced by it, or under its authority, or which it may own in whole or in part, or in which it may have any interest, direct or indirect, except such articles or commodities as may be necessary and intended for its use in the conduct of its business as a common carrier. Switches and "Any common carrier subject to the provisions of this cars to be furnished by car- Act, upon application of any lateral, branch line of railriers. road, or of any shipper tendering interstate traffic for transportation, shall construct, maintain, and operate upon reasonable terms a switch connection with any such lateral, branch line of railroad, or private side track which may be constructed to connect with its railroad, where such connection is reasonably practicable and can be put in with safety and will furnish sufficient business to justify the construction and maintenance of the same; and shall furnish cars for the movement of such traffic to the best of its ability without discrimination in favor of or Enforcement. against any such shipper. If any common carrier shall fail to install and operate any such switch or connection as aforesaid, on application therefor in writing by any shipper or owner of such lateral, branch line of railroad, such shipper or owner of such lateral, branch line of railroad may make complaint to the commission, as provided in section thirteen of this Act, and the commission shall hear and investigate the same and shall determine as to the safety and practicability thereof and justification and reasonable compensation therefor, and the commission may make an order, as provided in section fifteen of this Act, directing the common carrier to comply with the provisions of this section in accordance with such order and such order shall be enforced as hereinafter provided for the enforcement of all other orders by the commission, other than orders for the payment of money." haus and short SEC. 8. That section four of said Act to regulate commerce be amended so as to read as follows: hgna a te5 ete " 'SEc. 4. That it shall be unlawful for any common careharfe for shorter not to exceed rier subject to the provisions of this Act to charge or reoanmerdmoute ceive any greater compensation in the aggregate for the transportation of passengers, or of like kind of property, NONCONTIGUOUS TERRITORY AND CUBA. 411 for a shorter than for a longer distance over the same line or route in the same direction, the shorter being included within the longer distance, or to charge any greater compensation as a through route than the aggregate of the intermediate rates subject to the provisions of this Act; but this shall not be construed as authorizing any corn- Nortoequa mon carrier within the terms of this Act to charge or receive as great compensation for a shorter as for a longer distance: Provided, however, That upon application to po^,, i the Interstate Commerce Commission such common car- special cas. rier may in special cases, after investigation, be authorized by the commission to charge less for longer than for shorter distances for the transportation of passengers or property; and the commission may from time to time prescribe the extent to which such designated common carrier may be relieved from the operation of this section: Provided further, That no rates or charges lawfully exist- cOnTiemPo ry ing at the time of the passage of this amendatory Act present rates. shall be required to be changed by reason of the provisions of this section prior to the expiration of six months after the passage of this Act, nor in any case where appli- foAchat Iona cation shall have been filed before the commission, in accordance with the provisions of this section, until a determination of such application by the commission. "Whenever a carrier by railroad shall in competition 'thwp etitior with a water route or routes reduce the rates on the routes. carriage of any species of freight to or from competitive du ceds8rae points, it shall not be permitted to increase such rates stricted. unless after hearing by the Interstate Commerce Commission it shall be found that such proposed increase rests upon changed conditions other than the elimination of water competition." SEC. 9. That section six of said Act to regulate corm- r^hdles of merce, as heretofore amended, is hereby now amended by rates adding four new paragraphs at the end thereof, as follows: "The commission may reject and refuse to file any ^^hedulc not schedule that is tendered for filing which does not pro-date unlawful. vide and give lawful notice of its effective date, and any schedule so rejected by the commission shall be void and its use shall be unlawful. "In case of failure or refusal on the part of any carrier, nPn11t^y for receiver, or trustee to comply with the terms of any with regulations, regulation adopted and promulgated or any order made,i5`o5j"'V' of by the commission under the provisions of this section, such carrier, receiver, or trustee shall be liable to a penalty of five hundred dollars for each such offense, and twentyfive dollars for each and every day of the continuance of such offense, which shall accrue to the United States and may be recovered in a civil action brought by the United States. "If any common carrier subject to the provisions of inaltyfotall this Ant, after written request made upon the agent of mtating rt such carrier hereinafter in this section referred to, byfor shpmet any person or company for a written statement of the 412 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. rate or charge applicable to a described shipment between stated places under the schedules or tariffs to which such carrier is a party, shall refuse or omit to give such written statement within a reasonable time, or shall misstate in writing the applicable rate, and if the person or company making such request suffers damage in consequence of such refusal or omission or in consequence of the misstatement of the rate, either through making the shipment over a line or route for which the proper rate is higher than the rate over another available line or route, or through entering into any sale or other contract whereunder such person or company obligates himself or itself to make such shipment of freight at his or its cost, then the said carrier shall be liable to a penalty of two hundred and fifty dollars, which shall accrue to the United States and may be recovered in a civil action brought by the United States. dentagme of be "It shall be the duty of every carrier by railroad to dent agent to be posted at every keep at all times conspicuously posted in every station reightstation. where freight is received for transportation the name of an agent resident in the city, village, or town where such station is located, to whom application may be made for the information by this section required to be furnished on written request; and in case any carrier shall fail at any time to have such name so posted in any station, it shall be sufficient to address such request in substantially the following form: 'The Station Agent of the Company at -- Station,' together with the name of the proper post-office, inserting the name of the carrier company and of the station in the blanks, and to serve the same by depositing the request so addressed, with postage thereon prepaid, in any post-office." Penalties. SEC. 10. That section ten of said Act to regulate commerce, as heretofore amended, be now amended so as to read as follows: iacbytion cafs "SEC. 10. That any common carrier subject to the officers, etc., a provisions of this Act, or, whenever such common carrier misdemeanor. i a corporation, any director or officer thereof, or any receiver, trustee, lessee, agent, or person acting for or employed by such corporation, who, alone or with any other corporation, company, person, or party, shall willfully do or cause to be done, or shall willingly suffer or permit to be done, any act, matter, or thing in this Act prohibited or declared to be unlawful, or who shall aid or abet therein, or shall willfully omit or fail to do any act, matter, or thing in this Act required to be done, or shall cause or willingly suffer or permit any act, matter, or thing so directed or required by this Act to be done not to be so done, or shall aid or abet any such omission or failure, or shall be guilty of any infraction of this Act for which no penalty is otherwise provided, or who shall aid or abet therein, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any district court of Penalty. the United States within the jurisdiction of which such offense was committed, be subject to a fine of not to NONCONTIGUOUS TERRITORY AND CUBA. 413 exceed five thousand dollars for each offense: Provided, Proso.T... s.~ Punishment for That if the offense for which any person shall be con-unlawful discrimvicted as aforesaid shall be an unlawful discrimination intcon in rates in rates, fares, or charges for the transportation of passengers or property, such person shall, in addition to the fine hereinbefore provided for, be liable to imprisonment in the penitentiary for a term of not exceeding two years, or both such fine and imprisonment, in the discretion of the court. "Any common carrier subject to the provisions of this issuingf raLse billing, classificaAct, or, whenever such common carrier is a corporation, tion, etc., by carany officer or agent thereof, or any person acting for or re manr.mi employed by such corporation, who, by means of false billing, false classification, false weighing, or false report of weight, or by any other device or means, shall knowingly and willfully assist, or shall willingly suffer or permit, any person or persons to obtain transportation for property at less than the regular rates then established and in force on the line of transportation of such common carrier, shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United Punishment. States of competent jurisdiction within the district in which such offense was committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term of not exceeding two years, or both, in the discretion of the court, for each offense. "Any person, corporation, or company, or any agent Attempting t or officer thereof, who shall deliver property for transpor- rates, by false tation to any common carrier subject to the provisions of billipg, etcisdb this Act, or for whom, as consignor or consignee, any such meanor. carrier shall transport property, who shall knowingly and willfully, directly or indirectly, himself or by employee, agent, officer, or otherwise, by false billing, false classification, false weighing, false representation of the contents of the package or the substance of the property, false report of weight, false statement, or by any other device or means, whether with or without the consent or connivance of the carrier, its agent, or officer, obtain or attempt to obtain transportation for such property at less than the regular rates then established and in force on the line of transportation; or who shall knowingly and Making false willfully, directly or indirectly, himself or by employee, ages, etc., intranagent, officer, or otherwise, by false statement or repre- imanor. misde sentation as to cost, value, nature, or extent of injury, or by the use of any false bill, bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, or deposition, knowing the same to be false, fictitious, or fraudulent or to contain any false, fictitious, or fraudulent statement or entry, obtain or attempt to obtain any allowance, refund, or payment for damage or otherwise in connection with or growing out of the transportation of or agreement to transport such property, whether with or without the consent or connivance of the carrier, whereby the compensation of such carrier for such transportation, either before or after payment, shall 414 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. in fact be made less than the regular rates then established and in force on the line of transportation, shall be deemed guilty of fraud, which is hereby declared to be a Punishment misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was wholly or in part committed, be subject for each offense to a fine of not exceeding five thousand dollars or imprisonment in the penitentiary for a term of not exceeding two years, or both, p iper- in the discretion of the court: Provided, That the penalty sons. of imprisonment shall not apply to artificial persons. t te m pting, If any such person, or any officer or agent of any such just discrimina- corporation or company, shall, by payment of money or bybribery, etc.,a other thing of value, solicitation, or otherwise, induce or midemeanor. attempt to induce any common carrier subject to the provisions of this Act, or any of its officers or agents, to discriminate unjustly in his, its, or their favor as against any other consignor or consignee in the transportation of property, or shall aid or abet any common carrier in any such unjust discrimination, such person or such officer or agent of such corporation or company shall be deemed guilty of a misdemeanor, and shall, upon conviction thereof in any court of the United States of competent jurisdiction within the district in which such offense was Punishment. committed, be subject to a fine of not exceeding five thousand dollars, or imprisonment in the penitentiary for a term not exceeding two years, or both, in the discretion of the court, for each offense; and such person, coractionfordam- poration, or company shall also, together with said common carrier, be liable, jointly or severally, in an action to be brought by any consignor or consignee discriminated against in any court of the United States of competent jurisdiction for all damages caused by or resulting therefrom. " Complaints for SEC 11. That section thirteen of said Act to regulate commerce be amended so as to read as follows: Flaling of cot "SEc. 13. That any person, firm, corporation, company, carriers for viola- or association, or any mercantile, agricultural, or manufactions. turing society or other organization, or any body politic or municipal organization, or any common carrier, complaining of anything done or omitted to be done by any common carrier subject to the provisions of this Act, in contravention of the provisions thereof, may apply to said commission by petition, which shall briefly state the ^otiflcation to facts; whereupon a statement of the complaint thus made shall be forwarded by the commission to such common carrier, who shall be called upon to satisfy the complaint, or to answer the same in writing, within a reasonable time, Effect of repa to be specified by the commission. If such common carrier within the time specified shall make reparation for the injury alleged to have been done, the common carrier shall be relieved of liability of the complainant only for the parInvestigation ticular violation of law thus complained of. If such carrier or carriers shall not satisfy the complaint within the time specified, or there shall appear to be any reasonable NONCONTIGUOUS TERRITORY AND CUBA. 415 ground for investigating said complaint, it shall be the duty of the commission to investigate the matters comcomplained of in such manner and by such means as it shall deem proper. "Said commission shall, in like manner and with the Cotigission to same authority and powers, investigate any complaint plaints by State forwarded by the railroad commissioner or railroad corn- its own motion mission of any State or Territory at the request of such commissioner or commission, and the Interstate Commerce Commission shall have full authority and power at any time to institute an inquiry, on its own motion, in any case and as to any matter or thing concerning which a complaint is authorized to be made, to or before said commission by any provision of this Act, or concerning which any question may arise under any of the provisions of this Act, or relating to the enforcement of any of the provisions of this Act. And the said commission shall have Enforcement of orders. the same powers and authority to proceed with any inquiry instituted on its own motion as though. it had been appealed to by complaint or petition under any of the provisions of this Act, including the power to make and enforce any order or orders in the case, or relating to the matter or thing concerning which the inquiry is had excepting orders for the payment of money. No nirect damage complaint shall at any time be dismissed because of the absence of direct damage to the complainant." SEC. 12. That section fifteen of said Act to regulate Volations commerce, as heretofore amended, is hereby now amended so as to read as follows: "SEC. 15. That whenever, after full hearing upon a Ctemmrission to complaint made as provided in section thirteen o this Act charges, classifior after full hearing under an order for investigation and njusti, diScritmi hearing made by the commission on its own initiative natory, etc. (either in extension of any pending complaint or without any complaint whatever), the commission shall be of opinion that any individual or joint rates or charges whatsoever demanded, charged, or collected by any common carrier or carriers subject to the provisions of this Act for the transportation of persons or property or for the transmission of messages by telegraph or telephone as defined in the first section of this Act, or that any individual or joint classifications, regulations, or practices whatsoever of such carrier or carriers subject to the provisions of this Act are unjust or unreasonable or unjustly discriminatory, or unduly preferential or prejudicial or otherwise in violation of any of the provisions of this Act, the commission is hereby authorized and empowered to determine and prescribe what will be the just and reasonable individual Jabustand reason or joint rate or rates, charge or charges, to be thereafter observed. observed in such case as the maximum to be charged, and what individual or joint classification, regulation, or practice is just, fair, and reasonable, to be thereafter followed, and to make an order that the carrier or carriers shall Orders to cari cease and desist from such violation to the extent to which the commission finds the same to exist, and shall 28872~-S. Doc. 306, 62-2 —29 416 LAWS IILATING TO INSULAR AND MILITARY AFFAIRS. not thereafter publish, demand, or collect any rate or charge for such transportation or transmission in excess of the maximum rate or charge so prescribed, and shall adopt the classification and shall conform to and observe Takng effectof the regulation or practice so prescribed. All orders of the orders. commission, except orders for the payment of money, shall take effect within such reasonable time, not less than thirty Continuanc days, and shall continue in force for such period of time, not exceeding two years, as shall be prescribed in the order of the commission, unless the same shall be suspended or modified or set aside by the commission, or be suspended or set aside by a court of competent jurisdicApportionment tion. Whenever the carrier or carriers, in obedience to of joint rates, etc., r p t by commission such order of the commission or otherwise, in respect to menalrbyearrieers joint rates, fares, or charges, shall fail to agree among themselves upon the apportionment or division thereof the commission may, after hearing, make a supplemental order prescribing the just and reasonable proportion of such joint rate to be received by each carrier party thereto, which order shall take effect as a part of the original order. New rates, "Whenever there shall be filed with the commission classifications etc. any schedule stating a new individual or joint rate, fare, Commission oi determine p ro- or charge, or any new individual or joint classification, priety of. or any new individual or joint regulation or practice affecting any rate, fare, or charge, the commission shall have, and it is hereby given, authority, either upon complaint or upon its own initiative without complaint, at once, and if it so orders, without answer or other formal pleading by the interested carrier or carriers, but upon reasonable notice, to enter upon a hearing concerning the propriety of such rate, fare, charge, classification, regulation, Suspension un- or practice; and pending such hearing and the decision thereon the commission upon filing with such schedule and delivering to the carrier or carriers affected thereby a statement in writing of its reasons for such suspension may suspend the operation of such schedule and defer the use of such rate, fare, charge, classification, regulation, ori practice, but not for a longer period than one hundred and twenty days beyond the time when such rate, fare, Final determi- charge, classification, regulation, or practice would othernatio, wise go into effect; and after full hearing, whether completed before or after the rate, fare, charge, classification, regulation, or practice goes into effect, the commission may make such order in reference to such rate, fare, charge, classification, regulation, or practice as would be proper in a proceeding initiated after the rate, fare, charge, classification, regulation, or practice had become effective: tPr sion. of Povided, That if any such hearing can not be concluded suspension. within the period of suspension, as above stated, the Interstate Commerce Commission may, in its discretion, extend the time of suspension for a further period not ran erinegs exceeding six months. At any hearing involving a rate since Jawuary 1, increased after January first, nineteen hundred and ten, 10 or of a rate sought to be increased after the passage of NONCONTIGUOUS TERRITORY AND CUBA. 417 this Act, the burden of proof to show that the increased rate or proposed increased rate is just and reasonable shall be upon the common carrier, and the commission shall give to the hearing and decision of such questions preference over all other questions pending before it and decide the same as speedily as possible. "The commission may also, after hearing, on a corn- Commission plaint or upon its own initiative without complaint, estab- through routes, lish through routes and joint classifications, and may jint and ates establish joint rates as the maximum to be charged and etc., on failure of may prescribe the division of such rates as hereinbefore carrers provided and the terms and conditions under which such through routes shall be operated, whenever the carriers themselves shall have refused or neglected to establish voluntarily such through routes or joint classifications or joint rates; and this provision shall apply when one of toter eonnec~i tion included. the connecting carriers is a water. line. The commission Electric roads shall not, however, establish any through route, classifi- freightecepted. cation, or rate between street electric passenger railways not engaged in the general business of transporting freight in addition to their passenger and express business and and railroads of a different character, nor shall the commission have the right to establish any route, classifica- Oater transtion, rate, fare, or charge when the transportation is eluded. wholly by water, and any transportation by water affected by this Act shall be subject to the laws and regulations applicable to transportation by water. "And in establishing such through route, the commis- tohrghceoutre sion shall not require any company, without its consent, to length of railroad. embrace in such route substantially less than the entire length of its railroad and of any intermediate railroad operated in conjunction and under a common management or control therewith which lies between the termini of such proposed through route, unless to do so would Exception. make such through route unreasonably long as compared with another practicable through route which could otherwise be established. "In all cases where at the time of delivery of property ch ip p e r ' s choice of routes to to any railroad corporation being a common carrier, for be observed. transportation subject to the provisions of this Act to any point of destination, between which and the point of such delivery for shipment two or more through routes and through rates shall have been established as in this Act provided to which through routes and through rates such carrier is a party, the person, firm, or corporation making such shipment, subject to such reasonable exceptions and regulations as the Interstate Commerce Commission shall from time to time prescribe, shall have the right to designate in writing by which of such through routes such property shall be transported to destination, and it shall thereupon be the duty of the initial carrier to bilfueadtroetch route said property and issue a through bill of lading asrequest. therefor as so directed, and to transport said property over its own line or lines and deliver the same to a connecting line or lines according to such through route, and 418 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. it shall be the duty of each of said connecting carriers to receive said property and transport it over the said line or lines and deliver the same to the next succeeding carrier or consignee according to the routing instructions in PhoiSeof con- said bill of lading: Provided, however, That the shipper peting lines. shall in all instances have the right to determine, where competing lines of railroad constitute portions of a through line or route, over which of said competing lines so constituting a portion of said through line or route his freight shall be transported. Disclosing o hi- " It shall be unlawful for any common carrier subject to formation of shipment unlawful. the provisions of this Act, or any officer, agent, or employee of such common carrier, or for any other person or corporation lawfully authorized by such common carrier to receive information therefrom, knowingly to disclose to or permit to be acquired by any person or corporation other than the shipper or consignee, without the consent of such shipper or consignee, any information concerning the nature, kind, quantity, destination, consignee, or routing of any property tendered or delivered to such common carrier for interstate transportation, which information may be used to the detriment or prejudice of such shipper or consignee, or which may improperly disclose his business transactions to a competitor; and it Receiving, un- shall also be unlawful for any person or corporation to solicit or knowingly receive any such information which xception for may be so used: Provided, That nothing in this Act shall legalprocess. be construed to prevent the giving of such information in response to any legal process issued under the authority of any state or federal court, or to any officer or agent of the Government of the United States, or of any State or Territory, in the exercise of his powers, or to any officer or other duly authorized person seeking such information for the prosecution of persons charged with or suspected Adjustmentof of o crime; or information given by a common carrier to another carrier or its duly authorized agent, for the purpose of adjusting mutual traffic accounts in the ordinary course of business of such carriers. Penalty for vio- "Any person, corporation, or association violating any of the provisions of the next preceding paragraph of this section shall be deemed guilty of a misdemeanor, and for each offense, on conviction, shall pay to the United States a penalty of not more than one thousand dollars. trallwanc for "If the owner of property transported under this Act cilities, etc., fur- directly or indirectly renders any service connected with nished by shipper. by such transportation, or furnishes any instrumentality used therein, the charge and allowance therefor shall be no Determinati on more than is just and reasonable, and the commission may, after hearing on a complaint or on its own initiative, determine what is a reasonable charge as the maximum to be paid by the carrier or carriers for the services so rendered or for the use of the instrumentality so furnished, and fix the same by appropriate order, which order shall have the same force and effect and be enforced in like manner as the orders above provided for under this section, NONCONTIGUOUS TERRITORY AND CUBA. 419 "The foregoing enumeration of powers shall not exclude Other poissp o any power which the commission would otherwise have in excluded. the making of an order under the provisions of this Act." SEC. 13. That section sixteen of said Act to regulate denforcin or* 1 1 ' 1 ders of commiscommerce, as heretofore amended, is hereby now amended sion c so as to read as follows: "SEC. 16. That if, after hearing on a complaint made Payment of as provided in section thirteen of this Act, the commission shall determine that any party complainant is entitled to an award of damages under the provisions of this Act for a violation thereof, the commission shall make an order directing the carrier to pay to the complainant the sum to which he is entitled on or before a day named. "If a carrier does not comply with an order for the Proceedings in payment of money within the time limit in such order, money be not the complainant, or any person for whose benefit such paid. order was made, may file in the circuit court of the United States for the district in which he resides or in which is located the principal operating office of the carrier, or through which the road of the carrier runs, or in any state court of general jurisdiction having jurisdiction of the parties, a petition setting forth briefly the causes for which he claims damages, and the order of the commission in the premises. Such suit in the circuit Findi"gs, et(c., court of the United States shall proceed in all respects prima facie evilike other civil suits for damages, except that on the trial dence of such suit the findings and order of the commission shall be prima facie evidence of the facts therein stated, and except that the petitioner shall not be liable for costs in the circuit court nor for costs at any subsequent stage of the proceedings unless they accrue upon his appeal. If the petitioner shall finally prevail he shall be Attorney's fee. allowed a reasonable attorney's fee, to be taxed and collected as a part of the costs of the suit. All complaints Time limit for filing complaints. for the recovery of damages shall be filed with the commission within two years from the time the cause of action accrues, and not after, and a petition for the enforcement of an order for the payment of money shall be filed in the circuit court or state court within one year from the date of the order, and not after. "In such suits all parties in whose favor the commission Joining of parmay have made an award for damages by a single order may be joined as plaintiffs, and all of the carriers parties to such order awarding such damages may be joined as defendants, and such suit may be maintained by such joint plaintiffs and against such joint defendants in any district where any one of such joint plaintiffs could maintain such suit against any one of such joint defendants; and service eseIce of proc. of process against any one of such defendants as may not be found in the district where the suit is brought may be made in any district where such defendant carrier has its principal operating office. In case of such Recoveries. joint suit the recovery, if any, may be by judgment in favor of any one of such plaintiffs, against the defendant found to be liable to such plaintiff. 420 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Service of or- "Every order of the commission shall be forthwith served upon the designated agent of the carrier in the city of Washington or in such other manner as may be provided by law. suspension of "The commission shall be authorized to suspend or modify its orders upon such notice and in such manner as it shall deem proper. compliance by "It shall be the duty of every common carrier, its agents and employees, to observe and comply with such orders so long as the same shall remain in effect. enalty for car- "Any carrier, any officer representative, or agent of a rier not obeying ofcragn orders. carrier, or any receiver, trustee, lessee, or agent of either of them, who knowingly fails or neglects to obey any order made under the provisions of section fifteen of this Act shall forfeit to the United States the sum of five thousand Continuing vio- dollars for each offense. Every distinct violation shall be lations. a separate offense, and in case of a continuing violation each day shall be deemed a separate offense. Recovery of for- "The forfeiture provided for in this Act shall be payeltures. able into the Treasury of the United States, and shall be recoverable in a civil suit in the name of the United States, brought in the district where the carrier has its principal operating office, or in any district through which the road of the carrier runs. Duties of dis- "It shall be the duty of the various district attorneys, etc arneys under the direction of the Attorney-General of the United States, to prosecute for the recovery of forfeitures. The costs and expenses of such prosecution shall be paid out of the appropriation for the expenses of the courts of the United States. Employ m e n t "The commission may employ such attorneys as it finds of attorneys, etc., by commission, necessary for proper legal aid and service of the commission or its members in the conduct of their work or for proper representation of the public interests in investigations made by it or cases or proceedings pending before it, whether at the commission's own instance or upon complaint, or to appear for and represent the commission in Expenses. any case pending in the commerce court; and the expenses of such employment shall be paid out of the appropriation for the commission. co me re r c "f any carrier fails or neglects to obey any order of the court to enforceJ If an i orders other than commission other than for the payment of money, while me n y pay- the same is in effect, the Interstate Commerce Commission or any party injured thereby, or the United States, by its Attorney-General, may apply to the commerce court for Powersofcourt. the enforcement of such order. If, after hearing, that court determines that the order was regularly made and duly served, and that the carrier is in disobedience of the same, the court shall enforce obedience to such order by a writ of injunction or other proper process, mandatory or otherwise, to restrain such carrier, its officers, agents, or representatives, from further disobedience of such order, or to enjoin upon it or them obedience to the same. copies of sched- "The copies of schedules and classifications and tariffs public records of rates, fares, and charges, and of all contracts, agree NONCONTIGUOUS TERRITORY AND CUBA. 4i1 ments, and arrangements between common carriers filed with the commission as herein provided, and the statistics, tables, and figures contained in the annual or other reports of carriers made to the commission as required under the provisions of this Act shall be preserved as public records ReceNvable m in the custody of the secretary of the commission, and evidence. shall be received as prima facie evidence of what they purport to be for the purpose of investigations by the commission and in all judicial proceedings; and copies of and Certified copies. extracts from any of said schedules, classifications, tariffs, contracts, agreements, arrangements, or reports, made public records as aforesaid, certified by the secretary, under the commission's seal, shall be received in evidence with like effect as the originals." SEC. 14. That section twenty of said Act to regulate Annual statecommerce, as heretofore amended, is hereby amended ts by striking out the following paragraph: 'Said detailed reports shall contain all the required Matter stricken statistics for the period of twelve months ending on the out. thirtieth day of June in each year, and shall be made out under oath and filed with the commission, at its office in Washington, on or before the thirtieth day of September then next following, unless additional time be granted in any case by the commission; and if any carrier, person, or corporation subject to the provisions of this Act shall fail to make and file said annual reports within the time above specified, or within the time extended by the commission for making and filing the same, or shall fail to make specific answer to any question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such parties shall forfeit to the United States the sum of one hundred dollars for each and every day it shall continue to be in default with respect thereto. The commission shall also have authority to require said carriers to file monthly reports of earnings and expenses or special reports within a specified period, and if any such carrier shall fail to file such reports within the time fixed by the commission it shall be subject to the forfeitures last above provided;" And by inserting in lieu of the paragraph so stricken out the following: "Said detailed reports shall contain all the required (AnnualrePorts statistics for the period of twelve months ending on the riod changed. thirtieth day of June in each year, or on the thirty-first day of December in each year if the commission by order substitute that period for the year ending June thirtieth, and shall be made out under oath and filed with the commission at its office in Washington within three months after the close of the year for which the report is made, unless additional time be granted in any case by the commission; and if any carrier, person, or corporation subject Penalty for to the provisions of this Act shall fail to make and'file said annual reports within the time above specified, or within the time extended by the commission, for making and filing the same, or shall fail to make specific answer to any 422 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. question authorized by the provisions of this section within thirty days from the time it is lawfully required so to do, such party shall forfeit to the United States the sum Monthly per- of one hundred dollars for each and every day it shall conodical, or special tinue to be in default with respect thereto. The comrts au.thor- mission shall also have authority by general or special orders to require said carriers, or any of them, to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matters about which the commission is authorized or required by this or any other law to inquire or to keep itself informed or which it is required to enforce; and such periodical or special reports shall be under Penalty of fail- oath whenever the commission so requires; and if any such carrier shall fail to make and file any such periodical or special report within the time fixed by the commission, it shall be subject to the forfeitures last above provided." Prior proceed- SEc. 15. That nothing in this Act contained shall undo Ings, obligations, ' etc., not im- or impair any proceedings heretofore taken by or before paired the Interstate Commerce Commission or any of the Acts of said commission; and in any cases, proceedings, or matters now pending before it, the commission may exercise any of the powers hereby conferred upon it, as would be proper in cases, proceedings, or matters hereafter initiated; and nothing in this Act conatined shall operate to release or affect any obligation, liability, penalty, or forfeiture heretofore existing against or incurred by any person, corporation, or association. Issue of stocks SEC. 16. That the President is hereby authorized to raioads by appoint a commission to investigate questions pertaining Presidento to the issuance of stocks and bonds by railroad corporaappoint commission to investi- tions, subject to the provisions of the Act to regulate comgate. merce, and the power of Congress to regulate or affect the same, and to fix the compensation of the members of such Employment commission. Said commission shall be and is hereby of experts, etc. authorized to employ experts to aid in the work of inquiry and examination, and such clerks, stenographers and Compensation. other assistants as may be necessary, which employees shall be paid such compensation as the commission may deem just and reasonable upon a certificate to be issued Details from by the chairman of the commission. The several departdepartments, etc. ments and bureaus of the Government shall detail from time to time such officials and employees and furnish such information to the commission as may be directed by the Expenses. President. For the purposes of its investigations the commission shall be authorized to incurand have paid upon the certificate of its chairman such expenses as the comProviso. mission shall deem necessary: Provided, however, That the Restriction, total expenses authorized or incurred under the provisions of this section for compensation, employees, or otherwise, shall not exceed the sum of twenty-five thousand dollars. istatosrtn. s SEc. 17. That no interlocutory injunction suspending based on alleged or restraining the enforcement, operation, or execution unconstitutional - ty of, restricted. of any statute of a State by restraining the action of any officer of such State in the enforcement or execution of NONCONTIGUOUS TERRITORY AND CUBA. 423 such statute shall be issued or granted by any justice of the supreme court, or by any circuit court of the United States, or by any judge thereof, or by any district judge acting as circuit judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit judge, or to a district judge acting as circuit judge, and shall be heard and tHeeerg before determined by three judges, of whom at least one shall be a justice of the Supreme Court of the United States or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. Whenever such application as aforesaid is presented to a justice of the Supreme Court of the United States, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, Qaliication of That one of such three judges shall be a justice of the judges. Supreme Court of the United States or a circuit judge. officials, eta Said application shall not be heard or determined before at least five days' notice of the hearing has been given to the governor and to the attorney-general of the State, and to such other persons as may be defendants in the suit: Provided, That if of opinion that irreparable loss or Temrnporardy re damage would result to the complainant unless a tem- to prevent irreporary restraining order is granted, any justice of the parabledamage Supreme Court of the United States, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall only remain in force until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon such application for an inter- recedentoas locutory injunction shall be given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be t Direct ap e a taken directly to the Supreme Court of the United States court. from the order granting or denying, after notice and hearing, an interlocutory injunction in such case. SEC. 18. That this Act shall take effect and be in force inTsixty eyset from and after the expiration of sixty days after its pas- sections 12 and sage, except as to sections twelve and sixteen, which sec-16 immediately. tions shall take effect and be in force immediately. Approved, June 18, 1910. CHAP. 379.-An Act To require apparatus and operators for radio- June 24, 1910. communication on certain ocean steamers. [ 7021.] [Public, No. 262.1 Be it enacted by the Senate and House of Representatives 136 stat. L.,pt. of the United States of America in Congress assembled, That Radio-commufrom and after the first (lay of July, nineteen hundred and nequred o n eleven, it shall be unlawful for any ocean-going steamer ocean- g ing steamers. 424 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of the United States, or of any foreign country, carrying passengers and carrying fifty or more persons, including passengers and crew, to leave or attempt to leave any port of the United States unless such steamer shall be equipped with an efficient apparatus for radio-communication, in good working order, in charge of a person skilled in the use of such apparatus, which apparatus shall be capable of transmitting and receiving messages over a distance of Prsetion at least one hundred miles, night or day: Provided, That xp the provisions of this Act shall not apply to steamers plying only between ports less than two hundred miles apart. Exchange with SEC. 2. That for the purpose of this Act apparatus for ter saions radio-communication shall not be deemed to be efficient unless the company installing it shall contract in writing to exchange, and shall, in fact, exchange, as far as may be physically practicable, to be determined by the master of the vessel, messages with shore or ship stations using other systems of radio-communication. Penalty for vio- SEC. 3. That the master or other person being in charge of any such vessel which leaves or attempts to leave any port of the United States in violation of any of the provisions of this Act shall, upon conviction, be fined in a sum not more than five thousand dollars, and any such fine shall Libel upon ves- be a lien upon such vessel, and such vessel may be libeled therefor in any district court of the United States within the jurisdiction of which such vessel shall arrive or depart, and the leaving or attempting to leave each and every port of the United States shall constitute a separate offense. Regulations. SEC. 4. That the Secretary of Commerce and Labor shall make such regulations as may be necessary to secure the proper execution of this Act by collectors of customs and other officers of the Government. June 25,1910. CHAP. 384.-An Act Making appropriations for sundry civil [H. R. 25552.] expenses of the Government for the fiscal year ending June thirtieth, [Public, No. 266.] nineteen hundred and eleven, and for other purposes. 36, Stat. L., pt. 1, p. 703. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Sundry civil ex- the following sums be, and the same are hereby, appropenses, a p p r o - "n I priations. priated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and eleven, namely: * * * * * UNDER THE TREASURY DEPARTMENT. PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. Qseurantine Quarantine service: For the maintenance and ordinary expenses, including pay of officers and employees of quarantine stations at Port Townsend and supplemental stations thereto, quarantine system of the Hawaiian Islands, and the quarantine system of Porto Rico, four hundred thousand dollars. * * * * * NONCONTIGUOUS TERRITORY AND CUBA. 425 JUDICIAL. UNITED STATES COURTS. For defraying the expenses * * * of the circuit Expw611e and district courts of the United States, including the district court in the Territory of Hawaii; * * *; of the district court of Alaska; of the circuit court of appeals; of suits and preparations for or in defense of suits in which the United States is interested; of the prosecution of offenses committed against the United States; and in the enforcement of the laws of the United States, specifically the expenses stated under the following appropriations, namely: * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. LIGHT-HOUSE ESTABLISHMENT. * * * * * Lighting of rivers: For the pay of employees other than jighting ot clerks in the offices of the light-house inspectors; and for establishing, supplying, and maintaining post lights on the * * * in Alaskan waters and Hawaiian waters; the Light-House Board being hereby authorized to lease the necessary ground for all such lights and beacons as are for temporary use or are used to point out changeable channels, and which in consequence can not be made permanent, two hundred and fifty thousand dollars. COAST AND GEODETIC SURVEY. Field expenses: For surveys and necessary resurveys Field expenses. of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States: Provided, That not more than twenty- PIsr limita five thousand dollars of this amount shall be expended on tions. the coasts of said outlying islands, seventy thousand dollars, to be immediately available; For surveys and necessary resurveys of coasts on the acifioast. Pacific Ocean under the jurisdiction of the United States: Employing, Provided, That this appropriation be available for the etc.. Filipinos. transportation to and from Manila and employment in the office at Washington of not to exceed three Filipinos at any one time, one hundred and sixty thousand dollars, to be immediately available; For continuing researches in physical hydrography Physical hrelating to harbors and bars, and for tidal and current observations on the coasts of the United States, or other coasts under the jurisdiction of the United States, six thousand four hundred dollars; For offshore soundings and examination of reported coast Pflot dangers on the coasts of the United States, and of coasts 426 LAWS RELATING TO INSITLAR AND MILITARY AFFAIRS. under the jurisdiction of the United States, and to continue the compilation of the Coast Pilot, and to make special hydrographic examinations, and including the employment of such pilots and nautical experts in the field and office as may be necessary for the same, fifteen thousand dollars; seManetic ob- For continuing magnetic observations and to establish meridian lines in connection therewith in all parts of the United States, and for making magnetic observations in other regions under the jurisdiction of the United States, including the purchase of additional magnetic instruments, and the lease of sites where necessary and the erection of temporary magnetic buildings; for continuing the line of exact levels between the Atlantic, Pacific, and Points to State Gulf coasts; for furnishing points to state surveys, to be applied as far as practicable in States where points have not been furnished; for determinations of geographical positions, and for continuing gravity observations, fifty thousand dollars. June 25 1910. CHAP. 385.-An Act Making appropriations to supply deficiencies [H. R. 26730.] in appropriations for the fiscal year nineteen hundred and ten, and for [Public, No. 267.] other purposes. 36 Stat. L., pt. 1, p. 774. (Completion of water-supply system at naval station, island of Guam. See p. 57.) June 25,1910. CHAP. 386.-An Act To establish postal savings depositories for [S. 5876.] depositing savings at interest with the security of the Government for [Public, No. 268.] repayment thereof, and for other purposes. 36 Stat. L., pt. 1, p. 814. Be it enacted by the Senate and House of Representatives Postal savings of the United States of America in Congress assembled, That depositories. Board of trus- there be, and is hereby, created a board of trustees for the tees to control. control, supervision, and administration of the postal savings depository offices designated and established under the provisions of this Act, and of the funds received as deposits at such postal savings depository offices by virtue Composition. thereof. Said board shall consist of the PostmasterGeneral, the Secretary of the Treasury, and the AttorneyGeneral, severally, acting ex officio, and shall have power eegulati ons to make all necessary and proper regulations for the receipt, transmittal, custody, deposit, investment, and repayment of the funds deposited at postal savings depository offices. toAnnulssreport lhe board of trustees shall submit a report to Congress Details. at the beginning of each regular session showing by States and Territories (for the preceding fiscal year) the number and names of post-offices receiving deposits, the aggregate amount of deposits made therein, the aggregate amount of withdrawals therefrom, the number of depositors in each, the total amount standing to the credit of all depositors at the conclusion of the year, the amount of such deposits at interest, the amount of interest received thereon, the ONCONTIGUOUS TERRITORY AND CUBA. 427 amount of interest paid thereon, the amount of deposits surrendered by depositors for bonds issued by authority of this Act, and the number and amount of unclaimed deposits. Also the amount invested in government securi- Postal service ties by the trustees, the amount of extra expense of the exs Post-Office Department and the postal service incident to the operation of the postal savings depository system, the amount of work done for the savings depository system by the Post-Office Department and postal service in the transportation of free mail, and all other facts which it may deem pertinent and proper to present. SEC. 2. That the Postmaster-General is hereby directed stamps for free mail matter. to prepare and issue special stamps of the necessary denominations for use, in lieu of penalty or franked envelopes, in the transmittal of free mail resulting from the administration of this Act. SEC. 3. That said board of trustees is hereby authorized Designation of and empowered to designate such post-offices as it may select to be postal savings depository offices, and each and every post-office so designated by order of said board is hereby declared to be a postal savings depository office within the meaning of this Act and to be authorized and required to receive deposits of funds from the public and to account for and dispose of the same, according to the provisions of this Act and the regulations made in pursuance thereof. Each postal savings depository office shall be kept open for the transaction of business during such hours as the Postmaster-General, with the approval of the board of trustees, shall direct. SEC. 4. That accounts may be opened and deposits Opening accounts. made in any postal savings depository established under Persons qualithis Act by any person of the age of ten years or over, in fied. his or her own name, and by a married woman in her own name and free from any control or interference by her husband; but no person shall at the same time have more Limitation. than one postal savings account in his or her own right. SEC. 5. That the postmaster at a postal savings deposi- Pass books, etc. tory office shall, upon the making of an application to open an account under this Act and the submission of an initial deposit, deliver to the depositor a pass book free of cost, upon which shall be written the name and signature or mark of the depositor and such other memoranla as may be necessary for purposes of identification, in which pass book entries of all deposits and withdrawals shall be made in both figures and writing: Provided, That the Postmas- P erovio. 0 Other devices. ter-General may, with the approval of the board of trustees, adopt some other device or devices in lieu of a pass book as a means of making and preserving evidence of deposits and withdrawals. SEC. 6. That at least one dollar, or a larger amount in Restrictions multiples thereof, must be deposited before an account is opened with the person depositing the same, and one dollar, or multiples thereof, may be deposited after such account has been opened, but no one shall be permitted to deposit more than one hundred dollars in any one calendar 428 LAWS RELATING 'O INSULAR AND MILITARY AFFAIRS. Provi~or small month: Provided, That in order that smaller amounts may Cards for small amounts. be accum tlated for deposit any person may purchase for ten cents from any depository office a postal savings card to which may be attached specially prepared adhesive Savingsstamps. stamps, to be known as "postal savings stamps," and Creditel on de- when the stamps so attached amount to one dollar, or a larger sum in multiples thereof, including the ten-cent postal savings card, the same may be pr(sented as a deposit for opening an account, and additions may be made to any account by means of such card and stamps in amounts of one dollar, or multiples thereof, and when a card and stamps thereto attached are accepted as a deCancellation. posit the postmaster shall immediately cancel the same. It is hereby made the duty of the Postmaster-General to Preparation of prepare such postal savings cards and postal savings cards and stamps. stamps of denominations of ten cents, and to keep them on sale at every postal savings depository oflice, and to prescribe all necessary rules and regulations for the issue, sale, and cancellation thereof. Interest on de- SEC. 7. That interest at the rate of two per centum per annum shall be allowed and entered to the credit of each depositor once in each year, the same to be computed on such basis and under such rules and regulations as the board of trustees may prescribe; but interest shall not be PrBalance im computed or allowed on fractions of a dollar: Provided, ited. That the balance to the credit of any one person shall never be allowed to exceed five hundred dollars, exclusive of accumulated interest. Withdrawals. SEC. 8. That any depositor may withdraw the whole or any part of the funds deposited to his or her credit, with the accrued interest, upon demand and under such regulations as the board of trustees may prescribe. WithdrawPayment by als shall be paid from the deposits in the State or Territory, so far as the postal funds on deposit in such State or Territory may be sufficient for the purpose, and, so far as practicable, from the deposits in the community in which caharinge for the deposit was made. No bank in which postal savings funds shall be deposited shall receive any exchange or other fees or compensation on account of the cashing or collection of any checks or the performance of any other service in connection with the postal savings depository system. positedniset SEC. 9. That postal savings funds received under the banks. provisions of this Act shall be deposited in solvent banks, whether organized under national or state laws, being subject to national or state supervision and examination, and the sums deposited shall bear interest at the rate of not qInterest re- less than two and one-fourth per centum per annum, which rate shall be uniform throughout the United States and Reserve fund. Territories thereof; but five per centum of such funds shall be withdrawn by the board of trustees and kept with the Treasurer of the United States, who shall be treasurer of the board of trustees, in lawful money as a reserve. The baSecurity from board of trustees shall take from such banks such security NONCONTIGUOUS TERRITORY AND CUBA. 429 in public bonds or other securities, supported by the taxing power, as the board may prescribe, approve, and deem sufficient and necessary to insure the safety and prompt payment of such deposits on demand. The funds distilbution of received at the postal savings depository offices in each city, town, village, and other locality shall be deposited in banks located therein (substantially in proportion to the capital and surplus of each such bank) willing to receive such deposits under the terms o~ this Act and the regulations made by authority thereof, but the amount deposited in any one bank shall at no time exceed the amount of the paid-in capital and one-half the surplus of such bank. If no such bank exist in any city, town, village, or locality, or if none where such deposits are made will receive such deposits on the terms prescribed, then such funds shall be deposited under the terms of this Act in the bank most convenient to such locality. If no such bank DrpoSits with in any State or Territory is willing to receive such deposits on the terms prescribed, then the same shall be deposited with the treasurer of the board of trustees, and shall be counted in making up the reserve of five per centum. Such funds may be withdrawn from the treasurer of said fOW payments. board of trustees and all other postal savings funds, or any part of such funds, may be at any time withdrawn from banks and savings depository offices for the repayment of postal savings depositors when required for that purpose. Not exceeding thirty per centum of the amount of such Amount to be invested in Govfunds may at any time be withdrawn by the trustees for ernment bonds. investment in bonds or other securities of the United States, it being the intent of this Act that the residue of Residue to rs such funds, amounting to sixty-five per centum thereof, shall remain on deposit in the banks in each State and Territory willing to receive the same under the terms of Disposal. this Act, and shall be a working balance and also a fund which may be withdrawn for investment in bonds or other securities of the United States, but only by direction of the President, and only when, in his judgment, the general welfare and the interests of the United States so require. Interest and profit accruing from the deposits or invest- Application of ment of postal savings funds shall be applied to the payment of interest due to postal savings depositors as hereinbefore provided, and the excess thereof, if any, shall be covered into the Treasury of the United States as a part of the postal revenue: Provided, That postal savings funds in Protis. the treasury of said board shall be subject to disposition as provided in this Act, and not otherwise: And provided Disposal of further, That the board of trustees may at any time dispose of bonds held as postal savings investments and use the proceeds to meet withdrawals of deposits by depositors. For the purposes of this Act the word "Territory," Defrntionr. as used herein, shall be held to include the District of Columbia, the District of Alaska, and Porto Rico, and the word "bank" shall be held to include savings banks and "Bank." trust companies doing a banking business. 430 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. Issue of bonds SEC. 10. That any depositor in a postal savings depository may surrender his deposit, or any part thereof, in sums of twenty dollars, forty dollars, sixty dollars, eighty dollars, one hundred dollars, and multiples of one hundred dollars and five hundred dollars, and receive in lieu of such surrendered deposits, under such regulations as may be established by the board of trustees, the amount of the surrendered deposits in United States coupon or registered bonds of the denominations of twenty dollars, forty dollars, sixty dollars, eighlty dollars, one hundred dollars, Interest rate and five hundred dollars, which bonds shall bear interest at the rate of two and one-half per centum per annum, payable semiannually, and be redeemable at the pleasure of the United States after one year from the date of their issue and payable twenty years from such date, and both ldayable in principal and interest shall be payable in United States Prowisoa. gold coin of the present standard of value: Provided, That Conditions of the bonds herein authorized shall be issued only (first) when there are outstanding bonds of the United States subject to call, in which case the proceeds of the bonds shall be applied to the redemption at par of outstanding bonds of the United States subject to call, and (second) at times when under authority of law other than that contained in this Act the Government desires to issue bonds for the purpose of replenishing the Treasury, in which case the issue of bonds under authority of this Act shall be in lieu of the issue of a like amount of bonds issuable under authority of law other than that contained in this Act: Regulations. Proided further, That the bonds authorized by this Act shall be issued by the Secretary of the Treasury under savegstfumennof such regulations as he may prescribe: And provided further, That the authority contained in section nine of this Act for the investment of postal savings funds in United States bonds shall include the authority to invest in the bonds herein authorized whenever such bonds may tExempt from be lawfully issued: And provided further, That the bonds herein authorized shall be exempt from all taxes or duties of the United States as well as from taxation in any form by or under state, municipal, or local authority: And Not receivable rovided further, That no bonds authorized by this Act for national bankp circulation. shall be receivable by the Treasurer of the United States as security for the issue of circulating notes by national banking associations. Untdtte^sf8 s SEC. 11. That whenever the trustees of the postal savbonds forsavings ings fund have in their possession funds available for investment, investment in United States bonds they may notify the Secretary of the Treasury of the amount of such funds in their hands which they desire to invest in bonds of the United States subject to call, whereupon, if there are United States bonds subject to call, the Secretary of the Treasury shall call for redemption an amount of such bonds equal to the amount of the fuAds in the hands of the trustees which the trustees desire to thus invest, and the bonds so called shall be redeemed at par with accrued interest at the Treasury of the United States on and after NONCONTIGUOUS TERRITORY AND CUBA. 431 three months from the' date of such call, and interest on the said bonds shall thereupon cease: Provided, That the Pftotrssaid bonds when redeemed shall be reissued at par to the tees of savings trustees without change in their terms as to rate of interest fund. and date of maturity: And provided further, That the redemgtion d bonds so reissued mav, in the discretion of the Secretary of the Treasury, be called for redemption from the trustees in like manner as they were originally called for redemption from their former owners whenever there are funds in the Treasury of the United States available for such redemption. SEC. 12. That postal savings depository funds shall be acparati on o ~ kept separate from other funds by postmasters and other officers and employees of the postal service, who shall be held to the same accountability under their bonds for such funds as for public moneys; and no person connected with the Post-Office Department.shall disclose to any person other than the depositor the amount of any deposits, unless directed so to do by the PostmasterGeneral. All statutes relating to the safe-keeping of and apGenerl 'aw proper accounting for postal receipts are made applicable to postal savings funds, and the Postmaster-General may bAn i itiona require postmasters, assistant postmasters, and clerks at postal saving depositories to give any additional bond he may deem necessary. SEC. 13. That additional compensation shall be allowed tCoensation postmasters at post-offices of the fourth class for the trans- postmasters. action of postal savings depository business. Such compensation shall not exceed one-fourth of one per centum on the average sum upon which interest is paid each calendar year on receipts at such post-office, and shall be paid from the postal revenues; but postmasters, assistant fPresidental ofrices excluded. postmasters, clerks, or other employees at post-offices of the presidential grade shall not receive any additional compensation for such service. SEC. 14. That the sum of one hundred thousand dollars eAppropration for expenses of esis hereby appropriated, out of any money in the Treasury tablishing, etc. not otherwise appropriated, or so much thereof as may be necessary, to enable the Postmaster-General and the board of trustees to establish postal savings depositories in accordance with the provisions of this Act, including the reimbursement of the Secretary of the Treasury for expenses incident to the preparation, issue, and registration of the bonds authorized in this Act; and the Post- Duties of postal master-General is authorized to require postmasters and other postal officers and employees to transact, in connection with their other duties, such postal savings depository business as may be necessary; and he is also Regulations, authorized to make, and with the approval of the board of trustees to promulgate, and from time to time to modify or revoke, subject to the approval of said board, such rules and regulations not in conflict with law as he may deem necessary to carry the provisions of this Act into effect. 28872~-S. Doc. 306, 62-2-30 432 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Potalc Peanl SEO. 15. That all the safeguards provided by law for applicable the protection of public moneys, and all statutes relating to the embezzlement, conversion, improper handling, retention, use, or disposal of postal and money-order funds and the punishments provided for such offenses are hereby extended and made applicable to postal savings depository funds, and all statutes relating to false returns of postal and money-order business, the forgery, counterfeiting, alteration, improper use or handling of postal and money-order blanks, forms, vouchers, accounts, and records, and the dies, plates, and engravings therefor, with the penalties provided in such statutes, are hereby extended and made applicable to postal savings depository business, and the forgery, counterfeiting, alteration, improper use or handling of postal savings depository blanks, forms, vouchers, accounts, and records, and the dies, plates, and engravings therefor. Faith olfUnited SEC. 16. That the faith of the United States is solStates pledged to payment. emnly pledged to the payment of the deposits made in postal savings depository offices, with accrued interest thereon as herein provided. Payments of SEC. 17. That the final judgment, order, or decree of der of court. any court of competent jurisdiction adjudicating any right or interest in the credit of any sums deposited by any person with a postal savings depository if the same shall not have been appealed from and the time for appeal has expired shall, upon submission to the Postmaster-General of a copy of the same, duly authenticated in the manner provided by the laws of the United States for the authentication of the records and judicial proceedings of the courts of any State or Territory or of any possession subj ect to the jurisdiction of the United States, when the same are roved or admitted within any other court within the United States, be accepted and pursued by the board of trustees as conclusive of the title, right, interest, or possession so adjudicated, and any payment of said sum in accordance with such order, judgment, or decree shall operate as a full and complete discharge of the United States from the claim or demand of any person or persons to the same. June 25,1910. CHAP. 395.-An Act To further regulate interstate and foreign [H. R. 12315.] cammerce by prohibiting the transportation therein for immoral purIPublic, No. 277.] poses of women and girls, and for other purposes. 36 Stat. L., pt. 1,p. 825. Be it enacted by the Senate and House of Representatives Wthitesl a ve of the United States of America in Congress assembled, That traffic act. of Application of the term "interstate commerce," as used in this Act, shall interstate and for-. tein commerce to include transportation from any State or Territory or the tran^ortation. District of Columbia to any other State or Territory or the District of Columbia, and the term "foreign commerce," as used in this Act, shall include transportation from any State or Territory or the District of Columbia to any foreign country and from any foreign country to any State or Territory or the District of Columbia. NONCONTIGUOUS TERRITORY AND CUBA. 433 SEC. 2. That any person who shall knowingly transport etra?.i.. or cause to be transported, or aid or assist in obtaining immoral practices transportation for, or in transporting, in interstate or for- a felony. eign commerce, or in any Territory or in the District of Columbia, any woman or girl for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose to induce, entice, or compel such woman or girl to become a prostitute or to give herself up to debauchery, or to engage in any other immoral practice; or who shall knowingly procure or obtain, or ticFurntcsh in cause to be procured or obtained, or aid or assist in pro- eluded. curing or obtaining, any ticket or tickets, or any form of transportation or evidence of the right thereto, to be used by any woman or girl in interstate or foreign commerce, or in any Territory or the District of Columbia, in going to any place for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent or purpose on the part of such person to induce, entice, or compel her to give herself up to the practice of prostitution, or to give herself up to debauchery, or any other immoral practice, whereby any such woman or girl shall be transported in interstate or foreign commerce, or in any Territory or the District of Columbia, shall be deemed guilty of a felony, and upon conviction thereof shall be Punishment. punished by a fine not exceeding five thousand dollars, or by imprisonment of not more than five years, or by both such fine and imprisonment, in the discretion of the court. SEC. 3. That any person who shall knowingly persuade, Induoing, etc ~ ' Itransportation of induce, entice, or coerce, or cause to be persuaded, in- women for immoral purposes a duced, enticed, or coerced, or aid or assist in persuading, felony. inducing, enticing, or coercing any woman or girl to go from one place to another in interstate or foreign commerce, or in any Territory or the District of Columbia, for the purpose of prostitution or debauchery, or for any other immoral purpose, or with the intent and purpose on the part of such person that such woman or girl shall engage in the practice of prostitution or debauchery, or any other immoral practice, whether with or without her consent, and who shall thereby knowingly cause or aid or assist in causing such woman or girl to go and to be carried or transported as a passenger upon the line or route of any common carrier or carriers in interstate or foreign commerce, or any Territory or the District of Columbia, shall be deemed guilty of a felony and on conviction Punishment. thereof shall be punished by a fine of not more than five thousand dollars, or by imprisonment for a term not exceeding five years, or by both such fine and imprisonment, in the discretion of the court. SEC. 4. That any person who shall knowingly persuade, inrtt, transinduce, entice, or coerce any woman or girl under the age portation of feof eighteen years from any State or Territory or the Dis- for immo ractrict of Columbia to any other State or Territory or the tices a felony. District of Columbia, with the purpose and intent to induce or coerce her, or that she shall be induced or coerced 434 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to engage in prostitution or debauchery, or any other immoral practice, and shall in furtherance of such purpose knowingly induce or cause her to go and to be carried or transported as a passenger in interstate commerce upon the line or route of any common carrier or carriers, shall Punishment be deemed guilty of a felony, and on conviction thereof shall be punished by a fine of not more than ten thousand dollars, or by imprisonment for a term not exceeding ten years, or by both such fine and imprisonment, in the discretion of the court. Jurisdiction of SEC. 5. That any violation of any of the above sections two, three, and four shall be prosecuted in any court having jurisdiction of crimes within the district in which said violation was committed, or from, through, or into which any such woman or girl may have been carried or transported as a passenger in interstate or foreign commerce, or m any Territory or the District of Columbia, contrary to the provisions of any of said sections. Alien prosti- SEC. 6. That for the purpose of regulating and preventInfor ma t io n ing the transportation in foreign commerce of alien women bureau established. a and girls for purposes of prostitution and debauchery, and in pursuance of and for the purpose of carrying out the terms of the agreement or project of arrangement for the suppression of the white-slave traffic, adopted July twenty-fifth, nineteen hundred and two, for submission to their respective governments by the delegates of various powers represented at the Paris conference and confirmed by a formal agreement signed at Paris on May eighteenth, nineteen hundred and four, and adhered to by the United States on June sixth, nineteen hundred and eight, as shown by the proclamation of the President of the United cAuthoityneof States, dated June fifteenth, nineteen hundred and eight, General of Immi- the Commissioner-General of Immigration is hereby desgration. ignated as the authority of the United States to receive and centralize information concerning the procuration of alien women and girls with a view to their debauchery, and to exercise supervision over such alien women and girls, receive their declarations, establish their identity, and ascertain from them who induced them to leave their native countries, respectively; and it shall be the duty of qStemend" re- said Commissioner-General of Immigration to receive and keep on file in his office the statements and declarations which may be made by such alien women and girls, and those which are hereinafter required pertaining to such alien women and girls engaged in prostitution or debauchery in this country, and to furnish receipts for such statements and declarations provided for in this act to the persons, respectively, making and filing them. alien inmates to Every person who shall keep, maintain, control, supbe made by keep-port, or harbor in any house or place for the purpose of prosUtuti8 o prostitution, or for any other immoral purpose, any alien woman or girl within three years after she shall have entered the nited States from any country, party to the said arrangement for the suppression of the white-slave NONCONTIGUOUS TERRITORY AND CUBA. 435 traffic, shall file with the Commissioner-General of Immigration a statement in writing setting forth the name of such alien woman or girl, the place at which she is kept, and all facts as to the date of her entry into the United States, the port through which she entered, her age, nationality, and parentage, and concerning her procuration to come to this country within the knowledge of such person, and any person who shall fail within thirty days sFailue to file statement a misafter such person shall commence to keep, maintain, con- demeanor. trol, support, or harbor in any house or place for the purpose of prostitution, or for any other immoral purpose, any alien woman or girl within three years after she shall have entered the United States from any of the countries, party to the said arrangement for the suppression of the white-slave traffic, to file such statement concerning such alien woman or girl with the Commissioner-General of Immigration, or who shall knowingly and willfully state falsely or fail to disclose in such statement any fact within his knowledge or belief with reference to the age, nationality, or parentage of any such alien woman or girl, or concerning her procuration to come to this country, shall be deemed guilty of a misdemeanor, and on conviction Punishment shall be punished by a fine of not more than two thousand dollars, or by imprisonment for a term not exceeding two years, or by both such fine and imprisonment, in the discretion of the court. In any prosecution brought under this section, if it Presunmption if statement not on appear that any such statement required is not on file in file. the office of the Commissioner-General of Immigration, the person whose duty it shall be to file such statement shall be presumed to have failed to file said statement, as herein required, unless such person or persons shall prove otherwise. No person shall be excused from furnishing the statement, as required by this section, on the ground or for the reason that the statement so required by him, or the information therein contained, might tend to criminate him or subject him to a penalty or forfeiture, but no person shall be prosecuted or subjected to any Immunity for xtruthful st a t epenalty of forfeiture under any law of the United States ments. for or on account of any transaction, matter, or thing, concerning which he may truthfully report in such statement, as required by the provisions of this section. SEC. 7. That the term 'Territory," as used in this Act, Alaska, insular possessions, an d shall include the district of Alaska, the insular possessions Canal Zone inof the United States, and the Canal Zone. The word ludedin"Terri"person," as used in this Act, shall be construed to "ersonso," import both the plural and the singular, as the case demands, and shall include corporations, companies, societies, and associations. When construing and enforc- tCorpeorations *A etc., responsible ing the provisions of this Act, the act, omission, or failure for agents, etc. of any officer, agent, or other person, acting for or employed by any other person or by any corporation, company, society, or association within the scope of his employment or office, shall in every case be also deemed to be 436 LAWS ELATING TO INSULAR AND MILITARY AFFAIRS. the act, omission, or failure of such other person, or of such company, corporation, society, or association, as well as that of the person himself. Title SEC. 8. That this Act shall be known and referred to as the "White-slave traffic Act." June 25,1910. CHAP. 401.-An Act To amend section thirteen of an Act entitled [H. R. 16871.] "An Act to establish a Bureau of Immigration and Naturalization, and [Public, No. 283.. to provide for a uniform rule for the naturalization of aliens throughout 36 Stat. L., pt. United States," and for other naturalization purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Immigration. That section thirteen of the Act approved June twentyance to clerks of ninth, nineteen hundred and six, entitled "An Act to courts. establish a Bureau of mmigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," is hereby amended by striking out the last sentence of the section, which reads as follows: "And in case the clerk of any court collects fees in excess of the sum of six thousand dollars in any one year, the Secretary of Commerce and Labor may allow to such clerk from the money which the United States shall receive additional compensation for the employment of additional clerical assistance, but for no other purpose, if in the opinion of the said Secretary the business of such clerk warrants such allowance," and inserting in lieu thereof the following: Clerksofcourts.al "And in case the clerk of any court exercising naturalilowed to addi- zation jurisdiction collects fees in excess of the sum of tional naturaliza six thousand dollars in any fiscal year the Secretary of Commerce and Labor may allow salaries, for naturalization purposes only, to pay for clerical assistance, to be selected and employed by that clerk, additional to the clerical force, for which clerks of courts are required by this section to pay from fees received by such clerks in naturalization proceedings, if in the opinion of said Secretary the naturalization business of such clerk warrants Provi8o further additional assistance: Provided, That in no event shall the whole amount allowed the clerk of a court and his assistants exceed the one-half of the gross receipts of the office of said clerk from naturalization fees during bentinuance at such fiscal year: Provided further, That when, at the year. close of any fiscal year, the business of such clerk of court indicates in the opinion of the Secretary of Commerce and Labor that the naturalization fees for the succeeding fiscal year will exceed six thousand dollars the Secretary of Commerce and Labor may authorize the continuance of the allowance of salaries for the additional clerical assistance herein provided for and employed on the last day of the fiscal year until such time as the remittances indicate in the opinion of said Secretary that the fees for the then current fiscal year will not be suffi NONCONTIGUOUS TERRITORY AND CUBA. 43q cient to allow the additional clerical assistance authorized by this Act. "That payment for the additional clerical assistance Mtde of payherein authorized shall be in the manner and under such regulations as the Secretary of Commerce and Labor may prescribe." SEC. 2. That the Secretary of Commerce and Labor is Payment for hereby authorized to make requisition on the Treasurer September 27, of the United States for such amount as may be necessary 9 to June 30, in his opinion to pay the clerks of the several courts exercising jurisdiction under section three of the Act of June twenty-ninth, nineteen hundred and six (Thirtyfourth Statutes, page five hundred and ninety-six), for any additional clerical assistance employed by them during the period from September twenty-seventh, nineteen hundred and six, to June thirtieth, nineteen hundred and seven, inclusive, if in the opinion of said Secretary the business of such clerks, during the aforesaid period, warranted any allowance for such additional clerical assistance: Provided, That no allowance shall be made by Provis. said Secretary to any clerk for additional clerical assistance who has not collected fees in naturalization proceedings in excess of the sum of four thousand five hundred dollars during the period from September twentyseventh, nineteen hundred and six, to June thirtieth, nineteen hundred and seven, inclusive, and that the total salaries of such additional clerical assistance shall in no instance exceed the fees received by the United States from the clerk of that court during the period from September twenty-seventh, nineteen hundred and six, to June thirtieth, nineteen hundred and seven, inclusive. Such amount as may be necessary to pay the additional clerical assistance herein provided for, not exceeding two two thousand dollars, is hereby appropriated from any Appropriation. moneys in the Treasury of the United States not otherwise appropriated: Provided, That payment for the cleri- Regulation cal assistance herein provided for shall be in the manner and under such regulations as the Secretary of Commerce and Labor may prescribe: Provided further, That Limit. no moneys shall be paid to any clerk in excess of the aggregate of the sums paid out by him. SEC. 3. That paragraph two of section four of an Act citiznsp for entitled "An Act to establish a Bureau of Immigration and Naturalization, and to provide for a uniform rule for the naturalization of aliens throughout the United States," approved June twenty-ninth, nineteen hundred and six, be amended by adding after the proviso in paragraph two of section four of said Act the following: "Provided further, That any person belonging to theral ofnpapers class of persons authorized and qualified under existing without declaralaw to become a citizen of the United States who has tin cer tai resided constantly in the United States during a period of five years next preceding May first, nineteen hundred and ten, who, because of misinformation in regard to his 4388 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. citizenship or the requirements of the law governing the naturalization of citizens has labored and acted under the impression that he was or could become a citizen of the United States and has in good faith exercised the rights or duties of a citizen or intended citizen of the United States because of such wrongful information and belief may, upon making a showing of such facts satisfactory to a court having jurisdiction to issue papers of naturalization to an alien, and the court in its judgment believes that such person has been for a period of more than five years entitled upon proper proceedings to be naturalized as a citizen of the United States, receive from the said court a final certificate of naturalization, and said court may issue such certificate without requiring proof of former declaration by or on the part of such person of their intention to become a citizen of the United States, but such applicant for naturalization shall comply in all other respects with the law relative to the issuance of final papers of naturalization to aliens." Approved, June 25, 1910. June 25,1910. CHAP. 402.-An Act To amend section forty-four hundred and [H. R. 16877.] twenty-one of the Revised Statutes of the United States, as amended by (Public, No. 284.] Act of June eleventh, nineteen hundred and six. 36 Stat. L., pt. 1, p. 831. Steamboat- In- Be it enacted by the Senate and House of Representatives spection Service. a}, - ' 1 1. A * * ^ - 7 7 inspection cer- of the United States of America in Congress assembled, tificates. That section forty-four hundred and twenty-one of the Revised Statutes of the United States, as amended by Act of June eleventh, nineteen hundred and six, be, and it is hereby, further amended, so as to read as follows, to wit: Certificates of "SEC. 4421. When the inspection of a steam vessel is.S", sec. 4421, completed and the inspectors approve the vessel and her p. 857, amended. equipment throughout, they shall make and subscribe a certificate to the collector or other chief officer of the customs of the district in which such inspection has been made, in accordance with the form and regulations prescribed by the board of supervising inspectors. Such certificate shall be verified by the oaths of inspectors signing it, before the chief officer of the customs of the district or any other person competent by law to administer oaths. If the inspectors refuse to grant a certificate of approval, they shall make a statement in writing, and sign the same, tiemlorary cer- giving the reasons for their disapproval. Upon such inspection and approval the inspectors shall also make and subscribe a temporary certificate, which shall set forth substantially the fact of such inspection and approval, and shall deliver the same to the master or owner of the vessel, and shall keep a copy thereof on file in their office. Exhibition o The said temporary certificate shall' be carried and exR. S., sec. 4423, posed by vessels in the same manner as is provided in secPFrm, etc. tion forty-four hundred and twenty-three for copies of the NONCONTIGUOUS TERRITORY AND CUBA. 439 regular certificate, and the form thereof and the period R S. ''se. 4405 during which it is to be in force shall be as prescribed by the board of supervising inspectors, or the executive committee thereof, as provided in section forty-four hundred and five. And such temporary certificate, during such rubstitute for period and prior to the delivery to the master or owner of cate. the copies of the regular certificate, shall take the place of, and be a substitute for, such copies of the regular certificate of inspection, as required by sections forty-four hun- 4R. S. s. 4423, dred and twenty-three, forty-four hundred and twenty- 858. four, and forty-four hundred and twenty-six, and for the purposes of said sections, and shall also, during such period, be a substitute for the regular certificate of inspection, as required by section forty-four hundred and ninety- R.., se. 4498, eight, and for the purposes of said section until such regular certificate of inspection has been filed with the collector or other chief officer of customs. Such temporary Revocation. certificate shall also be subject to revocation in the man- p. 8s2. ' ner and under the conditions provided in section forty- estriction. four hundred and fifty-three. No vessel required to be inspected under the provisions of this title shall be navigated without having on board an unexpired regular certificate of inspection or such temporary certificate: Pro- Co p e ting vided, however, That any such vessel, operated upon a voyage after cerregularly established line from a port of the United States tificate expires. to a port of a foreign country not contiguous to the United States, whose certificate of inspection expires at sea, or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii, may lawfully complete her voyage without the regular certificate of inspection or the temporary certificate required by this section, and no liability for penalties imposed by this title for want of such certificate shall be incurred until her voyage shall have been completed: Provided, That said voyage shall be so com- Condition. pleted within thirty days after the expiration of said certificate or temporary certificate: Provided further, That caWhen certifcate expires withno such vessel whose certificate of inspection shall expire in 15 days of sailwithin fifteen days of the date of her sailing shall proceed ing date. upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section." CHAP. 421.-An Ac To authorize the President of the United June 25,1910 States to make withdrawals of public lands in certain cases. [H. R. 24070. [Public, No. 303.] Be it enacted by the Senate and House of Representatives 36 Stt. L., pt. of the United States of America in Congress assembled, That ublic lands. the President may, at any time in his discretion, tempo- Twthde rars b rarily withdraw from settlement, location, sale, or entry poresiden tfor power sites, irriany of the public lands of the United States including the gation, etc., aun District of Alaska and reserve the same for water-power thorized. sites, irrigation, classification of lands, or other public 440 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. purposes to be specified in the orders of withdrawals, and such withdrawals or reservations shall remain in force until revoked by him or by an Act of Congress. coMing rights SEC. 2. That all lands withdrawn under the provisions of this Act shall at all times be open to exploration, disExceptions. covery, occupation, and purchase, under the mining laws of the United States, so far as the same apply to minerals Proviiso.. other than coal, oil, gas, and phosphates: Provided, That Rights of bona fide oil or gas the rights of any person who, at the date of any order of claimants' withdrawal heretofore or hereafter made, is a bona fide occupant or claimant of oil or gas bearing lands, and who, at such date, is in diligent prosecution of work leading to discovery of oil or gas, shall not be affected or impaired by such order, so long as such occupant or claimant shall ctatus of prior continue in diligent prosecution of said work: And provided further, That this Act shall not be construed as a recognition, abridgement, or enlargement of any asserted rights or claims initiated upon any oil or gas bearing lands after any withdrawal of such lands made prior to the pasHomestead, sage of this Act: And provided further, That there shall etc., settlements excepted. be excepted from the force and effect of any withdrawal made under the provisions of this Act all lands which are, on the date of such withdrawal, embraced in any lawful homestead or desert-land entry theretofore made, or upon which any valid settlement has been made and is at said date being maintained and perfected pursuant to law; but the terms of this proviso shall not continue to apply to any particular tract of land unless the entryman or settler shall continue to comply with the law under which the entry or settlement was made: And provided Restriction on further, That hereafter no forest reserve shall be created, new forest re-. serves. nor shall any additions be made to one heretofore created within the limits of the States of Oregon, Washington, Idaho, Montana, Colorado, or Wyoming, except by Act of Congress. dR^rwlsrt ofni SEC. 3. That the Secretary of the Interior shall report grass. all such withdrawals to Congress at the beginning of its next regular session after the date of the withdrawals. RESOLUTIONS. Jan. 19,1910. [No. 3.] Joint Resolution Authorizing an investigation of the De[H. J. Res. 103.] partment of the Interior and its several bureaus, officers, and employees, I[ub. Res.,No.9, and of the Bureau of Forestry, in the Department of Agriculture, and 36 tat. L., pt 1, its officers and employees. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That ^InterioraDe a joint committee of both Houses of Congress is hereby orest service, created, to be composed of six Members of the Senate, to sinal Commtt be appointed by the President thereof, and six Members created to inves- of the House of Representatives, to be elected by that tigate disposal of public lands, etc. body. Any vacancy occurring on the committee shall be flled in the same manner as the original appointment. NONCONTIGUOUS TERRITORY AND CUBA. 441 The said committee is hereby empowered and directed to make a thorough and complete investigation of the administration, action, and conduct of the Department of the Interior and its several bureaus, officers, and employees, and of the Bureau of Forestry, in the Department of Agriculture, and its officers and employees, touching, relating to, or bearing upon the reclamation, conservation, management, and disposal of the lands of the United States, or any lands held in trust by the United States for any purpose, including all the resources and appurtenances of such lands, and said committee is authorized and empowered to make any further investigation touching said Interior Department, its bureaus, officers, and employees, and of said Bureau of Forestry, its officers, and employees as it may deem desirable. Said committee or any sub- Powers committee thereof is hereby empowered to sit and act during the session or recess of Congress, or of either House thereof; to require by subpoena, or otherwise, the attendance of witnesses and the production of books, documents, and papers; to take the testimony of witnesses under oath; to obtain documents, papers, and other information from the several departments of the Government, or any bureau thereof; to employ stenographers to take and make a record of all evidence taken and received by the committee, and to keep a record of its proceedings; to have such evidence, record, and other matter required by the committee printed and suitably bound; and to employ such assistance as may be deemed necessary. The chairman of the committee, or any member thereof, may administer oaths to witnesses. Sub- Oaths. poenas for witnesses shall be issued under the signature of the chairman of the committee or the chairman of any ttende of subcommittee thereof. And in case of disobedience to a subpoena this committee may invoke the aid of any court of the United States or of any of the Territories thereof or of the District of Columbia or the district of Alaska, within the jurisdiction of which any inquiry may be carried on by said committee in requiring the attendance and testimony of witnesses and the production of books, papers, and documents under the provisions of this resolution. And any such court within the jurisdiction of which the inquiry under this resolution is being carried on may, in case of contumacy or refusal to obey a subpcena issued to any person under authority of this resolution issue an order requiring such person to appear before said committee and produce books and papers if so ordered and give evidence touching the matter in question, and any failure to obey such order of the court may be punished by such court as a contempt thereof. The claim that any such testimony or evidence may tend to crimi- Crim in ating nate the person giving such evidence shall not excuse such witness from testifying, but such evidence or testimony shall not be usecT against such person on the trial of any criminal proceeding except in prosecution for perjury. 442 LAWS RBLATING TO INSULAR AND MILITARY AFFAIRS. Pounishmento committed in giving such testimony. In addition to for refusing to testify, etc. being subject to punishment for contempt, as hereinbefore provided, every person who, having been summoned as a witness by authority of said committee, or any subcommittee thereof, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the investigation herein authorized, shall be deemed guilty of a misdemeanor and, upon conviction thereof, be punished by a fine of not more than one thousand dollars nor less than one hundred dollars, and imprisonment in a common jail for not more than one ounse year not less than one month. lowed officials. Any official, or ex-official, of the Department of the Interor, or of the Bureau of Forestry, in the Department of Agriculture, whose official conduct is in question, may appear and be heard before the said joint committee, or any subcommittee thereof, in person or by counsel. Hearings, etc. All hearings by and before said joint committee or any subcommittee thereof shall be open to the public. The said joint committee shall conclude its investigation and report to this Congress all the evidence taken and received and their findings and conclusions thereon. The sum of twenty-five thousand dollars, or so much thereof as may Appropriation. be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay the necessary expenses of said joint committee, the said sum to be disbursed by the Secretary of the Senate upon vouchers to be approved by the chairman of the committee. Approved, January 19, 1910. Feb. 15, 1910. [No. 9.] Joint Resolution Amending Section Eighteen, of the Act [I. J. Res. 66.] of July second, nineteen hundred and nine, entitled "An Act to provide [Pub. Res., No. for the Thirteenth and subseqeunt decennial censuses." 15.] 36 Stat. L., pt. 1, p. 874. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That T h r teenth Section Eighteen, of the Act of Congress approved July Census ans. Special agents. second, nineteen hundred and nine, providing for the Thirteenth and subsequent decennial censuses (Thirtysixth Statutes at Large, page seven), be amended by adding at the end of the section the words: "which may include a minimum and maximum rate of per diem compBastso com pensation to be fixed by him, the maximum rate in such cases not to exceed an average of six dollars per diem for the period of employment, and actual necessary traveling expenses and an allowance in lieu of subsistence not exceeding three dollars per diem during necessary absence from their usual place of residence." SIXTY-FIRST CONGRESS, THIRD SESSION. CHAP 46.-An Act To provide for the lading or unlading of vessels Feb. 13, 1911. at night, the preliminary entry of vessels, and for other purposes. (S 6011.] [Public, No. 350.] Be it enacted by the Senate and House of Representatives 3 Stt. 1, pt. of the United States of America in Congress assembled, SECTION 1. That upon arrival at any port in the United CustomsndnStates of any vessel or other conveyance from a foreign lading vessels, port or place, either directly or by way of another port etcial license in the United States, or upon such arrival from another for. port in the United States of any vessel or other conveyance belonging to a line designated by the Secretary of the Treasury as a common carrier of bonded merchandise, and, after due report and entry of such vessel in accordance with existing law or due report, under such regulations as the Secretary of the Treasury may prescribe, of the arrival of such other conveyances, the collector of customs, with the concurrence of the naval officer at ports where there is a naval officer, shall grant, upon proper application therefor, a special license to lade or unlade the cargo of any such vessel or other conveyance at night; that is to say, between sunset and sunrise. SEC. 2. That the master of any vessel from a foreign enryli iar port or place, upon arrival within a customs collection ing officr. Oath, manidistrict of the United States, bound to a port of entry in fest, etc. such district, may make preliminary entry of the vessel by making oath or affirmation to the truth of the statements contained in his original manifest and delivering his said original manifest to the customs officer who shall board such vessel within such district, with a copy of said original manifest for the use of the naval officer at ports where there is a naval officer; whereupon, upon arrival cargo on arrival. at the wharf or place of discharge, the lading or unlading of the cargo of such vessel may proceed, by both day and night, under such regulations as the Secretary of the Treasury may prescribe. SEC. 3. That before any such special license to lade or Bond remquied for immediate unlade at night shall be granted and before any permit lading or unla& shall be issued for the immediate lading or unlading of ing. any such vessel after preliminary entry, as hereinbefore provided, either by day or by night the master, owner, agent, or consignee of such vessel or other conveyance shall make proper application therefor and shall at the same time execute and deliver to the United States, through the collector of customs, a good and sufficient 443 444 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. bond, in a penal sum to be approved by the said collector, conditioned to indemnify and save the United States Conftinsutlgharmless from any and all losses and liabilities which bond for special a enms and per-may occur or be occasioned by reason of the granting of such special license or the issuing or granting of such permit for immediate lading or unlading; or the master, owner, agent, consignee, or probable consignee, as aforesaid, may execute and deliver to the United States, in like manner and form, a good and sufficient bond, in the penal sum of fifty thousand dollars, conditioned to indemnify and save the United States harmless from any and all losses and liabilities which may occur or be occasioned by reason of the granting of such special licenses and the imse licenses issuing or granting of such pertnits for immediate lading or unlading by day and night during a period of six months. SEC. 4. Such application having been duly made and the required bond having been duly executed and delivered, special license or licenses to lade or unlade at night after regular entry of vessels, and due report of other conveyances, may be granted, and a permit or permits may be issued for the immediate lading and unlading, by day and night, of vessels admitted to preliminary entry, or of other conveyances of which due report of Vessels witharrival has been made: Provided, That the provisions of goods in transit. this Act shall extend and be applicable to any vessels or p. 38Sse. 276other conveyances bound to a port of entry in the United States to be unladen at a port of delivery or to be unladen at a place of discharge designated by the Secretary of the Treasury under the provisions of section twenty-seven hundred and seventy-six of the Revised Statutes as Formal entry amended: Provided further, That when preliminary entry of a vessel shall be made by the master as herein provided he shall not be relieved from making due report and entry of his vessel at the customhouse in accordance with existing law, and any liability of the master or owner of any such vessel to the owner or consignee of any merchandise landed from her shall not be affected by the granting of such special license, but such liability shall continue until the merchandise is properly removed from the dock whereon the same may be landed. tra pac y for SEC. 5. That the Secretary of the Treasury shall fix a night service, reasonable rate of extra compensation for night services of inspectors, storekeepers, weighers, and other customs officers and employees in connection with the lading or unlading of cargo at night, or the lading at night of cargo or merchandise for transportation in bond or for exportation in bond, or for the exportation with benefit of drawback, but such rate of compensation shall not exceed an amount equal to double the rate of compensation allowed to each such officer or employee for like services rendered by day, the said extra compensation to be paid Payment col- by the master, owner, agent, or consignee of such vessel ector by master, or other conveyance, whenever such special license or NONCONTIGUOUS TERRITORY AND CUBA. 445 permit for immediate lading or unlading or for lading or unlading at night or on Sundays or holidays shall be granted, to the collector of customs, who shall pay the same to the several customs officers and employeespl to ementitled thereto according to the rates fixed therefor by the Secretary of the Treasury. Customs officers acting cesetciayf^d as boarding officers, and any customs officer who may be minister oaths. designated for that purpose by the collector of customs, are hereby authorized to administer the oath or affirmation herein provided for, and such boarding officers shall be allowed extra compensation for services in boarding vessels at night or on Sundays or holidays-at the rate sevies atnihtr prescribed by the Secretary of the Treasury as herein pro- etc. vided, the said extra compensation to be paid by the master, owner, agent, or consignee of such vessels. SEC. 6. That section twenty-eight hundred and seventy- RLas sepe2le7. one of the Revised Statutes, the Act approved June P. 556. thirtieth, nineteen hundred and six, entitled "An Act to amend section twenty-eight hundred and seventyone of the Revised Statutes," and section one of the Act approved June fifth, eighteen hundred and ninety-four, entitled "An Act to facilitate the entry of steamships," and all Acts or parts of Acts inconsistent herewith are hereby repealed. Approved, February 13, 1911. CHAP. 103.-An Act To promote the safety of employees and trav- Feb. 17, 1911. elers upon railroads by compelling common carriers engaged in inter- [. 6702.] state commerce to equip their locomotives with safe and suitable boilers [Public, No. 383.] and appurtenances thereto. 3 Stt. L., pt. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of this Act shall apply to any common bOtilersotive carrier or carriers, their officers, agents, and employees, common carengaged in the transportation of passengers or property ris affected by by railroad in the District of Columbia, or in any Territory of the United States, or from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States or the District of Columbia, or from any place in the United States to an adjacent foreign country, or from any place in the United States through a foreign country to any other place in the United States. The term "railroad" teanrns of as used in this Act shall include all the roads in use by "Railroads." any common carrier operating a railroad, whether owned or operated under a contract, agreement, or lease, and the term "employees" as used in this Act shall be held to "Empoyed" mean persons actually engaged in or connected with the movement of any train. SEC. 2. That from and after the first day of July, nine- UNules teen hundred and eleven, it shall be unlawful for any with safe bolers, common carrier, it officers or agents, subject to this Act 'lawful 446 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to use any locomotive engine propelled by steam power in moving interstate or foreign traffic unless the boiler of said locomotive and appurtenances thereof are in proper condition and safe to operate in the service to which the same is put, that the same may be employed in the active service of such carrier in moving traffic without unnecispection. essary peril to life or limb, and all boilers shall be inspected from time to time in accordance with the provisions of this Act, and be able to withstand such test or tests as may be prescribed in the rules and regulations hereinafter provided for. assistant chief SEC. 3. That there shall be appointed by the President, spectors. by and with the advice and consent of the Senate, a etppontment, chief inspector and two assistant chief inspectors of locomotive boilers, who shall have general superintendence of the inspectors hereinafter provided for, direct them in the duties hereby imposed upon them, and see that the requirements of this Act and the rules, regulations, and instructions made or given hereunder are observed by Selection, common carriers subject hereto. The said chief inspector and his two assistants shall be selected with reference to their practical knowledge of the construction and repairing of boilers, and to their fitness and ability to systematize and carry into effect the provisions hereof relating to the inspection and maintenance of locomotive Salaries, etc. boilers. The chief inspector shall receive a salary of four thousand dollars per year and the assistant chief inspectors shall each receive a salary of three thousand dollars per year; and each of the three shall be paid his traveling expenses incurred in the performance of his duties. The Office, etc. office of the chief inspector shall be in Washington, District of Columbia, and the Interstate Commerce Commission shall provide such stenographic and clerical help as the business of the offices of the chief inspector and his said assistants may require. tInspection d SEC. 4. That immediately after his appointment and qualification the chief inspector shall divide the territory comprising the several States, the Territories of New Mexico and Arizona, and the District of Columbia into fifty locomotive boiler-inspection districts, so arranged that the service of the inspector appointed for each district shall be most effective, and so that the work required District inspec- of each inspector shall be substantially the same. Thereupon there shall be appointed by the Interstate Commerce Commission fifty inspectors of locomotive boilers. n classfied Said inspectors shall be in the classified service and shall be appointed after competitive examination according to the law and the rules of the Civil Service Commission governing the classified service. The chief inspector shall assign one inspector so appointed to each of the districts Salaries,etc. hereilbefore named. Each inspector shall receive a salary of one thousand eight hundred dollars per year and his traveling expenses while engaged in the performance of his duty. He shall receive in addition thereto an annual allowance for office rent, stationery, and clerical NONCONTIGUOUS TERRITORY AND CUBA. 447 assistance, to be fixed by the Interstate Commerce Commission, but not to exceed in the case of any district inspector six hundred dollars per year. In order to of Examinations obtain the most competent inspectors possible, it shall be the duty of the chief inspector to prepare a list of questions to be propounded to applicants with respect to construction, repair, operation, testing, and inspection of locomotive boilers, and their practical experience in such work, which list, being approved by the Interstate Commerce Commission, shall be used by the Civil Service Commission as a part of its examination. No person interested, Disqualificaeither directly or indirectly, in any patented article required to be used on any locomotive under supervision or who is intemperate in his habits shall be eligible to hold the office of either chief inspector or assistant or district inspector. SEC. 5. That each carrier subject to this Act shall file its rules and instructions for the inspection of locomotive cariSe.tio by boilers with the chief inspector within three months after the approval of this Act, and after hearing and approval by the Interstate Commerce Commission, such rules and Approval etc., instructions, with such modifications as the commission of rlese. requires, shall become obligatory upon such carrier: Provided, however, That if any carrier subject to this Act shall fail to file its rules and instructions the chief inspec- Provios. b Rules to be obtor shall prepare rules and instructions not inconsistent served if carrier herewith for the inspection of locomotive boilers, to be fas to fileany. observed by such carrier; which rules and instructions, being approved by the Interstate Commerce Commission, and a copy thereof being served upon the president, general manager, or general superintendent of such carrier, shall be obligatory, and a violation thereof punished as hereinafter provided: Provided also, That such common carrier may from time to time change the rules and Change. regulations herein provided for, but such change shall not take effect and the new rules and regulations be in force until the same shall have been filed with and approved by the Interstate Commerce Commission. The chief inspector shall also make all needful rules, regulations, Officerules,etc. and instructions not inconsistent herewith for the conduct of his office and for the government of the district inspectors: Provided, however, That all such rules and instructions shall be approved by the Interstate Commerce Commission before they take effect. Approval of all SEC. 6. That it shall be the duty of each inspector to become familiar, so far as practicable, with the condi- District inspe0c tion of each locomotive boiler ordinarily housed or repaired in his district, and if any locomotive is ordinarily housed or repaired in two or more districts, then the chief inspector or an assistant shall make such division between inspectors as will avoid the necessity for duplication of work. Each inspector shall make such personal inspection of the locomotive boilers under his care from time Personal inb to time as may be necessary to fully carry out the pro- ers. 28872~-S. Doc. 306, 62-2 —31 448 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. visions of this Act, and as may be consistent with his other duties, but he shall not be required to make such Inction by inspections at stated times or at regular intervals. His first duty shall be to see that the carriers make inspections in accordance with the rules and regulations established or approved by the Interstate Commerce Commission, and that carriers repair the defects which such inspections disclose before the boiler or boilers or appurtenances pertaining thereto are again put in service. worn dreorts To this end each carrier subject to this Act shall file with the inspector in charge, under the oath of the proper officer or employee, a duplicate of the report of each inspection required by such rules and regulations, and shall also file with such inspector, under the oath Repairin de- of the proper officer or employee, a report showing the repair of the defects disclosed by the inspection. The rules and regulations hereinbefore provided for shall prescribe the time at which such reports shall be made. tiNonce orfefec- Whenever any district inspector shall, in the performance of his duty, find any locomotive boiler or apparatus pertaining thereto not conforming to the requirements of the law or the rules and regulations established and approved as hereinbefore stated, he shall notify the carrier in writing that the locomotive is not in serviceable condition, and thereafter such boiler shall Apeals to chief not be used until in serviceable condition: Provided, inspector by car- That a carrier, when notified by an inspector in writing rier. that a locomotive boiler is not in serviceable condition, because of defects set out and described in said notice, may within five days after receiving said notice, appeal to the chief inspector by telegraph or by letter to have said boiler reexamined, and upon receipt of the appeal iReexamina-from the inspector's decision, the chief inspector shall Effect. assign one of the assistant chief inspectors or any district inspector other than the one from whose decision the appeal is taken to reexamine and inspect said boiler within fifteen days from date of notice. If upon such reexamination the boiler is found in serviceable condition, the chief inspector shall immediately notify the carrier in writing, whereupon such boiler may be put into service without further delay; but if the reexamination of said boiler sustains the decision of the district inspector, the chief inspector shall at once notify the carrier owning or operating such locomotive that the appeal from the decision of the inspector is dismissed, and upon the receipt of such notice the carrier may, within thirty tears toe cIn -days, appeal to the Interstate Commerce Commission, merce Commis- and upon such appeal, and after hearing, said CommisFinal action. sion shall have power to revise, modify, or set aside such action of the chief inspector and declare that said locomotive is in serviceable condition and authorize the same Inspector'sf to be operated: Provided further, That pending either quirements effective pending appeal the requirements of the inspector shall be effective. apSrual report SEC. 7. That the chief inspector shall make an annual of chief inspector report to the Interstate Commerce Commission of the NONCONTIGUOUS TERRITORY AND CUBA. 449 work done during the year, and shall make such recommendations for the betterment of the service as he may desire. SEC. 8. That in the case of accident resulting from Accidents from 1.' failure of boilers. failure from any cause of a locomotive boiler or its appurtenances, resulting in serious injury or death to one or more persons, a statement forthwith must be made in writing of the fact of such accident, by the carrier owning or operating said locomotive, to the chief inspector. Whereupon the facts concerning such accident shall be Investigation. investigated by the chief inspector or one of his assistants, or such inspector as the chief inspector may designate for that purpose. And where the locomotive is disabled Dtobled rparvs to the extent that it can not be run by its own steam, the part or parts affected by the said accident shall be preserved by said carrier intact, so far as possible, without hindrance or interference to traffic until after said inspection. The chief inspector or an assistant or the desig- Detailed renated inspector making the investigation shall examine o or cause to be examined thoroughly the boiler or part affected, making full and detailed report of the cause of the accident to the chief inspector. The Interstate Commerce Commission may at any Reorts by Intime call upon the chief inspector for a report of any merce commisaccident embraced in this section, and upon the receipt ion of cause,etc. of said report, if it deems it to the public interest, make reports of such investigations, stating the cause of accident, together with such recommendations as it deems proper. Such reports shall be made public in such manner as the commission deems proper. Neither said report nRea ttedtc. nor any report of said investigation nor any part thereof damage suits. shall be admitted as evidence or used for any purpose in any suit or action for damages growing out of any matter mentioned in said report or investigation. SEC. 9. That any common carrer violating this Act Penaltyfor io or any rule or regulation made under its provisions or riers. any lawful order of any inspector shall be liable to a penalty of one hundred dollars for each and every such violation, to be recovered in a suit or suits to be brought by the United States attorney in the district court of the United States having jurisdiction in the locality where such violation shall have been committed; and it shall be Dutyof district the duty of such attorneys, subject to the direction of the suits. Attorney-General, to bring such suits upon duly verified information being lodged with them, respectively, of such violations having occurred; and it shall be the duty I.fformStion from chef inspecof the chief inspector of locomotive boilers to give infor- tor. mation to the proper United States attorney of all violations of this Act coming to his knowledge. SEC. 10. That the total amounts directly appropriated pLiit of appro to carry out the provisions of this Act shall not exceed for any one fiscal year the sum of three hundred thousand dollars. 450 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3,1911. CHAP. 208.-An Act Making appropriations for the Diplomatic and [H. n. 32s86.] Consular Service for the fiscal year ending June thirtieth, nineteen hun[Public, No. 452.] dred and twelve. 36 Stat. L., pt. Bip'looaticand Be it enacted by the Senate and House of Representatives consular appro- f the United States of America in Congress assembled, That the following sums be, and they are hereby, severally appropriated, in full compensation for the Diplomatic and Consular Service for the fiscal year ending June thirtieth, nineteen hundred and twelve, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: * * * * * INVESTIGATION OF CLAIMS OF AMERICAN CITIZENS FOR LOSSES IN SAMOA IN EIGHTEEN HUNDRED AND NINETYNINE. Investigating For carrying into effect the Act of Congress approved an June twenty-third, nineteen hundred and ten, for the investigation of claims of American citizens for losses growing out of the joint naval operations of the United States and Great Britain in and about the town of Apia, in the Samoan Islands, in the months of March, April, and May, eighteen hundred and ninety-nine, the King of Sweden by an international award having found the United States and Great Britain to be responsible for such losses, seven hundred and fifty dollars. * * * * * RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief of Ameri- Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Porto Rico, the Panama Canal Zone, and the Philippine Islands, thirty thousand dollars. Mar. 3, 1911. CHAP. 209.-An Act Making appropriation for the support of the [H.R. 31237.] Army for the fiscal year ending June thirtieth, nineteen hundred and [Public, No.453.1 twelve. 36 Stat. L., pt.,. 1037. (Payment of exchange by special disbursing agents serving in foreign countries; Construction, operation, and maintenance of laundries at military posts in the island possessions; Transportation of the Army and its supplies to the insular possessions. See pp. 61, 63, 64.) NONCONTIGUOUS TERRITORY AND CUBA. 451 CHAP. 231.-An Act To codify, revise, and amend the laws relating Mar. 3, 1911. to the judiciary. [S. 7031.] [Public, No. 475.] Be it enacted by the Senate and House of Representatives 1,. St L., pt. of the United States of America in Congress assembled, That the laws relating to the judiciary be, and they Jdcia Code. hereby are, codified, revised, and amended, with title, chapters, head-notes, and sections, entitled, numbered, and to read as follows: TITLE. Title. THE JUDICIARY. CHAPTER ONE. The Judiciary. Chapter 1. DISTRICT COURTS See. 1. District courts established; appointment and residence of judges. 2. Salaries of district judges. 3. Clerks. 4. Deputy clerks. 5. Criers and bailiffs. 6. Records; where kept. 7. Effect of altering terms. 8. Trials not discontinued by new term. 9. Court always open as courts of admiralty and equity. 10. Monthly adjournments for trial of criminal causes. 11. Special terms. 12. Adjournment in case of nonattendance of judge. 13. Designation of another judge in case of disability of judge. 14. Designation of another judge in case of an accumulation of business. -ORGANIZATION. District courts, organization. Sec. 15. When designation to be made by Chief Justice. 16. New appointment and revocation. 17. Designation of district judge in aid of another judge. 18. When circuit judge may be designated to hold district court. 19. Duty of district and circuit judge in such cases. 20. When district judge is interested or related to parties. 21. When affidavit of personal bias or prejudice of judge is filed. 22. Continuance in case of vacancy in office. 23. Districts having more than one judge; division of business. SEC. 1. In each of the districts described in chapter District courts. five, there shall be a court called a district court, for p. 93. which there shall be appointed one judge, to be called a disturict eac district judge; except that in the northern district of Additional for California, the northern district of Illinois, the district of States. Maryland, the district of Minnesota, the district of Nebraska, the district of New Jersey, the eastern district of New York, the northern and southern districts of Ohio, the district of Oregon, the eastern and western districts of Pennsylvania, and the western district of Washington, there shall be an additional district judge in each, and in the southern district of New York, three additional district judges: Provided, That whenever a vacancy shall Prsod sen occur in the office of the district judge for the district of iorjudge. Maryland, senior in commission, such vacancy shall not be filled, and thereafter there shall be but one district judge in said district: Provided further, That there shall dirvice in two e one judge for the eastern and western districts of R. S., sec. 552 South Carolina, one judge for the eastern and middle P 93. 452 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. districts of Tennessee, and one judge for the northern Alabama. and southern districts of Mississippi: Provided further, That the district judge for the middle district of Alabama shall continue as heretofore to be a district judge for the northern district thereof. Every district judge shall Reqidence r 8- reside in the district or one of the districts for which he is appointed, and for offending against this provision shalfbe deemed guilty of a high misdemeanor. Pay of judges. SEC. 2. Each of the district judges shall receive a salary of six thousand dollars a year, to be paid in monthly installments. lerks. 5 SEC. 3. A clerk shall be appointed for each district R. S., sec. 505, p. 93. court by the judge thereof, except in cases otherwise provided for by law. aDppointmyekt SEC. 4. Except as otherwise specially provided by law, and tenure. the clerk of the district court for each district may, with p.5.8, sec. 558 the approval of the district judge thereof, appoint such number of deputy clerks as may be deemed necessary by such judge, who may be designated to reside and maintain offices at such places of holding court as the judge may determine. Such deputies may be removed at the pleasure of the clerk appointing them, with the concurrence of the district judge. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk, in his name, until a clerk is appointed and qualified; and for the default or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his deatlh, the clerk and his estate and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such default or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. criers and bail- SEC. 5. The district court for each district may appoint R. S., sec. 715, a crier for the court; and the marshal may appoint such p. 13 number of persons, not exceeding five, as the judge may determine, to wait upon the grand and other juries, and for other necessary purposes. reservation of SEC. 6. The records of a district court shall be kept at R. s., sec. 562, the place where the court is held. When it is held at p. 94. more than one place in any district and the place of keeping the records is not specially provided by law, they shall be kept at either of the places of holding the court which may be designated by the district judge. ntgeortaffert SEC. 7. No action, suit, proceeding, or process in any pending cases. district court shall abate or be rendered invalid by reason p. 08. 57of any act changing the time of holding such court, but the same shall be deemed to be returnable to, pending, and triable in the terms established next after the return day thereof. cases beyondegf SE. 8. When the trial or hearing of any cause, civil or ular terms. criminal, in a district court has been commenced and is in p. s., see. 746, progress before a jury or the court, it shall not be stayed or discontinued by the arrival of the time fixed by law for NONCONTIGUOUS TERRITORY AND CUBA. 453 another session of said court; but the court may proceed therein and bring it to a conclusion in the same manner and with the same effect as if another stated term of the court had not intervened. SEC. 9. The district courts, as courts of admiralty and Always o pen as courts of equity, shall be deemed always open for the miraaty business. purpose of filing any pleading, of issuing and returning p. 1o.lse mesne and final process, and of making and directing all interlocutory motions, orders, rules, and other proceedings preparatory to the hearing, upon their merits, of all causes pending therein. Any district judge may, Ordersinchamupon reasonable notice to the parties, make, direct, and award, at chambers or in the clerk's office, and in vacation as well as in term, all such process, commissions, orders, rules, and other proceedings, whenever the same are not grantable of course, according to the rules and practice of the court. SEC. 10. District courts shall hold monthly adjourn- frAcdlurnalen ments of their regular terms, for the trial of criminal R. s., sec. 578, causes, when their business requires it to be done, in order 102' to prevent undue expenses and delays in such cases. SEC. 11. A special term of any district court may be pecialterms. R. S., sec. 581, held at the same place where any regular term is held, p. 102. or at such other place in the district as the nature of the business may require, and at such time and upon such notice as may be ordered by the district judge. Any business may be transacted at such special term which might be transacted at a regular term. SEC. 12. If the judge of any district court is unable to. Adjournment 6 in absence of attend at the commencement of any regular, adjourned, judge. or special term, or any time during such term, the court p. l.0 e. 583, may be adjourned by the marshal, or clerk, by virtue of a written order directed to him by the judge, to the next regular term, or to any earlier day, as the order may direct. SEC. 13. When any district judge is prevented, by any Designaton of d another j u d g e disability, from holding any stated or appointed term of during a tempohis district court, and that fact is made to appear by the ralebsn circertificate of the clerk, under the seal of the court, to any cuit. R. B., sec. 591, circuit judge of the circuit in which the district lies, or, p. 104. in the absence of all the circuit judges, to the circuit justice of the circuit in which the district lies, any such circuit judge or justice may, if in his judgment the public interests so require, designate and appoint the judge of any other district in the same circuit to hold said court, and to discharge all the judicial duties of the judge so disabled, during such disability. Whenever it shall be From another certified by any such circuit judge or, in his absence, by the circuit justice of the circuit in which the district lies, that for any sufficient reason it is impracticable to designate and appoint a judge of another district within the circuit to perform the duties of such disabled judge, the chief justice may, if in his judgment the public interests so require, designate and appoint the judge of any dis 454 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. trict in another circuit to hold said court and to discharge all the judicial duties of the judge so disabled, during such nRae of des disability. Such appointment shall be filed in the clerk's office, and entered on the minutes of the said district court, and a certified copy thereof, under the seal of the court, shall be transmitted by the clerk to the judge so designated and appointed. Designation to SEC. 14. When, from the accumulation or urgency of dispose of accu- o mulated or ur- business in any district court, the public interests require gent business. R. tS., sc. 592, the designation and appointment hereinafter provided, p. 104. and the fact is made to appear, by the certificate of the clerk, under the seal of the court, to any circuit judge of the circuit in which the district lies, or, in the absence of all the circuit judges, to the circuit justice of the circuit in which the district lies, such circuit judge or justice may designate and appoint the judge of any other district in the same circuit to have and exercise within the district first named the same powers that are vested in the judge astehpariratcourts thereof. Each of the said district judges may, in case of such appointment, hold separately at the same time a district court in such district, and discharge all the judicial duties of the district judge therein. Designa tijoudf SEC. 15. If all the circuit judges and the circuit justice byrChiefJustice. are absent from the circuit, or are unable to execute p.R4, sec. 593, the provisions of either of the two preceding sections, or if the district judge so designated is disabled or neglects to hold the court and transact the business for which he is designated, the clerk of the district court shall certify the fact to the Chief Justice of the United States, who may thereupon designate and appoint in the manner aforesaid the judge of any district within such circuit or within any other circuit; and said appointment shall be transmitted to the clerk and be acted upon by him as directed in the preceding section. Nrew desidna SEC. 16. Any such circuit judge, or circuit justice, or tions if required R. S., sec. 594, the Chief Justice, as the case may be, may, from time to p. 10 time, if in his judgment the public interests so require, make a new designation and appointment of any other district judge, in the manner, for the duties, and with the powers mentioned in the three preceding sections, and revoke any previous designation and appointment. enior circit SEC. 17. It shall be the duty of the senior circuit judge Judge to designate from any district then present in the circuit, whenever in his judgment the R.,rit sec. 596, public interest so requires, to designate and appoint, in. 105. the manner and with the powers provided in section fourteen, the district judge of any judicial district within his circuit to hold a district court in the place or in aid of any other district judge within the same circuit. holrcItudgCto SEC. 18. Whenever, in the judgment of the senior circourt. cult judge of the circuit in which the district lies, or of the circuit justice assigned to such circuit, or of the Chief Justice, the public interest shall require, the said judge, or associate justice, or Chief Justice, shall designate and appoint any circuit judge of the circuit to hold said district court. NONCONTIGUOUS TERRITORY AND CUBA. 455 SEC. 19. It shall be the duty of the district or circuit Authority, etc. judge who is designated and appointed under either of the Judge. six preceding sections, to discharge all the judicial duties p. lo8. for which he is so appointed, during the time for which he is so appointed; and all the acts and proceedings in the courts held by him, or by or before him, in pursuance of said provisions, shall have the same effect and validity as if done by or before the district judge of the said district. SEc. 20. Whenever it appears that the judge of any Action when district court is in any way concerned in interest in any to serve. suit pending therein, or has been of counsel or is a mate- pR.s., sec. 601, rial witness for either party, or is so related to or connected with either party as to render it improper, inl his opinion, for him to sit on the trial, it shall be his duty, on application by either party, to cause the fact to be entered on the records of the court; and also an order that an authenticated copy thereof shall be forthwith certified to the senior circuit judge for said circuit then present in the circuit; and thereupon such proceedings shall be had as are provided in section fourteen. SEC. 21. Whenever a party to any action or proceeding, Action w h e n civil or criminal, shall make and file an affidavit that the prsojn dbi cs or judge before whom the action or proceeding is to be tried judge is charged. or heard has a personal bias or prejudice either against him or in favor of any opposite party to the suit, such judge shall proceed no further therein, but another judge shall be designated in the manner prescribed in the section last preceding, or chosen in the manner prescribed in section twenty-three, to hear such matter. Every such affi- Affidavit redavit shall state the facts and the reasons for the belief quired. that such bias or prejudice exists, and shall be filed not less than ten davs before the beginning of the term of the court, or good cause shall be shown for the failure to file it within such time. No party shall be entitled in any case to file more than one such affidavit; and no such affidavit shall be filed unless accompanied by a certificate of counsel of record that. such affidavit and application are made in good faith. The same proceedings shall be had when the when judge presiding judge shall file with the clerk of the court a certi- admits partiality. ficate that lie deems himself unable for any reason to preside with absolute impartiality in the pending suit or action. SEC. 22. When the office of judge of any district court continuance if office becomes vabecomes vacant, all process, pleadings, and proceedings cant. ending before such court shall, if necessary, be continued 603, p. 1' 60 by the clerk thereof until such times as a judge shall be appointed, or designated to hold such court; and the judge so designated, while holding such court, shall possess the powers conferred by, and be subject to the provisions contained in, section nineteen. SEC. 23. In districts having more than one district Division of judge, the judges iay agree upon the division of business tricts with addi. and assignment of cases for trial in said district; but in tional udge. case they do not so agree, the senior circuit judge of the 456 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. circuit in which the district lies, shall make all necessary orders for the division of business and the assignment of cases for trial in said district. CHAPTER Two. Chapter 2. District courts, jurisdiction. DISTRICT COURTS-JURISDICTION. Sec. 24. Original jurisdiction. Par. 1. Where the United States are plaintiffs; and of civil suits at common law or in equity. 2. Of crimes and offenses. 3. Of admiralty causes, seizures, and prizes. 4. Of suits under any law relating to the slave trade. 5. Of cases under internal revenue, customs, and tonnage laws. 6. Of suits under postal laws. 7. Of suits under the patent, the copyright, and the trade-mark laws. 8. Of suits for violation of interstate commerce laws. 9. Of penalties and forfeitures. 10. Of suits on debentures. 11. Of suits for injuries on account of acts done under laws of the United States. 12. Of suits concerning civil rights. 13. Of suits against persons having knowledge of conspiracy, etc. 14. Of suits to redress the deprivation, under color of law, of civil rights. Sec. 24. Original juristiction-Cont'd. Par. 15. Of suits to recover certain offices. 16. Of suits against national -banking associations. 17. Of suits by aliens for torts. 18. Of suits against consuls and viceconsuls. 19. Of suits and proceedings in bankruptcy. 20. Of suits against the United States. 21. Of suits for the unlawful inclosure of public lands. 22. Of suits under immigration and contract - labor laws. 23. Of suits against trusts, monopolies, and unlawful combinations. 24. Of suits concerning allotments of land to Indians. 25. Of partition suits where United States is joint tenant. 25. Appellate juristiction under Chinese-exclusion laws. 26. Appellate jurisdiction over Yellowstone National Park. 27. Jurisdiction of crimes on Indian reservations in South Dakota. dioQlgtn uris- SEC. 24. The district courts shall have original jurisR. S., secs. 563, diction as follows: 629t 9brought First. Of all suits of a civil nature, at common law or by UnitedState. i equity, brought by the United States, or by any officer thereof authorized by law to sue or between citizens of rnde gent the same State claiming lands under grants from different states. States; or, where the matter in controversy exceeds, exclusive of interest and costs, the sum or value of three NONCONTIGUOUS TERRITORY AND CUBA. 457 thousand dollars, and (a) arises under the Constitution or Utnder United laws of the United States, or treaties made, or which shall be made, under their authority, or (b) is between citizens eitizens of difof different States, or (c) is between citizens of a State with foreign and foreign States, citizens, or subjects. No district States, etc. court shall have cognizance of any suit (except upon for- promsstion on eign bills of exchange) to recover upon any promissory note or other chose in action in favor of any assignee, or of any subsequent holder if such instrument be payable to bearer and be not made by any corporation, unless such suit might have been prosecuted in such court to recover upon said note or other chose in action if no assignment had been made: Provided, however, That the foregoing Pptiovt provision as to the sum or value of the matter in controversy shall not be construed to apply to any of the cases mentioned in the succeeding paragraphs of this section. Second. Of all crimes and offenses cognizable under the Crimes and ofauthority of the United States. Third. Of all civil causes of admiralty and maritime Admiralty and... * maritime cases. jurisdiction, saving to suitors in all cases the right of a common-law remedy where the common law is competent to give it; of all seizures on land or waters not within admiralty and maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize. Fourth. Of all suits arising under any law relating to slavetrade. the slave trade. Fifth. Of all cases arising under any law providing for Revenuo cases.. ~Cu s toms apinternal revenue, or from revenue from imports or ton- peals excepted nage, except those cases arising under any law providing sess, ubicla,06 st revenue from imports, jurisdiction of which has been conferred upon the Court of Customs Appeals. Sixth. Of all cases arising under the postal laws. Postal suits. Seventh. Of all suits at law or in equity arising under Patents, copyrights, and tradethe patent, the copyright, and the trade-mark laws. marks. Eighth. Of all suits and proceedings arising under any uts m m e r c law regulating commerce, except those suits and proceed- Cases in Comings exclusive jurisdiction of which has been conferred mrce. Court exupon the Commerce Court. Public laws, 2d sess., p 539. Ninth. Of all suits and proceedings for the enforcement Sesenities and of penalties and forfeitures incurred under any law of the forfeitures. United States. Tenth. Of all suits by the assignee of any debenture Suits on deben. for drawback of duties, issued under any law for the col- tures lection of duties, against the person to whom such debenture was originally granted, or against any indorser thereof, to recover the amount of such debenture. Eleventh. Of all suits brought by any person to recover suits for damdamages for any injury to his person or property on U ig es d tates account of any act done by him, under any law of the laws. United States, for the protection or collection of any of the revenues thereof, or to enforce the right of citizens of the United States to vote in the several States, 458 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Civi rights Twelfth. Of all suits authorized by law to be brought by any person for the recovery of damages on account of any injury to his person or property, or of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section nineteen hundred and eighty, Revised Statutes. Knowledge of Thirteenth. Of all suits authorized by law to be brought conspiy, etc. against any person who, having knowledge that any of R.., sec. 1980, the wrongs mentioned in section nineteen hundred and. 347. eighty, Revised Statutes, are about to be done, and, having power to prevent or aid in preventing the same, neglects or refuses so to do, to recover damages for any such wrongful act. Redress for de- Fourteenth. Of all suits at law or in equity authorized privation of civil rights. v by law to be brought by any person to redress the deprivation, under color of any law, statute, ordinance, regulation, custom, or usage of any State, of any right, privilege, or immunity, secured by the Constitution of the United States, or of any right secured by any law of the United States providing for equal rights of citizens of the United States, or of all persons within the jurisdiction of the United States. Recovery of of- Fifteenth. Of all suits, to recover possession of any fi. office, except that of elector of President or Vice President, Representative in or Delegate to Congress, or member of a State legislature, authorized by law to be brought, wherein it appears that the sole question touching the title to such office arises out of the denial of the right to vote to any citizen offering to vote, on account of race, Proiso. color, or previous condition of servitude: Provided, That Limited to de- '.... termination such jurisdiction shall extend only so far as to determine of civilrights. the rights of the parties to such office by reason of the denial of the right guaranteed by the Constitution of the United States, and secured by any law, to enforce the right of citizens of the United States to vote in all the States. National bank Sixteenth. Of all cases commenced by the United caStates, or by direction of any officer thereof, against any national banking association, and cases for winding up the affairs of any such bank; and of all suits brought by any banking association established in the district for which the court is held, under the provisions of title "National Banks," Revised Statutes, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by said title. And ill national banking associations established under the laws of the United States shall, for the purposes of all other actions by or against them, real, personal, or mixed, and all suits in equity, be deemed citizens of the States in which they are respectively located. Btofyn 1ns O Seventeenth. Of all suits brought by any alien for a tort only, in violation of the laws of nations or of a treaty of the United States. NONCONTIGUOUS TERRITORY AND CUBA. 459 Eighteenth. Of all suits against consuls and vice con- Consular ases. suls. Nineteenth. Of all matters -and proceedings in bank- Bankruptcy. ruptcy. Twentieth. Concurrent with the Court of Claims, of all t hleim naftint claims not exceeding ten thousand dollars founded upon states. the Constitution of the United States or any law of Congress, or upon any regulation of an Executive Department, or upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or unliquidated, in cases not sounding in tort, in respect to which claims the party would be entitled to redress against the United States, either in a court of law, equity, or admiralty, if the United States were suable, and of all set-offs, counterclaims, claims for damages, whether liquidated or unliquidated, or other demands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, however, That nothing in this paragraph iro e,. shall be construed as giving to either the district courts ceptd. or the Court of Claims jurisdiction to hear and determine warlaims. claims growing out of the late Civil War, and commonly known as "war claims," or to hear and determine other claims which had been rejected or reported on adversely lRioj e c t e d prior to the third day of March, eighteen hundred and eighty-seven, by any court, department, or commission authorized to hear and determine the same, or to hear and determine claims for pensions; or as giving to the Pensions. Official servdistrict courts jurisdiction of cases brought to recover ices. fees, salary, or compensation for official services of officers of the United States or brought for such purpose by persons claiming as such officers or as assignees or legal representatives thereof; but no suit pending on the twentyseventh day of June, eighteen hundred and ninety-eight, shall abate or be affected by this provision: And provided inTi be brought further, That no suit against the Government of the United States shall be allowed under this paragraph unless the same shall have been brought within six years after the right accrued for which the claim is made: Pro- Rights of marvided, That the claims of married women, first accrued nors, etc. during marriage, of persons under the age of twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the suit be brought within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. All suits brought and tried under the provisions of this Without Jur. paragraph shall be tried by the court without a jury. Twenty-first. Of proceedings in equity, by writ of in- sunlwfuii c junction, to restrain violations of the provisions of laws lads. of the United States to prevent the unlawful inclosure of public lands; and it shall be sufficient to give the court 460 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. jurisdiction if service of original process be had in any civil proceeding on any agent or employee having charge or control of the inclosure. and Immigration Twenty-second. Of all suits and proceedings arising bor cases. under any law regulating the immigration of aliens, or under the contract labor laws. Antitrust cases. Twenty-third. Of all suits and proceedings arising under any law to protect trade and commerce against restraints and monopolies. mInian allot Twenty-fourth. Of all actions, suits, or proceedings involving the right of any person, in whole or in part of Indian blood or descent, to any allotment of. land under any law or treaty. wheartitn intd Twenty-fifth. Of suits in equity brought by any tenant states atenant ini common or joint tenant for the partition of lands in common. cases where the United States is one of such tenants in common or joint tenants, such suits to be brought in the district in which such land is situate. Chinese exclu- SEC. 25. The district courts shall have appellate jurission appeals. diction of the judgments and orders of United States commissioners in cases arising under the Chinese exclusion laws. pYellowsten e SEC. 26. The district court for the district of Wyoming Wyoming district shall have jurisdiction of all felonies committed within court. the Yellowstone National Park and appellate jurisdiction of judgments in cases of conviction before the commissioner authorized to be appointed under section five of an Act entitled 'An Act to protect the birds and animals in Yellowstone National Park, and to punish crimes in said Park, and for other purposes," approved May seventh, eighteen hundred and ninety-four. tiond SouthsDa: SEC. 27. The district court of the United States for kota. the district of South Dakota shall have jurisdiction to ditionindistict hear, try, and determine all actions and proceedings in court. which any person shall be charged with the crime of murder, manslaughter, rape, assault with intent to kill, arson, burglary,' larceny, or assault with a dangerous weapon, committed within the limits of any Indian reservation in the State of South Dakota. Chapter 3. CHAPTER THREE. District courts, DISTRICT COURTS-REMOVAL OF CAUSES. removal of causes. Sec. Sec. 28. Removal of suits from State to 34. Removal of suits by aliens. United States district courts. 35. When copies of records are re29. Procedure for removal. fused by clerk of State court. 30. Suits under grants of land from 36. Previous attachment bonds, different States. orders, etc., remain valid. 31. Removal of causes against per- 37. Suits improperly in district sons denied any civil rights, court may be dismissed or etc. remanded. 82. When petitioner is in actual 38. Proceedings in suits removed. custody of State court. 39. Time for filing record; return 83. Suits and prosecutions against of record, how enforced. revenue officers, etc. NONCONTIGUOUS TERRITORY AND CUBA. 461 SEC. 28. Any suit of a civil nature, at law or in equity, semovataof arising under the Constitution or laws of the United to district courts. States, or treaties made, or which shall be made, under csonSit und their authority, of which the district courts of the United laws, or treaties. States are given original jurisdiction by this title, which may now be pending or which may hereafter be brought, in any State court, may be removed by the defendant or defendants therein to the district court of the United States for the proper district. Any other suit of a civil By nonrsident nature, at law or in equity, of which the district courts of the United States are given jurisdiction by this title, and which are now pending or which may hereafter be brought, in any State court, may be removed into the district court of the United States for the proper district by the defendant or defendants therein, being nonresi- Between citidents of that State. And when in any suit mentioned in tetoesf different this section there shall be a controversy which is wholly between citizens of different States, and which can be fully determined as between them, then either one or more of the defendants actually interested in such controversy may remove said suit into the district court of the United States for the proper district. And where a On account of suit is now pending, or may hereafter be brought, in any State court, in which there is a controversy between a citizen of the State in which the suit is brought and a citizen of another State, any defendant, being such citizen of another State, may remove such suit into the district court of the United States for the proper district, at any time before the trial thereof, when it shall be made to appear to said district court that from prejudice or local influence he will not be able to obtain justice in such State court, or in any other State court to which the said defendant may, under the laws of the State, have the right, on account of such prejudice or local influence, to remove said cause: Provided, That if it further appear that said Provisos. suit can be fully and justly determined as to the other de- to parties not affendants in the State court, without being affected by dceetc prejusuch prejudice or local influence, and that no party to the suit will be prejudiced by a separation of the parties, said district court may direct the suit to be remanded, so far as relates to such other defendants, to the State court, to be proceeded with therein. At any time before the trial notheed ustlce of any suit which is now pending in any district court, or may hereafter be entered therein, and which has been removed to said court from a State court on the affidavit of any party plaintiff that he had reason to believe and did believe that, from prejudice or local influence, he was unable to obtain justice in said State court, the district court shall, on application of the other party, examine into the truth of said affidavit and the grounds thereof, and, unless it shall appear to the satisfaction of said court that said party will not be able to obtain justice in said State court it shall cause the same to be remanded thereto. Whenever any cause shall be removed from any orderpomaig. 462 LaWS RELATING TO INSULAR AND MILITARY AFFAIRS. State court into any district court of the United States, and the district court shall decide that the cause was improperly removed, and order the same to be remanded to the State court from whence it came, such remand shall be immediately carried into execution, and no appeal or writ of error from the decision of the district court agans suits so remanding such cause shall be allowed: Provided, That carriers not re- no case arising under an Act entitled: "An Act relating movable. to the liability of common carriers by railroad to their employees in certain cases," approved April twentysecond, nineteen hundred and eight, or any amendment thereto, and brought in any State court of competent jurisdiction shall be removed to any court of the United States. PrdCure for SEc. 29. Whenever any party entitled to remove any suit mentioned in the last preceding section, except suits removable on the ground of prejudice or local influence, may desire to remove such suit from a State court to the district court of the United States, he may Filing petition, make and file a petition, duly verified, in such suit in such State court at the time, or any time before the defendant is required by the laws of the State or the rule of the State court in which such suit is brought to answer or plead to the declaration or complaint of the plaintiff, for the removal of such suit into the district court to be Bondrequired. held in the district where such suit is pending, and shall make and file therewith a bond, with good and sufficient surety, for his or their entering in such district court, within thirty days from the date of filing said petition, a certified copy of the record in such suit, and for paying all costs that may be awarded by the said district court if said district court shall hold that such suit was wrongfully or improperly removed thereto, and also for their appearing and entering special bail in such suit if special bail was originally requisite therein. It shall then be the Stae dr to duty of the State court to accept said petition and bond Further. and proceed no further in such suit. Written notice of said petition and bond for removal shall be given the adverse party or parties prior to filing the same. The said copy being entered within said thirty days as aforesaid in said district court of the United States, the parties so removing the said cause shall, within thirty ays thereafter, plead, answer, or demur to the declaration or complaint in said cause, and the cause shall then proceed in the same manner as if it had been originally commenced in the said district court. uits of ndI de SEC. 30. If in any action commenced in a State court mrom different the title of land be concerned, and the parties are citizens R.s., sec. 647, of the same State and the matter in dispute exceeds the p. 117. sum or value of three thousand dollars, exclusive of interest and costs, the sum or value being made to appear, one or more of the plaintiffs or defendants, before the trial, may state to the court, and make affidavit if the court require it, that he or they claim, and shall rely NONCONTIGUOUS TERRITORY AND CUBA. 463 upon, a right or title to the land under a grant from a State, and produce the original grant, or an exemplification of it, except where the loss of public records shall put it out of his or their power, and shall move that any one or more of the adverse party inform the court whether he or they claim a right or title to the land under a grant from some other State, the party or parties so required shall give such information, or otherwise not be allowed to plead such grant or give it in evidence upon the trial. If he or they inform the court that he or they do claim under such grant, any one or more of the party moving for such information may then, on petition and bond, as hereinbefore mentioned in this chapter, remove the cause for trial to the district court of the United States next to be holden in such district; and any one of either party removing the cause shall not be allowed to plead or give evidence of any other title than that by him or them stated as aforesaid as the ground of his or their claim. SEC. 31. When any civil suit or criminal prosecution sultsinvolving ' civil rights. is commenced in any State court, for any cause whatso- R. s., sec. 641, ever, against any person who is denied or can not enforce petition, etc. in the judicial tribunals of the State, or in the part of the State where such suit or prosecution is pending, any right secured to him by any law providing for the equal civil rights of citizens of the United States, or of all persons within the jurisdiction of the United States, or against any officer, civil or military, or other person, for any arrest or imprisonment or other trespasses or wrongs made or committed by virtue of or under color of authority derived from any law providing for equal rights as aforesaid, or for refusing to do any act on the ground that it would be inconsistent with such law, such suit or prosecution may, upon the petition of such defendant, filed in said State court at any time before the trial or final hearing of the cause, stating the facts and verified by oath, be removed for trial into the next district court to be held in the district where it is pending. Upon the tay of profiling of such petition all further proceedings in the State ceedings. courts shall cease, and shall not be resumed except as hereinafter provided. But all bail and other security tBail, etc., congiven in such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. It shall be c o p Y of prothe duty of the clerk of the State court to furnish such ceedings. defendant, petitioning for a removal, copies of said process against him, and of all pleadings, depositions, Procedure. testimony, and other proceedings in the case. If such copies are filed by said petitioner in the district court on the first day of its session, the cause shall proceed therein in the same manner as if it had been brought there by original process; and if the said clerk refuses or neglects I clerk refuspies to furnish such copies, the petitioner may thereupon docket the case in the district court, and the said court 28872~-S. Doc. 306, 62-2 ~ 32 464 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. shall then have jurisdiction therein, and may, upon proof of such refusal or neglect of said clerk, and upon reasonable notice to the plaintiff, require the plaintiff to file a declaration, petition, or complaint in the cause; and, in titsioner faiof p case of his default, may order a nonsuit and dismiss the file copies, etc. case at the costs of the plaintiff, and such dismissal shall be a bar to any further suit touching the matter in controversy. But if, without such refusal or neglect of said clerk to furnish such copies and proof thereof, the petitioner for removal fails to file copies in the district court, as herein provided, a certificate, under the seal of the district court, stating such failure, shall be given, and upon the production thereof in said State court the cause shall proceed therein as if no petition for removal had been filed. cuRtodval froS SEC. 32. When all the acts necessary for the removal of court. any suit or prosecution, as provided in the preceding piS. S6.642 section, have been performed, and the defendant petitioning for such removal is in actual custody on process issued by said State court, it shall be the duty of the clerk of said district court to issue a writ of habeas corpus cum causa, and of the marshal, by virtue of said writ, to take the body of the defendant into his custody, to be dealt with in said district court according to law and the orders of said court, or, in vacation, of any judge thereof; and the marshal shall file with or deliver to the clerk of said State court a duplicate copy of said writ. ing Unitd inStt SEC. 33. When any civil suit or criminal prosecution is revenue laws. commenced in any court of a State against any officer 1n S. 643 p appointed under or acting by authority of any revenue law of the United States now or hereafter enacted, or against any person acting under or by authority of any such officer, on account of any act done under color of his officeorof anysuch law, or on account of any right, title, or authority claimed by such officer or other person under any such law; or is commenced against any person holding property or estate by title derived from any such officer, Official duties an affects the validity of any such revenue law; or when any suit is commenced against any person for on account of anything done by him while an officer of either House of Congress in the discharge of his official duty, in executing any order of such House, the said suit or prosecution may, at any time before the trial or final hearing thereof, be removed for trial into the district court next to be holden in the district where the same is pending, upon the petition of such defendant to said district court, and in the Petition, etc. following manner: Said petition shall set forth the nature of the suit or prosecution and be verified by affidavit, and, together with a certificate signed by an attorney or counselor at law of some court of record of the State where such suit or prosecution is commenced, or of the United States, stating that, as counsel for the petitioner, he has examined the proceedings against him and carefully inquired into all the matters set forth in the petition, and NONCONTIGUOUS TERRITORY AND CUBA. 465. that he believes them to be true, shall be presented to the said district court, if in session, or if it be not, to the clerk thereof at his office, and shall be filed in said office. The cause shall thereupon be entered on the docket of the district court, and shall proceed as a cause originally commenced in that court; but all bail and other security given upon such suit or prosecution shall continue in like force and effect as if the same had proceeded to final judgment and execution in the State court. When the Certiorari to suit is commenced in the State court by summons, sub- record, etc. pcena, petition, or other process except capias, the clerk of the district court shall issue a writ of certiorari to the State court, requiring it to send to the district court the record and proceedings in the cause. When it is com-. capiasproceedmenced by capias or by any other similar form or proceed-. ing by which a personal arrest is ordered, he shal issue a writ of habeas corpus cum causa, a duplicate of which shall be deliverW to the clerk of the State court, or left at his office, by tht marshal of the district or his deputy, or by some person duly authorized thereto; and thereupon it shall be the duty of the State court to stay all further proceedings in the cause, and the suit or prosecution, upon delivery of such process, or leaving the same as aforesaid, shall be held to be removed to the district court, and any further proceedings, trial, or judgment therein in the State court shall be void. If the defendant Duty of marin the suit or prosecution be in actual custody on mesne process therein, it shall be the duty of the marshal, by virtue of the writ of habeas corpus cum causa, to take the body of the defendant into his custody, to be dealt with in the cause according to law and the order of the district court, or, in vacation, of any judge thereof; and if, upon Duty of plainthe removal of such suit or prosecution, it is made to appear to the district court that no copy of the record and proceedings therein in the State court can be obtained, the district court may allow and require the plaintiff to proceed de novo and to file a declaration of his cause of action, and the parties may thereupon proceed as in actions originally brought in said district court. On failure of the plaintiff so to proceed, judgment of non prosequitur may be rendered against him, with costs for the defendant. SEC. 34. Whenever a personal action has been or shall IR emo val of be brought in any State court by an alien against any R. S., se. 644, citizen of a State who is, or at the time the alleged action. 117. accrued was, a civil officer of the United States, being a non-resident of that State wherein jurisdiction is obtained by the State court, by personal service of process, such action may be removed into the district court of the United States in and for the district in which the defendant shall have been served with the process, in the same manner as now provided for the removal of an action brought in a State court by the provisions of the preceding section. 466 LAWS RELATING TO INSULAR AND MILITARY AFFAIBS. affiProceedings o SEC. 35. In any case where a party is entitled to copies when copy re. of the records and proceedings in any suit or prosecution R. ed., se. 45, in a State court, to be used in any court of the United p. 117. States, if the clerk of said State court, upon demand, and the payment or tender of the legal fees, refuses or neglects to deliver to him certified copies of such records and proceedings, the court of the United States in which such records and proceedings are needed may, on proof by affidavit that the clerk of said State court has refused or neglected to deliver copies thereof, on demand as aforesaid, direct such record to be supplied by affidavit or otherwise, as the circumstances of the case may require and allow; and thereupon such proceeding, trial, and judgment may be had in the said court of the United States, and all such processes awarded, as if certified copies of such records and proceedings had been regularly before the said court. Attachments, SEC. 36. When any suit shall be removjifrom a State etc., continued to await trial. court to a district court of the United Starf, any attachR. s., sec. 646, ment or sequestration of the goods or estate of the defendant had in such suit in the State court shall hold the goods or estate so attached or sequestered to answer the final judgment or decree in the same manner as by law they would have been held to answer final judgment or decree had it been rendered by the court in which said suit was commenced. All bonds, undertakings, or security given by either party in such suit prior to its removal shall remain valid and effectual notwithstanding said removal; and all injunctions, orders, and other proceedings had in such suit prior to its removal shall remain in full force and effect until dissolved or modified by the court to which such suit shall be removed. Dismissal or ruits SEC. 37. If in any suit commenced in a district court, or manding of suits -5, not properly removed from a State court to a district court of the brought. United States, it shall appear to the satisfaction of the said district court, at any time after such suit has been brought or removed thereto, that such suit does not really and substantially involve a dispute or controversy properly within the jurisdiction of said district court, or that the parties to said suit have been improperly or collusively made or joined, either as plaintiffs or defendants, for the purpose of creating a case cognizable or removable under this chapter, the said district court shall proceed no further therein, but shall dismiss the suit or remand it to the court from which it was removed, as justice may require, and shall make such order as to costs as shall be just. Proceedings in SEC. 38. The district court of the United States shall, in all suits removed under the provisions of this chapter, proceed therein as if the suit had been originally commenced in said district court, and the same proceedings had been taken in such spit in said district court as shall have been had therein in said State court prior to its removal. NONCONTIGUOUS TERRITORY AND CUBA. 467 SEC. 39. In all causes removable under this chapter, if Punishment to clerk failing to the clerk of the State court in which any such cause shall furnish copy of be pending shall refuse to any one or more of the parties record, etc. or persons applying to remove the same, a copy of the record therein, after tender of legal fees for such copy, said clerk so offending shall, on conviction thereof in the district court of the United States to which said action or proceeding was removed, be fined not more than one thousand dollars, or imprisoned not more than one year, or both. The district court to which any cause shall be Certiorari to State court to reremovable under this chapter shall have power to issue a turn record. writ of certiorari to said State court commanding said State court to make return of the record in any such cause removed as aforesaid, or in which any one or more of the plaintiffs or defendants have complied with the provisions of this chapter for the removal of the same, and enforce said writ according to law.. If it shall be impos- cOrder to proseible for the parties or persons removing any cause under this chapter, or complying with the provisions for the removal thereof, to obtain such copy, for the reason that the clerk of said State court refuses to furnish a copy, on payment of legal fees, or for any other reason, the district court shall make an order requiring the prosecutor in any such action or proceeding to enforce forfeiture or recover penalty, as aforesaid, to file a copy of the paper or proceeding by which the same was commenced, within such time as the court may determine; and in default thereof the court shall dismiss the said action or proceeding; but Proceedings. if said order shall be complied with, then said district court shall require the other party to plead, and said action or proceeding shall proceed to final judgment. The said district court may make an order requiring the the parties thereto to plead de novo; and the bond given, conditioned as aforesaid, shall be discharged so far as it requires copy of the record to be filed as aforesaid. CHAPTER FOUR. Chapter 4. DISTRICT COURTS-MISCELLANEOUS PROVISIONS. I District courts miscellaneous provisions. Sec. 40. Capital cases; where triable. 41. Offenses on the high seas, etc., where triable. 42. Offenses begun in one district and completed in another. 43. Suits for penalties and forfeitures, where brought. 44. Suits for internal-revenue taxes, where brought. 45. Seizures,-where cognizable. 46. Capture of insurrectionary property, where cognizable. 47. Certain seizures cognizable in any district into which the property is taken. 48. Jurisdiction in patent cases. Sec. 49. Proceedings to enjoin Comptroller of the Currency. 50. When a part of several defendants can not be served. 51. Civil suits; where to be brought. 52. Suits in States containing more than one district. 53. Districts containing more than one division; where suit to be brought; transfer of criminal cases. 54. Suits of a local nature, where to be brought. 55. When property lies in different districts in same State. 468 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Sec. Sec. 56. When property lies in different 62. Transfer of records to district States in same circuit; juris- court when a Territory diction of receiver. becomes a State. 57. Absent defendants in suits to 63. District judge shall demand enforce liens, remove clouds and compel delivery of on titles, etc. records of territorial court. 58. Civil causes may be trans- 64. Jurisdiction of district courts ferred to another division of in cases transferred from district by agreement. territorial courts. 59. Upon creation of new district 65. Receivers to manage property or division, where prosecu- according to State laws. tion to be instituted or 66. Suits against receiver. action brought. 67. Certain persons not to be 60. Creation of new district, or appointed or employed as transfer of territory not to officers of courts. divest lien; how lien to be 68. Certain persons not to be enforced. masters or receivers. 61. Commissioners to administer oaths to appraisers. Venue of capi- SEC. 40. The trial of offenses punishable with death tal offenses. R. S., sec. 729, shall be had in the county where the offense was comp. 138. mitted, where that can be done without great inconvenience. iffenses on SEC. 41. The trial of all offenses committed upon the high sea, etc.. S., sec. 730, high seas, or elsewhere out of the jurisdiction of any par-. 138. ticular State or district, shall be in the district where the offender is found, or into which he is first brought. nOffenes begun SEC. 42. When any offense against the United States is in one district and completed in begun in one judicial district and completed in another, another. R. S., ec. 731, it shall be deemed to have been committed in either, and p. 138. may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner as if it had been actually and wholly committed therein. ruits for recov SEC. 43. Al pecuniary penalties and forfeitures may eries. R. S., sec. 732, be sued for and recovered either in the district where they p. 139. accrue or in the district where the offender is found.. Internal reve- SEC. 44. Taxes accruing under any law providing interR. S., sec. 733, nal revenue may be sued for and recovered either in the p. 139. district where the liability for such tax occurs or in the district where the delinquent resides. Seizures on SEC. 45. Proceedings on seizures made on the high seas, hith seas..., sec. 734, for forfeiture under any law of the United States, may be p. 139. prosecuted in any district into which the property so seized is brought and proceedings instituted. Proceedings on such seizures made within any district shall be prosecuted in the district where the seizure is made, except in cases where it is otherwise provided. ofinsurectionary SEC. 46. Proceedings for the condemnation of any property. property captured, whether on the high seas or elsewhere p. 139. sec. out of the limits of any udicial district, or within any district, on account of its being purchased or acquired, sold or given, with intent to use or employ the same, or to suffer it to be used or employed in aiding, abetting, or promoting any insurrection against the Government of the United States, or knowingly so used or employed by the owner thereof, or with his consent, may be prosecuted in NONCONTIGUOUS TERRITORY AND CUBA. 469 any district where the same may be seized, or into which it may be taken and proceedings first instituted. SEC. 47. Proceedings on seizures for forfeiture of any Forfeiture of property from vessel or cargo entering any port of entry which has been section in insurclosed by the President in pursuance of law, or of goods reio., ec. 664, and chattels coming from a State or section declared by P 96. proclamation of the President to be in insurection into other parts of the United States, or of any vessel or vehicle conveying such property, or conveying persons to or from such State or section, or of any vessel belonging, in whole or in part, to any inhabitant of such State or section, may be prosecuted in any district into which the property so seized may be taken and proceedings instituted; and the district court thereof shall have as full jurisdiction over such proceedings as if the seizure was made in that district. SEC. 48. In suits brought for the infringement of letters Patent suits. patent the district courts of the United States shall have jurisdiction, in law or in equity, in the district of which the defendant is an inhabitant, or in any district in which the defendant, whether a person, partnership, or corporation, shall have committed acts of infringement and have a regular and established place of business. If such suit is brought in a district of which the defendant is not an inhabitant, but in which such defendant has a regular and established place of business, service of process, summons, or subpoena upon the defendant may be made by service upon the agent or agents engaged in conducting such business in the district in which suit is brought. SEC. 49. All proceedings by any national banking enoPronceedingo association to enjoin the Comptroller of the Currency, ler Courrency. under the provisions of any law relating to national bank- p. 1S sec. 736 ing associations, shall be had in the district where such association is located. SEC. 50. When there are several defendants in any suit Proceedings against several at law or in equity, and one or more of them are neither defendants. inhabitants of nor found within the district in which the p.g sec. 737 suit is brought, and do not voluntarily appear, the court may entertain jurisdiction, and proceed to the trial and adjudication of the suit between the parties who are properly before it; but the judgment or decree rendered therein shall not conclude or prejudice other parties not regularly served with process nor voluntarily appearing to answer; and non-joinder of parties who are not mhabitants of nor found within the district, as aforesaid, shall not constitute matter of abatement or objection to the suit. SEC. 51. Except as provided in the five succeeding,enue of civil sections, no person shall be arrested in one district for R. s., sec. 739, trial in another, in any civil action before a district court; p 140. and except as provided in the six succeeding sections, no civil suit shall be brought in any district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant; but where 470 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant. having more thanes SEC. 52. When a State contains more than one district, one district. every suit not of a local nature, in the district court p.4., se*. 740. thereof, against a single defendant, inhabitant of such State, must be brought in the district where he resides; but if there are two or more defendants, residing in different districts of the State, it may be brought in either district, and a duplicate writ may be issued against the defendants, directed to the marshal of any other district in which any defendant resides. The clerk issuing the duplicate writ shall indorse thereon that it is a true copy of a writ sued out of the court of the proper district; and such original and duplicate writs, when executed and returned into the office from which they issue, shall constitute and be proceeded on as one suit; and upon any judgment or decree rendered therein, execution may be issued, directed to the marshal of iany district in the same State. tasticets on- SEC. 53. When a district contains more than. one one division,. division, every suit not of a local nature against a single defendant must be brought in the division where he resides; but if there are two or more defendants residing in different divisions of the district it may be brought in either division. All mesne and final process subject to the provisions of this section may be served and executed in any or all of the divisions of the district, or if the State contains more than one district, then in any of such criminal prose- districts, as provided in the preceding section. All cutions. * prosecutions for crimes or offenses shall be had within the division of such districts where the same were committed, unless the court, or the judge thereof, upon the application of the defendant, shall order the cause to be transferred for prosecution to another division of the disTransfer of rec- trict. When a transfer is ordered by the court or judge, ord. all the papers in the case, or certified copies thereof, shall be transmitted by the clerk, under the seal of the court, to the division to which the cause is so ordered transferred; and thereupon the cause shall be proceeded with in said division in the same manner as if the offense had been Removals from committed therein. In all cases of the removal of suits State courts. from the courts of a State to the district court of the United States such removal shall be to the United States district court in the division in which the county is situated from which the removal is made; and the time within which the removal shall be perfected, in so far as it refers to or is regulated by the terms of United States courts, shall be deemed to refer to the terms of the United States district court in such division. naSuits of a local SEC. 54. In suits of a local nature, where the defendant nature. R. s., sec. 741, resides in a different district, in the same State, from that pi 140' in which the suit is brought, the plaintiff may have original and final process against him, directed to the marshal of the district in which he resides. NONCONTIGUOUS TERRITORY AND CUBA. 471 SEc. 55. Any suit of a local nature, at law or in equity, JUridi t i o n where the land or other subject-matter of a fixed char- lies partl in di acter lies partly in one district and partly in another, ferent distrcts. within the same State, may be brought in the district court of either district; and the court in which it is brought shall have jurisdiction to hear and decide it, and to cause mesne or final process to be issued and executed, as fully as if the said subject-matter were wholly within the district for which such court is constituted. SEC. 56. Where in any suit in which a receiver shall be Authorityofre appointed the land or other property of a fixed character, erty lying in d the subject of the suit, lies within different States in the frent tstes. same judicial circuit, the receiver so appointed shall, upon giving bond as required by the court, immediately be vested with full jurisdiction and control over all the property, the subject of the suit, lying or being within such circuit; subject, however, to the disapproval of such order, within thirty days thereafter, by the circuit court of appeals for such circuit, or by a circuit judge thereof, cUAppRulbycir after reasonable notice to adverse parties and an opportunity to be heard upon the motion for such disapproval; and subject, also, to the filing and entering in the district court for each district of the circuit in which any portion of the property may lie or be, within ten days thereafter, of a duly certified copy of the bill and of the order of appointment. The disapproval of such appointment Eflect of dlwithin such thirty days, or the failure to file such certified copy of the bill and order of appointment within ten days, as herein required, shall divest such receiver of jurisdiction over all such property except that portion thereof lying or being within the State in which the suit is brought. In any case coming within the provisions of this section, iSsU o es in which a receiver shall be appointed, process may issue and be executed within any district of the circuit in the same manner and to the same extent as if the property were wholly within the same district; but orders affecting such property shall be entered of record in each district in which the property affected may lie or be. SEC. 57. When in any suit commenced in any district anbsient defend court of the United States to enforce any legal or equitable enforce liens, clear titles, etc. lien upon or claim to, or to remove any incumbrance or R. s., lse. 738, lien or cloud upon the title to real or personal property 742 p. 140. within the district where such suit is brought, one or more of the defendants therein shall not be an inhabitant of or found within the said district, or shall not voluntarily appear thereto, it shall be lawful for the court to make an order directing such absent defendant or defendants to appear, plead, answer, or demur by a day certain to be designated, which order shall be served on such absent defendant or defendants, if practicable, wherever found, and also upon the person or persons in possession or charge of said property, if any there be; or where such personal service upon such absent defendant or defendants is not practicable, such order shall be published in such manner as the court may direct, not less than once a week for six 472 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Proceedings onconsecutive weeks. In case such absent defendant shall ure to r. not appear, plead, answer, or demur within the time so limited, or within some further time, to be allowed by the court, in its discretion, and upon proof of the service or publication of said order and of the performance of the directions contained in the same, it shall be lawful for the court to entertain jurisdiction, and proceed to the hearing and adjudication of such suit in the same manner as if such absent defendant had been served with process within the said district; but said adjudication shall, as regards said absent defendant or defendants without appearance, affect only the property which shall have been the subject of the suit and under the jurisdiction of the court therein, within such district; and when a part of the said real or personal property against which such proceedings shall be taken shall be within another district, but within the same State, such suit may be brought Timfor ap in either district in said State: Provided, however, That pearance if not any defendant or defendants not actually personally geonafy noti- notified as above provided may, at any time within one year after final judgment in any suit mentioned in this section, enter his appearance in said suit in said district court, and thereupon the said court shall make an order setting aside the judgment therein and permitting said defendant or defendants to plead therein on payment by him or them of such costs as the court shall deem just; and thereupon said suit shall be proceeded with to final judgment according to law. Transfers by SEC. 58. Any civil cause, at law or in equity, may, on agreement. written stipulation of the parties or of their attorneys of record signed and filed with the papers in the case, in vacation or in term, and on the written order of the judge signed and filed in the case in vacation or on the order of the court duly entered of record in term, be transferred to the court of any other division of the same district, without regard to the residence of the defendants, for Papers to be trial. When a cause shall be ordered to be transferred to transmitted. a court in any other division, it shall be the duty of the clerk of the court from which the transfer is made to carefully transmit to the clerk of the court to which the transfer is made the entire file of papers in the cause and all documents and deposits in his court pertaining thereTranscript of to, together with a certified transcript of the records of all orders, interlocutory decrees, or other entries in the cause; and he shall certify, under the seal of the court, that the papers sent are all which are on file in said court belonging to the cause; for the perfomance of which duties said clerk so transmitting and certifying shall receive the same fees as are now allowed by law for similar Fee taxed as services, to be taxed in the bill of costs, and regularly collected with the other costs in the cause; and such transscript, when so certified and received, shall henceforth constitute a part of the record of the cause in the court to which the transfer shall be made. The clerk receiving such transcript and original papers shall file the same and NONCONTIGUOUS TERRITORY AND CUBA. 473 the case shall then proceed to final disposition as other cases of a like nature. SEC. 59. Whenever any new district or division has cProcedure on creation of new been or shall be established, or any county or territory has districts, etc. been or shall be transferred from one district or division to another district or division, prosecutions for crimes and offenses committed within such district, division, county or territory prior to such transfer, shall be commenced and proceeded with the same as if such new district or division had not been created, or such county or territory had not been transferred, unless the court, upon the application of the defendant, shall order the cause to be removed to the new district or division for trial. Civil actions pending at the time of the creation of any such district or division, or the transfer of any such county or territory, and arising within the district or division so created or the county or territory so transferred, shall be tried in the district or division as it existed at the time of the institution of the action, or in the district or division so created, or to which the county or territory is or shall be so transferred, as may be agreed upon by the parties, or as the court shall direct. The transfer of such prosecutions and actions shall be made in the manner provided in the section last preceding. SEC. 60. The creation of a new district or division, or Liens, etc., not affected by new the transfer of any county or territory from one district or districts, etc. division to another district or division, shall not affect or divest any lien theretofore acquired in the circuit or district court by virtue of a decree, judgment, execution, attachment, seizure, or otherwise, upon property situated or being within the district or division so created, or the county or territory so transferred. To enforce any Enforcement. such lien, the clerk of the court in which the same is acquired, upon the request and at the cost of the party desiring the same, shall make a true and certified copy of the record thereof, which, when so made and certified, and filed in the proper court of the district or division in which such property is situated or shall be, after such transfer, shall constitute the record of such lien in such court, and shall be evidence in all courts and places equally with the original thereof; and thereafter like proceedings shall be had thereon, and with the same effect, as though the cause or proceeding had been originally instituted in such court. The provisions of this section shall apply not only in all cases where a district or division is created, or a county or any territory is transferred by this or any future Act, but also in all cases where a district or division has been created, or a county or any territory has been transferred by any law heretofore enacted. SEC. 61. Any district judge may appoint commis- to administer ioners, before whom appraisers of vessels or goods and aths to apprais merchandise seized for breaches of any law of the United R. s., sec. 570, States, may be sworn; and such oaths, so taken, shall be p 97 as effectual as if taken before the judge in open court. 474 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ritoralnfer of Tesr SEc. 62. When any Territory is admitted as a State, records on admi- and a district court is established therein, all the records sion as a Statin R. S., m8. 67, of the proceedings in the several cases pending in the. 97' highest court of said Territory at the time of such admission, and all records of the proceedings in the several cases in which judgments or decrees had been rendered in said territorial court before that time, and from which writs of error could have been sued out or appeals could hb — e been taken, or from which writs of error had been su- out or appeals had been taken and prosecuted to the Supreme uourt or to the circuit court of appeals, shall be transferred to and deposited in the district court for the said State. tracnsfeirng SEC. 63. It shall be the duty of the district judge, in R. S., sec. 68, the case provided in the preceding section, to demand of the clerk, or other person having possession or custody of the records therein mentioned, the delivery thereof, to be deposited in said district court; and in case of the refusal of such clerk or person to comply with such demand, the said district judge shall compel the delivery of such records by attachment or otherwise, according to law. peCognizance of SEC. 64. When any Territory is admitted as a State, R.., sec. 569, and a district court is established therein, the said disp. 9 trict court shall take cognizance of all cases which were pending and undetermined in the trial courts of such Territory, from the judgments or decrees to be rendered in which writs of error could have been sued out or appeals taken to the Supreme Court or to the circuit court of apReceivers t peals, and shall proceed to hear and determine the same. mange property SEC. 65. Whenever in any cause pending in any court accog totate of the United States there shall be a receiver or manager in possession of any property, such receiver or manager shall manage and operate such property according to the requirements of the valid laws of the State in which such property shall be situated, in the same manner that the owner or possessor thereof would be bound to do if in possession thereof. Any receiver or manager who shall willfully violate any provision of this section shall be fined not more than three thousand dollars, or imprisoned not more than one year, or both. Suits against SEC. 66. Every receiver or manager of any property appointed by any court of the United States may be sued in respect of any act or transaction of his in carrying on the business connected with such property, without the previous leave of the court in which such receiver or manager was appointed; but such suit shall be subject to the general equity jurisdiction of the court in which such manager or receiver was appointed so far as the same may be necessary to the ends of justice. ReUlation hi SEC. 67. No person shall be appointed to or employed fisals. in any office or duty in any court who is related by affinity or consanguinity within the degree of first cousin to the judge of such court. apotion n SEC. 68. No clerk of a district court of the United ceivers, etc. States or his deputy shall be appointed a receiver or master in any case, except where the judge of said court shall NONCONTIGUOUS TERRITORY AND CUBA. determine that special reasons exist therefor, to be assigned in the order of appointment. CHAPTER FIVE. DISTRICT COURTS-DISTRICTS, AND PROVISIONS APPLICABLE TO PARTICULAR STATES. Sec. Sec. 69. Judicial districts. 93. Nebraska. 70. Alabama. 94. Nevada. 71. Arkansas. 95. New Hampshire. 72. California. 96. New Jersey. 73. Colorado. 97. New York. 74. Connecticut. 98. North Carolina. 75. Delaware. 99. North Dakota. 76. Florida. 100. Ohio. 77. Georgia. 101. Oklahoma. 78. Idaho. 102. Oregon. 79. Illinois. 103. Pennsylvania. 80. Indiana. 104. Rhode Island. 81. Iowa. 105. South Carolina. 82. Kansas. 106. South Dakota. 83. Kentucky. 107. Tennessee. 84. Louisiana. 108. Texas. 85. Maine. 109. Utah. 86. Maryland. 110. Vermont. 87. Massachusetts. 111. Virginia. 88. Michigan. 112. Washington. 89. Minnesota. 113. West Virginia. 90. Misissippi. 114. Wisconsin. 91. Missouri. 115. Wyoming. 92. Montana. Note.-Ohapter five has been omittedfrom this compilation, as it relates exclusively to the above-named States. CHAPTER SIX. 475 Chapter 5. Judicial d s - tricts. Chapter 6. CIRCUIT COURTS OF APPEALS. Circuit court of appeals. Sec. 116. Circuits. 117. Circuit courts of appeals. 118. Circuit judges. 119. Allotment of justices to the circuits. 120. Chief justice and associate justices of Supreme Court, and district judges, may sit in circuit court of appeals. 121. Justices allotted to circuits, how designated. 122. Seals, forms of process, and rules. 123. Marshals. 124. Clerks. 125. Deputy clerks; appointment and removal. 126. Terms. 127. Rooms for court, how provided. Sec. 128. Jurisdiction; when judgment final. 129. Appeals in proceedings for injunctions and receivers. 130. Appellate and supervisory jurisdiction under the bankrupt act. 131. Appeals from the United States court for China. 132. Allowance of appeals, etc. 133. Writs of error and appeals from the supreme courts of Arizona and New Mexico. 134. Writs of error and appeals from district court for Alaska to circuit court of appeals for ninth circuit; court may certify questions to the Supreme Court. 135. Appeals and writs of error from Alaska; where heard. - SEC. 116. There shall be nine judicial circuits of the Circuits coasti United States, constituted as follows: First. The first circuit shall include the districts of First. Rhode Island, Massachusetts, New Hampshire, and Maine. I. 476 LAWS RELATING TO INSULAR IcND MILITARY AFFAIRS. Second. Second. The second circuit shall include the districts of Vermont, Connecticut, and New York. rhird. Third. The third circuit shall include the districts of Pennsylvania, New Jersey, and Delaware. Fourth. Fourth. The fourth circuit shall include the districts of Maryland, Virginia, West Virginia, North Carolina, and South Carolina. Fifth. Fifth. The fifth circuit shall include the districts of Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas. Sixth. Sixth. The sixth circuit shall include the districts of Ohio, Michigan, Kentucky, and Tennessee. Seventh. Seventh. The seventh circuit shall include the districts of Indiana, Illinois, and Wisconsin. Eighth. Eighth. The eighth circuit shall include the districts of Nebraska, Minnesota, Iowa, Missouri, Kansas, Arkansas, Colorado, Wyoming, North Dakota, South Dakota, Utah, and Oklahoma. NthNinth. Ninh. The ninth circuit shall include the districts of California, Oregon, Nevada, Washington, Idaho, Montana, and Hawaii. Circuit courts SEC. 117. There shall be in each circuit a circuit court of appeals, which shall consist of three judges, of whom two shall constitute a quorum, and which shall be a court of record, with appellate jurisdiction, as hereinafter limited and established. uircuit judges SEc. 118. There shall be in the second, seventh, and eighth circuits, respectively, four circuit judges, in the fourth circuit, two circuit judges, and in each of the other circuits, three circuit judges, to be appointed by the President, by and with the advice and consent of the e'al ary; rei- Senate. They shall be entitled to receive a salary at the rate of seven thousand dollars a year, each, payable monthly. Each circuit judge shall reside within his circuit. Allotment f SEC. 119. The Chief Justice and associate justices of justices to circuits. the Supreme Court shall be allotted among the circuits by 618, pp. 07, 108. an order of the court, and a new allotment shall be made whenever it becomes necessary or convenient by reason of the alteration of any circuit, or of the new appointment of a Chief Justice or associate justice, or otherwise. If a new allotment becomes necessary at any other time than during a term, it shall be made by the Chief Justice, and shall be binding until the next term and until a new allotment by the court. Whenever, by reason of death or resignation, no justice is allotted to a circuit, the Chief Justice may, until a justice is regularly allotted thereto, temporarily assign a justice of another circuit to such circuit. Supreme Coit SEC. 120. The Chief Justice and the associate justices trict judges may of the Supreme Court assigned to each circuit, and the sit in courts ofp- several district judges within each circuit, shall be competent to sit as judges of the circuit court of appeals Presidngjudge. within their respective circuits. In case the Chief Justice NONCONTIGUOUS TERRITORY AND CUBA. 477 or an associate justice of the Supreme Court shall attend at any session of the circuit court of appeals, he shall preside. In the absence of such Chief Justice, or associate justice, the circuit judges in attendance upon the court shall preside in the order of the seniority of their respective commissions. In case the full court at any time shall not be made up by the attendance of the Chief Justice or the associate justice, and the circuit judges, one or more district judges within the circuit shall sit in the court according to such order or provision among the district judges as either by general or particular assignment shall be designated by the court: Provided, That no Provlifo judge before whom a cause or question may have been tion of judge. tried or heard in a district court, or existing circuit court, shall sit on the trial or hearing of such cause or question in the circuit court of appeals. SEC. 121. The words "circuit justice" and "justice of a Designation of circuit," when used in this title, shall be understood to R. s., se. 6, designate the justice of the Supreme Court who is allotted ' 107. to any circuit; but the word "judge," when applied generally to any circuit, shall be understood to include such justice. SEC. 122. Each of said circuit courts of appeals shall Seals, form of prescribe the form and style of its seal, and the form of pce e writs and other process and procedure as may be conformable to the exercise of its jurisdiction; and shall have power to establish all rules and regulations for the conduct of the business of the court within its jurisdiction as conferred by law. SEC. 123. The United States marshals in and for the Service by dsseveral districts of said courts shall be the marshals of said tri marshals. circuit courts of appeals, and shall exercise the same powers and perform the same duties, under the regulations of the court, as are exercised and performed by the marshal of the Supreme Court of the United States, so far as the same may be applicable. SEC. 124. Each court shall appoint a clerk, who shall clerk. exercise the same powers and perform the same duties in regard to all matters within its jurisdiction, as are exercised and performed by the clerk of the Supreme Court, so far as the same may be applicable. SEC. 125. The clerk of the circuit court of appeals for Deputy clerk. each circuit may, with the approval of the court, appoint such number of deputy clerks as the court may deem necessary. Such deputies may be removed at the pleasure of the clerk appointng them, with the approval of the court. In case of the death of the clerk his deputy or deputies shall, unless removed by the court, continue in office and perform the duties of the clerk in his name until a clerk is appointed and has qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk and his estate and the sureties on his official bond shall be liable, and his executor or administrator shall have such remedy for such defaults or misfeasances committed after his death as the 478 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. clerk would be entitled to if the same had occurred in his lifetime. Term& SEC. 126. A term shall be held annually by the circuit courts of appeals in the several judicial circuits at the following places, and at such times as may be fixed by said courts, respectively: In the first circuit, in Boston; in the second circuit, in New York; in the third circuit, in Philadelphia; in the fourth circuit, in Richmond; in the fifth circuit, in New Orleans, Atlanta, Fort Worth, and Montgomery; in the sixth circuit, in Cincinnati; in the seventh circuit, in Chicago; in the eighth circuit, in Saint Louis,. Denver or Cheyenne, and Saint Paul; in the ninth circuit, in San Francisco, and each year in two other places in said circuit to be designated by the judges of said court; and in each of the above circuits, terms may be held at such other times and in such other places as said courts, respecDesignated tively, may from time to time designate: Provided, That terms. terms shall be held in Atlanta on the first Monday in October, in Fort Worth on the first Monday in November, in Montgomery on the third Monday in October, in Denver or in Cheyenne on the first Monday in September, and in aroceedng in Saint Paul on the first Monday in May. All appeals, writs Geor ia, Tex a s, and labama. of error, and other appellate proceedings which may be taken or prosecuted from the district courts of the United States in the State of Georgia, in the State of Texas, and in the State of Alabama, to the circuit court of appeals for the fifth judicial circuit shall be heard and disposed of, respectively, by said court at the terms held in Atlanta, in Fort Worth, and in Montgomery, except that appeals or writs of error in cases of injunctions and in all other cases which, under the statutes and rules, or in the opinion of the court, are entitled to be brought to a speedy hearing may be heard and disposed of wherever said court courtpeat m may be sitting. All appeals, writs of errors, and other mont, Tex., to appellate proceedings which may hereafter be taken or New Orleans. prosecuted from the district court of the United States at Beaumont, Texas, to the circuit court of appeals for the fifth circuit, shall be heard and disposed of by the said circuit court of appeals at the terms of court held at New Orleans: Provided, That nothing herein shall prevent the court from hearing appeals or writs of error wherever the said courts shall sit, in cases of injunctions and in all other cases which, under the statutes and the rules, or in the opinion of the court, are entitled to be brought to a speedy DHearings at hearing All appeals, writs of error, and other appellate Denver and Cheyenne. proceedings which may be taken or prosecuted from the district courts of the United States in the States of Colorado, Utah, and Wyoming, and the supreme court of the Territory of New Mexico to the circuit court of appeals for the eighth judicial circuit, shall be heard and disposed of by said court at the terms held either in Denver or in Cheyenne, except that any case arising in any of said States or Territory may, by consent of all the parties, be heard and disposed of at a term of said court other than the one held in Denver or Cheyenne. NONCONTIGUOUS TERRITORY AND CUBA. 479 SEc. 127. The marshals for the several districts in Cort rN which said circuit courts of appeals may be held shall, under the direction of the Attorney General, and with his approval, provide such rooms in the public buildings of the United States as may be necessary for the business of said courts, and pay all incidental expenses of said court, including criers, bailiffs, and messengers: Provided, Pt, a. That in case proper rooms can not be provided in such ted. buildings, then the marshals, with the approval of the Attorney General, may, from time to time, lease such rooms as may be necessary for such courts. SEC. 128. The circuit courts of appeals shall exercise Jurction appellate jurisdiction to review by appeal or writ of error final decisions in the district courts, including the United States district court for Hawaii, in all cases other than those in which appeals and writs of error may be taken direct to the Supreme Court, as provided in section two hundred and thirty-eight, unless otherwise provided by law; and, except as provided in sections two hundred and Dpion n^. thirty-nine and two hundred and forty, the judgments Exeptions. and decrees of the circuit courts of appeals shall be final in all cases in which the jurisdiction is dependent entirely upon the opposite parties to the suit or controversy being aliens and citizens of the United States, or citizens of different States; also in all cases arising under the patent laws under the copyright laws, under the revenue laws, and under the criminal laws, and in admiralty cases. SEC. 129. Where upon a hearing in equity in a district ceAlpf p1n court, or by a judge thereof in vacation, an injunction shall junctions or rebe granted, continued, refused, or dissolved by an inter-cele. locutory order or decree, or an application to dissolve an injunction shall be refused, or an interlocutory order or decree shall be made appointing a receiver, an appeal may be taken from such interlocutory order or decree granting, continuing, refusing, dissolving, or refusing to dissolve, an injunction, or appointing a receiver, to the circuit court of appeals, notwithstanding an appeal in such case might, upon final decree under the statutes regulating the same, be taken directly to the Supreme Court: Provided, That the appeal must be taken within thirty Proeence of days from the entry of such order or decree, and it shall appeal. take precedence in the appellate court; and the proceedings in other respects in the court below shall not be stayed unless otherwise ordered by that court, or the appellate court, or a judge thereof, during the pendency of such appeal; Provided, however, That the court belowb Aditional may, in its discretion, require as a condition of the appeal an additional bond. SEC. 130. The circuit courts of appeals shall have the bApUl ia appellate and supervisor jurisdiction conferred upon them by the Act entitled 'An Act to establish a uniform system of bankruptcy throughout the United States," approved July first, eighteen undred and ninety-eight, and all laws amendatory thereof, and shall exercise the same in the manner therein prescribed. 28872 —S. Doc. 306, 62-2 —33 480 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS Review of de- SEC. 131. The circuit court of appeals for the ninth cisions of United States court for circuit is empowered to hear and determine writs of error 'cqa and appeals from the United States court for China, as provided in the Act entitled "An Act creating a United States court for China and prescribing the jurisdiction thereof," approved June thirtieth, nineteen hundred and siX. Powaers of SEC. 132. Any judge of a circuit court of appeals, in respect of cases brought or to be brought before that court, shall have the same powers and duties as to allowances of appeals and writs of error, and the conditions of such allowances, as by law belong to the justices or judges in respect of other courts of the United States, respectively. fromPA I, etCnd SEC. 133. The circuit courts of appeals, in cases in New Mexico u- which their judgments and decrees are made final by preme cour this title, shall have appellate jurisdiction, by writ of error or appeal, to review the judgments, orders, and decrees of the supreme courts of Arizona and New Mexico, as by this title they may have to review the judgments, orders, and decrees of the district courts; and for that purpose said Territories shall, by orders of the Supreme Court of the United States, to be made from time to time, be assigned to particular circuits. eisions of Alaska SEC. 134. In all cases other than those in which a writ district court. of error or appeal will lie direct to the Supreme Court of the United States as provided in section two hundred and forty-seven, in which the amount involved or the value of the subject-matter in controversy shall exceed five hundred dollars, and in all criminal cases, writs of error and appeals shall lie from the district court for Alaska or from any division thereof, to the circuit court of appeals for the ninth circuit, and the judgments, orders, and e r rti f y i g decrees of said court shall be final in all such cases. But questions to Supreme Court. whenever such circuit court of appeals may desire the instruction of the Supreme Court of the United States upon any question or proposition of law which shall have arisen m any such case, the court may certify such question or proposition to the Supreme Court, and thereupon the Supreme Court shall give its instruction upon the question or proposition certified to it, and its instructions shall be binding upon the circuit court of appeals. FAciSo atpSrt SEC. 135. All appeals, and writs of error, and other land, or Seattle. cases, coming from the district court for the district of Alaska to the circuit court of appeals for the ninth circuit, shall be entered upon the docket and heard at San Francisco, California, or at Portland, Oregon, or at Seattle,Washington, as the trial court before whom the case was tried Provnt of below shall fix and determine: Provided, That at any attorney. time before the hearing of any appeal, writ of error, or other case, the parties thereto, through their respective attorneys, may stipulate at which of the above-named places the same shall be heard, in which case the case shall be remitted to and entered upon the docket at the place so stipulated and shall be heard there. NONCONTIGUOUS TERRITORY AND CUBA. 481 CHAPTER SEVEN. THE COURT OF CLAIMS. Chapter 7. Court of Claim Seo. 136. Appointment, oath, and salary of judges. 137. Seal. 138. Session; quorum. 139. Officers of the court. 140. Salaries of officers. 141. Clerk's bond. 142. Contingent fund. 143. Reports to Congress; copies for departments, etc. 144. Members of Congress not to practice in the court. 145. Jurisdiction. Par. 1. Claims against the United States. 2. Set-offs. 3. Disbursing officers. 146. Judgments for set-off or counterclaims; how enforced. 147. Decree on accounts of disbursing officers. 148. Claims referred by departments. 149. Procedure in cases transmitted by departments. 150. Judgments in cases transmitted by departments; how paid. 151. Either House of Congress may refer certain claims to court. 152. Costs may be allowed prevailing party. 153. Claims growing out of treaties not cognizable therein. 154. Claims pending in other courts. 155. Aliens. 156. All claims to be filed within six years; exceptions. 157. Rules of practice; may punish contempts. 158. Oaths and acknowledgments. 159. Petitions and verification. 160. Petition dismissed, when. 161. Burden of proof and evidence as to loyalty. 162. Claims for proceeds arising from sales of abandone property. 163. Commissioners to take testimony. 164. Power to call upon departments for information. 165. When testimony not to be taken. 166. Examination of claimant. 167. Testimony; where taken. 168. Witnesses before commissioners. 169. Cross-examinations. 170. Witnesses; how sworn. 171. Fees of commissioners, by whom paid. 172. Claims forfeited for fraud. 173. Claims under act of June 16, 1874. 174. New trial on motion of claimant. 175. New trial on motion of United States. 176. Cost of printing record. 177. No interest on claims. 178. Effect of payment of judgment. 179. Final judgments a bar. 180. Debtors to the United States may have amount due ascertained. 181. Appeals. 182. Appeals in Indian cases. 183. Attorney General's report to Congress. 184. Loyalty a jurisdictional fact in certain cases. 185. Attorney General to appear for the defense. 186. Persons not to be excluded as witnesses on account of color or because of interest; plaintiff may be witness for Government. 187. Reports of court to Congress. SEC. 136. The Court of Claims, established by the Act cfonstitte anof chief justice and of February twenty-fourth, eighteen hundred and fifty- four judges. five, shall be continued. It shall consist of a chief justice p. 194. see 10 and four judges, who shall be appointed by the President, by and with the advice and consent of the Senate, and hold their offices during good behavior. Each of them Oath. shall take an oath to support the Constitution of the United States, and to discharge faithfully the duties of his office. The chief justice shall be entitled to receive salaris an annual salary of six thousand five hundred dollars, and each of the other judges an annual salary of six thousand dollars, payable monthly, from the Treasury. 482 LAWS RE IATING TO INSYBA AND MILITARY AFFAIBS. R. S., e0 1O SEC. 137. The Court of Claims shall have a seal, with p. 14. such device as it may order. 8R. e 101 SEC. 138. The Court of Claims shall hold one annual p. 194. session at the city of Washington, beginning on the first Monday in December and continuing as long as may be necessary for the prompt disposition of the business of the Quorum court. Any three of the judges of said court shall constitute a quorum, and may hold a court for the transacecisions. tion of business: Provided, That the concurrence of three judges shall be necessary to the decision of any case. Officers. SEC. 139. The said court shall appoint a chief clerk, an R. s., sec. 1051, assistant clerk, if deemed necessary, a bailiff, and a chief messenger. The clerks shall take an oath for the faithful discharge of their duties, and shall be under the direction of the court in the performance thereof; and for misconduct or incapacity they may be removed by it from office; but the court shall report such removals, with the cause thereof, to Congress, if in session, or if not, at the Bailiff. next session. The bailiff shall hold his office for a term of four years, unless sooner removed by the court for cause. Salaries of of- SEC. 140. The salary of the chief clerk shall be three. s., sec. 1054, thousand five hundred dollars a year; of the assistant p. 194. clerk two thousand five hundred dollars a year; of the bailiff one thousand five hundred dollars a year, and of the chief messenger one thousand dollars a year, payable monthly from the Treasury. onde of chief SEC. 141. The chief clerk shall give bond to the United R.S., sec. 1055, States in such amount, in such form, and with such p. 195. security as shall be approved by the Secretary of the Treasury. Disbursements SEC. 142. The said clerk shall have authority when he of con t ingent fund. has given bond as provided in the preceding section, to R. s., sec. 1056, disburse, under the direction of the court, the contingent fund which may from time to time be appropriated for its use; and his accounts shall be settled by the proper accounting officers of the Treasury in the same way as the accounts of other disbursing agents of the Government are settled. juStements o SEC. 143. On the first day of every regular session congres. of Congress, the clerk of the Court of Claims shall transmit to Congress a full and complete statement of all the judgments rendered by the court during the previous year, stating the amounts thereof and the parties in whose favor they were rendered, together with a brief synopsis of the nature of the claims upon which they were Decisi o n teo rendered. At the end of every term of the court he shall transmit a copy of its decisions to the heads of departments to the Solicitor, the Comptroller, and the Auditors of the Treasury; to the Commissioner of the General Land Office and of Indian Affairs; to the chiefs of bureaus, and to other officers charged with the adjustment of claims against the United States. Meumbers of Con SEC. 144. Whoever, being elected or appointed a Sen-, et., prac- ator, Member of, or Delegate to Congress, or a Resident ticg C. ommissioner, shall, after his election or appointment, NONCONTIGUOUS TEB3ITORY AND CUBA. 483 and either before or after he has qualified, and during his continuance in office, practice in the Court of Claims, shall be fined not more than ten thousand dollars and imprisoned not more than two years; and shall, moreover, thereafter be incapable of holding any office of honor, trust, or profit under the Government of the United States. SEC. 145. The Court of Claims shall have jurisdiction Jursdiction. to hear and determine the following matters: First. All claims (except for pensions) founded upon Claim' on conthe Constitution of the United States or any law of Con- United States. gress, upon any regulation of an Executive Department, upon any contract, express or implied, with the Government of the United States, or for damages, liquidated or Damages, not unliquidated, in cases not sounding in tort, in respect of oud to which claims the party would be entitled to redress against the United States either in a court of law, equity, or admiralty if the United States were suable: Provided, however, That nothing in this section shall be WPorloims construed as giving to the said court jurisdiction to hear etc., barred. and determine claims growing out of the late civil war, and commonly known as "war claims," or to hear and determine other claims which, prior to March third) eighteen hundred and eighty-seven, had been rejected or reported on adversely by any court, department, or commission authorized to hear and determine the same. Second. All set-offs, counterclaims, claims for dam- etC ountclaim ages, whether liquidated or unliquidated, or other de-eminent. mands whatsoever on the part of the Government of the United States against any claimant against the Government in said court: Provided, That no suit against the Pr ion o Government of the United States, brought by any officer suits for official of the United States to recover fees for services alleged servces. to have been performed for the United States, shall be allowed under this chapter until an account for said fees shall have been rendered and finally acted upon as required by law, unless the proper accounting officer of the Treasury fails to act finally thereon within six months after the account is received in said office. Third. The claim of any paymaster, quartermaster, Lo8 by disY ' bursing officers. commissary of subsistence, or other disbursing officer of the United States, or of his administrators or executors, for relief from responsibility on account of loss by capture or otherwise, while in the line of his duty, of Government funds, vouchers, records, or papers in his charge, and for which such officer was and is held responsible. SEC. 146. Upon the trial of any cause in which any Determination of counterclaims, set-off, counterclaim, claim for damages, or other demand etc. is set up on the part of the Government against any per- p. 1".c 1061, son making claim against the Government in said court, the court shall hear and determine such claim or demand both for and against the Government and claimant; and if upon the whole case it finds that the claimant is indebted to the Government it shall render judgment to that effect, and such judgment shall be final, with the 484 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. right of appeal, as in other cases provided for by law. aEnforeamett Any transcript of such judgment, filed in the clerk's office of any district court, shall be entered upon the records thereof, and shall thereby become and be a judgment of such court and be enforced as other judgments in such court are enforced. Decree o fd SEC. 147. Whenever the Court of Claims ascertains the counts of disbursmofficer. facts of any loss by any paymaster, quartermaster, comp. 96'.see 10 missary of subsistence, or other disbursing officer, in the cases hereinbefore provided, to have been without fault or negligence on the pa'rt of such officer, it shall make a decree setting forth the amount thereof, and upon such decree the proper accounting officers of the Treasury shall allow to such officer the amount so decreed as a credit in the settlement of his accounts. byClaims referred SEC. 148. When any claim or matter is pending in any R. s. sec. 10, of the executive departments which involves controverted p. 196. questions of fact or law, the head of such department may transmit the same, with the vouchers, papers, documents and proofs pertaining thereto, to the Court of Claims and the same shall be there proceeded in under Findings, such rules as the court may adopt. When the facts and conclusions of law shall have been found, the court shall report its findings to the department by which it was Judgments in transmitted for its guidance and action: Provided, howcertain cases. ever, That if it shall have been transmitted with the consent of the claimant, or if it shall appear to the satisfaction of the court upon the facts established, that under existing laws or the provisions of this chapter it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, in the latter case giving to either party such further opportunity for hearing as in its judgment justice shall require, and shall report its findings therein to the department by which the same Transmittal of was referred to said court. The Secretary of the Treasmatters from departments. ury may, upon the certificate of any auditor, or of the Comptroller of the Treasury, direct any claim or matter, of which, by reason of the subject matter or character, the said court might under existing laws, take jurisdiction on the voluntary action of the claimant, to be transmitted, with all the vouchers, papers, documents and proofs pertaining thereto, to the said court for trial and adjudication. R. S., sec. 10, SEC. 149. All cases transmitted by the head of any dep. 197. ' partment, or upon the certificate of any auditor, or of the Comptroller of the Treasury, according to the provisions of the preceding section, shall be proceeded in as other cases pending in the Court of Claims, and shall, in all respects, be subject to the same rules and regulations. PJument of SEC. 150. The amount of any final judgment or decree R. s.,ec. 1065, rendered in favor of the claimant, m any case transp. 197. mitted to the Court of Claims under the two preceding sections, shall be paid out of any specific appropriation applicable to the case, if any such there be; and where no such appropriation exists, the judgment or decree shall be NONCOTIGUJOUS T33RIiTOtY AND CUBA. 485 paid in the same manner as other judgments of the said court. SEC. 151. Whenever any bill, except for a pension, is Claims referd pending in either House of Congress providing for the payment of a claim against the United States, legal or equitable, or for a grant, gift, or bounty to any person, the House in which such bi is pending may, for the investigation and determination of facts, refer the same to the Court of Claims, which shall proceed with the same in accordance with such rules as it may adopt and report to teport of facts, such House the facts in the case and the amount, where the same can be liquidated, including any facts bearing upon the question whether there has been delay or laches in presenting such claim or applying for such grant, gift, or bounty, and any facts bearing upon the question whether the bar of any statute of limitation should be removed or which shall be claimed to excuse the claimant for not having resorted to any established legal remedy, together with such conclusions as shall be sufficient to in- Conclusions. form Congress of the nature and character of the demand, either as a claim, legal or equitable, or as a gratuity against the United States, and the amount, if any, legally or equitably due from the United States to the claimant: Provided, however, That if it shall appear to the satisfac- PIroto. tion of the court upon the facts established, that under ings, etc. existing laws or the provisions of this chapter, the subject matter of the bill is such that it has jurisdiction to render judgment or decree thereon, it shall proceed to do so, giving to either party such further opportunity for hearing as in its judgment justice shall require, and it shall report its proceedings therein to the House of Congress by which the same was referred to said court. SEC. 152. If the Government of the United States shall Allowance of put in issue the right of the plaintiff to recover, the court c may, in its discretion, allow costs to the prevailing party from the time of joining such issue. Such costs, however, shall include only what is actually incurred for witnesses, and for summoning the same, and fees paid to the clerk of the court. SEC. 153. The jurisdiction of the said court shall not Trety claims extend to any claim against the Government not pending R. S., sec. 1066, therein on December first, eighteen hundred and sixty-two, p' 197. growing out of or dependent on any treaty stipulation entere into with foreign nations or with the Indian tribes. SEC. 154. No person shall file or prosecute in the Court nClaims pending in other courts of Claims, or in the Supreme Court on appeal therefrom, excluded. any claim for or in respect to which he or any assignee of p. 97 sec. 1067. his has pending in any other court any suit or process against any person who, at the time when the cause of action alleged in such suit or process arose, was, in respect thereto, acting or professing to act, mediately or immediately, under the authority of the L nited States. SEC. 155. Aliens who are citizens or subjects of any Reciproca0 government which accords to citizens of the United rRs.5., ec.08 States the right to prosecute claims against such govern- p 197. 486 LAWS RBLATING TO IWStLAR At ) MILITARY AFFAIRS. nent in its courts, shall have the privilege of prosecuting claims against the United States in the Court of Claims, whereof such court, by reason of their subject matter and character, might take jurisdiction. led within six SE 156. Every claim against the United States cogyers. nizable by the Court of Claims, shall be forever barred p.1978 ec 1069 unless the petition setting forth a statement thereof is filed in the court, or transmitted to it by the Secretary of the Senate or the Clerk of the House of Representatives, as provided by law, within six years after the claim first ights of mar-accrues: Provided, That the claims of married women, first ried women, in-accrued during marriage, of persons under the age of ore, etc. twenty-one years, first accrued during minority, and of idiots, lunatics, insane persons, and persons beyond the seas at the time the claim accrued, entitled to the claim, shall not be barred if the petition be filed in the court or transmitted, as aforesaid, within three years after the disability has ceased; but no other disability than those enumerated shall prevent any claim from being barred, nor shall any of the said disabilities operate cumulatively. Rules of prac- SEC. 157. The said court shall have power to establish tice, etc. R. S., sec. 1070. rules for its government and for the regulation of practice p. 198. therein, an it may punish for contempt in the manner prescribed by the common law, may appoint commissioners, and may exercise such powers as are necessary to carry into effect the powers granted to it by law. Oaths,'etc.1 SEC. 158. The judges and clerks of said court may adp. 198. minister oaths and affirmations, take acknowledgements of instruments in writing, and give certificates of the same. Petitions. SEC. 159. The claimant shall in all cases fully set forth Details. R. S. sec. 1072, in his petition the claim, the action thereon in Congress p.198. or by any of the departments, if such action has been had, what persons are owners thereof or interested therein, when and upon what consideration such persons became so interested; that no assignment or transfer of said claim or of any part thereof or interest therein has been made, except as stated in the petition; that said claimant is justly entitled to the amount therein claimed from the United States after allowing all just credits and offsets; that the claimant and, where the claim has been assigned, the original and every prior owner thereof, if a Allegiance, etc. citizen, has at all times borne true allegiance to the Government of the United States, and, whether a citizen or not, has not in any way voluntarily aided, abetted, or given encouragement to rebellion against the said Government, and that he believes the facts as stated in the erification. aid petition to be true. The said petition shall be verified by the affidavit of the claimant, his agent or attorney. leDimissal if a- SEc. 160. The said allegations as to true allegiance and proven. ' voluntary aiding) abetting, or giving encouragement to p.Rg., sec 1073, rebellion against the Government may be traversed by the Government, and if on the trial such issues shall be decided against the claimant, his petition shall be dismissed. NONCONTIGUOUS TERRITORY AND CUBA. 487 SEc. 161. Whenever it is material in any claim to as- Proof Af0oYity certain whether any person did or did not give any aid r1sau. I'. or comfort to forces or government of the late Confederate p. R19 ec.1074, States during the Civil War, the claimant asserting the loyalty of any such person to the United States during such Civil War shall be required to prove affirmatively that such person did, during said Civil War, consistently adhere to the United States and did give no aid or comfort to persons engaged in said Confederate service in said Civil War. SEC. 162. The Court of Claims shall have jurisdiction atPr Jnerty 8t to hear and determine the claims of those whose property Jurisdiction to was taken subsequent to June the first, eighteen hundred for. and sixty-five, under the provisions of the Act of Congress approved March twelfth, eighteen hundred and sixtythree, entitled "An Act to provide for the collection of abandoned property and for the prevention of frauds in insurrectionary districts within the United States," and Acts amendatory thereof where the property so taken was sold and the net proceeds thereof were placed in the Treasury of the United States; and the Secretary of the Treasury shall return said net proceeds to the owners Returns of pro thereof, on the judgment of said court, and full jurisdiction is given to said court to adjudge said claims, any statutes of limitations to the contrary notwithstanding. SEc. 163. The Court of Claims shall have power to commi86er8 W to taket i eatIappoint commissioners to take testimony to be used in mony. the investigation of claims which come before it, to pre- p.Rg sec. 10765 scribe the fees which they shall receive for their services, and to issue commissions for the taking of such testimony, whether taken at the instance of the claimant or of the United States. SEC. 164. The said court shall have power to call upon Inform a t o n etc., from departany of the departments for any information or papers it ments and Conmay deem necessary, and shall have the use of all recorded grs., ec 1076, and printed reports made by the committees of eachP 198. House of Congress, when deemed necessary in the prosecution of its business. But the head of any department Disretlog oi may refuse and omit to comply with any call for information or papers when, in his opinion, such compliance would be injurious to the jpublic interest. SEC. 165. When it appears to the court in any case that mWoen tst the facts set forth in the petition of the claimant do not taken. furnish any ground for relief, it shall not authorize the p.R 9Sec. 1077, taking of any testimony therein. SEc. 166. The court may, at the instance of the attor- lExamina^tonol ney or solicitor appearing in behalf of the United States, R. S., Wec. 10l80 make an order in any case pending therein, directing any P. 99. claimant in such case to appear, upon reasonable notice, before any commissioner of the court and be examined on oath touching any or all matters pertaining to said claim. Such examination shall be reduced to writing by the said commissioner, and be returned to and filed in the court, and may, at the discretion of the attorney or solicitor of the United States appearing in the case, be read and used 488 LAWS RELATIN'tO TO ITStTLAI AND MIILTARY AFFAIBA. Acton o tcf as evidence on the trial thereof. And if any claimant, uto ty, eafter such order is made and due and reasonable notice thereof is given to him, fails to appear, or refuses to testify or answer fully as to all matters within his knowledge material to the issue, the court may, in its discretion, order that the said cause shall not be brought forward for trial until he shall have fully complied with the order of the court in the premises. Pe for tak- SEC. 167. The testimony in cases pending before the R. s., sec. 1081, Court of Claims shall be taken in the county where the P 199. witness resides, when the same can be conveniently done. Isue or sub SEC. 168. The Court of Claims may issue subpoenas to R. 8., sec. 1082, require the attendance of witnesses in order to be examP. 19. ined before any person commissioned to take testimony therein. Such subpoenas shall have the same force as if issued from a district court, and compliance therewith shall be compelled under such rules and orders as the court shall establish. Cro"s-examina- SEC. 169. In taking testimony to be used in support of. S., sec. 1083, any claim, opportunity shall be given to the United States. 199. to file interrogatories, or by attorney to examine witnesses, under such regulations as said court shall prescribe; and like opportunity shall be afforded the claimant, in cases where testimony is taken on behalf of the United States, under like regulations. Oaths to wit- SEC. 170. The commissioner taking testimony to be R. S., sec. 1084, used in the Court of Claims shall administer an oath or. 1" affirmation to the witnesses brought before him (or examination. Commissioner's SEC. 171. When testimony is taken for the claimant, R.., sec. 1085, the fees of the commissioner before whom it is taken, P. 19. and the cost of the commission and notice, shall be paid by such claimant; and when it is taken at the instance of the Government, such fees shall be paid out of the contingent fund provided for the Court of Claims, or other appropriation made by Congress for that purpose. Claiforfeited SEC. 172. Any person who corruptly practices or atR. s., sec. 106, tempts to practice any fraud against the United States p. 199. in the proof, statement, establishment, or allowance of any claim or of any part of any claim against the United States shall, ipso facto, forfeit the same to the Government; and it shall be the duty of the Court of Claims, in such cases, to find specifically that such fraud was practiced or attempted to be practiced, and thereupon to give judgment that such claim is forfeited to the Government, and that the claimant be forever barred from prosecuting the same. Fourth of July SEC. 173. No claim shall be allowed by the accounting claims. Not to be al-officers under the provisions of the Act of Congress aped, cessof y proved June sixteenth, eighteen hundred and seventytualloss. our, or by the Court of Claims, or by Congress, to any person where such claimant, or those under whom he claims, shall willfully, knowingly, and with intent to defraud the United States, have claimed more than was justly due in respect of such claim, or presented any false NONcOOXTIGIOvvUS TPMI1OR' AXDfl CtRA. 489 evidence to Congress, or to any department or court, in support thereof. SEC. 174. When judgment is rendered against any es trials o claimant, the court may grant a new trial for any reason ant. which, by the rules of common law or chancery in suits p.." between individuals, would furnish sufficient ground for granting a new trial. SEC. 175. The Court of Claims, at any time while any New tria on motion of United claim is pending before it, or on appeal from it, or within states. two years next after the final disposition of such claim, p.o8sec. 88 may, on motion, on behalf of the United States, grant a new trial and stay the payment of any judgment therein upon such evidence, cumulative or otherwise, as shall satisfy the court that any fraud, wrong, or injustice in the premises has been done to the United States; but until an order is made staying the payment of a judgment, the same shall be payable and paid as now provided by law. SEC. 176. There shall be taxed against the losing party JrtaP n^rd in each and every cause pending in the Court of Claims ingparty. the cost of printing the record in such case, which shall be collected, except when the judgment is against the United States, by the clerk of said court and paid into the Treasury of the United States. SEC. 177. No interest shall be allowed on any claim Interet allowup to the time of the rendition of judgment thereon by R. S., sec. 1091, the Court of Claims, unless upon a contract expressly p 200 stiptlating for the payment of interest. SEC. 178. The payment of the amount due by any Payment afull judgment of the Court of Claims, and of any interest..,sec. 1092, thereon allowed by law, as provided by law, shall be a p.200 full discharge to the United States of all claim and demand touching any of the matters involved in the controversy. SEC..179. Any final judgment against the claimant on mFnal u d gments a bar. any claim prosecuted as provided in this chapter shall R.., sec. 1093, forever bar any further claim or demand against the P' United States arising out of the matters involved in the controversy. SEC. 180. Whenever any person shall present his peti- Petiti on sfor settlement of untion to the Court of Claims alleging that he is or has been adjusted acindebted to the United States as an officer or agent count bonds, thereof, or by virtue of any contract therewith, or that he is the guarantor, or surety, or personal representative of any officer or agent or contractor so indebted, or that he or the person for whom he is such surety, guarantor, or personal representative has held any office or agency under the United States, or entered into any contract therewith, under which it may be or has been claimed I that an indebtedness to the United States had arisen and exists, and that he or the person he represents has applied to the proper department of the Government requesting that the account of such office, agency or indebtedness may be adjusted and settled, and that three 490 LAWS RELATING TO INSUTLAB ANDt MILITARY AFFAIRS. years have elapsed from the date of such application, and said account still remains unsettled and unadjusted, and that no suit upon the same has been brought by the Npti to d- United States, said court shall, due notice first being given to the head of said department and to the Attorney General of the United States, proceed to hear the parties and to ascertain the amount, if any, due the United States on said account. The Attorney General shall represent the United States at the hearing of s id cause. The court may postpone the same from time to time Finality of whenever justice shall require. The judgment of said court or of the Supreme Court of the United States, to which an appeal shall lie, as in other cases, as to the amount due, shall be binding and conclusive upon the parties. The payment of such amount so found due by mA0 on judg the court shall discharge such obligation. An action shall accrue to the United States against such principal, or surety, or representative to recover the amount so found due, which may be brought at any time within three years after the final judgment of said court; and unless suit shall be brought within said time, such claim and Examinations. the claim on the original indebtedness shall be forever barred. The provisions of section one hundred and sixty-six shall apply to cases under this section. Appel. SEC. 181. The plaintiff or the United States, in any suit brought under the provision of the section last preceding, shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed. Appas teIn- SEC. 182. In any case brought in the Court of Claims under any Act of Congress by which that court is authorized to render a judgment or decree against the United States, or against any Indian tribe or any Indians, or against any fund held in trust by the United States for any Indian tribe or for any Indians, the claimant, or the United States, or the tribe of Indians, or other party in interest shall have the same right of appeal as is conferred under sections two hundred and forty-two and two hundred and forty-three; and such right shall be exercised only within the time and in the manner therein prescribed. ^Report ofui SEC. 183. The Attorney General shall report to Congress, at the beginning of each regular session, the suits under section one hundred and eighty, in which a final judgment or decree has been rendered, giving the date of each and a statement of the costs taxed in each case. dso^ltyaris SEC. 184. In any case of a claim for supplies or stores oenr owIg out taken by or furnished to any part of the military or naval of War' forces of the United States for their use during the late Civil War, the petition shall aver that the person who furnished such supplies or stores, or from whom such supplies or stores were taken, did not give any aid or comfort to said rebellion, but was throughout that war loyal to the Government of the United States. and the fact of such NONCONTIGUOUS TERRITORY AND CUBA. 491 loyalty shall be a jurisdictional fact; and unless the said D i, met court shall, on a preliminary inquiry, find that the person who furnished such supplies or stores, or from whom the same were taken as aforesaid, was loyal to the Government of the United States throughout said war, the court shall not have jurisdiction of such cause, and the same shall, without further proceedings, be dismissed. SEC. 185. The Attorney-General, or his assistants under ney onerAtts his direction, shall appear for the defense and protection of the interests of the United States in all cases which may be transmitted to the Court of Claims under the provisions of this chapter, with the same power to interpose counter claims, offsets, defenses for fraud practiced or attempted to be practiced by claimants, and other defenses, in like manner as he is required to defend the United States in said court. SEC. 186. No person shall be excluded as a witness in Witnesee not excluded because the Court of Claims on account of color, because he or she of color or interis a party to or interested in the cause or proceeding; andet any plaintiff or party in interest may be examined as a witness on the part of the Government. SEC. 187. Reports of the Court of Claims to Congress, R ttoonunder sections one hundred and forty-eight and one hun- until actWd une, dred and fifty-one, if not finally acted upon during the session at which they are reported, shall be continued from session to session and from Congress to Congress until the same shall be finally acted upon. CHAPTER EIGHT. Chapter 8. THE COURT OF CUSTOMS APPEALS. Court of Cup toms Appeals. Sec. 188. Court of Customs Appeals; appointment and salary of judges; quorum; circuit and district judges may act in place of judge disqualified, etc. 189. Court to be always open for business; terms may be held in any circuit; when expenses of judges to be paid. 190. Marshal of the court; appointment, salary, and duties. 191. Clerk of the court; appointment, salary, and duties. 192. Assistant clerk, stenographic clerks, and reporter; appointment, salary, and duties. 193. Rooms for holding court to be provided; bailiffs and messengers. 194. To be a court of record; to prescribe form and style of seal, and establish rules and regulations; may affirm, modify, or reverse and remand case, etc. Sec. 195. Final decisions of Board ol General Appraisers to be reviewed only by Customs Court. 196. Other courts deprived of jurisdiction in customs cases; pending cases excepted. 197. Transfer to Customs Court of pending cases; completion of testimony. 198. Appeals from Board ot General Appraisers; time within which to be taken; record to be transmitted to customs court. 199. Records filed in Customs Court to be at once placed on calendar; calendar to be called every sixty days. 492 LAWS REIATING TO INSULAR AND MILITARY AFFAIRS. To idint oad SEC. 188. There shall be a United States Court of Cusour associate toms Appeals, which shall consist of a presiding judge and Judgt sy four associate judges, each of whom shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive a salary of seven thousand dolr e s i d ing lars a year. The presiding judge shall be so designated in the order of appointment and in the commission issued to him by the President; and the associate judges shall have precedence according to the date of their commissions. Quorum. Any three members of said court shall constitute a quorum, and the concurrence of three members shall be vcanies necessary to any decision thereof. In case of a vacancy or of the temporary inability or disqualification, for any reason, of one or two of the judges of said court, the President may, upon the request of the presiding judge of said court, designate any qualified United States circuit or district judge or judges to act in his or their place; and such circuit or district judges shall be duly qualified to so act. Always open. SEC. 189. The said Court of Customs Appeals shall Sessions in the several circuits. always be open for the transaction of business, and sessions thereof may, in the discretion of the court, be held in the several judicial circuits, and at such places as said Allotnce or court may from time to time designate. Any judge who, travel, etc., ex.c e h n pensa in pursuance of the provisions of tis chapter shall attend a session of said court at any place other than the city of Washington, shall be paid, upon his written and itemized certificate, by the marshal of the district in which the court shall be held, his actual and necessary expenses incurred for travel and attendance, and the actual and necessary expenses of one stenographic clerk who may accompany him; and such payments shall be allowed the marshal in the settlement of his accounts with the United States. sral.ct o SEC. 190. Said court shall have the services of a marIn District o! columbia. shal, with the same duties and powers, under the regulations of the court, as are now provided for the marshal of the Supreme Court of the United States, so far as the same may be applicable. Said services within the District of Columbia shall be performed by a marshal to be appointed by and to hold office during the pleasure of the court, who shall receive a salary of three thousand utsiadetheDi- dollars per annum. Said services outside of the District of Columbia shall be performed by the United States marshals in and for the districts where sessions of said court may be held; and to this end said marshals shall contingent cx- be the marshals of said court. The marshal of said court, ene for the District of Columbia, is authorized to purchase, under the direction of the presiding judge, such books, periodicals, and stationery, as may be necessary for the use of said court; and such expenditures shall be allowed and paid by the Secretary of the Treasury upon claim duly made and approved by said presiding judge. ce in w - SEC. 191: The court shall appoint a clerk, whose office igto, D. C shall be in the city of Washington, District of Columbia, NONCONTIGUOUS TERRITORY AND CUBA. 493 and who shall perform and exercise the same duties and powers in regard to all matters within the jurisdiction of said court as are now exercised and performed by the clerk of the Supreme Court of the United States, so far as the same may be applicable. The salary of the clerk shall be slwy, etc. three thousand five hundred dollars per annum, which sum shall be in full payment for all service rendered by such clerk; and all fees of any kind whatever, and all costs shall be by him turned into the United States Treasury. Said clerk shall not be appointed by the court or any dUiriction on judge thereof as a commissioner, master, receiver, or referee. The costs and fees in the said court shall be fixed and established by said court in a table of fees to be adopted and approved by the Supreme Court of the United States within four months after the organization of said court: Provided, That the costs and fees so fixed Profeo. shall not, with respect to any item, exceed the costs and fees charged in the Supreme Court of the United States; and the same shall be expended, accounted for, and paid over to the Treasury of the United States. SEC. 192. In addition to the clerk, the court may ap- eAdditional point an assistant clerk at a salary of two thousand dollars per annum, five stenographic clerks at a salary of one thousand six hundred dollars per annum each, one stenographic reporter at a salary of two thousand five hundred dollars per annum, and a messenger at a salary of eight hundred and forty dollars per annum, all payable in equal monthly installments, and all of whom, including the clerk, shall hold office during the pleasure of and perform such duties as are assigned themby the court. Said tiReoetter, dt reporter shall prepare and transmit to the Secretary of the Treasury once a week in time for publication in the Treasury Decisions copies of all decisions rendered to that date by said court, and prepare and transmit, under the direction of said court, at least once a year, reports of said c iReipor0 t of e decisions rendered to that date, constituting a volume, printed, etc. which shall be printed by the Treasury Department in such numbers and distributed or sold in such manner as the Secretary of the Treasury shall direct. SEC. 193. The marshal of said court for the District of Rocos in pubColumbia and the marshals of the several districts in which said Court of Customs Appeals may be held shall, under the direction of the Attorney General, and with his approval, provide such rooms in the public buildings of the United States as may be necessary for said court: Proeo e Prodded, That in case proper rooms can not be provided where. in such buildings, then the said marshals, with the approval of the Attorney General, may, from time to time, lease such rooms as may be necessary for said court. The bailiffs and messengers of said court shall be allowed the Bailis, etc. same compensation for their respective services as are allowed for similar services in the existing district courts. In no case shall said marshals secure other rooms than those regularly occupied by existing district courts, or other 494 LAWS RELATING TO INSULAR XND MILITARY AFFAIRS. public officers, except where such can not by reason of actual occupancy or use, be occupied or usei by said Court of Customs A ppeals. Generalpowers. SEC. 194. The said Court of Customs Appeals shall be a court of record, with jurisdiction as in this chapter established and limited, It shall prescribe the form and style of its seal, and the form of its writs and other process and procedure, and exercise such powers conferred by law as Rtules and, pro may be conformable and necessary to the exercise of its cedure. jurisdiction. It shall have power to establish all rules and regulations for the conduct of the business of the court, and as may be needful for the uniformity of deciE xten t of sions within its jurisdiction as conferred bylaw.' It shall seisns, etc.ew have power to review any decision or matter within its jurisdiction, and mav affirm, modify, or reverse the, same and remand the case' with such orders as may seem to it propr in the premises, which shall be executed accordE xcusive ap- SEC. 195. The Court of Customs Appeals established by Ion of final de- this chapter shall exercise exclusive appellate jurisdiction cisione by Bor to review by anneal, as herein provided, final decisions of GeneralAp praisers. by a Board of General Appraisers in all cases as to the construction of the law and the facts respecting the classification of merchandise and the rate of duty imposed thereon under such classification, and the fees and charges connectedl therewith, and all appealable questions as to the jurisdiction of said board, an~ all appealable questions as to the laws and regulations governing the collection of 3 n d g m e n t s the customs revenues; and the judgments and decrees of finaLsaid Court of Customs Appeals shall be final in all such cases. Other courts de- SEC. 196. After the organization of said court, no appeal pied of alppel- _, Fart ejurisdiction, Shall be taken or allowed from any Board of Unitedt, tates General Appraisers to any other court, and no appellate+ jurisdiction shall thereafter be exercised or allowed byan other courts in cases decided by said Board of Untd States General Appraisers; jut all appeals allowed by law from such Board of General A ppraisers shall be subject to review only in the Court of Customs Appeals hereby established, according to the provisions of this chapter: Proviso. PrvddTanohninti hpeshlbeemd Case pending Pr IdeTanohnintichpesalbeemd I n s up r e m e to deprive the Supreme Court of the United States of Court, etc., e-jurisdiction to hear anid determine all customs cases which cepted. have heretofore been certified to said court from the United States circuit courts of appeals on applications for w-rits of certiorari or otherwise, nor to review by writ of certiorari any customs case heretofore decided or now pending and hereafter decided byany circuit court of appeals,. provided application frsaid writ be made within six months after August fifth, nineteen hundred Review of de- and nine: Providedjurther, That all customs cases decided clalons in circuit, etc., courts prior by a circuit or district court of the United States or a court to August 6, 1N909o a Territory of the United States prior to said date a*fove mentioned, and which have not been removed froft' said NONCONTIGUOUS TERRITORY AND CUBA. 495 courts by appeal or writ of error, and all such cases theretofore submitted for decision in said courts and remaining undecided may be reviewed on appeal at the instance of either party by the United States Court of Customs Appeals, provided such appeal be taken within one year from the date of the entry of the order, judgment, or decrees sought to be reviewed. SEC. 197. Immediately upon the organization of the peang er o Court of Customs Appeals, all cases within the jurisdiction of that court pending and not submitted for decision in any of the United States circuit courts of appeals, United States circuit, territorial or district courts, shall with the record and samples therein, be certified by saic courts to said Court of Customs Appeals for further proceedings in accordance herewith: Provided, That where pltion of orders for the taking of further testimony before a referee testimony. have been made in any of such cases, the taking of such testimony shall be completed before such certification. SEC. 198. If the importer, owner, consignee, or agent of BAe f r o m Board of General any imported merchandise, or the collector or Secretary Appraisers. of the Treasury, shall be dissatisfied with the decision of the Board of General Appraisers as to the construction of the law and the facts respecting the classification of such merchandise and the rate of duty imposed thereon under such classification, or with any other appealable decision of said board, they, or either of them, may, within sixty days Time limit. next after the entry of such decree or judgment, and not afterwards, apply to the Court of Customs Appeals for a review of the questions of law and fact involved in such decision: Provided, That in Alaska and in the insular and Provso. other outside possessions of the United States ninety days shall be allowed for making such application to the Court Application, of Customs Appeals. Such application shall be made by et' filing in the office of the clerk of said court a concise statement of errors of law and fact complained of; and a copy of such statement shall be served on the collector, or on the importer, owner, consignee, or agent, as the case may be. Thereupon the court shall immediately order the Record, etc to Board of General Appraisers to transmit to said court the be transmitted. record and evidence taken by them, together with the certified statement of the facts involved in the case and their decision thereon; and all the evidence taken by and before said board shall be competent evidence before said Court of Customs Appeals. The decision of said Court of cFisnlity of de Customs Appeals shall be final, and such cause shall be remanded to said Board of General Appraisers for further proceedings to be taken in pursuance of such determination. SEC. 199. Immediately upon receipt of any record trans- calendar. mitted to said court for determination the clerk thereof shall place the same upon the calendar for hearing and submission; and such calendar shall be called and all cases earing.thereupon submitted, except for good cause shown, at least once every sixty days: Provided, That such calendar Poir.d Au. need not be called during the months of July and August gust. of any year. 28872~-S. Doc. 306, 62-2 —34 496 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Chapter 9. C ommerce Court. CHAPTER NINE. THE COMMERCE COURT. See. 200. Commerce Court created; judges of, appointment and designation; expense allowance to judges. 201. Additional circuit judges; appointment and assignment. 202. Officers of the court; clerk, marshal, etc.; salaries, etc. 203. Court. to be always open for business; sessions of, to be held in Washington and elsewhere. 204. Marshals to provide rooms for holding court outside of Washington. 205. Assignment of judges to other duty; vacancies, how filled. 206. Powers of court and judges; writs, process, procedure, etc. 207. Jurisdiction of the court. 208. Suits to enjoin, etc., orders of Interstate Commerce Commission to be against United States; restraining orders, when granted without notice. Sec. 209. Jurisdiction of the court, how invoked; practice and procedure. 210. Final judgments and decrees reviewable in Supreme Court. 211. Suits to be against United States; when United States may intervene. 212. Attorney General to control all cases; Interstate Commerce Commission may appear as of right; parties interested may intervene, etc. 213. Complainants may appear and be made parties to case. 214. Pending cases to be transferred to Commerce Court; exception; status of transferred cases. To consist of SEC. 200. There shall be a court of the United States, judgesc to be known as the Commerce Court, which shall be a court of record, and shall have a seal of such form and style as the cqurt may prescribe. The said court shall be Designation. composed of five judges, to be from time to time designated and assigned thereto by the Chief Justice of the United States, from among the circuit judges of the United States, for the period of five years, except that in the first instance the court shall be composed of the five additional circuit judges referred to in the next succeeding section, who shall be designated by the President to serve for one, two, three, four, and five years, respectively, in order that the period of designation of one of Filling vacan- the said judges shall expire in each year thereafter. In case of the death, resignation, or termination of assignment of any judge so designated, the Chief Justice shall designate a circuit judge to fill the vacancy so caused and to serve during the unexpired period for which the original Subs equent designation was made. After the year nineteen hundred and fourteen no circuit judge shall be redesignated to serve in the Commerce Court until the expiration of at least one year after the expiration of the period of his last P r e s i d i n g previous designation. The judge first designated for the five-year period shall be the presiding judge of said court, and thereafter the judge senior in designation shall be the Precedence. presiding judge. The associate judges shall have precedence and shall succeed to the place and powers of the NONCONTIGUOUS TERRITORY AND CUBA. presiding judge whenever he may be absent or incapable of acting in the order of the date of their designations. Four of said judges shall constitute a quorum, and at Quorum. least a majority of the court shall concur in all decisions. Each of the judges during the period of his service in the Commerce Court shall, on account of the regular sessions of the court being held in the city of Washington, receive in addition to his salary as circuit judge an expense allow- Additionalpay. ance at the rate of one thousand five hundred dollars per annum. SEC. 201. The five additional circuit judges authorized ad8ignment of additional circuit by the Act to create a Commerce Court, and for other judges. purposes, approved June eighteenth, nineteen hundred and ten, shall hold office during good behavior, and from time to time shall be designated and assigned by the Chief Justice of the United States for service in the district court of any district, or the circuit court of appeals for any circuit, or in the Commerce Court, and when so designated and assigned for service in a district court or circuit court of appeals shall have the powers and jurisdiction in this Act conferred upon a circuit judge in his circuit. SEC. 202. The court shall also have a clerk and a mar- Clerk and marshal. shal, with the same duties and powers, so far as they may be appropriate and are not altered by rule of the court, as are now possessed by the clerk and marshal, respectively, of the Supreme Court of the United States. The offices of the clerk and marshal of the court shall be in the city of Washington, in the District of Columbia. The judges Offices in Washington, of the court shall appoint the clerk and marshal, and may D.Wshin also appoint, if they find it necessary, a deputy clerk and Deputies. deputy marshal; and such clerk, marshal, deputy clerk, and deputy marshal, shall hold office during the pleasure of the court. The salary of the clerk shall be four thou- salaries, eto. sand dollars per annum; the salary of the marshal three thousand dollars per annum; the salary of the deputy clerk two thousand five hundred dollars per annum; and the salary of the deputy marshal two thousand five hundred dollars per annum. The said clerk and marshal may, with the approval of the court, employ all requisite assistance. The costs and fees in said court shall be Costs and fes. established by the court in a table thereof, approved by the Supreme Court of the United States within four months after the organization of the court; but such costs and fees shall in no case exceed those charged in the Supreme Court of the United States, and shall be accounted for and paid into the Treasury of the United States. SEC. 203. The Commerce Court shall always be open Permanently for the transaction of business. Its regular sessions shall open. be held in the city of Washington, in the District of; Sessions in Columbia; but the powers of the court or of any judge W gton. thereof, or of the clerk, marshal, deputy clerk, or deputy marshal, may be exercised anywhere in the United Elsewher. States; and for expedition of the work of the court and 498 LAWS RELATING TO INSULAB AND MILITARY AFFAIRS. the avoidance of undue expense or inconvenience to suitors the court shall hold sessions in different parts of the United States as may be found desirable. The'actual and necessary expenses of the judges, clerk, marshal, deputy clerk, and deputy marshal of the court incurred Eipenses ont- for travel and attendance elsewhere than in the city of side of Washington. Washington shall be paid upon the written and itemized certificate of such judge, clerk, marshal, deputy clerk, or deputy marshal, by the marshal of the court, and shall be allowed to him in the settlement of his accounts with the United States. Court rooms SEC. 204. The United States marshals of the several outside of Washington. districts outside of the city of Washington in which the Commerce Court may hold its sessions shall provide, under the direction and with the approval of the Attorney General, such rooms in the public buildings of the United States as may be necessary for the court's use; but in case proper rooms can not be provided in such public buildings, said marshals, with the approval of the Attorney General, may then lease from time to time other necessary rooms for the court. judges to ther SEC. 205. If, at any time, the business of the Commerce duty. Court does not require the services of all the judges, the Chief Justice of the United States may, by writing, signed by him and filed in the Department of Justice, terminate the assignment of any of the judges or temporarily assign him for service in any district court or circuit court of Supplying va-appeals. In case of illness or other disability of any judge assigned to the Commerce Court the Chief Justice of the United States may assign any other circuit judge of the United States to act in his place, and may terminate such assignment when the exigency therefor shall cease; and any circuit judge so assigned to act in place of such judge shall, during his assignment, exercise all the powers and perform all the functions of such judge. oan ges of court SEC. 206. In all cases within its jurisdiction the Commerce Court, and each of the judges assigned thereto, shall, respectively, have and may exercise any and all of the powers of a district court of the United States and of the judges of said court, respectively, so far as the same may be appropriate to the effective exercise of the jurisssue ofprocess. diction hereby conferred. The Commerce' Court may issue all writs and process appropriate to the full exercise of its jurisdiction and powers and may prescribe the form thereof. It may also, from time to time, establish such rules and regulations concerning pleading, practice, or procedure in cases or matters within its jurisdiction as to rocdurec of the court shall seem wise and proper. Its orders writs, proess. and process may run, be served, and be returnable anywhere in the United States: and the marshal and deputy marshal of said court and also the United States marshals and deputy marshals in the several districts of the United States shall have like powers and be under like duties to act for and in behalf of said court as pertain to United States marshals and deputy marshals generally when NONCONTIGUOUS TERRITORY AND CUBA. 499 acting under like conditions concerning suits or matters in the district courts of the United States. SEC. 207. The Commerce Court shall have the juris- Jurisdiction. diction possessed by circuit courts of the United States and the judges thereof immediately prior to June eighteenth, nineteen hundred and ten, over all cases of the following kinds: First. All cases for the enforcement, otherwise than by To ffot orot ders of Interstate adjudication and collection of a forfeiture or penalty or Commerce cornby infliction of criminal punishment, of any order of the miio't p ayInterstate Commerce Commission other than for the mentormoney. payment of money. Second. Cases brought to enjoin, set aside, annul, orTo enjoin, ct. suspend in whole or m part any order of the Interstate mission. Commerce Commission. Third. Such cases as by section three of the Act, To prventunentitled "An Act to further regulate commerce with for- tions by carriers. eign nations and among the States," approved February nineteenth, nineteen hundred and three, are authorized to be maintained in a circuit court of the United States. Fourth. All such mandamus proceedings as under the Mandamus pro, provisions of section twenty or section twenty-three of cdgs, crrrs. the Act entitled "An Act to regulate commerce," approved February fourth, eighteen hundred and eightyseven, as amended, are authorized to be maintained in a circuit court of the United States. Nothing contained in this chapter shall be construed Limitation. as enlarging the jurisdiction now possessed by the circuit courts of the United States or the judges thereof, that is hereby transferred to and vested in the Commerce Court. The jurisdiction of the Commerce Court over cases of clusiictionex the foregoing classes shall be exclusive; but this chapter cases not inshall not affect the jurisdiction possessed by any circuit cluded. or district court of the United States over cases or proceedings of a kind not within the above-enumerated classes. SEC. 208. Suits to enjoin, set aside, annul, or suspend uits to enjoin, etc., orders of any order of the Interstate Commerce Commission shall commission to be be brought in the Commerce Court against the United ates. Uted States. The pendency of such suit shall not of itself stay or suspend the operation of the order of the Interstate Commerce Commission; but the Commerce Court, in its discretion, may restrain or suspend, in whole or in part, the operation of the commission's order pending the final hearing and determination of the suit. No order or pemporarys injunction so restraining or suspending an order of the vent irreparable Interstate Commerce Commission shall be made by the damage. Commerce Court otherwise than upon notice and after hearing, except that in cases where irreparable damage would otherwise ensue to the petitioner, said court, or a judge thereof may, on hearing after not less than three Limit days' notice to the Interstate Commerce Commission and the Attorney General, allow a temporary stay or suspension in whole or in part of the operation of the order of the Interstate Commerce Commission for not more 500 IAWS RELATING TO INSULAR AND MILITARY AFFAIRS. than sixty days from the date of the order of such court or judge, pending application to the court for its order or injunction, in which case the said order shall contain a specific finding, based upon evidence submitted to the judge making the order and identified by reference thereto that such irreparable damage would result to the petitioner and specifying the nature of the damage. The continuance, court may, at the time of hearing such application, upon a like finding, continue the temporary stay or susy.nsion in whole or in part until its decision upon the application. Filiong etitions SEC. 209. The jurisdiction of the Commerce Court shall be invoked by filing in the office of the clerk of the court a written petition setting forth briefly and succinctly the facts constituting the petitioner's cause of action, and coservi. o specifying the relief sought. A copy of such petition shall be forthwith served by the marshal or a deputy marshal of the Commerce Court or by the proper United States marshal or deputy marshal upon every defendant therein named, and when the United States is a party defendant, the service shall be made by filing a copy of said petition in the office of the Secretary of the Interstate Commerce Commission and in the Department of Answers. Justice. Within thirty days after the petition is served, unless that time is extended by order of the court or a judge thereof, an answer to the petition shall be filed in the clerk's office, and a copy thereof mailed to the petitioner's attorney, which answer shall briefly and categoriNo replication, cally respond to the allegations of the petition. No replication need be filed to the answer, and objections to the sufficiency of the petition or answer as not setting forth a cause of action or defense must be taken at the final hearing or by motion to dismiss the petition based on said grounds, which motion may be made at any time Relief if no an- before answer is filed. In case no answer shall be filed swer filed. as provided herein the petitioner may apply to the court on notice for such relief as may be proper upon the facts deTaking evi- alleged in the petition. The court may, by rule, prescribe the method of taking evidence in cases pending in said court; and may prescribe that the evidence be taken before a single judge of the court, with power to rule upon the admission of evidence. Except as may be otherwise provided in this chapter, or by rule of the court, the practice and procedure in the Commerce Court shall conform as nearly as may be to that in like cases in a district court of the United States. Appeals to Su- SEC. 210. A final judgment or decree of the Commerce Court may be reviewed by the Supreme Court of the United States if appeal to the Supreme Court be taken by an aggrieved party within sixty days after the entry of said final judgment or decree. Such appeal may be taken in like manner as appeals from a district coart of the United States to the Supreme Court, and the Commerce Court may direct the original record to be transmitted on appeal instead of a transcript thereof. The Supreme Court may affirm, reverse, or modify the final judgment NONCONTIGUOUS TERRITORY AND CUBA. 501 or decree of the Commerce Court as the case may require. Appeal to the Supreme Court, however, shall in no case No sta ofjudgment unless Susupersede or stay the judgment or decree of the Com- preme Court so merce Court appealed from, unless the Supreme Court direct. or a justice thereof shall so direct; and appellant shall give bond in such form and of such amount as the Supreme Court, or the justice of that court allowing the stay, may require. An appeal may also be taken to the Supreme Appeals on in Court of the United States from an interlocutory order 'u S or decree of the Commerce Court granting or continuing an injunction restraining the enforcement of an order of the Interstate Commerce Commission, provided such appeal be taken within thirty days from the entry of such order or decree. Appeals to the Supreme Court under Priority of this section shall have priority in hearing and determination over all other causes except criminal causes in that court. SEC. 211. All cases and proceedings in the Commerce unitued Stat T" s ubstituted for Court which but for this chapter would be brought by Comission in all or against the Interstate Commerce Commission, shallc be brought by or against the United States, and the United States may intervene in any case or proceeding in the Commerce Court whenever, though it has not been made a party, public interests are involved. SEC. 212. The Attorney General shall have charge and ertney Gt e control of the interests of the Government in all cases and cases. proceedings in the Commerce Court, and in the Supreme Court of the United States upon appeal from the Commerce Court. If in his opinon the public interest ne8al attorrequires it, he may retain and employ in the name of the sist. United States, within the appropriations from time to time made by the Congress for such purposes, such special attorneys and counselors at law as he may think necessary to assist in the discharge of any of the duties incumbent upon him and his subordinate attorneys; and the Attorney Compensation. General shall stipulate with such special attorneys and counsel the amount of their compensation, which shall not be in excess of the sums appropriated therefor by Congress for such purposes, and shall have supervision of their action: Provided, That the Interstate Commerce Pparotans of Commission and any party or parties in interest to the commission parproceeding before the commission, in which an order or e. in requirement is made, may appear as parties thereto of their own motion and as of rght, and be represented by their counsel, in any suit wherein is involved the validity of such order or requirement or any part thereof, and the interest of such party- and the court wherein is pending such suit may make al such rules and orders as to such appearances and representations, the number of counsel, and all matters of procedure, and otherwise, as to subserve the ends of justice and speed the determination of such suits: Provided frther, That communities, associa- estday inter tions, corporations, firms, and individuals who are inter- vene. ested in the controversy or question before the Interstate 602 LAWS REALATING TO INSULAR AND MILITARY APFAIRS. Commerce Commission, or in any suit which may be brought by any one under the provisions of this chapter, or the Acts of which it is amendatory or which are amendatory of it. relating to action of the Interstate Commerce Commission, may intervene in said suit or proceedings at any time after the institution thereof; IRighsof iter- and the Attorney General shall not dispose of or discontinue said suit or proceeding over the objection of such party or intervenor aforesaid, but said intervenor or intervenors may prosecute, defend, or continue said suit or proceeding unaffected by the action or non-action of the Attorney General therein. plaints to cbe SEC. 213. Complainants before the Interstate Commade paties,etc. rperce Commission interested in a case shall have the right to appear and be made parties to the case and be represented before the courts by counsel, under such regulations as are now permitted in similar circumstances under the rules and practice of equity courts of the United States. cDispspalr o SEC. 214. Until the opening of the Commerce Court, openngofcourt. all cases and proceedings of which from that time the Commerce Court is hereby given exclusive jurisdiction may be brought in the same courts and conducted in like manner and with like effect as is now provided by law; and if any such case or proceedings shall have gone to final judgment or decree before the opening of the Commerce Court, appeal may be taken from such final judgment or decree in like manner and with.like effect as is wdi S ass now provided by law. Any such case or proceeding within the jurisdiction of the Commerce Court which may have been begun in any other court as hereby allowed, before the said date, shall be forthwith transferred to the Commerce Court, if it has not yet proceeded to final judgExeption. ment or decree in such other court unless it has been finally submitted for the decision of such court, in which case the cause shall proceed in such court to final judgment or decree and further proceeding thereafter, and appeal may be taken direct to the Supreme Court; and if remanded, such cause may be sent back to the court from which the appeal was taken or to the Commerce Court for further proceeding as the Supreme Court shall direct. stat oeases t previous proceedings in such transferred case shall stand and operate notwithstanding the transfer, subject to the same control over them by the Commerce Court and to the same right of subsequent action in the case or proceeding as if the transferred case or proceeding had Original papers, been originally begun in the Commerce Court. The clerk etd.t be traLs Of the court from which any case or proceeding is so transferred to the Commerce Court shall transmit to and file in the Commerce Court the originals of all papers filed in such case or proceeding and a certified transcript of all record entries in the case or proceeding up to the time of transfer. XONCONTIGUOUS TERRITORY AND CUBA. CHAPTER TEN. 503 Chapter 10. THE SUPRE: See. 215. Number of justices. 216. Precedence of the associate justices. 217. Vacancy in the office of Chief Justice. 218. Salaries of justices. 219. Clerk, marshal, and reporter. 220. The clerk to give bond. 221. Deputies of the clerk. 222. Records of the old court of appeals. 223. Tables of fees. 224. Marshal of the SupremeCourt. 225. Duties of the reporter. 226. Reporter's salary and allowances. 227. Distribution of reports and digests. 228. Additional reports and digests; limitation upon cost; estimates to be submitted to Congress annually. 229. Distribution of Federal Reporter, etc., and Digests. 230. Terms. 231. Adjournment for want of a quorum. 232. Certain orders made by less than quorum. 233. Original disposition. 234. Writs of prohibition and mandamus. 235. Issues of fact. 236. Appellate jurisdiction. 237. Writs of error from judgments and decrees of State courts. 238. Appeals and writs of error from United States district courts. 239. Circuit court of appeals may certify questions to Supreme Court for instructions. ME COURT. The Supreme Court. Sec. 240. Certiorari to circuit court of appeals. 241. Appeals and writs of error in other cases. 242. Appeals from Court of Claims. 243. Time and manner of appeals from the Court of Claims. 244. Writs of error and appeals from supreme court of and United States district court for Porto Rico. 245. Writs of error and appeals from the Supreme Courts of Arizona and New Mexico. 246. Writs of error and appeals from the Supreme Court of Hawaii. 247. Appeals and writs of error from the district court for Alaska direct to Supreme Court in certain cases. 248. Appeals and writs 'of error from the Supreme Court of the Philippine Islands. 249. Appeals and writs of error when a Territory becomes a State. 250. Appeals and writs of error from the Court of Appeals of the District of Columbia. 251. Certiorari to Court of Appeals, District of Columbia. 252. Appellate jurisdiction under the bankruptcy act. 253. Precedence of writs of error to State courts. 254. Cost of printing records. 255. Women may be admitted to practice. SEC. 215. The Supreme Court of the United States Comrosition. shall consist of a Chief Justice of the United States and p. 125. eight associate justices, any six of whom shall constitute Quorum. a quorum. SEC. 216. The associate justices shall have precedence Precedence. R. B., sec. 674, according to the dates of their commissions, or, when the p. 125. commissions of two or more of them bear the same date, according to their ages. SEC. 217. In case of a vacancy in the office of Chief oe ofaChief Ju Justice, or of his inability to perform the duties and tice. R. S,,'sec. 675, powers of his office, they shall devolve upon the associate p. 125. 75 justice who is the first in precedence, until such disability is removed, or another Chief Justice is appointed and duly qualified. This provision shall apply to every associate justice who succeeds to the office of Chief Justice. 504 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 218. The Chief Justice of the Supreme Court of the United States shall receive the sum of fifteen thousand dollars a year, and the justices thereof shall receive the sum of fourteen thousand five hundred dollars a year each, to be paid monthly. officers. SEC. 219. The Supreme Court shall have power to R. B., sec. 617, p. 125. appoint a clerk and a marshal for said court, and a reporter of its decisions. Bond. SEC. 220. The clerk of the Supreme Court shall, before he enters upon the execution of his office, give bond, with sufficient sureties, to be approved by the court, to the United States, in the sum of not less than five thousand and not more than twenty thousand dollars, to be determined and regulated by the Attorney General, faithfully to discharge the duties of his office, and seasonably to record the decrees, judgments, and determinations of the Nw bond. court. The Supreme Court may at any time, upon the motion of the Attorney General, to be made upon thirty days' notice, require a new bond, or a bond for an increased amount within the limits above prescribed; and the failure of the clerk to execute the same shall vacate his office. All bonds given by the clerk shall, after approval, be recorded in his office, and copies thereof from the records, certified by the clerk under seal of the court, shall be competent evidence in any court. The original bonds shall be filed in the Department of Justice. Deput clerks.t SEC. 221. One or more deputies of the clerk of the and tenure. Supreme Court may be appointed by the court on the p..12,sec 678 application of the clerk, and may be removed at the pleasure of the court. In case of the death of the clerk, his deputy or deputies shall, unless removed, continue in office and perform the duties of the clerk in his name until a clerk is appointed and qualified; and for the defaults or misfeasances in office of any such deputy, whether in the lifetime of the clerk or after his death, the clerk, and his estate, and the sureties on his official bond shall be liable; and his executor or administrator shall have such remedy for any such defaults or misfeasances committed after his death as the clerk would be entitled to if the same had occurred in his lifetime. court of appeals. SEC. 222. The records and proceedings of the court of R. S., sec. 679, appeals, appointed previous to the adoption of the present p.125. Constitution, shall be kept in the office of the clerk of the Supreme Court, who shall give copies thereof to any person requiring and paying for them, in the manner provided by law for giving copies of the records and proceedings of the Supreme Court; and such copies shall have like faith and credit with all other proceedings of said court. Yeea6 SEC. 223. The Supreme Court is authorized and empowered to prepare the tables of fees to be charged by the clerk thereof. Sarshand du- SEC. 224. The marshal is entitled to receive a salary at te. the rate of four thousand five hundred dollars a year. He p.s8. shall attend the court at its sessions; shall serve and NONCONTIGUOUS TERRITORY AND CUBA. 505 execute all process and orders issuing from it, or made by the Chief Justice or an associate justice in pursuance of law; and shall take charge of all property of the United States used by the court or its members. With the Asistants et approval of the Chief Justice he may appoint assistants and messengers to attend the court, with the compensation allowed to officers of the House of Representatives of similar grade. SEC. 225. The reporter shall cause the decisions of the Reporter. Supreme Court to be printed and published within eight R. S., se. 81, months after they are made; and within the same time he p 125. shall deliver three hundred copies of the volumes of said reports to the Attorney General. The reporter shall, in any year when he is so directed by the court, cause to be printed and published a second volume of said decisions, of which he shall deliver a like number of copies in like manner and time. SEC. 226. The reporter shall be entitled to receive from sawY. the Treasury an annual salary of four thousand five hundred dollars when his report of said decisions constitutes one volume, and an additional sum of one thousand two hundred dollars when, by direction of the court, he causes to be printed and published in any year a second Additiona volume; and said reporter shall be annually entitled to clerk hire in the sum of one thousand two hundred dollars, and to office rent, stationery, and contingent expenses in the sum of six hundred dollars: Provided, That the vol- Ptevoume. umes of the decisions of the court heretofore published shall be furnished by the reporter to the public at a sum not exceeding two dollars per volume, and those hereafter published at a sum not exceeding one dollar and seventyfve cents per volume; and the number of volumes now required to be delivered to the Attorney General shall be furnished by the reporter without any charge therefor. Said salary and compensation, respectively, shall be paid Conditions. only when he causes such decisions to be printed, published, and delivered within the time and in the manner prescribed by law, and upon the condition that the volumes of said reports shall be sold by him to the public for a price not exceeding one dollar and seventy-five cents a volume. SEC. 227. The Attorney General shall distribute copies upreme Court of the Supreme Court reports, as follows: To the Presi- "istributionby dent, the justices of the Supreme Court, the judges of the eral.y G Commerce Court, the judges of the Court of Customs Ap- p.' 12.see 83 peals, the judges of the circuit courts of appeals, the judges of the district courts, the judges of the Court of Claims, the judges of the Court of Appeals and of the Supreme Court of the District of Columbia, the judges of the several Territorial courts, the Secretary of State, the Secretary of the Treasury, the Secretary of War, the Secretary of the Navy, the Secretary of the Interior, the Postmaster General, the Attorney General, the Secretary of Agriculture, the Secretary of Commerce and Labor, the Solicitor 506 LAWS RMLATING TO INSULAR AND MILITARY AFFAIRS. General, the Assistant to the Attorney General, each Assistant Attorney General, each United States district attorney, each Assistant Secretary of each Executive Department, the Assistant Postmasters General,.the Secretary of the Senate for the use of the Senate, the Clerk of the House of Representatives for the use of the House of Representatives, the Governors of the Territories, the Solicitor for the Department of State, the Treasurer of the United States, the Solicitor of the Treasury, the Register of the Treasury, the Comptroller of the Treasury, the Comptroller of the Currency, the Commissioner of Internal Revenue, the Director of the Mint, each of the six Auditors in the Treasury Department, the Judge Advocate General, War Department, the Paymaster General, War Department, the Judge Advocate General, Navy Department, the Commissioner of Indian Affairs, the Commissioner of Pensions, the Commissioner of the General Land Office, the Commissioner of Patents, the Commissioner of Education, the Commissioner of Labor, the Commissioner of Navigation, the Commissioner of Corporations, the Commissioner General of Immigration, the Chief of the Bureau of Manufactures, the Director of the Geological Survey, the Director of the Census, the Forester, Department of Agriculture, the Purchasing Agent, Post Office Department, the Interstate Commerce Commission, the Clerk of the Supreme Court of the United States, the Marshal of the Supreme Court of the United States, the Attorney for the District of Columbia, the Naval Academy at Annapolis, the Military Academy at West Point, and the heads of such other executive offices as may be provided by law, of equal grade with any of said offices, each one copy; to the Law Library of the Supreme Court, twenty-five copies; to the Law Library of the Department of the Interior, two copies; to the Law Library of the Department of Justice, two copies; to the Secretary of the Senate for the use of the committees of the Senate, twenty-five copies; to the Clerk of the House of Representatives for the use of the committees of the House, thirty copies; to the Marshal of the Supreme Court of the United States, as custodian of the public property used by the court, for the use of the justices thereof in the conference room, robing room, and court room, three copies; to the Secretary of War for the use of the proper courts and officers of the Philippine Islands and for the headquarters of military departments in the United States, twelve copies; and to each of the places where district courts of the United States are now,ddotif n e ts holden, including Hawaii, and Porto Rico, one copy. He gets. shall also distribute one complete set of said reports, and one set of the digests thereof, to such executive officers as are entitled to receive said reports under this section and have not already received them, to each United States judge and to each United States district attorney who has not received a set, to each of the places where district courts are now held to which said reports have not been distributed, and NONCONTIGUOUS TERRITORY AND CUBA. 507 to each of the places at which a district court may hereafter be held, the edition of said reports and digests to be selected by the judge or officer receiving them. No Restricti. distribution of reports and digests under this section shall be made to any place where the court is held in a building not owned by the United States, unless there be at such place a United States officer to whose responsible custody they can be committed. The clerks of said courts (except the Supreme Court) shall in all cases keep said reports and digest for the use of the courts and of the officers thereof. Such reports and digest shall remain the property of the United States, and shall be preserved by the officers above named and by them turned over to their successors in office. SEC. 228. The publishers of the decisions of the Addltional Supreme Court shall deliver to the Attorney General, in price. addition to the three hundred copies delivered by the Reporter, such number of copies of each report heretofore published, as the Attorney General may require, for which he shall pay not more than two dollars per volume, and such number of copies of each report hereafter published as he may require, for which he shall pay not more than one dollar and seventy-five cents per volume. The Esstima^te r cost of reports Attorney General shall include in his annual estimates and digests. submitted to Congress, an estimate for the current volumes of such reports, and also for the additional sets of reports and digests required for distribution under the section last preceding. SEC. 229. The Attorney General is authorized to pro- Feder' lR I. ter, etc., ad cure complete sets of the Federal Reporter or, in his digests. discretion, other publication containing the decisions of distibuio. nd the circuit courts of appeals, circuit courts, and district courts, and digests thereof, and also future volumes of the same as issued, and distribute a copy of each such reports and digests to each place where a circuit Court of appeals, or a district court, is now or may hereafter regularly be held, and to the Supreme Court of the United States, the Court of Claims, the court of Customs Appeals, the Commerce Court, the Court of Appeals and the Supreme Court of the District of Columbia, the Attorney General, the Solicitor General, the Solicitor of the Treasury, the Assistant Attorney General for the Department of the Interior, the Commissioner of Patents, and the Interstate Commerce Commission; and to the Secretary of the Senate, for the use of the Senate, and to the Clerk of the House of Representatives, for the use of the House of Representatives, not more than three sets each. Whenever any such court room, office, mplet 31 or officer shall have a partial or complete set of any such reports, or digests, already purchased or owned by the United States, the Attorney General shall distribute to such court room, office, or officer, only sufficient volumes to make a complete set thereof. No distribution of reports comdtion. or digests under this section shall be made to any place where the court is held in a building not owned by the 508 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. United States, unless there be at such place a United States officer to whose responsible custody they can be Prom. committed. The clerks of the courts (except the Supreme Court) to which the reports and digests are distributed under this section, shall keep such reports and digests for the use of the courts and the officers thereof. All reports and digests distributed under the provisions of this section shall be and remain the property of the United States and, before distribution, shall be plainly marked on their covers with the words "The Property of the United States," and shall be transmitted by the Price for vol- officers receiving them to their successors in office. Not umes. to exceed two dollars per volume shall be paid for the back and current volumes of the Federal Reporter or other publication purchased under the provisions of this section, and not to exceed five dollars per volume for the digest, the said money to be disbursed under the direcbEstiate f tion of the Attorney General; and the Attorney General numbers. shall include in his annual estimates submitted to Congress, an estimate for the back and current volumes of such reports and digests, the distribution of which is provided for in this section. R. S. sec. 684, SEC. 230. The Supreme Court shall *hold at the seat of p. 16. government, one term annually, commencing on the second Monday in October, and such adjourned or special terms as it may find necessary for the dispatch of business. for ck of quo- SEC. 231. If, at any session of the Supreme Court, a rum. quorum does not attend on the day appointed for holding p. 16 e. 85 it, the justices who do attend may adjourn the court from day to day for twenty days after said appointed time, unless there be sooner a quorum. If a quorum does not attend within said twenty days, the business of the court shall be continued over till the next appointed session; and if, during a term, after a quorum has assembled, less than that number attend on any day, the justices attending may adjourn the court from day to day until there is a quorum, or may adjourn without day. Orders, etc.,qby SEC. 232. The justices attending at any term, when lm. less than a quorum is present, may, within the twenty R. S., sec. 686, p. se 6. days mentioned in the preceding section, make all necessary orders touching any suit, proceeding, or process, depending in or returned to the court, preparatory to the hearing, trial, or decision thereof. Original juri SEe. 233. The Supreme Court shall have exclusive R. S., sec. 687, jurisdiction of all controversies of a civil nature where a p. 127. State is a party, except between a State and its citizens, or between a State and citizens of other States, or aliens, in which latter cases it shall have original, but not exclua t 8 it^srs et sive, jurisdiction. And it shall have exclusively all such jurisdiction of suits or proceedings against am assadors or other public ministers, or their domestics or domestic servants, as a court of law can have consistently with the law of nations; and original, but not exclusive, jurisdic NONCONTIGUOUS TERRITORY AND CUBA. 509 tion, of all suits brought by ambassadors, or other public ministers, or in which a consul or vice consul is a party. SEC. 234. The Supreme Court shall have power to bition andpohiissue writs of prohibition to the district courts, when damus. proceeding as courts of admiralty and maritime jurisdic- p. 127. sec 6 tion; and writs of mandamus, in cases warranted by the principles and usages of law, to any courts appointed under the authority of the United States, or to persons holding office under the authority of the United States, where a State, or an ambassador, or other public minister, or a consul, or vice consul is a party. SEC. 235. The trial of issues of fact in the Supreme Issuesoffact. Court, in all actions at law against citizens of the United p. 28.se 6892 States, shall be by jury. SEC. 236. The Supreme Court shall have appellate juris- diAppelat j diction in the cases hereinafter specially provided for. R. s., sec. 690, p. 128. SEC. 237. A final judgment or decree in any suit in the fWris of error from State courts. highest court of a State in which a decision in the suit R. S., sec. 709, could be had, where is drawn in question the validity of a p. 33. treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under any State, on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity; or where any title, right, privilege, or immunity is claimed under the Constitution, or any treaty or statute of, or commission held or authority exercised under, the United States, and the decision is against the title, right, privilege, or immunity especially set up or claimed, by either party, under such Constitution, treaty, statute, commission, or authority, may be reexamined and reversed or affirmed in the Supreme Court upon a writ of error. The writ shall have the same Effect of write effect as if the judgment or decree complained of had been rendered or passed in a court of the United States. The Decisin. Supreme Court may reverse, modify, or affirm the judgment or decree of such State court, and may, at their discretion, award execution or remand the same to the court from which it was removed by the writ. SEC. 238. Appeals and writs of error may be taken from Appealssad writs of error dithe district courts, including the United States district rect from district court for Hawaii, direct to the Supreme Court in the COt~ following cases: In any case in which the jurisdiction of the court is in issue, in which case the question of jurisdiction alone shall be certified to the Supreme Court from the court below for decision; from the final sentences and decrees in prize causes; in any case that involves the construction or application of the Constitution of the United States; in any case in which the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority is drawn in question; and in any case in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. 610 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. mittseds or i- SEC. 239. In any case within its appellate jurisdiction, structions from as defined in section one hundred and twenty-eight, the iat c.t 1 circuit court of appeals at any time may certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for its proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon the circuit court of appeals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. cirt oari to SEC. 240. In any case, civil or criminal, in which the circuit court of appeals. judgment or decree of the circuit court of appeals is made final by the provisions of this Title, it shall be competent for the Supreme Court to require, by certiorari or otherwise, upon the petition of any party thereto, any such case to be certified to the Supreme Court for its review and determination, with the same power and authority in the case as if it had been carried by appeal or writ of error to the Supreme Court. Writs of error Sec. 241. In any case in which the judgment or decree cnrd apefrou of the circuit court of appeals is not made final by the appeals. provisions of this Title, there shall be of right an appeal or writ of error to the Supreme Court of the United States where the matter in controversy shall exceed one thousand dollars, besides costs. CourpeaCs frsom SEC. 242. An appeal to the Supreme Court shall be R. s., sec. 707, allowed on behalf of the United States, from all judgp. 132. ments of the Court of Claims adverse to the United States, and on behalf of the plaintiff in any case where the amount in controversy exceeds three thousand dollars, or where his claim is forfeited to the United States by the judgment of said court as provided in section one hundred and seventy-two. Tim andppman- SEC. 243. All appeals from the Court of Claims shall be from court of taken within ninety days after the judgment is rendered, Claims. R.., sec. 70, and shall be allowed under such regulations as the p. 132. Supreme Court may direct. nrits of error SEC. 244. Writs of error and appeals from the final and appeals from Porto Rican judgments and decrees of the supreme court of, and the courts. United States district court for, Porto Rico, may be taken and prosecuted to the Supreme Court of the United States, in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, or wherein the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder is denied, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs to be ascertained by the oath of either party or of other competent NONCONTIGUOUS TERRITORY AND CUBA, 511 witnesses, exceeds the sum or value of five thousand dollars. Such writs of error and appeals shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken to the Supreme Court of the United States from the district courts. SEC 245. Writs of error and appeals from the final wri^ of errf judgments and decrees of the supreme courts of the Terri- Arizona and New tories of Arizona and New Mexico may be taken and,ox 8suprme prosecuted to the Supreme Court of the United States in any case wherein is involved the validity of any copyright, or in which is drawn in question the validity of a treaty or statute of, or authority exercised under, the United States, without regard to the sum or value of the matter in dispute; and in all other cases in which the sum or value of the matter in dispute, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum orvalue of five thousand dollars. SEC. 246. Writs of error and appeals from the final Writ of earor judgments and decrees of the supreme court of the Terri- Hawai supreme tory of Hawaii may be taken and prosecuted to the Su- coUr preme Court of the United States, within the same time, m the same manner, under the same regulations, and in the same classes of cases, in which writs of error and appeals from the final judgments and decrees of the highest court of a State in which a decision in the suit could be had, may be taken and prosecuted to the Supreme Court of the United States under the provisions of section two hundred and thirty-seven; and also in all cases wherein the amount involved, exclusive of costs, to be ascertained by the oath of either party or of other competent witnesses, exceeds the sum or value of five thousand dollars. SEC. 247. Appeals and writs of error may be taken and Apeal oa n d prosecuted from final judgments and decrees of the dis- rect from Alaska trict court for the district of Alaska or for any division districtcourt. thereof, direct to the Supreme Court of the United States, in the following cases: In prize cases; and in all cases which involve the construction or application of the Constitution of the United States, or in which the constitutionality of any law of the United States or the validity or construction of any treaty made under its authority is drawn in question, or in which the constitution or law of a State is claimed to be in contravention of the Constitution of the United States. Such writs of error and appeal shall be taken within the same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the district courts to the Supreme Court. SEC. 248. The Supreme Court of the United States deRio?^te, shall have jurisdiction to review, revise, reverse, modify, reime court o or affirm the final judgments and decrees of the supreme lands. court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter 28872~-S. Doc. 306, 62-2 — 35 512 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. determined thereby, in which the Constitution, or any statute, treaty, title, right, or privilege of the United Amosunt ncon- States is involved, or in causes in which the value in controversy exceeds twenty-five thousand dollars, or in which the title or possession of real estate exceeding in value the sum of twenty-five thousand dollars, to be ascertained by the oath of either party or of other competent witnesses, is involved or brought in question; and such final judgments or decrees may and can be reviewed, revised, reversed, modified, or affirmed by said Supreme Court on appeal or writ of error by the party aggrieved, within the same time, in the same manner, under the same regulations, and by the same procedure, as far as applicable, as the final judgments and decrees of the district courts of the United States. Writs of error SEC. 249. In all cases where the judgment or decree of and appeals when Terr ltory be- any court of a Territory might be reviewed by the comes a State. Supreme Court on writ of error or appeal, such writ of error or appeal may be taken, within the time and in the manner provided by law, notwithstanding such Territory has, after such judgment or decree, been admitted as a State; and the Supreme Court shall direct the mandate to such court as the nature of the writ of error or appeal requires. pealuristrictof SEC. 250. Any final judgment or decree of the court of Columbia. appeals of the District of Columbia may be reexamined abses review- and affirmed, reversed, or modified by the Supreme Court of the United States, upon writ of error or appeal, in the following cases: Jurisdiction of First. In cases in which the jurisdiction of the trial issue. court is in issue; but when any such case is not otherwise reviewable in said Supreme Court, then the question of jurisdiction alone shall be certified to said Supreme Court for decision. Prize cases. Second. In prize cases. Questions involving Constitu- Third. In cases involving the construction or applition, laws, or cation of the Constitution of the United States, or the constitutionality of any law of the United States, or the validity or construction of any treaty made under its authority. trate laws consti Fourth. In cases in which the constitution, or any law tution. of a State, is claimed to be in contravention of the Constitution of the United States. Question of Fifth. In cases in which the validity of any authority Federal authority. exercised under the United States, or the existence or scope of any power or duty of an officer of the United States is drawn in question. Constrauction Sixth. In cases in which the construction of any law of the United States is drawn in question by the defendant. cosetfanals in Except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases arising under the patent laws, the copyright laws, the revenue laws, the criminal laws, and in ad NONCONTIGUOUS TERRITORY AND CUBA. 513 miralty cases; and, except as provided in the next succeeding section, the judgments and decrees of said court of appeals shall be final in all cases not reviewable as hereinbefore provided. Writs of error and appeals shall be taken within the Mgapneris, etEc. same time, in the same manner, and under the same regulations as writs of error and appeals are taken from the circuit courts of appeals to the Supreme Court of the United States. SEC. 251. In any case in which the judgment or decree COertiofrari to of said court of appeals is made final by the section last of cases made preceding, it shall be competent for the Supreme Court of final, forreview. the United States to require, by certiorari or otherwise, any such case to be certified to it for its review and determination, with the same power and authority in the case as if it had been carried by writ of error or appeal to said Supreme Court. It shall also be competent for said Instrction. court of appeals, in any case in which its judgment or decree is made final under the section last preceding, at any time to certify to the Supreme Court of the United States any questions or propositions of law concerning which it desires the instruction of that court for their proper decision; and thereupon the Supreme Court may either give its instruction on the questions and propositions certified to it, which shall be binding upon said court of appeals in such case, or it may require that the whole record and cause be sent up to it for its consideration, and thereupon shall decide the whole matter in controversy in the same manner as if it had been brought there for review by writ of error or appeal. SEC. 252. The Supreme Court of the United States is ruClaims sbank hereby invested with appellate jurisdiction of controver-ruptcy. sies arising in bankruptcy proceedings, from the courts of bankruptcy, from which it has appellate jurisdiction in other cases; and shall exercise a like jurisdiction from courts of bankruptcy not within any organized circuit of the United States and from the supreme court of the District of Columbia. An appeal may be taken to the Supreme Court of the Appeals from United States from any final decision of a court of appeals allowing or rejecting a claim under the laws relating to bankruptcy, under such rules and within such time as may be prescribed by said Supreme Court, in the following cases and no other: First. Where the amount in controversy exceeds the Amount in consum of two thousand dollars, and the question involved troversy, etc. is one which might have been taken on appeal or writ of error from the highest court of a State to the Supreme Court of the United States; or Second. Where some justice of the Supreme Court sAfcting conshall certify that in his opinion the determination of the ruptcolaws. question involved in the allowance or rejection of such claim is essential to a uniform construction of the laws relating to bankruptcy throughout the United States. 514 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Cases certoied Controversies may be certified to the Supreme Court of the United States from other courts of the United States, and the former court may exercise jurisdiction thereof, and may issue writs of certiorari pursuant to the provisions of the United States laws now in force or such as may be hereafter enacted. cri^eencesesf SEC. 253. Cases on writ of error to revise the judgment f r o m a state of a State court in any criminal case shall have precedence R. S., sec. 710, on the docket of the Supreme Court, of all cases to which p. 134. the Government of the United States is not a party, excepting only such cases as the court, in its discretion, may decide to be of public importance. Pting cost. SEC. 254. There shall be taxed against the losing party in each and every cause pending in the Supreme Court the cost of printing the record in such case, except when the judgment is against the United States. woAmento praf SEC. 255. Any woman who shall have been a member tio. of the bar of the highest court of any State or Territory, or of the court of appeals of the District of Columbia, for the space of three years, and shall have maintained a good standing before such court, and who shall be a person of good moral character, shall, on motion, and the production of such record, be admitted to practice before the Supreme Court of the United States. Chapter 11. CHAPTER ELEVEN. Provisions com- PROVISIONS COMMON TO MORE THAN ONE COURT. mo to more than one court. Sec. 256. Cases in which jurisdiction of United States courts shall be exclusive of State courts. 257. Oath of United States judges. 258. Judges prohibited from practicing law. 259. Traveling expenses, etc., of circuit justices and circuit and district judges. 260. Salary of judges after resignanation. 261. Writs of ne exeat. 262. Power to issue writs. 263. Temporary restraining orders. 264. Injunction; in what cases judge may grant. 265. Injunctions to stay proceedings in State courts. 266. Injunctions based upon alleged unconstitutionality of State statutes; when and by whom may be granted. bec. 267. When suits in equity may be maintained. 268. Power to administer oaths and punish contempts. 269. New trials. 270. Power to hold to security for the peace and good behavior. 271. Power to enforce awards of foreign consuls, etc., in certain cases. 272. Parties may manage their causes personally or by counsel. 273. Certain officers forbidden to act as attorneys. 274. Penalty for violating preceding section. dixctioonitedu SEa. 256. The jurisdiction vested in the courts of the staes courts. United States in the cases and proceedings hereinafter p. 8.,sec. 711 mentioned, shall be exclusive of the courts of the several States: Fedeas aw de First. Of all crimes and offenses cognizable under the authority of the United States. NONCONTIGUOUS TEBRITORY AND CUBA. 515 Second. Of all suits for penalties and forfeitures in-e Forfturesand eurred under the laws of the United States. Third. Of all civil causes of admiralty and maritime mAidmimty nd jurisdication; saving to suitors, in all cases, the right of a common-law remedy, where the common law is competent to give it. Fourth. Of all seizures under the laws of the United pi alS nd States, on land or on waters not within admiralty and ae maritime jurisdiction; of all prizes brought into the United States; and of all proceedings for the condemnation of property taken as prize. Fifth. Of all cases arising under the patent-right, or andtent-rights copyright laws of the United States. Sixth. Of all matters and proceedings in bankruptcy. Bankruptcy. Seventh. Of all controversies of a civil nature, where a Where a State State is a party, except between a State and its citizens, party. or between a State and citizens of other States, or aliens. Eighth. Of all suits and proceedings against ambas- coDisarmetd sadors, or other public ministers, or their domestics, or domestic servants, or against consuls or vice-consuls. SEc. 257. The justices of the Supreme Court, the FoCrmh of Judi. circuit judges, and the district judges, hereafter appointed, R. S., see. 712, shall take the following oath before they proceed to per- p. 135. form the duties of their respective offices: "I, -, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as according to the best of my abilities and understanding, agreeably to the Constitution and laws of the United States: So help me God." SEC. 258. It shall not be lawful for any judge appointed iu'ds prohibunder the authority of the United States to exercise the law. profession or employment of counsel or attorney, or to be p. 135. s 13 engaged in the practice of the law. Any person offending against the prohibition of this section shall be deemed guilty of a high misdemeanor. SEC. 259. The circuit justices, the circuit and district EanJe d ao-s judges of the United States, and the judges of the district awayfrom ofmcal courts of the United States in Alaska, Hawaii, and Porto resieno Rico, shall each be allowed and paid his necessary expenses of travel, and his reasonable expenses (not to exceed ten dollars per day) actually incurred for maintenance, consequent upon his attending court or transacting other official business in pursuance of law at any place other than his official place of residence, said expenses to be paid by the marshal of the district in which such court is held or official business transacted, upon the written certificate of the justice or judge. The official place of ofal res"residence of each justice and of each circuit judge while assigned to the Commerce Court shall be at Washington; and the official place of residence of each circuit and district judge, and of each judge of the district courts of the United States in Alaska, Hawaii, and Porto Rico, shall 516 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. be at that place nearest his actual residence at which either a circuit court of appeals or a district court is regularly held. Every such judge shall, upon his appointment, and from time to time thereafter whenever he may change his official residence, in writing notify the Depart. ment of Justice of his official place of residence. Retired judges. SEC. 260. When any judge of any court of the United States appointed to hold his office during good behavior resigns his office, after having held a commission or commissions as judge of any such court or courts at least ten years continuously, and having attained the age of seventy years, he shall, during the residue of his natural life, receive the salary which is payable at the time of his retirement for the office that he held at the time of his resignation. exits of ne SEC. 261. Writs of ne exeat may be granted by any R. S., sec. 717, justice of the Supreme Court, in cases where they might Restriction. be granted by the Supreme Court; and by any district judge, in cases where they might be granted by the district court of which he is a judge. But no writ of ne exeat shall be granted unless a suit in equity is commenced, and satisfactory proof is made to the court or judge granting the same that the defendant designs quickly to depart from the United States. Power to issue SEC. 262. The Supreme Court and the district courts writs. R. S., sec. 716, shall have power to issue writs of scire facias. The p. 136. Supreme Court, the circuit courts of appeals, and the district courts shall have power to issue all writs not specifically provided for by statute, which may be necessary for the exercise of their respective jurisdictions, and agreeable to the usages and principles of law. Temporary re- SEC. 263. Whenever notice is given of a motion for an R. S.t ses. 71, njunction out of a district court, the court or judge p. 136. thereof may, if there appears to be danger of irreparable injury from delay, grant an order restraining the act sought to be enjoined until the decision upon the motion; and such order may be granted with or without security, in the discretion of the court or judge. Injunctions. SEC. 264. Writs of injunction may be granted by any p. 136. se 719 justice of the Supreme Court in cases where they might be granted by the Supreme Court; and by any judge of a district court in cases where they might be granted by pssueC by ssu- such court. But no justice of the Supreme Court shall prem Court justices. hear or allow any application for an injunction or restraining order in any cause pending in the circuit to which he is allotted, elsewhere than within such circuit, or at such place outside of the same as the parties may stipulate in writing, except when it can not be heard by the district By circuit judge of the district. In case of the absence from the jif ltre tbd district of the district judge, or of his disability, any circuit judge of the circuit in which the district is situated may grant an injunction or restraining order in any case pending in the district court, where the same might be granted by the district judge. NOitCOXTIGtUOUS TERRITORY AND CUBA. 517 SEC. 265. The writ of injunction shall not be granted to njateou n by any court of the United States to stay proceedings in cept in bankany court of a State, except in cases where such injune- ruptcy. tion may be authorized by any law relating to proceedings in bankruptcy. SEC. 266. No interlocutory injunction suspending or Inbunction restraining the enforcement, operation, or execution of stitutionality of any statute of a State by restraining the action of any State laws. officer of such State in the enforcement or execution of such statute, shall be issued or granted by any justice of the Supreme Court, or by any district court of the United States, or by any judge thereof, or by any circuit judge acting as district judge, upon the ground of the unconstitutionality of such statute, unless the application for the same shall be presented to a justice of the Supreme Court of the United States, or to a circuit or district judge, and shall be heard and determined by three judges, of Hearing before whom at least one shall be a justice of the Supreme Court, or a circuit judge, and the other two may be either circuit or district judges, and unless a majority of said three judges shall concur in granting such application. When- Applications. ever such application as aforesaid is presented to a justice of the Supreme Court, or to a judge, he shall immediately call to his assistance to hear and determine the application two other judges: Provided, however, That one of such Provisos. three judges shall be a justice of the Supreme Court, or a aof ueLication circuit judge. Said application shall not be heard or Otice to State determined before at least five days' notice of the hearing official, etc. has been given to the governor and to the attorney general of the State, and to such other persons as may be defendants in the suit: Provided, That if of opinion that irrep- Temporary rearable loss or damage would result to the complainant ptreventiearaunless a temporary restraining order is granted, any ble damage. justice of the Supreme Court, or any circuit or district judge, may grant such temporary restraining order at any time before such hearing and determination of the application for an interlocutory injunction, but such temporary restraining order shall remain in force only until the hearing and determination of the application for an interlocutory injunction upon notice as aforesaid. The hearing upon Precedence to such application for an interlocutory injunction shall be hearings. given precedence and shall be in every way expedited and be assigned for a hearing at the earliest practicable day after the expiration of the notice hereinbefore provided for. An appeal may be taken direct to the Supreme Court of the Direct appeal United States from the order granting or denying, after court. emo notice and hearing, an interlocutory injunction in such case. SEC. 267. Suits in equity shall not be sustained in any Restriction on court of the United States in any case where a plain, ade- R. s., sec. 723, quate, and complete remedy may be had at law. r owers to adSEC. 268. The said courts shall have power to impose minister oaths, and punish conand administer all necessary oaths, and to punish, by fine tempts. or imprisonment, at the discretion of the court, contempts R.37., se. 725, of their authority: Provided, That such power to punish Proviso. contempts shall not be construed to extend to any cases tocontempt. 518 IAws RELATING TO INSULAR AND MILITARY AFFAIRS. except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts m their official transactions, and the disobedience or resistance by any such officer, or by any party, juror, witness, or other person to any lawful writ, process, order, rule, decree, or command of the said courts. RSNew. 726 SEC. 269. All of the said courts shall have power to p. 138. grant new trials, in cases where there has been a trial by jury, for reasons for which new trials have usually been granted in the courts of law. towseurity of SEC. 270. The judges of the Supreme Court and of the eace and good circuit courts of appeals and district courts, United States bhavior. apa R. S., sec. 727, commissioners, and the judges and other magistrates of p. 138. the several States, who are or may be authorized by law to make arrests for offenses against the United States, shall have the like authority to hold to security of the peace and for good behavior, in cases arising under the Constitution andlaws of the United States, as may be lawfully exercised by any judge or justice of the peace of the respective States, in cases cognizable before them. Enforcing or- SEC. 271. The district courts and the United States ders, etc., of for-. eiln consls. commissioners shall have power to carry into effect, acp.., sec. 728, cording to the true intent and meaning thereof, the award or arbitration or decree of any consul, vice consul, or commercial agent of any foreign nation, made or rendered by virtue of authority conferred on him as such consul, vice consul, or commercial agent, to sit as judge or arbitrator in such differences as may arise between the captains and crews of the vessels belonging to the nation whose interests are committed to his charge, application for the exercise of such power being first made to such court or commissioner, by petition of such consul, vice consul, or comIssueofprocess. mercial agent. And said courts and commissioners may issue all proper remedial process, mesne and final, to carry into full effect such award, arbitration, or decree, and to enforce obedience thereto by imprisonment in the jail or other place of confinement in the district in which the United States may lawfully imprison any person arrested under the authority of the United States, until such award, arbitration, or decree is complied with, or the parties are otherwise discharged therefrom, by the consent in writing of such consul, vice consul, or commercial agent, or his successor in office, or by the authority of the foreign government appointing such consul, vice consul, or comPaent of ex- mercial agent: Provided, however, That the expenses of penses. the said imprisonment and maintenance of the prisoners, and the cost of the proceedings, shall be borne by such foreign government, or by its consul, vice consul, or commerMarshals to 9a cial agent requiring such imprisonment. The marshals of the United States shall serve all such process, and do all other acts necessary and proper to carry into effect the premises, under the authority of the said courts and commissioners. NONCONTIGUOUS TERRITORY AND CUBA. 519 SEC. 272. In all the courts of the United States the Plead by parties may plead and manage their own causes personally, R. s., se. 7C, or by the assistance of such counsel or attorneys at law as, 141. by the rules of the said courts, respectively, are permitted to manage and conduct causes therein. SEC. 273. No clerk, or assistant or deputy clerk, of any court offcials Territorial, district, or circuit court of appeals, or of the tice i distmict Court of Claims, or of the Supreme Court of tie United et se 748 States, or marshal or deputy marshal of the United States p. 141. within the district for which he is appoint( d, shall act as a solicitor, proctor, attorney, or counsel in any c.use depending in any of said courts, or in any district for which he is acting as such officer. SEC. 274. Whoever shall violate the provisions of the vioPS"t for preceding section shall be stricken from the roll of attor- R. s., sec. 749, neys by the court upon complaint, upon which the re- p 141 spondent shall have due notice and be heard in his defense; and in the case of a marshal or deputy marshal so acting, he shall be recommended by the court for dismissal from office. CHAPTER TWELVE. Chapter 12. JURIES. Jurlm. Sec. Sec. 275. Qualifications and exemp- 283. Foreman of grand jury. tions of jurors. 284. Grand juries, when sum276. Jurors, how drawn. moned. 277. Jurors, how to be apportioned 285. Discharge of grand juries. in the district. 286. Jurors not to serve more than 278. Race or color not to exclude. once a year. 279. Venire, how issued and 287. Challenges. served. 288. Persons disqualified for serv280. Talesmen for petit juries. ice on jury in prosecutions 281. Special juries. for polygamy, etc. 282. Number of grand jurors. SEC. 275. Jurors to serve in the courts of the United Quan1es*tis and exemption of States, in each State respectively, shall have the same jurors. qualifications, subject to the provisions hereinafter con- p. o. se8 800 tained, and be entitled to the same exemptions, as jurors of the highest court of law in such State may have and be entitled to at the time when such jurors for service in the courts of the United States are summoned. SEC. 276. All such jurors, grand and petit, including Drawins. those summoned during the session of the court, shall be publicly drawn from a box containing, at the time of each drawing, the names of not less than three hundred persons, possessing the qualifications prescribed in the section last preceding, which names shall have been placed therein by the clerk of such court and a commissioner, to be appointed by the judge thereof, or by the judge senior commissioner. in commission in districts having more than one judge, etacat' which commissioner shall be a citizen of good standing, residing in the district in which such court is held, and a well-known member of the principal political party in the district in which the court is held opposing that to 5290 ' LAWS AELtAVIS TO ti-SMiRr AND MILITSARY AWFAIIS. which the clerk may belong, the clerk and said commissioner each to place one name in said box alternately without reference to party affiliations until the whole number required shall be placed therein. Apportionment SEC. 277. Jurors shall be returned from such parts of R. s., sec. 80, of the district, from time to time, as the court shall direct, p. 150. so as to be most favorable to an impartial trial, and so as not to incur an unnecessary expense, or unduly burden the citizens of any part of the distri-t with such service. dN race, eti., SEC. 278. No citizen possessing all other qualifications which are or may be prescribed by law shall be disqualified for service as grand or petit juror in any court of the United States on account of race, color, or previous condition of servitude. Issue and serv- SEC. 279. Writs of venire facias, when directed by the ing venire. court, shall issue from the clerk's office, and shall be served and returned by the marshal in person, or by his deputy; In person. or, in case the marshal or his deputy is not an indifferent R. S., sec. 803, person, or is interested in the event of the calse, by such fit person as may be specially appointed for that purpose by the court, who shall administer to him an oath that he By mail. will truly and impartially serve and return the writ. Any person named in such -%writ who resides elsewhere than at the place at which the court is held, shall be served by the marshal mailing a copy thereof to such person commanding him to attend as a juror at a time and place designated therein, which copy shall be registered and deposited in the post office addressed to such person at his usual post-office address. And the receipt of the person so addressed for such registered copy shall be regarded as personal service of such writ upon such person, and no mileage shall be allowed for the service of such person. The postage and registry fee shall be paid by the marshal and allowed him in the settlement of his accounts. ilejsen for SEC. 280. When, from challenges or otherwise, there is R. s., sec. 804, not a petit jury to determine any civil or criminal cause, P. 151. the marshal or his deputy shall, by order of the court in which such defect of jurors happens, return jurymen from the bystanders sufficient to complete the panel; and when the marshal or his deputy is disqualified as aforesaid, jurors may be so returned by such disinterested person as the court may appoint, and such person shall be sworn, as provided in the preceding section. ecialjuries. SEC. 281. When special juries are ordered in any disR. S., sec. 805, p. 1. trict court, they shall be returned by the marshal in the same manner and form as is required in such cases by the laws of the several States. Composition. SEC. 282. Every grand jury impaneled before any disR. 8., sec. 80, trict court shall consist of not less than sixteen nor more P. 161. than twenty-three persons. If of the persons summoned less than sixteen attend, they shall be placed on the grand jury, and the court shall order the marshal to summon, either immediately or for a day fixed, from the body of the district, and not from the bystanders, a sufficient number NONOONTIGtUOUS TERRITORY AND CUBA. 521 of persons to complete the grand jury. And whenever a challenge to a grand juror is allowed, and there are in attendance other jurors sufficient to complete the grand jury, the court shall make a like order to the marshal to summon a sufficient number of persons for that purpose. SEC. 283. From the persons summoned and accepted Foreman. R. S., see. 809, as grand jurors, the court shall appoint the foreman, who p. 151. shall have power to administer oaths and affirmations to witnesses appearing before the grand jury. SEC. 284. No grand jury shall be summoned to attend Summoning of any district court unless the judge thereof, in his own dis- grand jries. cretion or upon a notification by the district attorney that such jury will be needed, orders a venire to issue therefor. If the United States attorney for any district which has a Second jury in city or borough containing at least three hundred thou- large cities. sand inhabitants shall certify in writing to the district judge, or the senior district judge of the district, that the exigencies of the public service require it, the judge may, in his discretion, also order a venire to issue for a second grand jury. And said court may in term order a grand Order of court. jury to be summoned at such time, and to serve such time as it may direct, whenever, in its judgment, it may be proper to do so. But nothing herein shall operate to beImisonen extend beyond the time permitted by law the imprison- ment, etc., not ment before indictment found of a person accused of a extendedcrime or offense, or the time during which a person so accused may be held under recognizance before indictment found. SEC. 285. The district courts, the district courts of the Discharge. Territories and the Supreme Court of the District of Co- p.5ilS sect 1 811 lumbia may discharge their grand juries whenever they deem a continuance of the session of such juries unnecessary. SEC. 286. No person shall serve as a petit juror in any Service of petit jurors. district court more than one term in a year; and it shall R. s., sec. 812, be sufficient cause of challenge to any juror called to be P. 15. sworn in any cause that he has been summoned and attended said court as a juror at any term of said court held within one year prior to the time of such challenge. SEC. 287. When the offense charged is treason or a Peremptory capital offense the defendant shall be entitled to twenty Number a land the United States to six peremptory challenges. On 'owed. the trial of any other felony, the defendant shall be en- p. 152. titled to ten and the United States to six peremptory challenges; and in all other cases, civil and criminal, each party shall be entitled to three peremptory challenges; and in all cases where there are several defendants or several plaintiffs, the parties on each side shall be deemed a single party for the purposes of all challenges under this section. All challenges, whether to the array or panel, or to individual jurors for cause or favor, shall be tried by the court without the aid of triers. SEC. 288. In any prosecution for bigamy, polygamy, or.rgItu saIfca. unlawful cohabitation, under any statute of the United mytrils.1 522 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. States, it shall be sufficient cause of challenge to any person drawn or summoned as a juryman or talesman — tie oi polgamy First, that he is or has been living in the practice of etc. bigamy, polygamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offense punishable either by sections one or three of an Act entitled " An Act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, R. 1, Se. a5352, in reference to bigamy, and for other purposes," approved March twenty-second, eighteen hundred and eighty-two, or by section fifty-three hundred and fifty-two of the Revised Statutes of the United States, or the Act of July first, eighteen hundred and sixty-two, entitled " An Act to punish and prevent the practice of polygamy in the Territories of the United States and other places, and disapproving and annulling certain Acts of the legislative assembly of the territory of Utah"; or Beleves in po- Second, that he believes it right for a man to have more y than one living and undivorced wife at the same time, or to live in the practice of cohabiting with more than one woman. chaenges. Any person appearing or offered as a juror or talesman, and challenged on either of the foregoing grounds, may be questioned on his oath as to the existence of any such cause of challenge; and other evidence may be introduced bearing upon the question raised by such challenge; and this question shall be tried by the court. erght nottoan- But as to the first ground of challenge before mentioned, w the person challenged shall not be bound to answer if he shall say upon his oath that he declines on the ground that his answer may tend to criminate himself; and if he shall answer as to said first ground, his answer shall not be given in evidence in any criminal prosecution against him for any offense above named; but if he declines to answer on any ground, he shall be rejected as incompetent. Chapter 13. CHAPTER THIRTEEN. General p r o- GENERAL PROVISIONS. visiona. Sec. Sec. 289. Circuit courts abolished; re- 29::. Sections 1 to 5, Revised Statcords of to be transferred to utes, to govern construcdistrict courts. tion of this act. 290. Suits pending in circuit courts 294. Laws revised in this act to be to be disposed of in district construed as continuations courts. of existing laws. 291. Powers and duties of circuit 295. Inference of legislative concourts imposed upon dis- struction not to be drawn trict courts. by reason of arrangement 292. References to laws revised in of sections. this act deemed to refer to 296. Act may be designated as sections of act. "The Judicial Code." ciroit courts SEc. 289. The circuit courts of the United States, upon bR.B.ses.e s6- the taking effect of this Act, shall be, and hereby are, 672ff ppfe 07- abolished; and thereupon, on said date, the clerks of said records, etc., to courts shall deliver to the clerks of the district courts of cosf district the United States for their respective districts all the NONCONTIGUOUS TERRITORY AND CUBA. 523 journals, dockets, books, files, records, and other books and papers of or belonging to or in any manner connected with said circuit courts; and shall also on said date deliver to the clerks of said district courts all moneys, mDeovery from whatever source received, then remaining in their hands or under their control as clerks of said circuit courts, or received by them by virtue of their said offices. The journals, dockets, books, files, records, and other To become art books and papers so delivered to the clerks of the several terictco' drs. district courts shall be and remain a part of the official records of said district courts, and copies thereof, when certified under the hand and seal of the clerk of the district court, shall be received as evidence equally with the originals thereof; and the clerks of the several district Powers transcourts shall have the same authority to exercise all the coturtlrks. ct powers and to perform all the duties with respect thereto as the clerks of the several circuit courts had prior to the taking effect of this Act. SEC. 290. All suits and proceedings pending in said to eontinuedi circuit courts on the date of the taking effect of this Act, district courts. whether originally brought therein or certified thereto from the district courts, shall thereupon and thereafter be proceeded with and disposed of in the district courts in the same manner and with the same effect as if originally begun therein, the record thereof being entered m the records of the circuit courts so transferred as above provided. SEC. 291. Wherever, in any law not embraced within Circuit courts'. powers, etc., conthis Act, any reference is made to, or any power or duty is ferred upon disconferred or imposed upon, the circuit courts, such refer- trictcourts. ence shall, upon the taking effect of this Act, be deemed and held to refer to, and to confer such power and impose such duty upon, the district courts. SEC. 292. Wherever, in any law not contained within lRferenes to this Act, a reference is made to any law revised or em- thisact. braced herein, such reference, upon the taking effect hereof, shall be construed to refer to the section of this Act into which has been carried or revised the provision of law to which reference is so made. SEC. 293. The provisions of sections one to five, both Construction of words, etc. inclusive, of the Revised Statutes, shall apply to and R. s.secs. 1-5 govern the construction of the provisions of this Act.. 1,2. The words "this title," wherever they occur herein, shall be construed to mean this Act. SEC. 294. The provisions of this Act, so far as they are Eiset b las substantially the same as existing statutes, shall be con- act. strued as continuations thereof, and not as new enactments, and there shall be no implication of a change of intent by reason of a change of words in such statute, unless such change of intent shall be clearly manifest. SEC. 295. The arrangement and classification of the Legitsltiovno several sections of this Act have been made for the pur- presumed from pose of a more convenient and orderly arrangement of ~nco.meat ot the same, and therefore no inference or presumption of a )2 4 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. legislative construction is to be drawn by reason of the chapter under which any particular section is placed. Title Act. SEC. 296. This Act may be designated and cited as "The Judicial Code." Chapter 14. CHAPTER FOURTEEN. viRepling pro REPEALING PROVISIONS. Sec. Sec. 297. Sections, acts, and parts of 300. Offenses committed, and penacts repealed. alties, forfeitures, and lia298. Repeal not to affect tenure of bilities incurred, how to be office, or salary, or compen- prosecuted and enforced. sation of incumbents, etc. 301. Date this act shall be effec299. Accrued rights, etc., not af- tive. fected. Laws reealed.t SEC. 297. The following sections of the Revised Statutes. utes and Acts and parts of Acts are hereby repealed: Sees. 530-560, Sections five hundred and thirty to five hundred and pp. 89-94. sixty, both inclusive; sections five hundred and sixtypp. 46-96. two to five hundred and sixty-four, both inclusive; secSecs. 567-627, tions five hundred and sixty-seven to six hundred and pp. 97-109. twenty-seven, both inclusive; sections six hundred and Sees. 629-647, pp 110-117. 647twenty-nine to six hundred and forty-seven, both incluSees. 650-697, sive; sections six hundred and fifty to six hundred and pp. 118-130. ninety-seven, both inclusive; section six hundred and ec. 699, p. 130. ninety-nine; sections seven hundred and two to seven pp13-. 702714, hundred and fourteen, both inclusive; sections seven hunSecs. 716-720, dred and sixteen to seven hundred and twenty, both inPsp. 36 37p. 137. clusive; section seven hundred and twenty-three; secSees. 725-749, tions seven hundred and twenty-five to seven hundred pp.137-141. and forty-nine, both inclusive; sections eight hundred Sees. 800-822, to e pp. 150-153.22 to eight hundred and twenty-two, both inclusive; secSecs. 1049-1088, tions ten hundred and forty-nine to ten hundred and pp. 194200. eighty-eight, both inclusive; sections ten hundred and Sees. 1091-1093, ninety-one to ten hundred and ninety-three, both inclusive, of the Revised Statutes. Remoals from "An Act to determine the jurisdiction of circuit courts of the United States and to regulate the removal of causes from State courts, and for other purposes," approved March third, eighteen hundred and seventy-five. Juries n polyg- Section five of an Act entitled "An Act to amend secxcerions. tion fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes," approved March twenty-second, eighteen hundred and eighty-two; but sections six, seven, and eight of said Act. and sections one, two, and twentysix of an Act entitled "An Act to amend an Act entitled 'An Act to amend section fifty-three hundred and fiftytwo of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March twenty-second, eighteen hundred and eighty-two," approved March third, eighteen hundred and eighty-seven, are hereby continued in force. NONCONTIGUOUS TERRITORY AND CUBA. 525 "An Act to afford assistance and relief to Congress and Bowman Act. the executive departments in the investigation of claims and demands against the Government," approved March third, eighteen hundred and eighty-three. "An Act regulating appeals from the supreme court of Distproeu om the District of Columbia and the supreme courts of the bia and Territoseveral Territories," approved March third, eighteen rial courts. hundred and eighty-five. "An Act to provide for the bringing of suits against the Tucker Act. Government of the United States," approved March third, eighteen hundred and eighty-seven, except sections four, five, six, seven, and ten thereof. Sections one, two, three, four, six, and seven of an Act Removals from entitled "An Act to correct the enrollment of an Act approved March third, eighteen hundred and eighty-seven, entitled 'An Act to amend sections one, two, three, and ten of an Act to determine the jurisdiction of the circuit courts of the United States, and to regulate the removal of causes from State courts, and for other purposes,' approved March third, eighteen hundred and seventyfive," approved August thirteenth, eighteen hundred and eighty-eight. * "An act to withdraw from the Supreme Court jurisdic- withdrawn from tion of criminal cases not capital and confer the same on Supreme Court. the circuit courts of appeals," approved January twentieth, eighteen hundred and ninety-seven. "An Act to amend sections one and two of the Act of uits for official March third, eighteen hundred and eighty-seven, Twentyfourth Statutes at Large, chapter three hundred and fiftynine," approved June twenty-seventh, eighteen hundred and ninety-eight. "An Act to amend the seventh section of the Act en- trlocutory ortitled 'An Act to establish circuit courts of appeals and to ders. define and regulate in certain cases the jurisdiction of the courts of the United States, and for other purposes,' approved March third, eighteen hundred and ninety-one, and the several Acts amendatory thereto," approved April fourteenth, nineteen hundred and six. All Acts and parts of Acts authorizing the appointment Feabcario 191 of United States circuit or district judges, or creating or relating to judges, changing judicial circuits, or judicial districts or divisions etc. trTms, thereof, or fixing or changing the times or places of holding court therein, enacted prior to February first, nineteen hundred and eleven. Sections one, two, three, four, five, the first paragraph comurtm.o,, of section six, and section seventeen of an Act entitled "An Act to create a commerce court, and to amend an Act entitled 'An Act to regulate commerce,' approved February fourth, eighteen hundred and eighty-seven, as heretofore amended, and for other purposes," approved June eighteenth, nineteen hundred and ten. Also all other acts and parts of Acts, in so far as they are ActssuPer embraced within and superseded by this Act, are hereby Portions notafrepealed; the remaining portions thereof to be and re-foed mnued 526 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. main in force with the same effect and to the same extent e on as if this Act had not been passed. ore of offce of SEC. 298. The repeal of existing laws providing for the t ncm- appointment of judges and other officers mentioned in this Act, or affecting the organization of the courts, shall not be construed to affect the tenure of office of the incumbents (except the office be abolished), but they shall continue to hold their respective offices during the terms for which appointed, unless removed as provided by law; nor (except the office be abolished) shall such repeal affect the salary or fees or compensation of any officer or person g suits, holding office or position by virtue of any law. et, notafected SEC. 299. The repeal of existing laws, or the amendments thereof, embraced in this Act, shall not affect any act done, or any right accruing or accrued, or any suit or proceeding, including those pending on writ of error, appeal, certificate, or writ of certiorari, in any appellate court referred to or included within, the provisions of this Act, pending at the time of the taking effect of this Act, but all such suits and proceedings, and suits and proceedings for causes arising or acts done prior to such date, may be commenced and prosecuted within the same time, and with the same effect, as if said repeal or amendments had not been made. of rior ofen SEC. 300. All offenses committed, and all penalties,. ' forfeitures, or liabilities incurred prior to the taking effect hereof, under any law embraced m, amended, or repealed by this Act, may be prosecuted and punished, or sued for and recovered, in the district courts, in the same manner and with the same effect as if this Act had not been passed. In effect JnU- SEC. 301. This Act shall take effect and be in force on ay 1, 12. and after January first, nineteen hundred and twelve. Mar. 4, 1911 CHAP. 237.-An Act Making appropriations for the legislative, [H. R. 29360.] executive, and judicial expenses of the Government for the fiscal year Public, N o. ending June thirtieth, nineteen hundred and twelve, and for other 36 Stat L., pt. purposes. 1, p. 1170. Be it enacted by the Senate and House of Representatives Legeslatide, f the United States of America in Congress assembled, That dicial appropri- the following sums be, and the same are hereby, approtion& priated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and twelve, for the objects hereinafter expressed, namely: * * * * * LEGISLATIVE. * * * * * Hor e of Rept HOUSE OF REPRESENTATIVES. resentatives. d RDeit^et For compensation of * * * Delegates from TerriCommissioner. tories, the Resident Commissioner from Porto Rico, and the Resident Commissioners from the Philippine Islands, NONCONTIGUOUS TERRITORY AND CUBA. 527 two million nine hundred and eighty-nine thousand five hundred dollars. For mileage of * * * Delegates, and expenses of Mile Resident Commissioners., one hundred and fifty-four thousand dollars. * * * * * CHAP. 288.-An Act Making appwopriations for the Department of Mar. 1911. Agriculture for the fiscal year ending June thirtieth, nineteen hundred H. R. 31596.] and twelve. [Public, No. 478.) 36 Stat. L.,pt. 1, Be it enacted by the Snate and House of Representatives p. 1235. of the United States of America in Congress assembled, That A ggri cultural Department apthe following sums be, and they are hereby, appropriated, propriations. out of any money in the Treasury of the Umnted States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and twelve, for the purposes and objects hereinafter expressed, namely: * * * * * WEATHER BUREAU. * * * * * GENERAL EXPENSES, WEATHER BUREAU: For carrying General exinto effect in the District of Columbia and elsewhere in the United States, in the West Indies or on adjacent coasts, in the Hawaiian Islands, and in Bermuda, the provisions of an Act approved October first, eighteen hundred and Vol. 26, p 653. ninety, so far as they relate to the weather service transferred thereby to the Department of Agriculture, and for every expenditure requisite for and incident to the establishment, equipment, and maintenance of meteorological observation stations, including cooperation with other Wioopeation bureaus of the Government and societies and institutions reaus, etc. of learning for the dissemination of meteorological information, as follows: * * * * * FOREST SERVICE. * * * *. * GENERAL EXPENSES, FOREST SERVICE: To enable the Secretary of Agriculture to experiment and to make and continue investigations and report on forestry, national forests, forest fires, and lumbering, but no part of this appropriation shall be used for any experiment or test made outside the jurisdiction of the United States; to "RIaies to advise the owners of woodlands as to the proper eare of the same; to investigate and test American timber and timber trees and their uses, and methods for the preservative treatment of timber; to seek, through investigatiis and the planting of native and foreign species, suitable trees for the treeless regions; to erect necessary buildings: 28872~-S. Doc. 306, 62-2 —36 528 LAWS RELATNG TO INSULAR AND MILITARY AFFAIRS. Co of build- Provided That the cost of any building erected shall not ings. exceed six hundred and fifty dollars; to pay all expenses necessary to protect, administer, and improve the national forests; to ascertain the natural conditions upon and Protection utilize the national forests; and the Secretary of Agriculetc., of national forets. ture may, in his discretion, permit timber and other sales of timber. forest products cut or removed from the national forests, * * * to be exported from the State, Territory, or the IOfeption. District of Alaska in which said forests are respectively situated: * * * * * OFFICE OF EXPERIMENT STATIONS. * * * * * GENERAL EXPENSES; OFFICE OF EXPERIMENT STATIONS. lstskatiHs I To enable the Secretary of Agriculture to establish and Porto fico, and maintain agricultural experiment stations in Alaska, Guam. Hawaii, Porto Rico, and the island of Guam, including the erection of buildings, the preparation, illustration, and distribution of reports and bulletins, and all other necessary expenses, one hundred and five thousand dollars, as follows: Alaska, thirty thousand dollars; Hawaii, thirty thousand dollars; Porto Rico, thirty thousand dollars, and Guam, fifteen thousand dollars; and the Secreuc of prod- tary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, Porto Rico, and the island of Guam, and to apply the money received from the sale of such products to the maintenance of said stations, and this fund shall be available until used; * * * * * Mar. 4 1911. CHAP. 240.-An Act Making appropriations to supply deficiencies [H R. 32597.] in appropriations for the fiscal year nineteen hundred and eleven and [Public No. 480.] for prior years, and for other purposes..1289. Bringing home remains of officers and enlisted men who die abroad. (See p. 71.) ar. 4 1911. CHAP. 241.-An Act Making appropriations for the service of the [H.R. 1539.] Post Office Department for the fiscal year ending June thirtieth, [Public No. 481.] nineteen hundred and twelve, and for other purposes. 36 Stat. L., pt.1, p. 1327. Plostal service it enacted by the Senate and House of Representatives appropriations of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated for the service of the Post Office Department, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: * * * *~ NONCONTIGUOUS TERRITORY AND CUBA. 529 OFFICE OF THE SECOND ASSISTANT POSTMASTER GENERAL. * * * * * For mail bags, metal for mail-bag attachments, cord fasteners, label cases, and material necessary for manufacture and repairing of equipment, and for incidental expenses pertaining thereto, two hundred and eighty-five thousand dollars: Provided, That out of this appropria- E ment for tion the Postmaster General is authorized to use so much Alaskaand sland of the sum, not exceeding five thousand dollars, as may Possessions be deemed necessary for the purchase of material and the manufacture in the mail-bag repair shop of such small quantities of distinctive equipment as may be required by other executive departments, and for service in Alaska Porto Rico, Philippine Islands Hawaii, or other island possessions, and for such special equipment for testing and for other purposes in connection with the reduction in the weight of mail equipment. * * * * * CHAP. 285.-An Act Making appropriations for sundry civil Mar. 4 1911. expenses of the Government for the fiscal year ending June thirtieth, [H. R. 3299.] nineteen hundred and twelve, and for other purposes. [Public No. 525.) 36 Stat. L., pt. Be it enacted by the Senate and House of Representatives 1, p 133. of the United States of America in Congress assembled, That the following sums be, and the same are hereby, exSnses app appropriated, for the objects hereinafter expressed, for pations. the fiscal year ending June thirtieth, nineteen hundred and twelve, namely: * * * * * UNDER THE TREASURY DEPARTMENT. * * * * * PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. Quarantine Service: For the maintenance and ordi- Quaerantine nary expenses, including pay of officers and employees of quarantine stations at * * *.; Port Townsend and supplemental stations thereto, quarantine system of the Hawaiian Islands, and the quarantine system of Porto Rico, four hundred thousand dollars. * * * * * UNDER THE WAR DEPARTMENT. * * * * * UNDER THE QUARTERMASTER'S DEPARTMENT. (Disposition of remains of officers and soldiers who die abroad. See p. 73.) * * *$ $ 530 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. JUDICIAL. UNITED STATES COURTS. Expense. For defraying the expenses of the Supreme Court; of the circuit and district courts of the United States, includthe district court in the Territory of Hawaii; of the supreme court and court of appeals of the District of Columbia; of the district court of Alaska; of the circuit courts of appeals; of suits and preparations for or in defense of suits in which the United States is interested; of the prosecution of offenses committed against the United States; and in the enforcement of the laws of the United States, specifically the expenses stated under the following appropriations, namely: Bailiffs,etc. For pay of bailiffs and criers, not exceeding three bailiffs and one crier in each court, except in the southern district of New York and the northern district of Illinois: Pctusattend Provided, That all persons employed under section seven ance. hundred and fifteen of the Revised Statutes shall be pR. 136. se 15deemed to be in actual attendance when they attend Travelig, etc. upon the order of the courts: Provided further, That no sudges such person shall be employed during vacation; of reasonable expenses actually incurred for travel and maintenance of circuit and district judges of the United States and the judges of the district courts of the United States in Alaska, Hawaii, and Porto Rico, consequent upon their attending court or transacting other official business at any place other than their official place of residence, not to exceed ten dollars per day, said expenses to be paid by the marshal of the district in which said court is held or official business transacted upon the Jury expenses. judge's written certificate; of meals and lodgings for jurors in United States cases, and of bailiffs in attendance upon the same, when ordered by the court; and of comsiJnesr commis- pensation for jury commissioners, five dollars per day, not exceeding three days for any one term of court, two hundred and fifty thousand dollars. $ * $ * * TREATIES AND CONVENTIONS. Naturalization convention between United States and Hon- June 2, 1908. duras. Signed at Tegucigalpa, June 23, 1908; rati- 36 Stat. L., pt. cation advised by the Senate December 10, 1908; ratified 21 by the President December 26, 1908; ratified by Honduras April 7, 1909; ratifications exchanged at Tegucigalpa April 16, 1909; proclaimed June 8, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Naturalization Convention between the Naturalizaton with Hoadum& United States of America and the Republic of Honduras Preamble. was concluded and signed by their respective Plenipotentiaries at Tegucigalpa, on the twenty-third day of June, one thousand nine hundred and eight, the original of which Convention, being in the English and Spanish languages, is word for word as follows: The President of the United States of America and Contrating the President of the Republic of Honduras, desiring to regulate the citizenship of those persons who emigrate from the United States of America to Honduras, and from Honduras to the United States of America, have resolved to conclude a Convention on this subject; and for that purpose have appointed their Plenipotentiaries, to conclude a Convention, that is to say: The President of the United States of America, H. ariPlnpotentPercival Dodge, Envoy Extraordinary and Minister Plenipotentiary of the United States of America near the Government of Honduras; and The President of Honduras, Sefior Licenciado Marcos Lopez Ponce, Sub-Secretary of Foreign Affairs of the Republic of Honduras; Who, having examined one another's full powers and having found them in due form, have agreed to and signed the following Articles: ANTICL I Citizens of the United States who may or shall have Recogniton of.natur.. at on by been naturalized in Honduras, upon their own applica- united sta tion or by their own consent, will be considered by the 531 532 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. United States as citizens of the Republic of Honduras. By Honduras. Reciprocally, Honduraneans who may or shall have been naturalized in the United States upon their own application or with their own consent, will be considered by the Republic of Honduras as citizens of the United States. ARTICLE II ofRnaturaczation. If a Honduranean, naturalized in the United States of America, renews his residence in Honduras, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if a citizen of the United States, naturalized in Honduras, renews his residence in the United States, without intent to return to Honduras, he may be presumed to have renounced his naturalization in Honduras. renent not d The intent not to return may be held to exist when the person naturalized in the one country, resides mores than two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III wgemenast It is mutually agreed that the definition of the word "citizen, as used in this Convention, shall be held to mean a person to whom the nationality of the United States or of Honduras attaches. ARTICLE IV Ofense com-e A recognized citizen of the one party, returning to the mitted before emigration. territory of the other, remains liable to trial and legal punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, and any other remission of liability to punishment. ARTICLE V Effecti ofdeSlr The declaration of intention to become a citizen of tion of intention. the one or the other country has not for either party the effect of naturalization. ARTICLE VI Duration The present Convention shall go into effect immediately on the exchange of ratifications, and in the event of either party giving the other notice of its intention to terminate the Convention it shall continue to be in effect for one year more, to count from the date of such notice. ratifications The present Convention shall be submitted to the approval and ratification of the respective appropriate authorities of each of the Contracting Parties, and the TBEA~PIES AXD COOIVENTfl98. 533 ratifications shall be exchanged at Washington or at Tegucigalpa within twenty-four months of the date hereof. In Witness whereof, the Plenipotentiaries of the United signatoz States of America and of Honduras have signed this Convention in duplicate and have affixed hereunto their respective official Seals in the City of Tegucigalpa, on the twenty-third day of June, in the year of Our Lord one thousand nine hundred and eight. [SEAL.] H. PERCIVAL DODGE. [SEAL] M. L6PEZ PONCE And whereas the said Convention has been duly ratified Racation. on both parts, and the ratifications of the two Governments were exchanged in the City of Tegucigalpa, on the sixteenth day of April, one thousand nine hundred and nine; Now, therefore, be it known that. I, William Howard Proclamation. Taft, President of the United States of America, have caused the said Convention to be made public to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this eighth day of June in the year of our Lord one thousand nine hun[SEAL] dred and nine, and of the Independence of the United States of America the one hundred and thirty-third. WM H TAFT By the President: P C KNOX Secretary of State. Naturalization convention between United States and Uru- Aug. 10, 18. guay. Signed at Montevideo August 10, 1908; ratifica- 36 stat. L.,pt, tion advised by the Senate December 10, 1908; ratified by 2,. the President December 26, 1908; ratified by Uruguay May 14, 1909; ratifications exchanged at Montevideo May 14, 1909; proclaimed June 19, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Naturalization Convention between the Naturaitat1on United States of America and the Oriental Republic of Preamble. Uruguay was concluded and signed by their respective Plenipotentiaries at Montevideo on the tenth day of August, one thousand nine hundred and eight, the original of which Convention, being in the English and Spanish languages, is word for word as follows: 34 LAWS RELATING N) ISUtLAR AND MIITARt AFFAIIt. Natwuralization Cbnvention between the United State of Amrica and the Oriental Republic of Uruguay, Contracting The President of the United States of America and the President of the Oriental Republic of Uruguay, desiring to regulate the citizenship of those persons who emigrate from the United States to Uruguay, or from Uruguay to the United States, have resolved to conclide a convention on this subject and for that purpose have appointed, their Plenipotentiaries, to wit: Prlenpoten- The President of the United States: Edward C. O'Brien, Envoy Extraordinary and Minister?lenipotentiary of the United States in Uruguay; The President of Uruguay: Antonio Bachini, Minister for Foreign Affairs of Uruguay; Who, after the mutual communication of their respective full powers, found in good and due form, have agreed upon the following articles: ARTICLE I. enaReolion of Citizens of the United States who may be or shall United States. have been naturalized in the Republic of Uruguay upon their own application or by their own consent, will be considered by the United States as citizens of the RepubBy Uruguay. li of Uruguay. Reciprocally, Uruguayans who may be or shall have been naturalized in the United States, upon their own application or by their own consent, wilT be considered by the Republic of Uruguay as citizens of the United States. ARTICLE II. Renunciation If a Uruguayan, naturalized in the United States, renews his residence in Uruguay, without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally, if an American, naturalized in Uruguay, renews his residence in the United States, without intent to. return to Uruguay, he may be held to have renounced his naturalization in Uruguay. ntent not to The intent not to return may be held to exist when the person naturalized in one country resides more than two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III. Agrmen as It is mutuly agreed that the definition of the word to meaning of "citizen." aitizen as used i this convention shall be held to mean a person to whom natiozeAity of thie United States or Uruguay attaches. TREATIES AND CONVENTIONS. 535 ARTICLE IV. A recognized citizen of the one party, returning to the mittforen - territory of the other, remains liable to trial and legal gration. punishment for an action punishable by the laws of his original country and committed before his emigration, but not for the emigration itself, saving always the limitation established by the laws of his original country, or any other remission of liability to punishment. ARTICLE V. The declaration of an intention to become a citizen of Effectofdecarathe one or the other country has not for either party the tion. effect of citizenship legally acquired. ARTICLE VI. The present convention shall remain in force for ten Duration. years from the date of the exchange of ratifications; and unless one of the contracting parties shall notify the other of its intention to terminate it one year before the expiration of that period, the said treaty shall continue in force from year to year until the expiration of one year after official notice shall have been given by either of the contracting governments of a purpose to terminate it. ARTICLE VII. The present treaty shall be submitted to the approval Erchage of and ratification of the respective appropriate authorities of each of the contracting parties, and the ratifications shall be exchanged at Montevideo as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the foregoing articles, and have affixed their seals. Done in duplicate at the City of Montevideo, in the Signaturs. English and Spanish languages this tenth day of August, one thousand nine hundred and eight. [SEAL.] EDWARD C. O'BRIEN [SEAL.] ANTONIO BACHINI And whereas the said Convention has been duly rati- Ratification. fled on both parts, and the ratifications of the two governments were exchanged in the City of Montevideo on the fourteenth day of May, one thousand nine hundred and nine; Now, therefore, be it known that I, William Howard Proclamation. Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. 536 LAWS RELATING TO INSULAR AND MILITARY AFFAIBS. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this nineteenth day of June in the year of our Lord one thousand [SEAL] nine hundred and nine, and of the Independence of the United States of America, the one hundred and thirty-third. WM H TAFT By the President: P C KNOX Secretary of State. Feb. 23 1909. Patent agreement between United States and Germany. 3 Stat. L., pt. Signed at Washington February 23, 1909; ratification 2,2178. advised by the Senate April 15, 1909; ratified by the President April 20, 1909; ratified by Germany June 15, 1909; ratifications exchanged at IVashington July 14, 1909; proclaimed August 1, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. m^ent wth r- Whereas a Patent Agreement between the United many. States of America and the German Empire was concluded Preamble and signed by their respective Plenipotentiaries at Washington on the twenty-third day of February, one thousand nine hundred and nine, the original of which Agreement being in the English and German languages is word for word as follows: contrac t i n g The President of the United States of America and His Majesty the German Emperor, King of Prussia, in the name of the German Empire, led by the wish to effect a full and more operative reciprocal protection of patents, designs, working patterns, and models in the two countries, have decided to conclude an agreement for that purpose and have appointed as their Plenipotentiaries: tienipoten- The President of the United States of America, Mr. Robert Bacon, Secretary of State of the United States; and His Majesty the German Emperor, King of Prussia, His Excellency Count von Bernstorff, His Ambassador Extraordinary and Plenipotentiary to the United States; Who, after having communicated each to the other their respective full powers, found to be in good and due form, have agreed to the following articles: ARTICLE I. noRnore osnsf The provisions of the laws applicable, now existing or patents to be re- hereafter to be enacted of either of the Contracting Parcdprcal. ties, under which the nonworking of the patent, working pattern (Gebrauchsmuster), design or model carries the TREATIES AND CONVENTIONS. 537 invalidation or some other restriction of the right, shall only.be applied to the patents, workingpatterns (Gebrauchsmuster), designs or models enjoyed by the citizens of the other Contracting Party within the limits of the restrictions imposed by the said Party upon its own citizens. The working of a patent, working pattern (Gebrauchsmuster), design or model in the territory of one of the Contracting Parties shall be considered as equivalent to its working in the territory of the other Party. ARTICLE II. This Agreement shall take effect from the date of its Durauon. promulgation and remain in force until the expiration of 12 months following the notice of termination given by one of the Contracting Parties. ARTICLE III. The present Agreement shall be ratified and the ratifi- raohing. of cations shall be exchanged at Washington as soon as possible. In witness whereof the respective Plenipotentiaries signauaes have executed the present Agreement and affixed their seals thereunto. Done in duplicate in the English and German languages at Washington this 23rd day of February, 1909. ROBERT BACON [SEAL] J. BERNSTORFF [SEAL] And whereas the said Agreement has been duly ratified Ratlcation. on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the fourteenth day of July, one thousand nine hundred and nine; Now,. therefore, be it known that I, William Howard Proclama4oa. Taft, President of the United States of America have caused the said Agreement to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this first day of August in the year of our Lord one thousand nine hun[SEAL] dred and nine, and of the Independence of the United States of America the one hundred and thirty-fourth. Wa H TArT By the President: ALVEY A. ADEE Acting Secretary of State. 538 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Oct. 15, 1907. Naturalization Convention between the United Statsi and 36 Stat. L., pt. Peru. Signed at Lima, October 15, 1907; ratification 2 2181. advised by the Senate, February 19, 1908; ratified by the President, March 9, 1908; ratified by Peru, July 23S, 1909; ratifications exchanged at Lima, July 23, 1909; proclaimed, September 2, 1909. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Naturalizatlva Whereas a Naturalization Convention between the with Peru. Preamble. United States of America and the Republic of Peru was concluded and signed by their respective Plenipotentiaries at Lima on the fifteenth day of October, one thousand nine hundred and seven, the original of which Convention being in the English and Spanish languages is word for word as follows: Contracting The United States of America and the Republic of Peru, desiring to regulate the citizenship of those persons who emigrate from the United States of America to Peru, and from Peru to the United States of America, have resolved to conclude a convention on this subject and for that purpose have appointed their Plenipotentiaries that is to say: tilenripoten- The President of the United States of America, Leslie Combs, Envoy Extraordinary and Minister Plenipotentiary of the United States at Lima; and The President of Peru senior don Solon Polo, Minister for Foreign Relations of Peru, who have agreed to and signed the following articles. ARTICLE I. R toiln of Citizens of the United States who may be or shall have United States.. been naturalized in Peru upon their own application or by their own consent, will be considered by the United States By Peru. as citizens of the Republic of Peru. Reciprocally Peruvians who may or shal have been naturalized in the United States upon their own application or with their consent, will be considered by the Republic of Peru as citizens of the United States. ARTICLE II. R e u ntcia If a Peruvian, naturalized in the United States of Iatiok America, renews his residence in Peru without intent to return to the United States, he may be held to have renounced his naturalization in the United States. Reciprocally if a citizen of the United States naturalized inr Peru renews his residence in the United States without intent to return to Peru, he may be presumed to have renounced his naturalization in Peru. TREATIES AND CONVENTIONS. 539 The intent not to return may be held to exist when the tonetein pnot person naturalized in the one country resides more than sumed. two years in the other country, but this presumption may be destroyed by evidence to the contrary. ARTICLE III. It is mutually agreed that the definition of the word, Agreent c "citizen" as used in this convention shall be held to mean zen." a person to whom nationality of the United States or of Peru attaches. ARTICLE IV. A recognized citizen of the one party returning to the mOten committed before territory of the other remains liable to trial and legal pun- emigration. ishment for any action punishable by.the laws of his original country and committed before his emigration; but not for the emigration itself, saving always the limitation established by the laws of his original country and any other remission of liability to punishment. ARTICLE V. The declaration of intention to become a citizen of the Effect odeclar one or the other country has not for either party the effect of naturalization. ARTICLE VI. The present convention shall go into effect immediately DuraUon. on the exchange of ratifications, and in the event of either party giving the other notice of its intention to terminate the convention it shall continue to be in effect one year more to count from the date of such notice. The present convention shall be submitted to the ap- rExchange of proval and ratification of the respective appropriate au-ataton thorities of each of the contracting parties, and the ratifications shall be exchanged at Lima within twenty-four months of the date thereof. In witness whereof, the respective Plenipotentiaries have signed the above articles both in the English and Spanish languages, and have hereunto affixed their seals. Done in duplicate at the city of Lima this fifteenth day of October one thousand nine hundred and seven. LESLIE COMBS American Minister in Per6. [sEcA.] SOL6N POLO. [SEAL.] And whereas the said Convention has been duly ratified R.Cti^ ction on both parts, and the ratifications of the two governments were exchanged in the City of Lima, on the twentythird day of July, one thousand nine hundred and nine; 540 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Prdcmation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this second day of September in the year of our Lord one thou[SEAL.] sand nine hundred and nine, and of the Independence of the United States of America the one hundred and thirty-fourth. Wm H TaFT By the President: ALVEY A. ADEE Acting Secretary of State. Aug. 9,1909. Convention between -the United States and Dutch Guiana Aug. 28, 1p09 post-offices concerning the exchange of articles by parcel36 Stat. L., pt. 2, p. 2184. post. Parcen l-st For the purpose of making better postal arrangements Dtch Guiana. between the United States of America and the Colony of tezable. Dutch Guiana the Postal Administrations of the United States of America and of Dutch Guiana, represented by the Postmaster-General of the United States of America and the Administrator of Finances of Surinam, have agreed as follows, as regards the establishment of a parcel post system of exchanges between the two countries. ARTICLE I. vScoS. of con- The provisions of this Convention relate only to parcels of mail matter to be exchanged by the system herein provided for, and do not affect the arrangements now existing under the Universal Postal Convention, which will continue as heretofore; and all the agreements hereinafter contained apply exclusively to mails exchanged under these articles, directly between the office of New York and such other offices within the United States as may be hereafter designated by the Postmaster-General of the United States; and the office of Paramaribo, and such other offices within Dutch Guiana as may be.hereafter designated by the Administrator of Finances of Surinam. ARTICLE II. Artide man- There shall be admitted to the mails exchanged under this Convention, articles of merchandise and mail matter-except letters, post cards and written matter of all kinds-that are admitted under any conditions to the do TREATIES AND CONVENTIONS. 541 mestic mails of the country of origin, except that no packet may exceed eleven (11) pounds (5 kilograms) in weight, nor the following dimensions: Greatest length in any direction, three feet six inches (105 centimeters); greatest length and girth combined, six feet (180 centimeters); and must be so wrapped or inclosed as to permit How wrapped. their contents to be easily examined by customs officers and bv postmasters duly authorized to do so; and except that the following articles are prohibited: Publications which violate the copyright laws of the Articles procountry of destination; opium, poisons, and explosive or inflammable substances; fatty substances; liquids, and those which easily liquefy; confections and pastes; live or dead animals, except dead insects and reptiles when thoroughly dried; fruits and vegetables which easily decompose, and substances which exhale a bad odor; lottery tickets, lottery advertisements,' or lottery circulars; all obscene or immoral articles; articles which may in any way damage or destroy the mails, or injure the persons handling them. ARTICLE III. A letter or communication of the nature of personal Letter mudy, not accompany correspondence must not accompany, be written on, or parcel. enclosed with any parcel. If such be found, the letter will be placed in the mails, fRejection i if separable, and if the communication be inseparably und. attached, the whole package will be rejected. If, however, any such should inadvertently be forwarded, the country of destination may collect on the letter or letters, double rates of postage according to the Universal Postal Convention. No parcel may contain parcels intended for delivery at Noitnclors for an address other than that borne by the parcel itself. If other addr. such inclosed parcels be detected, they must be sent forward singly, charged with new and distinct parcel post rates. ARTICLE IV. The packages in question shall be subject in the country Cstoms duti. of destination to all customs duties and all customs regulations in force in that country for the protection of its customs revenues, and to the following rates of postage, which shall in all cases be required to be fully prepaid, viz: In the United States, for a parcel not exceeding one Potalrat pound (455 grams) in weight, 12 cents; and for each additional pound (455 grams) or fraction of a pound, 12 cents. In Dutch Guiana, for a parcel not exceeding 1 kilogram in weight, frcs 1,50, and for each additional weight of 2 kilograms 1 franc. 542 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE V. Customsdeclar- The sender of each package must make a customs decon. laration in duplicate, upon a special form provided for the purpose (see Form 1, A, annexed hereto), giving the address, a general description of the parcel, an accurate statement of the contents and value, date of mailing, and the sender's signature and place of residence, which declaration must accompany the parcel to destination. Certificate of Either country may authorize the post office where the package is mailed to deliver to the sender of the package at the time of mailing, a certificate of mailing on a form like Form 2 annexed hereto, and the country of origin may collect a fee therefor not to exceed two cents or ten centimes. Return receipt. The sender of a parcel may obtain a return receipt for the same by paying in the United States a fee of five cents and in the Colony of Surinam twenty centimes, in addition to the postage on each parcel, to be affixed to the parcel in stamps of the country of origin. ARTICLE VI. Delivery. The packages shall be delivered to addresses at the post offices of address in the country of destination free of charge for postages; but the customs duties properly chargeable thereon shall be collected on delivery in accordance with the customs regulations of the country of destination; and the country of destination may, at its option, levy and collect from the addressee for interior service and delivery a charge not exceeding 5 cents in the United States and 25 centimes in Dutch Guiana, on each single parcel of whatever weight. ARTICLE VII. M e rti o d of The packages shall be considered as a component part traporttio. of the mails exchanged direct between the United States and Dutch Guiana to be dispatched by the country of origin to the other at its cost and by such means as it provides, but must be forwarded, at the option of the dispatching office, either in boxes or hampers prepared especially for the purpose or in ordinary mail sacks to be marked "Parcel Post," and not to contain any other articles of mail matter, and to be securely sealed with wax or otherwise, as may be mutually provided by regulations hereunder. Retnmotacks. Each country shall promptly return empty to the dispatching office all bags or sacks; but the boxes or hampers used occasionally by either administration may be used by the other administration for return parcel post dispatches. Packing. Although articles admitted under this Convention will be transmitted as aforesaid between the exchange offices, TREATIES AND CONVENTIONS. 543 they should be so carefully packed as to be safely transmitted in the open mails of either country, both m going to the exchange office in the country of origin and to the office of address in the country of destination. Each dispatch of a parcel post mail must be accom- DBcD icate de panied by a descriptive list, in duplicate, of all the packages sent, showing distinctly the list number of each parcel, the name of the sender, the name of the addressee with address of destination, and the declared contents and value, and must be inclosed in one of the boxes or sacks of such dispatch. (See Form 3 annexed hereto.) ARTICLE VIII. As soon as the mail shall have reached the office of Receipt ofmail. destination that office shall check the contents of the mail. In the event of the parcel bill not having been received, eel bill.tute para substitute should be at once prepared. Any errors in the entries on the parcel bill which may Error. be discovered, should, after verification by a second officer, be corrected and noted for report to the dispatching office on a form "Verification certificate," which should be sent in a special envelope. If a parcel advised on the bill be not received, after the Lost parcel. nonreceipt has been verified by a second officer, the entry on the bill should be canceled and the fact reported at once. Should a parcel be received in a damaged or imperfect Damaged parcondition, full particulars should be reported on the same form. If no verification certificate or note or error be received, Presumptiron of a parcel mail shall be considered as duly delivered, having been found on examination correct in all respects. ARTICLE IX. If the packages cannot be delivered as addressed, or if Inability to de. they are refused, they should be reciprocally returned, without charge, directly to the dispatching office of exchange, at the expiration of thirty days from their receipt at the office of destination, and the country of origin may collect from the sender, for the return of the parcel, a sum equal to the postage when first mailed: Provided, however, That parcels prohibited by Article Pro5d.edaiII and those which do not conform to the conditions as to cles. size, weight and value, prescribed by said Article, shall not necessarily be returned to the country of origin, but may be disposed of, without recourse, in accordance with the customs laws and regulations of the country of destination. When the contents of a parcel which cannot be deliv- Destc ruction ered are liable to deterioration or corruption, they may articles. be destroyed at once, if necessary, or if expedient, sold, without previous notice or judicial formality, for the ben28872~-S. Doc. 306, 62-2-37 p544 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. efit of the right person, the particulars of each sale being noticed by one post-office to the other. ARTICLE X. for Rnsibimity The Post-office Department of either of the contracting countries will not be responsible for the loss or damage of any package; but either country is at liberty to indemnify the sender of any package which may be lost or destroyed on its territory. ARTICLE XI. Receiptb Each country shall retain to its own use the whole of the postages, and delivery fees, it collects on said packages; consequently, this Convention will give rise to no separate accounts between the two countries. ARTICLE XII. Further regu- The Postmaster General of the United States of Amerato. ica, and the Administrator of Finances of Surinam shall have authority to jointly make such further regulations of order and detail as may be found necessary to carry out the present Convention from time to time; and may, by agreement, prescribe conditions for the admission in packages exchanged under this Convention of any of the articles prohibited by Article II. ARTICLE XIII. Effect This Convention shall take effect and operations thereunder shall begin on the first day of October 1909, and shall continue in force until terminated by mutual agreement, but may be annulled at the desire of either Department, upon six months' previous notice given to the other. Done in duplicate, and signed at Paramaribo the 9th day of August 1909, and at Washington on the 28th day of August 1909. FRANK H. HITCHCOCK Postmaster General of the United States of America. J. WIERINGER Administrator of Finances of the Colony of Dutch Guiana. Ratifcation. The foregoing Parcel Post Convention between the United States of America and Dutch Guiana has been negotiated and concluded with my advice and consent, and is hereby approved and ratified. In testimony whereof, I have caused the seal of the United States to be hereunto affixed. [SEAL.] WM H TAFT By the President: ALVEY A. ADEE Acting Secretary of State. WASHINGTON September 4, 1909. TBEATIES AND CONVENTIONS. 545 Form No. 1. FoRM No. 1. A. Parcel Post between the United States and Dutch Guiana. Date Place to which FORM OF CUSTOMS DECLARATION. the parcel is stamp. addressed. Description of parcel: [State Total whether box, Contents. Value. Per cent. customs basket, bag, charges. etc.] Total, Date of posting............19.. signature and address of sender { - -............... 4S'For use of Post-Office only, and to be filled up at the office of exchange: Parcel Bill No............; No. of rates prepaid.............; Entry No.......... B. (Country of origin) Parcel Post from........................ The import duty assessed by an officer of customs on contents of this Date parcel amounts to......... which must be paid before the parcel is delivered. stamp. Customs Offlcer, C. A I. (Country of origin) Parcel Post from........................ This parcel has been passed by an officer of customs and must be Date delivered FREE OF CHARGE. stamp. FORM No. 2. Form No. Parcel post. A parcel addressed as under has been posted here this day: O..................................................................... Office stamp.......................................................................................................................................... This certificate is given to inform the sender of the posting of a parcel, and does not indicate that any liability in respect of such parcel attaches to the PostmasterGeneral. 546, LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. FORM No. 3. Form No. 3 Date stamp Date stamp of dispatch- of receiving ing exchange (Country of origin) (Country of destination) exchange Post-Office. Parcels from.............. for........................ Post-Office. Parcel Bill No.......,dated.....19..; per S.."....... *Sheet No.... o Origin of Name of Address of Declared Declared a m Z parcel. sender. parcel. contents. valueemars. Totals.. *When more than one sheet is required for the entry of the parcels sent by the mail, it will be sufficient if the undermentioned particulars are entered on the last sheet of the Parcel Bill. Total number of parcels sent by the Total weight of mail.................. mail to................................ (Country of destination) Number of boxes or other recepta- Deduct weight of receptacles.......... cles forming the mail.................. Signature of postal official at the dis- Net weight of parcels............. patching exchange post-office. Signature of postal official at the receiving........................... exchange post-office. Signature of postal official at the receiving exchange post-offloc. TREATIES AND CONVENTIONS. 547 Convention between the United States and other Powers for Oct. 18 1907. the pacific settlement of international disputes. Signed International arat The Hague October 18, 1907; ratification advised by 36 Stat. L.,pt. the Senate April 2, 1908; ratified by the President of the 2' P. 2199. United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention for the Pacific Settlement of Preamble. International Disputes was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language is word for word as follows: [Translation.] I. CONVENTION FOR THE PACIFIC SETTLEMENT OF INTERNATIONAL DISPUTES. His Majesty the German Emperor, King of Prussia; Contracting the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Domin-. ions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of 548 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperer of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: rve ose of con- Animated by the sincere desire to work for the maintenance of general peace; Resolved to promote by all the efforts in their power the friendly settlement of international disputes; Recognizing the solidarity uniting the members of the society of civilized nations; Desirous of extending the empire of law and of strengthening the appreciation of international justice; Convinced that the permanent institution of a Tribunal of Arbitration accessible to all, in the midst of independent Powers, will contribute effectively to this result; Having regard to the advantages attending the general and regular organization of the procedure of arbitration; Sharing the opinion of the august initiator of the International Peace Conference that it is expedient to record in an International Agreement the principles of equity and right on which are based the security of States and the welfare of peoples; Being desirous, with this object, of insuring the better working in practice of Commissions of Inquiry and Tribunals of Arbitration, and of facilitating recourse to arbitration in cases which allow of a summary procedure; Have deemed it necessary to revise in certain particulars and to complete the work of the First Peace Conference for the pacific settlement of international disputes; lenproten- The High Contracting Parties have resolved to conclude a new Convention for this purpose, and have appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following:of general peae. PART I.-THE MAINTENANCE OF GENERAL PEACE. ARTICLE 1. ment of differ- With a view to obviating as far as possible recourse to ence& force in the relations between States, the Contracting TREATIES AND CONVENTIONS. 549 Powers agree to use their best efforts to ensure the pacific settlement of international differences. PART II.-GOOD OFFICES AND MEDIATION. anGood mediation. ARTICLE 2. In case of serious disagreement or dispute, before an Recourse to appeal to arms, the Contracting Powers agree to have friendly powers. recourse, as far as circumstances allow, to the good offices or mediation of one or more friendly Powers. ARTICLE 3. Independently of this recourse, the Contracting Powers Offers of medideem it expedient and desirable that one or more Powers, aton. strangers to the dispute, should, on -their own initiative and as far as circumstances may allow, offer their good offices or mediation to the States at variance. Powers strangers to the dispute have the right to offer During hostiligood offices or mediation even during the course of hos-tes. tilities. The exercise of this right can never be regarded by Nlot an uneither of the parties in dispute as an unfriendly act. ARTICLE 4. The part of the mediator consists in reconciling the scope of medopposing claims and appeasing the feelings of resentment which may have arisen between the States at variance. ARTICLE 5. The functions of the mediator are at an end when once End of mediait is declared, either by one of the parties to the dispute or by the mediator himself, that the means of reconciliation proposed by him are not accepted. ARTICLE 6. Good offices and mediation undertaken either at the Not bindig. request of the parties in dispute or on the initiative of Powers strangers to the dispute have exclusively the character of advice, and never have binding force. ARTICLE 7. The acceptance of mediation cannot, unless there be an noar mteasues agreement to the contrary, have the effect of interrupting, delaying, or hindering mobilization or other measures of preparation for war. If it takes place after the commencement of hostilities, the military operations in progress are not interrupted in the absence of an agreement to the contrary. 550 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 8. Special media- The Contracting Powers are agreed in recommending the application, when circumstances allow, of special mediation in the following form:athoosing medi- In case of a serious difference endangering peace, the States at variance choose respectively a Power, to which they intrust the mission of entering into direct communication with the Power chosen on the other side, with the object of preventing the rupture of pacific relations. munirction oto or tle period of this mandate, the term of which, cease between unless otherwise stipulated, cannot exceed thirty days, tatesin dispute. the States in dispute cease from all direct communication on the subject of the dispute, which is regarded as referred exclusively to the mediating Powers, which must use their best efforts to settle it. Efforts to re- In case of a definite rupture of pacific relations, these store peace Powers are charged with the joint task of taking advantage of any opportunity to restore peace. cInter0national PART III.-INTERNATIONAL COMMISSIONS OF INQUIRY. commissions of inquiry. ARTICLE 9. vetigatio0f In disputes of an international nature involving neither opinionastofacts. honour nor vital interests, and arising from a difference of opinion on points of fact, the Contracting Powers deem it expedient and desirable that the parties who have not been able to come to an agreement by means of diplomacy, should, as far as circumstances allow, institute an International Commission of Inquiry, to facilitate a solution of these disputes by elucidating the facts by means of an impartial and conscientious investigation. ARTICLE 10. Special agree International Commissions of Inquiry are constituted by special agreement between the parties in dispute. miExtontj isc The Inquiry Convention defines the facts to be examtion. ined; it determines the mode and time in which the Commission is to be formed and the extent of the powers of the Commissioners. Meetings, etc. It also determines, if there is need, where the Commission is to sit, and whether it may remove to another place, the language the Commission shall use and the languages the use of which shall be authorized before it, as well as the date on which each party must deposit its statement of facts, and, generally speaking, all the conditions upon which the parties have agreed. Assessora If the parties consider it necessary to appoint Assessors, the Convention of Inquiry shall determine the mode of their s6lection and the extent of their powers. ARTICLE 11. nace of meet. If the Inquiry Convention has not determined where the Commission is to sit, it will sit at The Hague. TREATIES AND CONVENTIONS. 551 The place of meeting, once fixed, cannot be altered by the Commission except with the assent of the parties. If the Inquiry Convention has not determined what languages are to be employed, the question shall be decided by the Commission. ARTICLE 12. Unless an undertaking is made to the contrary, Comn- Formation. missions of Inquiry shalt be formed in the manner determined by Articles 45 and 57 of the present Convention. ARTICLE 13. Should one of the Commissioners or one of the Assessors, cFilling vacan. should there be any, either die, or resign, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him. ARTICLE 14. The parties are entitled to appoint special agents to Special agents. attend the Commission of Inquiry, whose duty it is to represent them and to act as intermediaries between them and the Commission. They are further authorized to engage counsel or advo- Counsel. cates, appointed by themselves, to state their case and uphold their interests before the Commission. ARTICLE 15. The International Bureau of the Permanent Court of ri^staa bof Arbitration acts as registry for the Commissions which sit reau. at The Hague, and shall place its offices and staff at the disposal of the Contracting Powers for the use of the Commission of Inquiry. ARTICLE 16. If the Commission meets elsewhere than at The Hague, Registry. it appoints a Secretary-General, whose office serves as registry. It is the function of the registry, under the control of Function the President, to make the necessary arrangements for the sittings of the Commission, the preparation of the Minutes, and, while the inquiry lasts, for the charge of the archives, which shall subsequently be transferred to the International Bureau at The Hague. ARTICLE 17. In order to facilitate the constitution and working of prGeerallesof Commissions of Inquiry, the Contracting Powers recommend the following rules, which shall be applicable to the 552 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. inquiry procedure in so far as the parties do not adopt other rules. ARTICLE 18. Further de. The Commission shall settle the details of the procedure not covered by the special Inquiry Convention or the present Convention, and shall arrange all the formalities required for dealing with the evidence. ARTICLE 19. Hearings. On the inquiry both sides must be heard. At the dates fixed, each party communicates to the Commission and to the other party the statements of facts, if any, and, in all cases, the instruments, papers, and documents which it considers useful for ascertaining the truth, as well as the list of witnesses and experts whose evidence it wishes to be heard. ARTICLE 20. Change of meet- The Commission is entitled, with the assent of the Powers, to move temporarily to any place where it considers it may be useful to have recourse to this means of inquiry or to send one or more of its members. Permission must be obtained from the State on whose territory it is proposed to hold the inquiry. ARTICLE 21. Presence at in- Every investigation, and every examination of a locality, must be made in the presence of the agents and counsel of the parties or after they have been duly summoned. ARTICLE 22. e c xplanations, The Commission is entitled to ask from either party for such explanations and information as it considers necessary. ARTICLE 23. Presenting evi- The parties undertake to supply the Commission of Inquiry, as fully as they may thnk possible, with all means and facilities necessary to enable it to become completely acquainted with, and to accurately understand, the facts in question. wAppearnce of They undertake to make use of the means at their disposal, under their municipal law, to insure the appearance of the witnesses or experts who are in their territory and have been summoned before the Commission. Depositions. If the witnesses or experts are unable to appear before the Commission, the parties will arrange for their evidence to be taken before the qualified officials of their own country. TREATIES AND CONVENTIONS. 553 ARTICLE 24. For all notices to be served by the Commission in the sin notice territory of a third Contracting Power, the Commission othroutrie shall apply direct to the Government of the said Power. The same rule applies in the case of steps being taken on the spot to procure evidence. The requests for this purpose are to be executed so far as the means at the disposal of the Power applied to under its municipal law allow. They can not be rejected unless the Power in question considers they are calculated to impair its sovereign rights or its safety. The Commission will equally be always entitled to act through the Power on whose territory it sits. ARTICLE 25. The witnesses and experts are summoned on the wSummoning request of the parties or by the Commission of its own motion, and, in every case, through the Government of the State in whose territory they are. The witnesses are heard in succession and separately, Heagsin the presence of the agents and counsel, and in the order fixed by the Commission. ARTICLE 26. The examination of witnesses is conducted by the oExamination President.s The members of the Commission may however put to each witness questions which they consider likely to throw light on and complete his evidence, or get information on any point concerning the witness within the limits of what is necessary in order to get at the truth. The agents and counsel of the parties may not interrupt the witness when he is making his statement, nor put any direct question to him, but they may ask the President to put such additional questions to the witness as they think expedient. ARTICLE 27. The witness must give his evidence without being Restricton on allowed to read any written draft. He may, however, witnes. be permitted by the President to consult notes or documents if the nature of the facts referred to necessitates their employment. ARTICLE 28. A Minute of the evidence of the witness is drawn up evTrart of forthwith and read to the witness. The latter may make such alterations and additions as he thinks necessary, which will be recorded at the end of his statement. When the whole of his statement has been read to the witness, he is asked to sign it. 554 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 29. Statements by The agents are authorized, in the course of or at the close of the inquiry, to present in writing to the Commission and to the other party such statements, requisitions, or summaries of the facts as they consider useful for ascertaining the truth. ARTICLE 30. Decisios of The Commission considers its decisions in private and commisio the proceedings are secret. djorty to de- All questions are decided by a majority of the members of the Commission. Record of dve If a member declines to vote, the fact must be recorded ning to otein the Minutes. ARTICLE 31. Sittings, etc., The sittings of the Commission are not public, nor the Minutes and documents connected with the inquiry published except in virtue of a decision of the Commission taken with the consent of the parties. ARTICLE 32. Termination of After the parties have presented all the explanations and evidence, and the witnesses have all been heard, the President declares the inquiry terminated, and the Commission adjourns to deliberate and to draw up its Report. ARTICLE 33. Report. The Report is signed by all the members of the Commission. If one of the members refuses to sign, the fact is mentioned; but the validity of the Report is not affected. ARTICLE 34. Reading of re- The Report of the Commission is read at a public sitPo. ting, the agents and counsel of the parties being present or duly summoned. A copy of the Report is given to each party. ARTICLE 35. Effectofreport. The Report of the Commission is limited to a statement of facts, and has in no way the character of an Award. It leaves to the parties entire freedom as to the effect to be given to the statement. ARTICLE 36. Expenses. Each party pays its own expenses and an equal share of the expenses incurred by the Commission. TREATIES AND CONVENTIONS. 555 PART IV.-INTERNATIONAL ARBITRATION. arnterational CHAPTER I.-The system of arbitration. system. ARTICLE 37. International arbitration has for its object the settle- Object ment of disputes between States by Judges of their own choice and on the basis of respect for law. Recourse to arbitration implies an engagement to sub- aSuwardi.0 to mit in good faith to the Award. ARTICLE 38. In questions of a legal nature, and especially in the Recognition by interpretation or application of International Conventions, arbitration is recognized by the Contracting Powers as the most effective, and, at the same time, the most equitable means of settling disputes which diplomacy has failed to settle. Consequently, it would be desirable that, in disputes Recourse to Its about the above-mentioned questions, the Contracting Powers should, if the case arose, have recourse to arbitration, in so far as circumstances permit. ARTICLE 39. The Arbitration Convention is concluded for questions cOQus to be already existing or for questions which may arise eventually. It may embrace any dispute or only disputes of a certain category. ARTICLE 40. Independently of general or private Treaties expressly pEflenson of stipulating recourse to arbitration as obligatory on the served. Contracting Powers the said Powers reserve to themselves the right of concluding new Agreements, general or particular, with a view to extending compulsory arbitration to all cases which they may consider it possible to submit to it. CHAPTER II.-The permanent court of arbitration. Permf anent tion. ARTICLE 41. With the object of facilitating an immediate recourse agint1enance to arbitration for international differences, which it has agreed to. not been possible to settle by diplomacy, the Contracting Powers undertake to maintain the Permanent Court of Arbitration, as established by the First Peace Conference, accessible at all times, and operating, unless otherwise stipulated by the parties, in accordance with the rules of procedure inserted in the present Convention. 556 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 42. Authority. The Permanent Court is competent for all arbitration cases, unless the parties agree to institute a special Tribunal. ARTICLE 43. Location. The Permanent Court sits at The Hague. bIrenatue ational An International Bureau serves as registry for the Purpose, etc. Court. It is the channel for communications relative to the meetings of the Court; it has charge of the archives and conducts all the administrative business. wardsof spe- The Contracting Powers undertake to communicate to the Bureau, as soon as possible, a certified copy of any conditions of arbitration arrived at between them and of any Award concerning them delivered by a special Tribunal. aExection of They likewise undertake to communicate to the Bureau the laws, regulations, and documents eventually showing the execution of the Awards given by the Court. ARTICIE 44. Selection of ar- Each Contracting Power selects four persons at the bitrators. most, of known competency in questions of international law, of the highest moral reputation, and disposed to accept the duties of Arbitrator. List of mem- The persons thus selected are inscribed, as members of the Court, in a list which shall be notified to all the Contracting Powers by the Bureau. Changes. Any alteration in the list of Arbitrators is brought by the Bureau to the knowledge of the Contracting Powers. Selection i Two or more Powers may agree on the selection in common of one or more members. Terms. The same person can be selected by different Powers. The members of the Court are appointed for a term of six years. These appointments are renewable. Vacancies. Should a member of the Court die or resign, the same procedure is followed for filling the vacancy as was followed for appointing him. In this case the appointment is made for a fresh period of six years. ARTICLE 45. PhoP eris io When the Contracting Powers wish to have recourse to t he Permanent Court for the settlement of a difference which has arisen between them, the Arbitrators called upon to form the Tribunal with jurisdiction to decide this difference must be chosen from the general list of members of the Court. rFaure of di- Failing the direct agreement of the parties on the com-. position of the Arbitration Tribunal, the following course shall be pursued:of^ eparat arbi Each party appoints two Arbitrators,of whomoneonly trators. can be its national or chosen from among the persons TREATIES AND CONVENTIONS. 557 selected by it as members of the Permanent Court. These Arbitrators together choose an Umpire. If the votes are equally divided, the choice of the Um- Umpire. pire is intrusted to a third Power, selected by the parties y common accord. If an agreement is not arrived at on this subject each Selection by party selects a different Power, and the choice of the Umpire is made in concert by the Powers thus selected. If, within two months' time, these two Powers cannot of Dmpireinatise come to an agreement, each of them presents two candi- of disagreement. dates taken from the list of members of the Permanent Court, exclusive of the members selected by the parties and not being nationals of either of them. Drawing lots determines which of the candidates thus presented shall be Umpire. ARTICLE 46. The Tribunal being thus composed, the parties notify Notification to to the Bureau their determination to have recourse to the Court, the text of their " Compromis,"I and the names of the Arbitrators. The Bureau communicates without delay to each Arbi- Notification to trator the "Compromis," and the names of the other members of the Tribunal. The Tribunal assembles at the date fixed by the parties. Meeting of triThe Bureau makes the necessary arrangements for the bunal. meeting. The members of the Tribunal, in the exercise of their Diplomatic duties and out of their own country, enjoy diplomatic privileges and immunities. ARTICLE 47. The Bureau is authorized to place its offices and staff at Use of bureau the disposal of the Contracting Powers for the use of any special Board of Arbitration. The jurisdiction of the Permanent Court may, within Extension ontra the conditions laid down in the regulations, be extended powers. to disputes between non-Contracting Powers or between Contracting Powers and non-Contracting Powers, if the parties are agreed on recourse to this Tribunal. ARTICLE 48. The Contracting Powers consider it their duty, if a Notifying dis. serious dispute threatens to break out between two or more of them, to remind these latter that the Permanent Court is open to them. Consequently, they declare that the fact of reminding fieded as a the parties at variance of the provisions of the present Convention, and the advice given to them, in the highest interests of peace, to have recourse to the Permanent Court, can only be regarded as friendly actions. t The preliminary agreement in an international arbitration defining the point at ssue and arranging the procedure to be followed, 558 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Offer for arbi- In case of dispute between two Powers, one of them can always address to the International Bureau a note containing a declaration that it would be ready to submit the dispute to arbitration. Notice to other The Bureau must at once inform the other Power of the por. declaration. ARTICLE 49. Administrative The Permanent Administrative Council, composed of the Diplomatic Representatives of the Contracting Powers accredited to The Hague and of the Netherland Minister for Foreign Affairs, who will act as President, is charged with the direction and control of the International Bureau. Functions. The Council settles its rules of procedure and all other necessary regulations. It decides all questions of administration which may arise with regard to the operations of the Court. It has entire control over the appointment, suspension, or dismissal of the officials and employees of the Bureau. It fixes the payments and salaries, and controls the general expenditure. Quorum etc. At meetings duly summoned the presence of nine members is sufficient to render valid the discussions of the Council. The decisions are taken by a majority of votes. Regulations. The Council communicates to the Contracting Powers nnual report. without delay the regulations adopted by it. It furnishes them with an annual Report on the labours of the Court, the working of the administration, and the expenditure. The Report likewise contains a resume of what is important in the documents communicated to the Bureau by the Powers in virtue of Article 43 paragraphs 3 and 4. ARTICLE 50. Expenses. The expenses of the Bureau shall be borne by the Contracting Powers in the proportion fixed for the International Bureau of the Universal Postal Union. The expenses to be charged to the adhering Powers shall be reckoned from the date on which their adhesion comes into force. Procedure. CHAPTER III.-Arbitration procedure. ARTICLE 51. enera rules. With a view to encouraging the development of arbitration, the Contracting Powers have agreed on the following rules, which are applicable to arbitration procedure, unless other rules have been agreed on by the parties. ARTICLE 52. "Compro." The Powers which have recourse to arbitration sign a "Compromis," in which the subject of the dispute is TREATIES AND CONVENTIONS. 559 clearly defined, the time allowed for appointing Arbitrators, the form, order, and time in which the communication referred to in Article 63 must be made, and the amount of the sum which each party must deposit in advance to defray the expenses. The "Compromis " likewise defines, if there is occasion, tiFurther condithe manner of appointing Arbitrators, any special powers which may eventually belong to the Tribunal, where it shall meet, the language it shall use, and the languages the employment of which shall be authorized before it, and, generally speaking, all the conditions on which the parties are agreed. ARTICLE 53. The Permanent Court is competent to settle the "Com- Settlement by promis," if the parties are agreed to have recourse to it for the purpose. It is similarly competent, even if the request is only Requests by made by one of the parties, when all attempts to reach an understanding through the diplomatic channel have failed, in the case of:1. A dispute covered by a general Treaty of Arbitra- ar i putrde tion concluded or renewed after the present Convention ies. has come into force, and providing for a "Compromis" in all disputes and not either explicitly or implicitly excluding the settlement of the "Compromis" from the competence of the Court. Recourse cannot, however, Exception. be had to the Court if the other party declares that in its opinion the dispute does not belong to the category of disputes which can be submitted to compulsory arbitration, unless the Treaty of Arbitration confers upon the Arbitration Tribunal the power of deciding this preliminary question; 2. A dispute arising from contract debts claimed from contract debts. one Power by another Power as due to its nationals, and for the settlement of which the offer of arbitration has been accepted. This arrangement is not applicable if acceptance is subject to the condition that the "Compromis" should be settled in some other way. ARTICLE 54. In the cases contemplated in the preceding Article, the Selection of "Compromis" shall be settled by a Commission consisting of five members selected in the manner arranged for in Article 45, paragraphs 3 to 6. The fifth member is President of the Commission ex oficio. ARTICLE 55. The duties of Arbitrator may be conferred on one Arbi- S.electon of artrator alone or on several Arbitrators selected by the par- bitrator ties as they please, or chosen by them from the members of the Permanent Court of Arbitration established by the present Convention. 28872~-S. Doc. 306, 62-2-38 560 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Disagreements Failing the constitution of the Tribunal by direct agreement between the parties, the course referred to in Article 45, paragraphs 3 to 6, is followed. ARTICLE 56. Arbitraton by When a Sovereign or the Chief of a State is chosen as sovereig, etc. Arbitrator, the arbitration procedure is settled by him. ARTICLE 57. tPrident of The Umpire is President of the Tribunal ex officio. When the Tribunal does not include an Umpire, it appoints its own President. ARTICLE 58. fored by com- a When the "Compromis" is settled by a Commission, as mission. contemplated in Article 54, and in the absence of an agreement to the contrary, the Commission itself shall form the Arbitration Tribunal. ARTICLE 59. Vacancies. Should one of the Arbitrators either die, retire, or be unable for any reason whatever to discharge his functions, the same procedure is followed for filling the vacancy as was followed for appointing him. ARTICLE 60. Sessions. The Tribunal sits at The Hague, unless some other place is selected by the parties. The Tribunal can only sit in the territory of a third Power with the latter's consent. The place of meeting once fixed cannot be altered by the Tribunal, except with the consent of the parties. ARTICLE 61. Selection of lan- If the question as to what languages are to be used has not been settled by the "Compromis," it shall be decided by the Tribunal. ARTICLE 62. Agents. The parties are entitled to appoint special agents to attend the Tribunal to act as intermediaries between themselves and the Tribunal. Council. They are further authorized to retain for the defence of their rights and interests before the Tribunal counsel or advocates appointed by themselves for this purpose. members of per- The members of the Permanent Court may not act as manent court. agents, counsel, or advocates except on behalf of the Power which appointed them members of the Court. TREATIES AND CONVENTIONS. 561 ARTICLE 63. As a general rule, arbitration procedure comprises two Procedre. distinct phases: pleadings and oral discussions. The pleadings consist min the communication by the re- Pleadingspective agents to the members of the Tribunal and the opposite party of cases, counter-cases, and, if necessary, of replies; the parties annex thereto all papers and documents called for in the case. This communication shall be made either directly or through the intermediary of the International Bureau, in the order and within the time fixed by the "Compromis." The time fixed by the "Compromis" may be extended Extnslion of by mutual agreement by the parties, or.by the Tribunal time. when the latter considers it necessary for the purpose of reaching a just decision. The discussions consist in the oral development before Oral discus. the Tribunal of the arguments of the parties. ARTICLE 64. A certified copy of every document produced by one doEchange orf party must be communicated to the other party. ARTICLE 65. Unless special circumstances arise, the Tribunal does Meetin of tri not meet until the pleadings are closed. ARTICLE 66. The discussions are under the control of the President. Discussios. They are only public if it be so decided by the Tribunal, Public. with the assent of the parties. They are recorded in minutes drawn up by the Secre- Record. taries appointed by the President. These minutes are signed by the President and by one of the Secretaries and alone have an authentic character. ARTICLE 67. After the close of the pleadings, the Tribunal is entitled Limiting die. to refuse discussion of all new papers or documents which (usso. one of the parties may wish to submit to it without the consent of the other party. ARTICLE 68. The Tribunal is free to take into consideration new Adnemiion of papers or documents to which its attention may be new eviden. drawn by the agents or counsel of the parties. In this case, the Tribunal has the right to require the production of these papers or documents, but is obliged to make them known to the opposite party. 662 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 69. ProduEcton of The Tribunal can, besides, require from the agents of the parties the production of all papers, and can demand all necessary explanations. In case of refusal the Tribunal takes note of it. ARTICLE 70. Oral argu- The agents and counsel of the parties are authorized to present orally to the Tribunal all the arguments they may consider expedient in defence of their case. ARTICLE 71. Deciions final. They are entitled to raise objections and points. The decisions of the Tribunal on these points are final and cannot form the subject of any subsequent discussion. ARTICLE 72. Question by The members of the Tribunal are entitled to put questions to the agents and counsel of the parties, and to ask them for explanations on doubtful points. Neither the questions put, nor the remarks made by members of the Tribunal in the course of the discussions, can be regarded as an expression of opinion by the Tribunal in general or by its members in particular. ARTICLE 73. Competence of The Tribunal is authorized to declare its competence in interpreting the "Compromis," as well as the other Treaties which may be invoked, and in applying the principles of law. ARTICLE 74. Special rules. The Tribunal is entitled to issue rules of procedure for for the conduct of the case, to decide the forms, order, and time in which each party must conclude its arguments, and to arrange all the formalities required for dealing with the evidence. ARTICLE 75. InforSmaton to The parties undertake to supply the Tribunal, as fully as they consider possible, with all the information required for deciding the case. ARTICLE 76. sinervcunotice For all notices which the Tribunal has to serve in the territory of a third Contracting Power, the Tribunal shall apply direct to the Government of that Power. The same rule applies in the case of steps being taken to procure evidence on the spot. TREATIES AND CONVENTIONS. 563 The requests for this purpose are to be executed as far quEeutg m as the means at the disposal of the Power applied to quests. under its municipal law allow. They cannot be rejected unless the Power in question considers them calculated to impair its own sovereign rights or its safety. The Court will equally be always entitled to act through the Power on whose territory it sits. ARTICLE 77. When the agents and counsel of the parties have sub- iooe of discus mitted all the explanations and evidence in support of their case the President shall declare the discussion closed. ARTICLE 78. The Tribunal considers its decisions in private and the Deliberations private. proceedings remain secret. All questions are decided by a majority of the members c1ajorit to deof the Tribunal. ARTICLE 79. The Award must give the reasons on which it is based. aSatement of It contains the names of the Arbitrators; it is signed by the President and Registrar or by the Secretary acting as Registrar. ARTICLE 80. The Award is read out in public sitting, the agents and Announce. counsel of the parties being present or duly summoned ment. to attend. ARTICLE 81. The Award, duly pronounced and notified to the agents Finality. of the parties, settles the dispute definitely and without appeal. ARTICLE 82. Any dispute arising between the parties as to the in- Disputs as to terpretation and execution of the Award shall, in thenteretation. absence of an Agreement to the contrary, be submitted to the Tribunal which pronounced it. ARTICLE 83. The parties can reserve in the "Compromis" the right Right of revi. to demand the revision of the Award. In this case and unless there be an Agreement to the deround for contrary, the demand must be addressed to the Tribunal dem which pronounced the Award. It can only be made on the ground of the discovery of some new fact calculated to exercise a decisive influence upon the Award and which was unknown to the Tribunal and to the party which demanded the revision at the time the discussion was closed. 564 LAWS RELATING TO INSUTAR AND MILITARY AFFAIRS. I ~ oceding Proceedings for revision can only be instituted by a decision of the Tribunal expressly recording the existence of the new fact, recognizing in it the character described in the preceding paragraph, and declaring the demand admissible on this ground. Limitation. The "Compromis" fixes the period within which the demand for revision must be made. ARTICLE 84. Parties bound. The Award is not binding except on the parties in dispute. egh tof inther When it concerns the interpretation of a Convention to rene. which Powers other than those in dispute are parties, they shall inform all the Signatory Powers in good time. Each of these Powers is entitled to intervene in the case. If one or more avail themselves of this right, the interpretation contained in the Award is equally binding on them. ARTICLE 85. Expenses. Each party pays its own expenses and an equal share of the expenses of the Tribunal. Summary arbi CHAPTER IV.-Arbitration by summary procedure. Aation. ARTICLE 86. t Rules for Sum- With a view to facilitating the working of the system of arbitration in disputes admitting of a summary procedure, the Contracting Powers adopt the following rules, which shall be observed in the absence of other arrangements and subject to the reservation that the provisions of Chapter III apply so far as may be. ARTICLE 87. Arbitrators and Each of the parties in dispute appoints an Arbitrator. The two Arbitrators thus selected choose an Umpire. If they do not agree on this point, each of them proposes two candidates taken from the general list of the members of the Permanent Court exclusive of the members appointed by either of the parties and not being nationals of either of them; which of the candidates thus proposed shall be the Umpire is determined by lot. The Umpire presides over the Tribunal, which gives its decisions by a majority of votes. ARTICLE 88. Submsson of In the absence of any previous agreement the Tribunal, as soon as it is formed, settles the time within which the two parties must submit their respective cases to it. TREATIES AND CONVENTIONS. 665 ARTICLE 89. Each party is represented before the Tribunal by an Aben agent, who serves as intermediary between the Tribunal and the Government who appointed him. ARTICLE 90. The proceedings are conducted exclusively in writing. Poceedings to Each party, however, is entitled to ask that witnesses ing. and experts should be called. The Tribunal has, for its oral explan part, the right to demand oral explanations from the agents of the two parties, as well as from the experts and witnesses whose appearance in Court it may consider useful. PART V.-FINAL PROVISIONS. Final provi sions. ARTICLE 91. The present Convention, duly ratified, shall replace, tiFormerpconve as between the Contracting Powers, the Convention for Vol. 32, p. 1779. the Pacific Settlement of International Disputes of the 29th July, 1899. ARTICLE 92. The present Convention shall be ratified as soon as Ratification. possible. The ratifications shall be deposited at The Hague. Hepsit at The The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. A duly certified copy of the proces-verbal relative to the torefled copies first deposit of ratifications, of the notifications mentioned in the preceding paragraph, and of the instruments of ratification, shall be immediately sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to those Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform the Powers of the date on which it received the notification. ARTICLE 93. Non-Signatory Powers which have been invited to the pNongnator Second Peace Conference may adhere to the present here. Convention. The Power which desires to adhere notifies its intention Notifcation of in writing to the Netherland Government, forwarding to 566 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. it the act of adhesion, which shall be deposited in the archives of the said Government. Comm n ca- r This Government shall immediately forward to all the tion to other Powers. other Powers invited to the Second Peace Conference a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 94. Adherence by The conditions on which the Powers which have not other Powers. been invited to the Second Peace Conference may adhere to the present Convention shall form the subject of a subsequent Agreement between the Contracting Powers. ARTICLE 95. Effect of ratif- The present Convention shall take effect, in the case of the Powers which were not a party to the first deposit of ratifications, sixty days after the date of the proees-verbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 96. Denunciation. In the event of one of the Contracting Parties wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers informing them of the date on which it was received. owert iofi n The denunciation shall only have effect in regard to the fected. notifying Power, and one year after the notification has reached the Netherland Government. ARTICLE 97. Regster of rati- A register kept by the Netherland Minister for Foreign Affairs shall give the date of the deposit of ratifications effected in virtue of Article 92, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 93, paragraph 2) or of denunciation (Article 96, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. signing. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention. Deposit of orig- Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Contracting Powers. Signature. [Here follow signatures.] TREATIES AND CONVENTIONS. 567 And whereas the said Convention was signed by the Reservation by Plenipotentiaries of the United States of America undernited ta reserve of the declaration made by them to the International Peace Conference at its session of October 16, 1907, as follows: "Nothing contained in this convention shall be so construed as to require the United States of America to depart from its traditional policy of not intruding upon, interfering with, or entangling itself in the political questions of policy or internal administration of any foreign state; nor shall anything contained in the said convention be construed to imply a relinquishment by the United States of its traditional attitude toward purely American questions;" And whereas the Senate of the United States, by its thRelutati of resolution of April 2, 1908, (two-thirds of the Senators Senate. present concurring therein) did advise and consent to the ratification of the said Convention with the following understanding and declarations, to wit: "Resolved further, as part of this act of ratification, That the United States approves this convention with the understanding that recourse to the permanent court for the settlement of differences can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute; and the United States now exercises the option contained in article fifty-three of said convention, to exclude the formulation of the 'compromis' by the permanent court, and hereby excludes from the competence of the permanent court the power to frame the 'compromis' required by general or special treaties of arbitration concluded or hereafter to be concluded by the United States, and further expressly declares that the 'compromis' required by any treaty of arbitration to which the United States may be a party shall be settled only by agreement between the contracting parties, unless such treaty shall expressly provide otherwise." And whereas the said Convention has been duly ratified Ratification by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Germany, Austria-Hungary, Bolivia, China, Denmark, Mexico, the Netherlands, Russia, Salvadore, and Sweden, and the ratifications of the said Governments were, under the provisions of Article 92 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909; Now, therefore, be it known that I, William Howard Proclamation. Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof, subject to the reserve made in the aforesaid declaration of the Plenipotentiaries of the 568 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. United States and to the aforesaid understanding and declarations stated and made by the Senate of the United States in its resolution of April 2, 1908. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. Oct. 18, 907. Convention between the United States and other Powers re36 Stat. L., pt. specting the limitation of the employment offorce for the 2. 2. recovery of contract debts. Signed at The Hague October 18, 1907; ratification advised by the Senate April 17, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Contract debts. Whereas a Convention respecting the limitation of the employment of force for the recovery of contract debts was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Bolivia, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Russia, Salvador, Servia, Turkey, and Uruguay, the original of which Convention, being in the French language, is word for word as follows: [Translation.] II. CONVENTION RESPECTING THE LIMITATION OF THE EMPLOYMENT OF FORCE FOR THE RECOVERY OF CONTRACT DEBTS. Contracting His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor. of Austria, King of Bohemia, &c., and Apostolic King TREATIES AND CONVENTIONS. 569 of Hungary; the President of the Republic of Bolivia; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; Hfis Majesty the King of Portugal and of the Algarves, &c.; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay: Being desirous of avoiding between nations armed con- Purpose of con. flicts of a pecuniary origin arising from contract debts vention. which are claimed from the Government of one country by the Government of another country as due to its nationals, have resolved to conclude a Convention to this effect, and have appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] PlenipotenWho, after depositing their full powers, found in good and due form, have agreed upon the following provisions:ARTICLE 1. The Contracting Powers agree not to have recourse to oArmed d for ce armed force for the recovery of contract debts claimed recovering confrom the Government of one country by the Government tract debts. of another country as being due to its nationals. This undertaking is, however, not applicable when the Exception. debtor State refuses or neglects to reply to an offer of arbitration, or, after accepting the offer, prevents any "Compromis" from being agreed on, or, after the arbitration, fails to submit to the award. ARTICLE 2. It is further agreed that the arbitration mentioned in Arb t r a t on paragraph 2 of the foregoing Article shall be subject to the procedure laid down in Part IV, Chapter 3, of The 570 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Hague Convention for the Pacific Settlement of InternaAwrd. tional Disputes. The award shall determine, except where otherwise agreed between the parties, the validity of the claim, the amount of the debt, and the time and mode of payment. ARTICLE 3. Ratification. The present Convention shall be ratified as soon as possible. Deposit at The The ratifications shall be deposited at The TIague. The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers taking part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. Certified copies A duly certified copy of the proces-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be sent immediately by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification. ARTICLE 4. pNoNeiga to rz Non-Signatory Powers may adhere to the present Powers may adhere. Convention. Notification of The Power which desires to adhere notifies its intention intent. in writing to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. Commiunio t The said Government shall forward immediately to all Powers. the other Powers invited to the Second Peace Conference a duly certified copy of the notification, as well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 5. Effect of ratif- The present Convention shall come into force, in the cation. case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of this deposit, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. TREATIES AND CONVENTIONS. 571 ARTICLE 6. In the event of one of the Contracting Powers wishing Denunciation. to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received. The denunciation shall only have effect in regard to the pN ot i i ng notifying Power, and one year after the notification has fected. reached the Netherland Government. ARTICLE 7. A register kept by the Netherland Ministry for Foreign ficalterof ratiAffairs shall give the date of the deposit of ratifications made in virtue of Article 3, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 4, paragraph 2) or of denunciation (Article 6, paragraph 1) Supra. were received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended signing. their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single Deposit of origcopy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent to the Contracting Powers through the diplomatic channel. [Here follow snaturesignatures. And whereas the Senate of the United States by their the United States resolution of April 17, 1908, (two-thirds of the Senators Senate. present concurring therein) did advise and consent to the ratification of the said Convention, with the following understanding, to wit: "Resolved further, as a part of this act of ratification, Thatpl t rat the United States approves this convention with the understanding that recourse to the permanent court for the settlement of the differences referred to in said convention can be had only by agreement thereto through general or special treaties of arbitration heretofore or hereafter concluded between the parties in dispute;" And whereas the said Convention has been duly ratified Ratification. by the Government of the United States of America subject to the aforesaid understanding, and by the Governments of Germany, Austria-Hungary, Denmark, Great Britain, Mexico, the Netherlands, Russia, and Salvador, and the ratifications of the said Governments were, under the provisions of Article 3 of the said Convention, depositedby their respective Plenipotentiaries with the Netherlands Government on November 27, 1909; 572 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Adherence of And whereas, in accordance with the provisions of Arti. cle 4 of the said Convention, the Government of China gave notification to the Netherlands Government on January 15, 1910, of its adherence to the said Convention; Proclamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof, subject to the understanding contained in the resolution of the Senate of the United States of April 17, 1908. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord on thousand nine hundred and ten, and of the Inde[SEAL] pendence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. Oct. 18, 1907. Convention between the United States and other Powers rela36 Stat- L., pt. tive to the opening of hostilities. Signed at The Hague 2,. 2259. October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Opening hos Whereas a Convention relative to the opening of hosPreamble. tilities was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, ltal, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: TREATIES AND CONVEN TIONS. 573 ITranslation.] III. CONVENTION RELATIVE TO THE OPENING OF HOSTILITIES. His Majesty the German Emperor, King of Prussia; Co tracting the President of the United States of America; the Presi- Powers. dent of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Considering that it is important, in order to ensure the P.rpose of conmaintenance of pacific relations, that hostilities should vet not commence without previous warning; That it is equally important that the existence of a state of war should be notified without delay to neutral Powers; Being desirous of concluding a Convention to this effect, tiPlen i pt e have appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions: 574 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 1. mNoc ctic l- The Contracting Powers recognize that hostilities beties. tween themselves must not commence without previous and explicit warning, in the form either of a reasoned declaration of war or of an ultimatum with conditional declaration of war. ARTICLE 2. Notice to neu- The existence of a state of war must be notified to the neutral Powers without delay, and shall not take effect in regard to them until after the receipt of a notification, which may, however, be given by telegraph. Neutral Powers, nevertheless, cannot rely on the absence of notification if it is clearly established that they were in fact aware of the existence of a state of war. ARTICLE 3. Efect on Con- Article 1 of the present Convention shall take effect in case of war between two or more of the Contracting Powers. Article 2 is binding as between a belligerent Power which is a party to the Convention and neutral Powers which are also parties to the Convention. ARTICLE 4. Ratification. The present Convention shall be ratified as soon as possible. Hageoit at The The ratification shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. Cotoers copies A duly certified copy of the proces-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherland Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification. ARTICLE 5. Nonsignat' r Non-Signatory Powers may adhere to the present Conoer. ventiomay here. vention. TREATIES AND CONVENTIONS. 575 The Power which wishes to adhere notifies in writing Notification of its intention to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. The said Government shall at once forward to all the iommu n i aer other Powers a duly certified copy of the notification as Powers. well as of the act of adhesion, stating the date on which it received the notification. ARTICLE 6. The present Convention shall come into force, in the zaffet of raticase of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of that deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 7. In the event of one of the High Contracting Parties Denunciation. wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only have effect in regard toN ot i f yi n g the notifying Power, and one year after the notification fected. has reached the Netherland Government. ARTICLE 8. A register kept by the Netherland Ministry for Foreign ficsteir of ratiAffairs shall give the date of the deposit of ratifications made in virtue of Article 4, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 5, paragraph 2) or of denunciation (Article 7, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended signing. their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single Deposit of orig. copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] And whereas the Senate of the United States, by their c ns ent of U nited States resolution of March 10, 1908 (two-thirds of the Senators Senate. present concurring therein) did advise and consent to the ratification of the said Convention; 28872~-S. Doc. 306, 62 ---39 576 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Ratifalton. And whereas the said Convention has been duly ratified by the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Austria-Hungary, Bolivia, Denmark, Germany, Great Britain, Mexico, the Netherlands, Russia, Salvador, and Sweden, and the ratifications of the said Governments were, under the provisions of Article 4 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November27 1909; dherence of And whereas in accordance with the provisions of Article 5 of the said Convention, the Government of China gave notification to the Netherlands Government on January 15, 1910, of its adherence to the said Convention: rclamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P CKNox Secretary of State. Oct. 18, 17. Convention between the United States and other Powers 2 Stat. L., pt. respecting the laws and customs of war on land. Signed 2, P. 2. at The Hague October 18,1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. War oland. Whereas a Convention respecting the laws and customs of war on land was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Belgium, olivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, France, Great Britain, Greece, TREATIES AND CONVENTIONS. 577 Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: [Translation.) IV. CONVENTION RESPECTING THE CUSTOMS OF WAR ON LAND. His Majesty the German Emperor, King of Prussia; the Con tracting President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Seeing that, while seeking means to preserve peace and Prpre of conprevent armed conflicts between nations, it is likewise necessary to bear in mind the case where the appeal to arms has been brought about by events which their care was unable to avert; 578 LAWS RELATING TO INSULAR 4ND MILITARY AFFAIRS. Animated by the desire to serve, even in this extreme case, the interests of humanity and the ever progressive needs of civilization; Thinking it important, with this object, to revise the general laws and customs of war, either with a view to defining them with greater precision or to confining them within such limits as would mitigate their severity as far as possible; Have deemed it necessary to complete and explain in certain particulars the work of the First Peace Conference, which, following on the Brussels Conference of 1874, and inspired by the ideas dictated by a wise and generous forethought, adopted provisions intended to define and govern the usages of war on land. According to the views of the High Contracting Parties, these provisions, the wording of which has been inspired by the desire to diminish the evils of war, as far as military requirements permit, are intended to serve as a general rule of conduct for the belligerents in their mutual relations and in their relations with the inhabitants. It has not, however, been found possible at present to concert Regulations covering all the circumstances which raise in practice; On the other hand, the High Contracting Parties clearly do not intend that unforeseen cases should, in the absence of a written undertaking, be left to the arbitrary judgment of military commanders. Until a more complete code of the laws of war has been issued, the High Contracting Parties deem it expedient to declare that, in cases not included in the Regulations adopted by them, the inhabitants and the belligerents remain under the protection and the rule of the principles of the law of nations, as they result from the usages established among civilized peoples, from the laws of humanity, and the dictates of the public conscience. They declare that it is in this sense especially that Articles 1 and 2 of the Regulations adopted must be understood. The High Contracting Parties, wishing to conclude a fresh Convention to this effect, have appointed the following as their Plenipotentiaries: tie0nipoten- [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following:ARTICLE 1. toIntruaeti is The Contracting Powers shall issue instructions to their to armed land forces. armed land forces which shall be in conformity with the Regulations respecting the Laws and Customs of War on Land, annexed to the present Convention. ARTICLE 2. Powen bound. The provisions contained in the Regulations referred to in Article 1, as well as in the present Convention, do not TREATIES AND CONVENTIONS. 579 apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. ARTICLE 3. A belligerent party which violates the provisions of the viPnaltrgula said Regulations shall, if the case demands, be liable to tions. pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces. ARTICLE 4. The present Convention, duly ratified, shall as between Prior conenthe Contracting Powers, be substituted for the Conventionionreplaced. of the 29th July, 1899, respecting the Laws and Customs of War on Land. The Convention of 1899 remains in force as between the offntie onuanen Powers which signed it, and which. do not also ratify the tion. present Convention. ARTICLE 5. The present Convention shall be ratified as soon as Ratfication. possible. The ratifications shall be deposited at The Hague. eupesit at The The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. A duly certified copy of the proces-verbal relative to the toCoied copies first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be immediately sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall at the same time inform them of the date on which it received the notification. ARTICLE 6. Non-Signatory Powers may adhere to the present Con- noAigenceory vention. Powers. The Power which desires to adhere notifies in writing inotfication of its intention to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. This Government shall at once transmit to all the other Comti Un c a tion to other PowPowers a duly certified copy of the notification as well as ers. of the act of adhesion, mentioning the date on which it received the notification. 580 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 7. Efoect of ratfit- The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 8. Denunciation. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. oN ot oin na The denunciation shall only have effect in regard to the fected. notifying Power, and one year after the notification has reached the Netherland Government. ARTICLE 9. Register of rati- A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit o ratifications made in virtue of Article 5, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 6, paragraph 2) or of denunciation (Article 8, paragraph 1) were received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts. signing. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention. Deposit of orig. Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. signatures. [Here follow signatures.] ANNEX TO THE CONVENTION. Reguations. Regulations respecting the laws and customs of war on land. Beigerents. SECTION I.-ON BELLIGERENTS. Qualifications. CHAPTER I.-The Qualifications of Belligerents. ARTICLE 1. lapp licatito The laws, rights, and duties of war apply not only to forces. armies but also to militia, and volunteer corps fulfilling the following conditions: TREATIES AND CONVENTIONS. 581 1. To be commanded by a person responsible for his PDePt"rL subordinates; 2. To have a fixed distinctive emblem recognizable at a distance; 3. To carry arms openly; and 4. To conduct their operations in accordance with the laws and customs of war. In countries where militia or volunteer corps constitute norces included the army, or form part of it, they are included under the i denomination "army." ARTICLE 2. The inhabitants of a territory which has not been occu- Unorganized pied, who, on the approach of the enemy, spontaneously ognized. take up arms to resist the invading troops without having had time to organize themselves in accordance with Article 1, shall be regarded as belligerents if they carry arms openly and if they respect the laws and customs of war. ARTICLE 3. The armed forces of the belligerent parties may consist Combatant. and noncombatof combatants and noncombatants. In the case of cap- ants. ture by the enemy, both have a right to be treated as prisoners of war. CHAPTER II.-Prisoners of War. Prisoners a1 ARTICLE 4. Prisoners of war are in the power of the hostile Govern- Responsibili t y ment, but not of the individuals or corps who capture ernment. them. They must be humanely treated. Treatment. All their personal belongings, except arms, horses, and Personal be military papers, remain their property. ARTICLE 5. Prisoners of war may be interned in a town, fortress, Confinement. camp, or other place, and bound not to go beyond certain fixed limits; but they cannot be confined except as an indispensable measure of safety and only while the circumstances which necessitate the measure continue to exist. ARTICLE 6. The State may utilize the labour of prisoners of war at1loyment according to their rank and aptitude, officers excepted. The tasks shall not be excessive and shall have no connection with the operations of the war. Prisoners may be authorized to work for the public service, for private persons, or on their own account. Work done for the State is paid at the rates in force for Parment work of a similar kind done by soldiers of the national 582 LAWS IW ATIISO TN'O IMrSULA.1 AXTD AMIfTARY AFFAIMS. army, or, if there are none in force, at a rate according to the work executed. When the work is for other branches of the public service or for private persons the conditions are settled in agreement with the military authorities. Use of wages. The wages of the prisoners shall go towards improving their position, and the balance shall be paid them on their release, after deducting the cost of their maintenance. ARTICLE 7. Maintenance. The Government into whose hands prisoners of war have fallen is charged with their maintenance. General treat- In the absence of a special agreement between the belligerents, prisoners of war shall be treated as regards board, lodging, and clothing on the same footing as the troops of the Government who captured them. ARTICLE 8. taSecSt to mila - Prisoners of war shall be subject to the laws, regulations, and orders in force in the army of the State in Insubordina- whose power they are. Any act of insubordination justifies the adoption towards them of such measures of severity as may be considered necessary. Recaptured Escaped prisoners who are retaken before being able to rejoin their own army or before leaving the territory occupied by the army which captured them are liable to disciplinary punishment. Prisoners who, after succeeding in escaping, are again taken prisoners, are not liable to any punishment on account of the previous flight. ARTICLE 9. Restrictions for Every prisoner of war is bound to give, if he is questioned on the subject, his true name and rank, and if he infringes this rule, he is liable to have the advantages given to prisoners of his class curtailed. ARTICLE 10. sPvarletobe oe Prisoners of war may be set at liberty on parole if the laws of their country allow, and, in such cases, they are bound, on their personal honour, scrupulously to fulfil, both towards their own Government and the Government by whom they were made prisoners, the engagements they have contracted. Recognition of. In such cases their own Government is bound neither to require of nor accept from them any service incompatible with the parole given. ARTICLE 11. Parole to be A prisoner of war can not be compelled to accept his liberty on parole; similarly the hostile Government is not obliged to accede to the request of the prisoner to be set at liberty on parole. TREATIES AND CONVENTIONS. 583 ARTICLE 12. Prisoners of war liberated on parole and recaptured Forfpte ol bearing arms against the Government to whom they had Parol. pledged their honour, or against the allies of that Government, forfeit their right to be treated as prisoners of war, and can be brought before the Courts. ARTICLE 13. Individuals who follow an army without directlybelong- Treament of, captured reporting to it, such as newspaper correspondents and reporters, er, sutlers, etc. sutlers and contractors, who fall into the enemy's hands and whom the latter thinks expedient to detain, are entitled to be treated as prisoners of war, provided they are in possession of a certificate from the military authorities of the army which they were accompanying. ARTICLE 14. An inquiry office for prisoners of war is instituted on Bureau of information to be the commencement of hostilities in each of the belliger- established. ent States, and, when necessary, in neutral countries which have received belligerents in their territory. It is the function of this'office to reply to all inquiries about Functions. the prisoners. It receives from the various services concerned full information respecting internments and transfers, releases on parole, exchanges, escapes, admissions into hospital, deaths, as well as other information necessary to enable it to make out and keep up to date an individual return for each prisoner of war. The office must state in this return the regimental number, name and surname, age, place of origin, rank, unit, wounds, date and place of capture, internment, wounding, and death, as well as any observations of a special character. The individual return shall be sent to the Government of the other belligerent after the conclusion of peace. It is likewise the function of the inquiry office to receive Receipt, etc., ot and collect all objects of personal use, valuables, letters, property. &c., found on the field of battle or left by prisoners who have been released on parole, or exchanged, or who have escaped, or died in hospitals or ambulances, and to forward them to those concerned. ARTICLE 15. Relief societies for prisoners of war, which are properly reReeeogietis constituted in accordance with the laws of their country and with the object of serving as the channel for charitable effort shall receive from the belligerents, for themselves and their duly accredited agents every facility for the efficient performance of their humane task within the bounds imposed by military necessities and administrative regulations. Agents of these societies may be geaXt 584 LAWS BEIATING TO INSULAR AND MILITARY AFFAIRS. admitted to the places of internment for the purpose of distributing relief, as also to the halting places of repatriated prisoners, if furnished with a personal permit by the military authorities, and on giving an untaking in writing to comply with all measures of order and police which the latter may issue. ARTICLE 16. lPrivlege3 al- Inquiry offices enjoy the privilege of free postage. Letlowed. ters, money orders, and valuables, as well as parcels by post, intended for prisoners of war, or dispatched by them, shall be exempt from all postal duties in the countries of origin and destination, as well as in the countries they pass through. Presents and relief in kind for prisoners of war shall be admitted free of all import or other duties, as well as of payments for carriage by the State railways. ARTICLE 17. Pay to S icers Officers taken prisoners shall receive the same rate of pay as officers of corresponding rank in the country where they are detained, the amount to be.ultimately refunded by their own Government. ARTICLE 18. Religious lib- Prisoners of war shall enjoy complete liberty in the ery. exercise of their religion, including attendance at the services of whatever Church they may belong to, on the sole condition that they comply with the measures of order and police issued by the military authorities. ARTICLE 19. wills The wills of prisoners of war are received or drawn up in the same way as for soldiers of the national army. Burials, etc. The same rules shall be observed regarding death certificates as well as for the burial of prisoners of war, due regard being paid to their grade and rank. ARTICLE 20. Repatriation. After the conclusion of peace, the repatriation of prisoners of war shall be carried out as quickly as possible. Sick and wounded. CHAPTER III.-The Sick and Wounded. ARTICLE 21. Geneva conven- The obligations of belligerents with regard to the sick tion to govern. vol. 35, p. 188 5. and wounded are governed by the Geneva Convention TREATIES AND CONVENTIONS. 585 SECTION II.-HOSTILITIES. Hostillties. CHAPTER I.-Means Injuring the Enemy, Sieges, and inMensurombardments. and bombardments. ARTICLE 22. The right of belligerents to adopt means of injuring the Restrotion. enemy is not unlimited. ARTICLE 23. In addition to the prohibitions provided by special biSpeal prohiConventions, it is especially forbidden: (a.) To employ poison or poisoned weapons; (b.) To kilt or wound treacherously individuals belonging to the hostile nation or army; (c.) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion; (d.) To declare that no quarter will be given; (e.) To employ arms, projectiles, or material calculated to cause unnecessary suffering; (f.) To make improper use of a flag of truce, of the national flag, or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention; (g.) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war; (h.) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the ic agaiblet onr nationals of the hostile party to take part in the opera- own country. tions of war directed against their own country, even if they were in the belligerent's service before the commencement of the war. ARTICLE 24. Ruses of war attl the employment of measures neces- Obtaining insary for obtaining information about the enemy and the mitted. country are considered permissible. ARTICLE 25. The attack or bombardment, by whatever means, of Assault on U. towns, villages, dwellings, or buildings which are unde- etc. fended is prohibited. ARTICLE 26. The officer in command of an attacking force must, Waib n n o. before commencing a bombardment, except in cases of assault, do all in his power to warn the authorities. 586 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 27. Buldings etc., In sieges and bombardments all necessary steps must be taken to spare, as far as possible, buildings dedicated to religion, art, science, or charitable purposes, historic monuments, hospitals, and places where the sick and wounded are collected, provided they are not being used at the time for military purposes. Notification o0. It is the duty of the besieged to indicate the presence of such buildings or places by distinctive and visible signs, which shall be notified to the enemy beforehand. ARTICLE 28. Ptillage prohib- The pillage of a town or place, even when taken by assault, is prohibited. Spies. CHAPTER II.-Spies. ARTICLE 29. Definitions. A person can only be considered a spy when, acting clandestinely or on false pretences, he obtains or endeavors to obtain information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party. Thus, soldiers not wearing a disguise who have penetrated into the zone of operations of the hostile army, for the purpose of obtaining information, are not considered spies. Similarly, the following are not considered spies: Soldiers and civilians, carrying out their mission openly, intrusted with the delivery of despatches intended either for their own army or for the enemy's army. To this class belong likewise persons sent in balloons for the purpose of carrying despatches and, generally, of maintaining communications between the different parts of an army or a territory. ARTICLE 30. Trial required. A spy taken in the act shall not be punished without previous trial. ARTICLE 31. Sub seq u en t A spy who, after rejoining the army to which he capture. belongs, is subsequently captured by the enemy, is treated as a prisoner of war, and incurs no responsibility for his previous acts of espionage. Flags of truce. CHAPTER III.-Flags of Truce. ARTICLE 32. eInioabity or A person is regarded as bearing a flag of truce who has been authorized by one of the belligerents to enter into TREATIES AND CONVENTIONS. -587 communication with the other, and who advances bearing a white flag. He has a right to inviolability, as well as the trumpeter, bugler or drummer, the flag-bearer and interpreter who may accompany him. ARTICLE 33. The commander to whom a flag of truce is sent is not Reeepton not *... compulsory. in all cases obliged to receive it. He may take all the necessary steps to prevent the Envoys. envoy taking advantage of his mission to obtain information. In case of abuse, he has the right to detain the envoy temporarily. ARTICLE 34. The envoy loses his rights of inviolability if it is proved enh t of in a clear and incontestable manner that he has taken envoy. advantage of his privileged position to provoke or commit an act of treachery. CHAPTER IV.-Capitulations. Capitulations. ARTICLE 35. Capitulations agreed upon between the contracting omlkry honor parties must take into account the rules of military honour. bserve Once settled, they must be scrupulously observed by both parties. CHAPTER V.-Armistices. Armsties. ARTICLE 36. An armistice suspends military operations by mutual Effect agreement between the belligerent parties. If its duration is not defined, the belligerent parties may resume operations at any time, provided always that the enemy is warned within the time agreed upon, in accordance with the terms of the armistice. ARTICLE 37. An armistice may be general or local. The first sus- Genera pends the military operations of the belligerent States everywhere; the second only between certain fractions LOcw of the belligerent armies and within a fixed radius. ARTICLE 38. An armistice must be notified officially and in good Notification. time to the competent authorities and to the troops. Hostilities ar,e suspended immediately after the notifica- h il on tion, or on the date fixed. 588 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 39. alomunication It rests with the contracting parties to settle, in the habitants. terms of the armistice, what communications may be held in the theatre of war with the inhabitants and between the inhabitants of one belligerent State and those of the other. ARTICLE 40. tfet of viola Any serious violation of the armistice by one of the parties gives the other party the right of denouncing it, and even, in cases of urgency, of recommencing hostilities immediately. ARTICLE 41. Vilation by A violation of the terms of the armistice by private persons acting on their own initiative only entitles the injured party to demand the punishment of the offenders or, if necessary, compensation for the losses sustained. Military au SECTION III.-MILITARY AUTHORITY OVER THE TERRIthority over cap- TORY OF TH tured territory. TORY OF THE HOSTLE STATE. ARTICLE 42. Actual occupa- Territory is considered occupied when it is actually tion. placed under the authority of the hostile army. Extent. The occupation extends only to the territory where such authority has been established and can be exercised. ARTICLE 43. Presertion of The authority of the legitimate power having in fact ordr d fety. passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country. ARTICLE 44. mForom1 1inr- A belligerent is forbidden to force the inhabitants of terhabitants forbid- ritory occupied by it to furnish information about the den. army of the other belligerent, or about its means of defence. ARTICLE 45. Req-ft oath It is forbidden to compel the inhabitants of occupied bidden. territory to swear allegiance to the hostile Power. ARTICLE 46. R hts and Family honour and rights, the lives of persons, and prip tod. vate property, as well as religious convictions and praotice, must be respected. Noooflscat Private property cannot be confiscated. TREATIES AND CONVENTIONS. 589 ARTICLE 47. Pillage is formally forbidden. dillge forbid ARTICLE 48. If, in the territory occupied, the occupant collects the Collection of taxes, dues, and tolls imposed for the benefit of the State, tes he shall do so, as far as is possible, in accordance with the rules of assessment and incidence in force, and shall in consequence be bound to defray the expenses of the administration of the occupied territory to the same extent as the legitimate Government was so bound. ARTICLE 49. If, in addition to the taxes mentioned in the above Ar- Levies for mill tide, the occupant levies other money contributions in the yneeds occupied territory, this shall only be for the needs of the army or of the administration of the territory in question. ARTICLE 50. No general penalty, pecuniary or otherwise, shall be in- aen er penflicted upon the population on account of the acts of indi- individuals forviduals for which they cannot be regarded as jointly and bidden. severally responsible. ARTICLE 51. No contribution shall be collected except under a writ- colecton of ten order, and on the responsibility of a Commander-in-ntributio chief. The collection of the said contribution shall only be effected as far as possible in accordance with the rules of assessment and incidence of the taxes in force. For every contribution a receipt shall be given to the Reeipts. contributors. ARTICLE 52. Requisitions in kind and services shall not be de- Requisitions manded from municipalities or inhabitants except for the for neofmy. needs of the army of occupation. They shall be in proportion to the resources of the country, and of such a nature as not to involve the inhabitants in the obligation of taking part in military operations against their own country. Such requisitions and services shall only be demanded Authority. on the authority of the commander in the locality occupied. Contributions in kind shall as far as possible be paid for Paymet. in cash; if not, a receipt shall be given and the payment of the amount due shall be made as soon as possible. 690 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 53. Seizure of peub An army of occupation can only take possession of cash, etc. funds, and realizable securities which are strictly the property of the State, dep6ts of arms, means of transport, stores and supplies, and, generally, all movable property belonging to the State which may be used for military operations. Teegrap^hs, All appliances, whether on land, at sea, or in the air, etc. adapte for the transmission of news, or for the transport of persons or things, exclusive of cases governed by naval law, depots of arms, and, generally, all kinds of ammunition of war, may be seized, even if they belong to private individuals, but must be restored and compensation fixed when peace is made. ARTICLE 54. csubtm ari ne Submarine cables connecting an occupied territory with cables to neutral territory. a neutral territory shall not be seized or destroyed except in the case of absolute necessity. They must likewise be restored and compensation fixed when peace is made. ARTICLE 55. Adminstration The occupying State shall be regarded only as admini occupod terri- istrator and usufructuary of public buildings, real estate, tory. forests, and agricultural estates belonging to the hostile State, and situated in the occupied country. It must safeguard the capital of these properties, and administer the:n in accordance with the rules of usufruct. ARTICLE 56. Municipal, rli- The property of municipalities, that of institutions erty. dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. Legal proceed- All seizure of, destruction or wilful damage done to ings for seizure, etc. institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings. Ratification. And whereas the said Convention has been duly ratified by the Government of the United States of America, by and with the advice and consent of the Senate tlereof, and by the Governments of Austria-Hungary, Bolivia, Denmark, Germany, Great Britain, Mexico, the Netherlands, Russia, Salvador, and Sweden, and the ratifications of the said Governments were, under the provisions of Article 5 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909; Prodatao. Now, therefore, be it known that I William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end TREATIES AND CONVENTIONS. 591. that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one [SEAL.] thousand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H T-r By the President: P C KNOX Secretary of State. Convention between the United States and other powers re- Oct. 18, 1907. specting the rights and duties of neutral Powers and per- 36 Stats. L., pt sons in case of war on land. Signed at the Hague October 2310' 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Nether. lands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention respecting the rights and duties Neutrls in war of neutral powers and persons in case of war on land was Preamble. concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America Germany, the Argentine Republic, AustriaHungary, IBelgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: [Translation.] V. CONVENTION RESPECTING THE RIGHTS AND DUTIES OF NEUTRAL POWERS AND PERSONS IN CASE OF WAR ON LAND. His Majesty the German Emperor, King of Prussia; the President of the United States of America; the Presi288720-S. Doc. 306, 62-2 — 40 592 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. dent of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohe iia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President. of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; Mis Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Purpose of con- With a view to laying down more clearly the rights and duties of neutral Powers, in case of war on land and regulating the position of the belligerents who have taken refuge in neutral territory; Being likewise desirous of defining the meaning of the term " neutral," pending the possibility of settling, in its entirety, the position ofneutral individuals in their relations with the belligerents; Have resolved to conclude a Convention to this effect, and have, in consequence, appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:Rights anddu- CHAPTER I.-THE RIGHTS AND DUTIES OF NEUTRAL ties of neutral Power POWERS. ARTICLE 1. ri i Te territory of neutral Powers is inviolable. Sbia TREATIES AND CONVENTIONS. 593 ARTICLE 2. Belligerents are forbidden to move troops or convoys e by beUE lgiSS of either munitions of war or supplies across the territory of a neutral Power. ARTICLE 3. Belligerents are likewise forbidden to: Establishin wireless telgraph (a.) rect on the territory of a neutral Power a wire- stations forbidless telegraphy station or other apparatus for the purpose den of communicating with belligerent forces on lan or sea; (b.) Use any installation of this kind established by useofitay them before the war on the territory of a neutral Power for purely military purposes, and which has not been opened for the service of public messages. ARTICLE 4.. Corps of combatants cannot be formed nor recruiting Recruiting, agencies opened on the territory of a neutral Power to assist the belligerents. ARTICLE 5. A neutral Power must not allow any of the acts referred nevention by to in Articles 2 to 4 to occur on its territory. It is not called upon to punish acts in violation of its neutrality unless the said acts have been committed on its own territory. ARTICLE 6. The responsibility of a neutral Power is not engaged by ticrossint fro the fact of persons crossing the frontier separating to offer their services to one of the belligerents. ARTICLE 7. A neutral Power is not called upon to prevent the ex- Shipment of port or transport, on behalf of one or other of the belligerents, of arms, munitions of war, or, in general, of anything which can be of use to an army or a fleet. ARTICLE 8. A neutral Power is not called upon to forbid or restrict gse of tele. the use on behalf of the belligerents of telegraph or tele- ratus. phone cables or of wireless telegraphy apparatus belonging to it or to companies or private individuals. ARTICLE 9. Every measure of restriction or prohibition taken by a metValtm t neutral Power in regard to the matters referred to inents. Articles 7 and 8 must be impartially applied by it to both belligerents. 594 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. A neutral Power must see to the same obligation being observed by companies or private individuals owning telegraph or telephone cables or wireless telegraphy apparatus. ARTICLE 10. Resstistgola- The fact of a neutral Power resisting, even by force, tions of neutrailty. attempts to violate its neutrality cannot be regarded as a hostile act. Belligerents in CHAPTER II.-BELLIGERENTS INTERNED AND WOUNDED neutral territory. TENDED IN NEUTRAL TERRITORY. ARTICLE 11. fRetention fwr A neutral Power which receives on its territory troops belonging to the belligerent armies shall intern them, as far as possible, at a distance from the theatre of war. D teon tion It may keep them in camps and even confine them in fortresses or in places set apart for this purpose. Parole to off- It shall decide whether officers can be left at liberty on giving their parole not to leave the neutral territory without permission. ARTICLE.12. taplies to de- In the absence of a special Convention to the contrary, the neutral Power shall supply the interned with the food, clothing, and relief required by humanity. At the conclusion of peace the expenses caused by the internment shall be made good. ARTICLE 13. erapedprison- A neutral Power which receives escaped prisoners of war shall leave them at liberty. If it allows them to remain in its territory it may assign them a place of residence. The same rule applies to prisoners of war brought by troops taking refuge in the territory of a neutral Power. ARTICLE 14. wCa osick and A neutral Power may authorize the passage into its territory of the sick and wounded belonging to the belligerent armies, on condition that the trains bringing them shall carry neither personnel or war material. In such a case, the neutral Power is bound to take whatever measures of safety and control are necessary for the purpose. The sick or wounded brought under these conditions into neutral territory by one of the belligerents, and belonging to the hostile party, must be guarded by the neutral Power so as to ensure their not taking part again in the military operations. The same duty shall devolve on the neutral State with regard to wounded or sick of the other army who may be committed to its care. TREATIES AND CONVENTIONS. 695 ARTICLE 15. The Geneva Convention applies to sick and wounded GAPPlicaCon o interned in neutral territory. tion. CHAPTER III.-NEUTRAL PERSONS. Neutral per. ARTICLE 16. The nationals of a State which is not taking part in the Definition. war are considered as neutrals. ARTICLE 17. A neutral cannot avail himself of his neutrality: Aitts prohib. (a.) If he commits hostile acts against a belligerent; (b.) If he commits acts in favour of a belligerent, particularly if he voluntarily enlists in the ranks of the armed force of one of the parties. In such a case, the neutral shall not be more severely treated by the belligerent as against whom he has abandoned his neutrality than a national of the other belligerent State could be for the same act. ARTICLE 18. The following acts shall not be considered as committed Atsd not pro in favour of one belligerent in the sense of Article 17, letter (b): (a.) Supplies furnished or loans made to one of the belligerents, provided that the person who furnishes the supplies or who makes the loans lives neither in the territory of the other party nor in the territory occupied by him, and that the supplies do not come from these territories; (b.) Services rendered in matters of police or civil administration. CHAPTER IV.-RAILWAY MATERIAL. Railway mate. ARTICLE 19. Railway material coming from the territory of neutral eru bf nbel Powers, whether it be the property of the said Powers or property. of companies or private persons, and recognizable as such, shall not be requisitioned or utilized by a belligerent except where and to the extent that it is absolutely necessary. It shall be sent back as soon as possible to the country of origin. A neutral Power may likewise, in case of necessity, re- enu of b.ellt. ent property by tain and utilize to an equal extent material coming from neutrals. the territory of the belligerent Power. Compensation shall be paid by one party or the other in Compenation. proportion to the material used, and to the period of usage. 596 LAW RELATING TO INSULAR AND MILITARY AFFAIRS. CHAPTER V.-FINAL PROVISIONS. ARTICLE 20. Powers bound. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. ARTICLE 21. Ratification. The present Convention shall be ratified as soon as possible. Deposit at The The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. Cerified copies A duly certified copy of the proces-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph and of the instruments of ratification shall be immediately sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall at the same time inform them of the date on which it received the notification. ARTICLE 22. Adherence of Non-Signatory Powers may adhere to the present Connonsignatory Powers. vention. Notification of The Power which desires to adhere notifies its intention intent. in writing to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. iCommunica This Government shall immediately forward to all the tion to other Powera other Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 23. Mieet of ratia- The present Convention shall come into force, in the case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. TBEATIES AND CONVENTIONS. 597 ARTICLE 24. In the event of one of the Contracting Powers wishing Denunciation. to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government which shall immediately communicate a duly certified copy of the notification to all the other Powers, informing them at the same time of the date on which it was received. The denunciation shall only have effect in regard to N ot'fyi n the notifying Power, and one year after the notification ected. has reached the Netherland Government. ARTICLE 25. A register kept by the Netherland Ministry of Foreign R fl of c 0 at Affairs shall give the date of the deposit of ratifications made in virtue of Article 21, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 22, paragraph 2) or of denunciation (Article 24, paragraph 1) have been received Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended signng. their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a Posito single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] And whereas the said Convention has been duly rati- Ratification. fied by the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Austria-Hungary, Bolivia, Denmark, Germany, Mexico, Netherlands, Russia, Salvador, and Sweden, and the ratifications of the said Governments were under the provisions of Article 21 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909; And whereas, in accordance with the provisions of Adhesion of Article 22 of the said Convention, the Government of China gave notification to the Netherlands Government on January 15, 1910, of its adherence to the said Convention; Now, therefore, be it known that I, William Howard Proclamation. Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof I have hereunto set my hand and caused the seal of tie United States to be aixed. 548 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thousand ninehundred and ten, and of the Independence [SEAL.] of the United States of America the one hundred and thirty-fourth. WSM H TAFT By the President: P C KNOX Secretary of State. o Oct. 18, 1907. Convention between the United States and other Powers 36 stat. L., pt. relative to the laying of automatic submarine contact p 2332. mines. Signed at The Hague October 18, 1907; ratification advised by the Senate March. 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Submarine con- Whereas a Convention relative to the laying of autoreamble. matic submarine contact mines was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Roumania, Salvador, Servia, Siam, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: [Translation.] VIII. CONVENTION. RELATIVE TO THE LAYING OF AUTOMATIC SUBMARINE CONTACT MINES. His Majesty the German Emperor, King of Prussia; the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic TREATIES AND CONVENTIONS. of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; The President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Roumania; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Inspired by the principle of the freedom of sea routes, ventSi ofonthe common highway of all nations; Seeing that, although the existing position of affairs makes it impossible to forbid the employment of automatic submarine contact mines, it is nevertheless desirable to restrict and regulate their employment in order to mitigate the severity of war and to ensure, as far as possible, to peaceful navigation the security to which it is entitled, despite the existence of war; Until such time as it is found possible to formulate rules on the subject which shall ensure to the interests involved all the guarantees desirable; Have resolved to conclude a Convention for this purpose, and have appointed the following as their Plempotentiaries: [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:ARTICLE 1. It is forbidden: Prohibition. 1. To lay unanchored automatic contact mines except automathodn when they are so constructed as to become harmless one tact mle. hour at most after the person who laid them ceases to control them; 2. To lay anchored automatic contact mines which do Anchored oonnot become harmless as soon as they have broken loose from their moorings; 3. To use torpedoes which do not become harmless Toredos when they have missed their mark. 600 LAWS RELATING TO INSULA AND MILITARY AFFAIRS. ARTICLE 2. Mines to Interm It is forbidden to lay automatic contact mines off the shipping. coast and ports of the enemy, with the sole object of intercepting commercial shipping. ARTICLE 3. protection hipof When anchored automatic contact mines are emp sg. ployed, every possible precaution must be taken for the security of peaceful shipping. Notice of dan- The belligerents undertake to do their utmost to renger zon der these mines harmless within a limited time, and, should they cease to be under surveillance, to notify the danger zones as soon as military exigencies permit, by a notice addressed to ship owners, which must also be communicated to the Governments through the diplomatic channel. ARTICLE 4. Mies laid by Neutral Powers which lay automatic contact mines off neutral Powers. their coasts must observe the same rules and take the same precautions as are imposed on belligerents. The neutral Power must inform ship-owners, by a notice issued in advance, where automatic contact mines have been laid. This notice must be communicated at once to the Governments through the diplomatic channel. ARTICLE 5. Removal at At the close of the war, the Contracting Powers undercOse 8f war take to do their utmost to remove the mines which they had laid, each Power removing its own mines. Notification or As regards anchored automatic contact mines laid by Poition. one of the belligerents off the coast of the other, their position must be notified to the other party by the Power which laid them, and each Power must proceed with the least possible delay to remove the mines in its own waters. ARTICLE 6. Adoptionofper- The Contracting Powers which do not at present own tdmies perfected mines of the pattern contemplated in the present Convention, and which consequently, could not at A*~, P.. present carry out the rules faid down in Articles 1 and 3, undertake to convert the materiel of their mines as soon as possible, so as to bring it into conformity with the foregoing requirements. ARTICLE 7. pow boud. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. TREATIES AND CONVENTIONS. 601 ARTICLE 8. The present Convention shall be ratified as soon as pos- Ratf"ation. sible. The ratifications shall be deposited at the Hdgue. Deposit at The The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. A duly certified copy of the proces-verbal relative to the Crtified copie first deposit of ratifications, of the notifications men- er tioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent, by the Netherland Government, through 'the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it has received the notification. ARTICLE 9. Non-Signatory Powers may adhere to the present Con- Adherence of nonsignatory vention. Powers. The Power which desires to adhere notifies in writing inotcation of its intention to the Netherland Government, transmitting to it the act of adhesion, which shall be deposited in the archives of the said Government. This Government shall at once transmit to all the other Communict e Powers a duly certified copy of the notification as well as Powers. of the act of adhesion, stating the date on which it received the notification. ARTICLE 10. The present Convention shall come into force, in the Efect of rati case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of this deposit, and, in the case of the Powers which ratify subsequently or adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 11. The present Convention shall remain in force for seven "uration. years, dating from the sixtieth day after the date of the first deposit of ratifications. Unless denounced, it shall continue in force after the Denunciation. expiration of this period. 602 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The denunciation shall be notified in writing to the Netherland Government, which shall at once communicate a duly certified copy of the notification to all the Powers, informing them of the date on which it was received. Not iy nFj The denunciation shall only have effect in regard to the d. notifying Power, and six months after the notification has reached the Netherland Government. ARTICLE 12. Reen n g The Contracting Powers undertake to reopen the question of the employment of automatic contact mines six months before the expiration of the period contemplated in the first paragraph of the preceding Article, in the event of the question not having been already reopened and settled by the Third Peace Conference. New conven- If the Contracting Powers conclude a fresh Convention relative to the employment of mines, the present Convention shall cease to be applicable from the moment it comes into force. ARTICLE 13. RflOit1 of rati- A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 8, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 9, paragraph 2) or of denunciation (Article 11, paragraph 3) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. B*nia. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention. Depositof origi- Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] Ratification. And whereas the said convention has been duly ratified by the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Austria-Hungary, Denmark, Germany, Great Britain, Mexico, the Netherlands, and Salvador, and the ratifications of the said Governments were, under the provisions of article 8 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909; rolamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof TREATIES AND CONVENTIONS. 6013 may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one [SEAL.] thousand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. Convention between the United States and other Powers con- oct. 18, 907. cerning bombardment by naval forces in time of war. 36 ta. L., p Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government Nove.mber 27, 1909; Proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention concerning bombardment by byb navaordent naval forces in time of war was concluded and signed at Preamble. The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: [Translation.] IX. CONVENTION. CONCERNING BOMBARDMENT BY NAVAL FORCES IN TIME OF WAR. His Majesty the German Emperor, King of Prussia; Cosntractns the President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the Kinor of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colom 604 LAWS RELATING TO INSULAR AND MILITARY AFFAIS. bia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: vure of con- Animated by the desire to realize the wish expressed by the First Peace Conference respecting the bombardment by naval forces of undefended ports, towns, and villages; Whereas it is expedient that bombardments by naval forces should be subject to rules of general application which would safeguard the rights of the inhabitants and assure the preservation of the more important buildings, by applying as far as possible to this operation of war the principles of the Regulation of 1899 respecting the Laws and Customs of Land War; Actuated, accordingly, by the desire to serve the interests of humanity and to diminish the severity and disasters of war; Have resolved to conclude a Convention to this effect, and have, for this purpose, appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] Who, after depositing their full powers, found in good and due form, have agreed upon the following provisions: CHAPTER I.-The Bombardment of Undefended Ports, Towns, Villages, Dwellings, or Buildings. ARTICLE 1. Bombardment The bombardment by naval forces of undefended ports, ports, etc., for- towns, villages, dwellings, or buildings is forbidden. bidden. A place cannot be bombarded solely because automatic submarmie contact mines are anchored off the harbour. TREATIES AND CONVENTIONS. 605 ARTICLE 2. Military works, military or naval establishments, depots eMiitary works of arms or war materiel, workshops or plant which could be ep utlized for the needs of the hostile fleet or army, and the ships of war in the harbour, are not, however, included in this prohibition. The commander of a naval force may destroy them with artillery, after a summons followed by a reasonable time of waiting, if all other means are impossible, and when the local authorities have not themselves destroyed them within the time fixed. He incurs no responsibility for any unavoidable damage Unavoidable which may be caused by a bombardment under such cir- damage. cumstances. If for military reasons immediate action is necessary, Precautionary and no delay can be allowed the enemy, it is understood measure that the prohibition to bombard the undefended town holds good, as in the case given in paragraph 1, and that the commander shall take all due measures in order that the town may suffer as little harm as possible. ARTICLE 3. After due notice has been given, the bombardment of Bombaridment undefended ports, towns, villages, dwellings, or buildings furnish provimay be commenced, if the local authorities, after a formal sions,etc.,ofleet. summons has been made to them, decline to comply with requisitions for provisions or supplies necessary for the immediate use of the naval force before the place in question. These requisitions shall be in proportion to the resources of the place. They shall only be demanded in the name of the commander of the said naval force, and they shall, as far as possible, be paid for in cash; if not, they shall be evidenced by receipts. ARTICLE 4. Undefended ports, towns, villages, dwellings, or build- buMtSo oontri ings may not be bombarded on account of failure to pay money contributions. CHAPTER II.-General Provisions. ARTICLE 5. In bombardments by naval forces all the necessary Buildings etc., measures must be taken by the commander to spare as far to be spad. as possible sacred edifices, buildings used for artistic, scientific, or charitable purposes, historic monuments, hospitals, and places where the sick or wounded are collected, on the understanding that they are not used at the same time for military purposes. It is the duty of the inhabitants to indicate such monu- Indications ments, edifices, or places by visible signs, which shall con- qua4e sist of large stiff rectangular panels divided diagonally into 606 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. two coloured triangular portions, the upper portion black, the lower portion white. ARTICLE 6. Warning to au- If the military situation permits, the commander of the thoritie. attacking naval force, before commencing the bombardment, must do his utmost to warn the authorities. ARTICLE 7. Pfllegs forbid- A town or place, even when taken by storm, may not be pillaged. CHAPTER III.-Final Proviions. ARTICLE 8. Powersbound. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. ARTICLE 9. Ratification. The present Convention shall be ratified as soon as possible. Deposit at The The ratifications shall be deposited at The Hague. HagueThe first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister of Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. Certied weries A duly certified copy of the proces-verbal relative to the first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification. ARTICLE 10. nAdherence or Non-Signatory Powers may adhere to the present ConPowers. vention. Notifation of The Power which desires to adhere shall notify its intention to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. TREATIES AND CONVENTIONS. 607 This Government shall immediately forward to all the oCotomomuniP other Powers a duly certified copy of the notification, as ers. well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 11. The present Convention shall come into force, in the Effet of ratfl case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of that deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 12. In the event of one of the contracting Powers wishing Denunation. to denounce the present Convention, the denunciation shall be notified m writing to the Netherland Government, which shall at once communicate a duly certified copy of the notification to all the other Powers informing them of the date on which it was received. The denunciation shall only have effect in regard to N o t ifyi n the notifying Power, and one year after the notification fected. has reached the Netherland Government. ARTICLE 13. A register kept by the Netherland Minister for Foreign fReisterotflAffairs shall give the date of the deposit of ratifications made in virtue of Article 9, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 10, paragraph 2) or of denunciation (Article 12, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended Signing. their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single alepositoforigi. copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] And whereas the said Convention has been duly rati- Ratcation. fied by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Germany, Austria-Hungary, Denmark, Great Britain, Mexico, the Netherlands, Russia, Sweden, Bolivia, and Salvador, and the ratifications of the said Governments were, under the provisions of Article 9 of the said Convention, deposited by their respec28872~-S. Doc. 306, 62-2 —41 608 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. tive plenipotentiaries with the Netherlands Government on November 27, 1909; Adhesion of And whereas, in accordance with the provisions of Article 10 of the said Convention, the Government of China gave notification to the Netherlands Government on January 15, 1910, of its adherence to the said Convention; Proclamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. Oct. 18i, 1907. Convention between the United States and other Powers for 36 Stat. L., pt. the adaptation to maritime warfare. of the principles of 2, p. 2371. the Geneva Convention. Signed at The Hague October 18, 1907; ratification advised by the Senate March 10, 1908; ratified by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. enevaapconvento Whereas a Convention for the adaptation to naval warnaval war. fare of the principles of the Geneva Convention was conPreamb eluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the Argentine Republic, AustriaHungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention being in the French language, is word for word as follows: TREATIES AND CONVENTIONA. 609 [Translation.] X. CONVENTION FOR THE ADAPTATION TO MARITIME WARFARE OF THE PRINCIPLES OF THE GENEVA CONVENTION. His Majesty the German Emperor, King of Prussia; Contr^ating the President of the United States of America; the President of the Aroentine Republic; His Majesty the Emperor of Austria, king of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; His Majesty the Emperor of China; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty -the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: Animated alike by the desire to diminish, as far as de- oe0 of 0oo pends on them, the inevitable evils of war; And wishing with this object to adapt to maritime warfare the principles of the Geneva Convention of the 6th July, 1906; Have resolved to conclude a Convention for the purpose of revising the Convention of the 29th July, 1899, relative to this question, and have appointed the following as their Plenipotentiaries: 610 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Penipotentia- [Here follow the names of plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:ARTICLE 1. Immunity toi Military hospital-ships, that is to say, ships constructed ships. or assigned by States specially and solely with a view to assisting the wounded, sick, and shipwrecked, the names of which have been communicated to the belligerent Powers at the commencement or during the course of hostilities, and in any case before they are employed, shall be respected, and cannot be captured while hostilities last. status s neu- These ships, moreover, are not on the same footing as warships as regards their stay in a neutral port. ARTICLE 2. priv t spi tal Hospital-ships, equipped wholly or in part at the exships pense of private individuals or officially recognized relief societies, shall be likewise respected and exempt from capture, if the belligerent Power to whom they belong has given them an official commission and has notified their names to the hostile Power at the commencement of or during hostilities, and in any case before they are employed. Certificate r These ships must be provided with a certificate from the competent authorities declaring that the vessels have been under their control while fitting out and on final departure. ARTICLE 3. Hospital ships Hospital-ships, equipped wholly or in part at the exof neutral coun-rt tries pense of private individuals or officially recognized societies of neutral countries, shall be respected and exempt from capture, on condition that they are placed under the control of one of the belligerents, with the previous consent of their own Government and with the authorization of the belligerent himself, and that the latter has notified their name to his adversary at the commencement of or during hostilities, and in any case, before they are employed. ARTICLE 4. Relief to all bel- The ships mentioned in Articles 1, 2, and 3 shall afford relief and assistance to the wounded, sick, and shipwrecked of the belligerents without distinction of nationalit. Use confined. fe Governments undertake not to use these ships for any military purpose. Retriction. These vessels must in no wise hamper the movements of the combatants. Risks assnmed. During and after an engagement they will act at their own risk and peril. TREATIES AND CONVENTIONS. 611 The belligerents shall have the right to control and Rights of be. l search them; they can refuse to help them, order them off, make them take a certain course, and put a Commissioner on board; they can even detain them, if important circumstances require it. As far as possible, the belligerents shall enter in the log Log entrie of the hospital-ships the orders which they give them. ARTICLE 5. Military hospital-ships shall be distinguished by being coistinishinsg painted white outside with a horizontal band of green about a metre and a half in breadth. The ships mentioned in Articles 2 and 3 shall be distinguished by being painted white outside with a horizontal band of red about a metre and a half in breadth. The boats of the ships above mentioned, as also small Boateto. craft which may be used for hospital work, shall be distinguished by similar painting. All hospital-ships shall make themselves known by Flags. hoisting, with their national flag, the white flag with a red cross provided by the Geneva Convention, and further, if they belong to a neutral State, by flying at the mainmast the national flag of the belligerent under whose control they are placed. Hospital-ships which, in the terms of Article 4, are de- Ships detained. tained by the enemy, must haul down the national flag of the belligerent to whom they belong. The ships and boats above mentioned which wish to Protection at ensure by night the freedom from interference to which night. they are entitled, must, subject to the assent of the belligerent they are accompanying, take the necessary measures to render their special painting sufficiently plain. ARTICLE 6. The distinguishing signs referred to in Article 5 can only Use of distii be used, whether in time of peace or war, for protecting or strigted. indicating the ships therein mentioned. ARTICLE 7. In the case of a fight on board a war-ship, the sick- Sick-wards on wards shall be respected and spared as far as possible. war ships. The said sick-wards and the materiel belonging to them Use of matdriel, remain subject to the laws of war; they cannot, however, etc. be used for any purpose other than that for which they were originally intended, so long as they are required for the sick and wounded. The commander, however, into whose power they have mitary ne fallen may apply them to other purposes, if the military situation requires it, after seeing that the sick and wounded on board are properly provided for. 612 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS, ARTICLE 8. Withdrawal of Hospital-ships and sick-wards of vessels are no longer entitled to protection if they are employed for the purpose of injuring the enemy. fPermissie use The fact of the staff of the said ships and sick-wards being armed for maintaning order and for defending the sick and wounded, and the presence of wireless telegraphy apparatus on board, is not a sufficient reason for withdrawing protection. ARTICLE 9. c5 on neutral Belligerents may appeal to the charity of the commanders of neutral merchant-ships, yachts,- or boats to take on board and tend the sick and wounded. Protection ac- Vessels responding to this appeal, and also vessels which have of their own accord rescued sick, wounded, or shipwrecked men, shall enjoy special protection and certain immunities. In no case can they be captured for having such persons on board, but, apart from special undertakings that have been made to them, they remain liable to capture for any violations of neutrality they may have committed. ARTICLE 10. Immunity of The religious, medical, and hospital staff of any capmedical, eto., styf. tured ship is inviolable, and its members cannot be made prisoners of war. On leaving the ship they take away with them the objects and surgical instruments which are their own private property. Performance of This staff shall continue to discharge its duties while necessary, and can afterwards leave, when the Commander-in-chief considers it possible. Pay and allow- The belligerents must guarantee to the said staff, when it has fallen into their hands, the same allowances and pay which are given to the staff of corresponding rank in their own navy. ARTICLE 11. Care of disabled Sailors and soldiers on board, when sick or wounded, as p well as other persons officially attached to fleets or armies, whatever their nationality, shall be respected and tended by the captors. ARTICLE 12. Transfrs of Any war-ship belonging to a belligerent may demand sick, etc., to warshi. ' that sick, wounded, or shipwrecked men on board military hospital-ships, hospital-ships belonging to relief societies or to private individuals, merchant-ships, yachts, or boats, whatever the nationality of these vessels, should be handed over. TREATIES AND CONVENTIONS. 613 ARTICLE 13. If sick, wounded, or shipwrecked persons are taken on ecareonfinei board a neutral war-ship, every possible precaution must warships. be taken that they do not again take part in the operations of the war. ARTICLE 14. The shipwrecked, wounded, or sick of one of the bel- CispsitiC" T j i* * A i r i i n* captured, sick, ligerents who fall into the power of the other belligerent etc., belligerents. are prisoners of war. The captor must decide, according to circumstances, whether to keep them, send them to a port of his own country, to a neutral port, or even to an enemy port. In this last case, prisoners thus repatriated cannot serve again while the war lasts. ARTICLE 15. The shipwrecked, sick, or wounded, who are landed at a care in neutral neutral port with the consent of the local authorities, must, ports. unless an arrangement is made to the contrary between the neutral State and the belligerent States, be guarded by the neutral State so as to prevent them again taking part in the operations of the war. The expenses of tending them in hospital and interning Expens them shall be borne by the State to which the shipwrecked, sick, or wounded persons belong. ARTICLE 16. After every engagement, the two belligerents, so far as agPrnt e c t 10 n military interests permit, shall take steps to look for the etc. ge shipwrecked, sick, and wounded, and to protect them, as well as the dead, against pillage and ill treatment. They shall see that the burial, whether by land or sea, Burials. or cremation of the dead shall be preceded by a careful examination of the corpse. ARTICLE 17. Each belligerent shall send, as early as possible, to the ofIdetiication authorities of their country, navy, or army the military marks or documents of identity found on the dead and the description of the sick and wounded picked up by him.. The belligerents shall keep each other informed as to Record of cap. internments and transfers as well as to the admissions into tures, etc. hospital and deaths which have occurred among the sick and wounded in their hands. They shall collect all the oWues ofper. objects of personal use, valuables, letters, &c., which are found in the captured ships, or which have been left by the sick or wounded who died in hospital, in order to have them forwarded to the persons concerned by the authorities of their own country. 14 LAWS PELATIITG TO INS11EYLAAND A1 MILIfTARY A1FAIRA. ARTICLE 18. Powes bound. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. ARTICLE 19. Duts of fleet The Commanders-in-chief of the belligerent fleets must see that the above Articles are properly carried out; they will have also to see to cases not covered thereby, in accordance with the instructions of their respective Governments and in conformity with the general principles of the present Convention. ARTICLE 20. Promulgation The Signatory Powers shall take the necessary measolprovisions. ures for bringing the provisions of the present Convention to the knowledge of their naval forces, and especially of the members entitled thereunder to immunity, and for making them known to the public. ARTICLE 21. Legislation t The Signatory Powers likewise undertake to enact or to ommended. propose to their Legislatures, if their criminal laws are inadequate, the measures necessary for checking in time of war individual acts of pillage and ill-treatment in respect to the sick and wounded in the fleet, as well as for punishing, as an unjustifiable adoption of naval or military marks, the unauthorized use of the distinctive marks mentioned in Article 5 by vessels not protected by the present Convention. Commu^nic- They will communicate to each other, through the tion of laws enacted. Netherland Government, the enactments for preventing such acts at the latest within five years of the ratification of the present Convention. ARTICLE 22. onlpy to r on In the case of operations of war between the land and board ship. sea forces of belligerents, the provisions of the present Convention do not apply except between the forces actually on board ship. ARTICLE 23. Ratification. The present Convention shall be ratified as soon as possible. Hp8it at The The ratifications shall be deposited at The Hague. The first deposit of ratifications shall be recorded in a procs-verbal signed by the Representatives of the Powers taking part therein and by the Netherland Minister for Foreign Affairs. TIEATIES AND OONVENTIONS. 615 Subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. A certified copy of the proces-verbal relative to the first Ctommunico deposit of ratifications, of the notifications mentioned in ers. the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherland Government through the diplomatic channel to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph the said Government shall inform them at the same time of the date on which it received the notification. ARTICLE 24. Non-Signatory Powers which have accepted the Geneva Adhesion of Convention of the 6th July, 1906, may adhere to the Powers. present Convention. The Power which desires to adhere notifies its intention Notimfaton of to the Netherland Government in writing, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. The said Government shall at once transmit to all the tComomunio tion to other Powother Powers a duly certified copy of the notification as ers. well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 25. The present Convention, duly ratified, shall replace as tiFormerconve between Contracting Powers, the Convention of the 29th July, 1899, for the adaptation to maritime warfare of the principles of the Geneva Convention. The Convention of 1899 remains in force as between the Continuance of former conyenPowers which signed it but which do not also ratify the tion. present Convention. ARTICLE 26. The present Convention shall come into force, in the cfct of ratifi case of the Powers which were a party to the first deposit of ratifications, sixty days after the date of the procesverbal of this deposit, and, in the case of the Powers which ratify subsequently or which adhere, sixty days after the notification of their ratification or of their adhesion has been received by the Netherland Government. ARTICLE 27. In the event of one of the Contracting Powers wishing Denunciation. to denounce the present Convention, the denunciation shall be notified in writing to the Netherland Government, which shall at once communicate a duly certified 616 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. copy of the notification to all the other Powers, informing them at the same time of the date on which it was received. Power ony n The denunciation shall only have effect in regard to fected. the notifying Power, and one year after the notification has reached the Netherland Government. ARTICLE 28. Regisir ofrati- A register kept by the Netherland Ministry for Foreign Affairs shall give the date of the deposit of ratifications made in virtue of Article 23, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 24, paragraph 2) or of denunciation (Article 27, paragraph 1) have been received Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. signing. In faith whereof the Plenipotentiaries have appended their signatures to the present Convention. Depositoforigi- Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] Ratification. And whereas the said Convention has been duly ratified by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Germany, Austria-Hungary, China, Denmark, Mexico, the Netherlands, Russia, Bolivia, and Salvador, and the ratifications of the said Governments were, under the provisions of Article 23 of the said Convention, deposited by their respective plenipotentiaries with the Netherlands Government on November 27, 1909; Proclamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. TREATIES AND CONVENTIONS. 617 Convention between the United States and other Powers rela- Oct. 8, 1907. tive to certain restrictions with regard to the exercise of the 3 8sat. I, pt right oJ capture in naval war. Signed at The Hague,Oc- 23 tober 18, 1907; ratification advised by the Senate March 12, 1908; ratified by the President oJ the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Convention relative to certain restrictions Navalcapture with regard to the exercise of the right of capture in naval war was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of the United States of America, Germany, the. Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, Chile, Colombia, Cuba, Denmark, the Dominican Republic, Ecuador, Spain, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention being in the French language, is word for word as follows: [Translation.] XI. CONVENTION RELATIVE TO CERTAIN RESTRICTIONS WITH REGARD TO THE EXERCISE OF THE RIGHT OF CAPTURE IN NAVAL WAR. His Majesty the German Emperor, King of Prussia; the contracting President of the United States of America; the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; the Provisional Governor of the Republic of Cuba; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of of Ecuador; His Majesty the King of Spain; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the 618 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United States of Mexico; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela. Purose of con- Recognizing the necessity of more effectively ensuring than hitherto 'the equitable application of law to the international relations of maritime Powers in time of war; Considering that, for this purpose, it is expedient, in giving up or, if necessary, in harmonizing for the common interest certain conflicting practices of long standing, to commence codifying in regulations of general application the guarantees due to peaceful commerce and legitimate business, as well as the conduct of hostilities by sea; that it is expedient to lay down in written mutual engagements the principles which have hitherto remained in the uncertain domain of controversy or have been left to the discretion of Governments; That, from henceforth, a certain number of rules may be made, without affecting the common law now in force with regard to the matters which that law has left unsettled; Have appointed the following as their Plenipotentiaries: [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the following provisions:Postal orre- CHAPTER I.-Postal Correspondence. ARTICLE 1. nviolable on The postal correspondence of neutrals or belligerents, hihs whatever its official or private character may be, found Forwardine on the high seas on board a neutral or enemy ship, is infrom capted violable. If the ship is detained, the correspondence is forwarded by the captor with the least possible delay. pBo c k a dd e The provisions of the preceding paragraph do not apply, in case of violation of blockade, to correspondence destined for or proceeding from a blockaded port. ARTICLE 2. Neutral mall The inviolability of postal correspondence does not exempt a neutral mail-ship from the Laws and customs of TREATIES AND CONVENTIONS. 619 maritime war as to neutral merchant-ships in general. The ship, however, may not be searched except when absolutely necessary, and then only with as much consideration and expedition as possible. CHAPTER II.-The Exemption from Capture of certain feselsexempt Vessels. ARTICLE 3. Vessels used exclusively for fishing along the coast or anr'iso vessels small boats employed in local trade are exempt from cap- trade. ture, as well as their appliances, rigging, tackle, and cargo. They cease to be exempt as soon as they take any part whatever in hostilities. The Contracting Powers agree not to take advantage of bMilitryuse forthe harmless character of the said vessels in order to use them for military purposes while preserving their peaceful appearance. ARTICLE 4. Vessels charged with religious, scientific, or philan- Renigious, scithropic missions are likewise exempt from capture. sels. CHAPTER III.-Regulations regarding the Crews of Enemy chshps mer. Merchant-ships Captured by a Belligerent. ARTICLE 5. When an enemy merchant-ship is captured by a bellig- Disposition of crew and officers, erent, such of its crew as are nationals of a neutral State if neutral. are not made prisoners of war. The same rule applies in the case of the captain and officers likewise nationals of a neutral State, if they promise formally in writing not to serve on an enemy ship while the war lasts. ARTICLE 6. The captain, officers, and members of the crew, when Condition^a renationals of the enemy State, are not made prisoners of and crew, if ene. war, on condition that they make a formal promise in mies. writing, not to undertake, while hostilities last, any service connected with the operations of the war. ARTICLE 7. The names of the persons retaining their liberty under capttication by the conditions laid down in Article 5, paragraph 2, and in Article 6, are notified by the belligerent captor to the other belligerent. The latter is forbidden knowingly to employ the said persons. ARTICLE 8. The provisions of the three preceding Articles do not clShit not n apply to ships taking part in the hostilities. 620 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. CHAPTER IV.-Final ProvMisins. ARTICLE 9. Power bound. The provisions of the present Convention do not apply except between Contracting Powers, and then only if all the belligerents are parties to the Convention. ARTICLE 10. Ratification. The present Convention shall be ratified as soon as possible. Deposit at The The ratifications shall be deposited at The Hague. Hague. The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers taking part therein and by the Netherland Minister for Foreign Affairs. Subsequent deposits of ratifications shall be made by means of a written notification, addressed to the Netherland Government and accompanied by the instrument of ratification. teo contracti g A duly certified copy of the proces-verbal relative to the Powers first deposit of ratifications, of the notifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notifification. ARTICLE 11. Adheigncetof Non-Signatory Powers may adhere to the present Powers. Convention. Notification of The Power which desires to adhere notifies its intenIntent. tion in writing to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. c o m m tuni-r This Government shall at once transmit to all the other cation to other Powers. Powers a duly certified copy of the notification as well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 12. Effect of ratifi- The present Convention shall come into force in the a to case of the Powers which were a party to the first deposit of ratifications, sixty days after the proces-verbal of that deposit, and, in the case of the Powers which ratify subquently or which adhere, sixty days after the notification of their ratification has been received by the Netherlands Government. ARTICLE 13. Deniaton. In the event of one of the Contracting Powers wishing to denounce the present Convention, the denunciation shall TREATIES AND CONVENTIONS. 621 be notified in writing to the Netherland Government, which shall at once communicate a duly certified copy of the notification to all the other Powers informing them of the date on which it was received. The denunciation shall only have effect in regard to N o t if g the notifying Power, and one year after the notification affected. has reached the Netherland Government. ARTICLE 14. A register kept by the Netherland Ministry for Foreign Register ofratiAffairs shall give the date of the deposit of ratifica-fications tions made in virtue of Article 10, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 11, paragraph 2) or of denunciation (Article 13, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts from it. In faith whereof the Plenipotentiaries have appended sining. their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single Dalepositoforigicopy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers invited to the Second Peace Conference. [Here follow signatures.] And whereas the said Convention has been duly rati- Ratification. fied by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of Germany, Austria-Hungary, Denmark, Great Britain, Mexico, the Netherlands, Sweden, and Salvador, and the ratifications of the said Governments were, under the provisions of Article 10 of the said Convention, deposited by their respective Plenipotentiaries with the Netherlands Government on November 27, 1909; Now, therefore be it known that I, William Howard Proclamation Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be axed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. 622 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Oct. is, 1907. Convention between the United States and other Powers con36 stat. L., pt cerning the rights and duties of neutral Powers in naval >2 2 war. Signed at The Hague October 18, 1907; adherence advised by the Senate April 17, 1908; adherence declared by the President of the United States February 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Netrals in Whereas a Convention concerning the rights and naval war. Preamble. duties of neutral powers in naval war was concluded and signed at The Hague on October 18, 1907, by the respective Plenipotentiaries of Germany, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, 'Chile, Colombia, Denmark, the Dominician Republic, Ecuador, France, Great Britain, Greece, Guatemala, Haiti, Italy, Japan, Luxemburg, Mexico, Montenegro, Norway, Panama, Paraguay, the Netherlands, Peru, Persia, Portugal, Roumania, Russia, Salvador, Servia, Siam, Sweden, Switzerland, Turkey, Uruguay, and Venezuela, the original of which Convention, being in the French language, is word for word as follows: [Translation.] XIII. CONVENTION CONCERNING THE RIGHTS AND DUTIES OF NEUTRAL POWERS IN NAVAL WAR. contracting His Majesty, the German Emperor, King of Prussia; powers. the President of the Argentine Republic; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; His Majesty the King of the Belgians; the President of the Republic of Bolivia; the President of the Republic of the United States of Brazil; His Royal Highness the Prince of Bulgaria; the President of the Republic of Chile; the President of the Republic of Colombia; His Majesty the King of Denmark; the President of the Dominican Republic; the President of the Republic of Ecuador; the President of the French Republic; His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India; His Majesty the King of the Hellenes; the President of the Republic of Guatemala; the President of the Republic of Haiti; His Majesty the King of Italy; His Majesty the Emperor of Japan; His Royal Highness the Grand Duke of Luxemburg, Duke of Nassau; the President of the United TREATIES AND CONVENTIONS. 623 States of Mexico; His Royal Highness the Prince of Montenegro; His Majesty the King of Norway; the President of the Republic of Panama; the President of the Republic of Paraguay; Her Majesty the Queen of the Netherlands; the President of the Republic of Peru; His Imperial Majesty the Shah of Persia; His Majesty the King of Portugal and of the Algarves, &c.; His Majesty the King of Roumania; His Majesty the Emperor of All the Russias; the President of the Republic of Salvador; His Majesty the King of Servia; His Majesty the King of Siam; His Majesty the King of Sweden; the Swiss Federal Council; His Majesty the Emperor of the Ottomans; the President of the Oriental Republic of Uruguay; the President of the United States of Venezuela: With a view to harmonizing the divergent views which, vePrse f oos - in the event of naval war, are still held on the relations e between neutral Powers and belligerent Powers, and to anticipating the difficulties to which such divergence of views might give rise; Seeing that, even if it is not possible at present to concert measures applicable to all circumstances which may in practice occur, it is nevertheless undeniably advantageous to frame, as far as possible, rules of general application to meet the case where war has unfortunately broken out; Seeing that, in cases not covered by the present Convention, it is expedient to take into consideration the general principles of the law of nations; Seeing that it is desirable that the Powers should issue detailed enactments to regulate the results of the attitude of neutrality when adopted by them; Seeing that it is, for neutral Powers, an admitted duty to apply these rules impartially to the several belligerents; Seeing that, in this category of ideas, these rules should not, in principle, be altered, in the course of the war, by a neutral Power, except in a case where experience has shown the necessity for such change for the protection of the rights of that Power; Have agreed to observe the following common rules, which cannot however modify provisions laid down in existing general Treaties, and have appointed as their Plenipotentiaries, namely: [Here follow the names of Plenipotentiaries.] Who, after having deposited their full powers, found in good and due form, have agreed upon the iollowing provisions:ARTICLE 1. Belligerents are bound to respect the sovereign rights reperents to roespct right s of of neutral Powers and to abstain. in neutral territory or neutr powers. neutral waters, from any act which would, if knowingly permitted by any Power, constitute a violation of neutrality. 28872". —S. Doec. 306, 62-2 ----42 624 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 2. HodSe wb mI Any act of hostility, including capture and the exerforbidden. cise of the right of search, committed by belligerent warships in the territorial waters of a neutral Power, constitutes a violation of neutrality and is strictly forbidden. ARTICLE 3. Release of Sps When a ship has been captured in the territorial waters By neutral of a neutral Power, this Power must employ, if the prize power- is still within its jurisdiction, the means at its disposal to release the prize with its officers and crew, and to intern the prize crew. eBettorGov- If the prize is not in the jurisdiction of the neutral Power, the captor Government, on the demand of that Power, must liberate the prize with its officers and crew. ARTICLE 4. bi courts for A Prize Court cannot be set up by a belligerent on bidden in neutral territory,. neutral territory or on a vessel in neutral waters. ARTICLE 5. Use of neutra Belligerents are forbidden to use neutral ports and ents forbidden. waters as a base of naval operations against their adversaries, and in particular to erect wireless telegraphy stations or any apparatus for the purpose of communicating with the belligerent forces on land or sea. ARTICLE 6. beW toarsu o- The supply, in any manner, directly or indirectly, by bidden a neutral Power to a belligerent Power, of war-ships, ammunition, or war material of any kind whatever, is forbidden. ARTICLE 7. Right of export, A neutral Power is not bound to prevent the export or et., anllowed. transit, for the use of either belligerent, of arms, ammunitions, or, in general, of anything which could be of use to an army or fleet. ARTICLE 8. Aorming eto., A neutral Government is bound to employ the means euseto be pvented by at its disposal to prevent the fitting out or arming of any vessel within its jurisdiction which it has reason to believe is intended to cruise, or engage in hostile operations, against a Power with which that Government is at peace. It is also bound to display the same vigilance to prevent the departure from its jurisdiction of any vessel mtended to cruise, or engage in hostile operations, which had been adapted entirely or partly within the said jurisdiction for use in war. TREATIES AND CONVENTIONS. 625 ARTICLE 9. A neutral Power must apply impartially to the two Impartiality to belligerents the conditions, restrictions, or prohibitions belgere made by it in regard to the admission into its ports, roadsteads, or territorial waters, of belligerent war-ships or of their prizes. Nevertheless, a neutral Power may forbid a belligerent Proibi t l n vessel which has failed to conform to the orders and regulations made by it, or which has violated neutrality, to enter its ports or roadsteads. ARTICLE 10. The neutrality of a Power is not affected by the mere P a ghs nt passage through its territorial waters of war-ships or waters allowed. prizes belonging to belligerents. ARTICLE 11. A neutral Power may allow belligerent war-ships to Pnot& employ its licensed pilots. ARTICLE 12. In the absence of special provisions to the contraryin Temporary the legislation of a neutral Power, belligerent war-shipstayport are not permitted to remain in the ports, roadsteads, or territorial waters of the said Power for more than twentyfour hours, except in the cases covered by the present Convention. ARTICLE 13. If a Power which has been informed of the outbreak of Dea of war ships on outhostilities learns that a belligerent war-ship is in one of its break of hostiliports or roadsteads, or in its territorial waters, it must ties notify the said ship to depart within twenty-four hours or within the time prescribed by local regulations ARTICLE 14. A belligerent war-ship may not prolong its stay in a Detention by neutral port beyond the permissible time except on etc. account of damage or stress of weather. It must depart as soon as the cause of the delay is at an end. The regulations as to the question of the length of time teelt p 'ermitwhich these vessels may remain in neutral ports, roadsteads, or waters, do not apply to war-ships devoted exclusively to religious, scientific, or philanthropic purposes. ARTICLE 15. In the absence of special provisions to the contrary in Miumrn ofwd the legislation of a neutral Power, the maximum number in porta of war-ships belonging to a belligerent which may be in one of the ports or roadsteads of that Power slmultaneously shafl be three. 626 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 16. DE bof When war-ships belonging to both belligerents are begrents. present simultaneously in a neutral port or roadstead, a period of not less than twenty-four hours must elapse between the departure of the ship belonging to one belligerent, and the departure of the ship belonging to the other. turd f depar- The order of departure is determined by the order of arrival, unless the ship which arrived first is so circumstanced that an extension of its stay is permissible. aUnoIanc to A belligerent war-ship may not leave a neutral port or mbntsi. roadstead until twenty-four hours after the departure of a merchant-ship flying the flag of its adversary. ARTICLE 17. mRetrars r- In neutral ports and roadsteads belligerent war-ships may only carry out such repairs as are absolutely necessary to render them seaworthy, and may not add in any manner whatsoever to their fighting force. The local authorities of the neutral Power shall decide what repairs are necessary, and these must be carried out with the least possible delay. ARTICLE 18. Use of neutral Belligerent war-ships may not make use of neutral ports, ports, etc., by warsips forbid- roadsteads, on territorial waters for replenishing or dan. increasing their supplies of war material or their armament, or for completing their crews. ARTICLE 19. Remlctualing Belligerent war-ships may only revictual in neutral Petd. ports or roadsteads to bring up their supplies to the peace standard. FUel. Similarly these vessels may only ship sufficient fuel to enable them to reach the nearest port in their own country. They may, on the other hand, fill up their bunkers built to carry fuel, when in neutral countries which have adopted this method of determining the amount of fuel to be supplied. Time for coal- If, in accordance with the law of the neutral Power, the. ships are not supplied with coal within twenty-four hours of their arrival, the permissible duration of their stay is extended by twenty-four hours. ARTICLE 20. ResUricti on Belligerent war-ships which have shipped fuel in a port belonging to a neutral Power may not within the succeeding three months replenish their supply in a port of, the same Power. TREATIES AND CONVEN'IONS. 627 ARTICLE 21. A prize may only be brought into a neutral port on ac- when p~r^ s count of unseaworthiness, stress of weather, or want of tral ports. fuel or provisions. It must leave as soon as the circumstances which justi- tDUration of fled its entry are at an end. If it does not, the neutral Power must order it to leave at once; should it fail to obey, the neutral Power must employ the means at its disposal to release it with its officers and crew and to intern the prize crew. ARTICLE 22. A neutral Power must, similarly, release a prize brought Release of into one of its ports under circumstances other than those referred to in Article 21. ARTICLE 23. A neutral Power may allow prizes to enter its ports and tion uestr roadsteads, whether under convoy or not, when they are brought there to be sequestrated pending the decision of a Prize Court. It may have the prize taken to another of its ports. If the prize is convoyed by a war-ship, the prize crew Prltmcaw. may go on board the convoying ship. If the prize is not under convoy, the prize crew are left at liberty. ARTICLE 24. If, notwithstanding the notification of the neutral wDetrenon of Power, a belligerent ship of war does not leave a port ig to leave. where it is not entitled to remain, the neutral Power is entitled to take such measures as it considers necessary to render the ship incapable of taking the sea during the war, and the commanding officer of the ship must facilitate the execution of such measures. When a belligerent ship is detained by a neutral Power, crsler a n d the officers and crew are likewise detained. The officers and crew thus detained may be left in the Dsposition ship or kept either on another vessel or on land, and may be subjected to the measures of restriction which it may appear necessary to impose upon them. A sufficient number of men for looking after the vessel must, however, be always left on board. The officers may be left at liberty on giving their word ofieders pa not to quit the neutral territory without permission. ARTICLE 25. A neutral Power is bound to exercise such surveillance nurveil oe neutral power. as the means at its disposal allow to prevent any violation of the provisions of the above Articles occurring in its ports or roadsteads or in its waters. 628 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE 26. Etrxcighs of ne The exercise by a neutral Power of the rights laid down unfriendly act. in the present Convention can under no circumstances be considered as an unfriendly act by one or other belligerent who has accepted the Articles relating thereto. ARTICLE 27. rio m ga- The Contracting Powers shall communicate to each in force. ' other in due course all Laws, Proclamations, and other enactments regulating in their respective countries the status of belligerent warships in their ports and waters, by means of a communication addressed to the Government of the Netherlands, and forwarded immediately by that Government to the other Contracting Powers. ARTICLE 28. pontracting The provisions of the present Convention do not apply affected. except to the Contracting Powers, and then only if al the belligerents are parties to the Convention. ARTICLE 29. Ratification. The present Convention shall be ratified as soon as possible. HDeosit at The The ratifications shall be deposited at The Hague. Hg. The first deposit of ratifications shall be recorded in a proces-verbal signed by the Representatives of the Powers which take part therein and by the Netherland Minister for Foreign Affairs. The subsequent deposits of ratifications shall be made by means of a written notification addressed to the Netherland Government and accompanied by the instrument of ratification. Ctoi ed copies A duly certified copy of the proces-verbal relative to the first deposit of ratifications, of the ratifications mentioned in the preceding paragraph, as well as of the instruments of ratification, shall be at once sent by the Netherland Government, through the diplomatic channel, to the Powers invited to the Second Peace Conference, as well as to the other Powers which have adhered to the Convention. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification. ARTICLE 30. Adhesion to Non-Signatory Powers may adhere to the present powers. Convention. Notication of The Power which desires to adhere notifies in writing its intention to the Netherland Government, forwarding to it the act of adhesion, which shall be deposited in the archives of the said Government. Communicaton That Government shall at once transmit to all the otheroer other Powers a duly certified copy of the notification as TREATIES AND CONVENTIONS. 629 well as of the act of adhesion, mentioning the date on which it received the notification. ARTICLE 31. The present Convention shall come into force in the Effect of rt. case of the Powers which were a party to the first deposit of the ratifications sixty days after the date of the procesverbal of that deposit, and, in the case of the Powers who ratify subsequently or who adhere, sixty days after the notification of their ratification or of their decision has been received by the Netherland Government. ARTICLE 32. In the event of one of the Contracting Powers wishing Denunciation. to denounce the present Convention, the denunciation shall be notified min writing to the Netherland Government, who shall at once communicate a duly certified copy of the notification to all the other Powers, informing them of the date on which it was received. The denunciation shall only have effect in regard to N o t I f y i n g the notifying Power, and one year after the notification affected. has been made to the Netherland Government. ARTICLE 33. A register kept by the Netherland Ministry for Foreign Register. Affairs shall give the date of the deposit of ratifications made by Article 29, paragraphs 3 and 4, as well as the date on which the notifications of adhesion (Article 30, paragraph 2) or of denunciation (Article 32, paragraph 1) have been received. Each Contracting Power is entitled to have access to this register and to be supplied with duly certified extracts. In faith whereof the Plenipotentiaries have appended sk.g* their signatures to the present Convention. Done at The Hague, the 18th October, 1907, in a single D.aepositoforgcopy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Powers which have been invited to the Second Peace Conference. [Here follow signatures.] And whereas it is provided by its Article 30, that nonsignatory Powers may adhere to the said Convention; And whereas the Senate of the United States of America Adherbyni ad by its resolution of April 17, 1908, (two-thirds of the statsenate. Senators present concurring therein) did advise and consent to the adherence by the United States to the said Convention with the reservation and exclusion of its Article 23 and with the understanding that the last clause of Article 3 of the said Convention implies the duty of a neutral power to make the demand therein mentioned for the return of a ship captured within the neutral jurisdiction and no longer within that jurisdiction; 630 ILWS RELATING TO INSULAR AND MILITARY AFFAIRS. Declaradon of And whereas the President of the United States of America, in pursuance of and in conformity with the aforesaid advice and consent of the Senate, did, on the 23rd day of February, 1909, declare the adherence of the United States to the said Convention; Notfation of And whereas notice of the adherence of the United States to the said Convention has been given to the Government of the Netherlands in conformity with Article 30 of the said Convention; Ratiaions. And whereas, the said Convention has been duly ratified by the Governments of Germany, Austria-Hungary, Denmark, Mexico, the Netherlands, Russia, Sweden, and Salvador, and the ratifications of the said Governments were, under the provisions of Article 29 of the said Convention, deposited by their respective Plenipotentiaries with the Netherlands Government on November 27, 1909; Adherene of And whereas, in accordance with the provisions of Article 30 of the said Convention, the Government of China gave notification to the Netherlands Government on January 15, 1910, of its adherence to the said Convention; ProamatUon. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof, subject to the reservation and exclusion and the understanding herein above mentioned. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundredth and thirty-fourth. WM H TAFT By the President: P C KNox, Secretary of State Oct18, 907. Declaration between the United States and other Powers 36 stat. L.,pt. prohibiting the discharge of projectiles and explosives p2,. 239. from balloons. Signed at The Hague October 18, 1907; ratification advised by the Senate March 12, 1908; ratified by the President of the United States Februarry 23, 1909; ratification deposited with the Netherlands Government November 27, 1909; proclaimed February 28, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. (Pro~tesfrom Whereas a Declaration prohibiting the discharge of proPreamble. jectiles and explosives from balloons was signed at The Hague on October 18, 1907, by the respective Plenipo TREATIES AND CONVENTIONS. 631 tentiaries of the United States of America, the Argentine Republic, Austria-Hungary, Belgium, Bolivia, Brazil, Bulgaria, China, Colombia, Cuba, the Dominican Republic, Ecuador, Great Britain, Greece, Haiti, Luxemburg, Norway, Panama, the Netherlands, Peru, Persia, Portugal, Salvador, Siam, Switzerland, Turkey, and Uruguay, the original of which Declaration, being in the French language, is word for word as follows: [Translation.] XIV. DECLARATION PROHIBITING THE DISCHARGE OF PROJECTILES AND EXPLOSIVES FROM BALLOONS. The Undersigned, Plenipotentiaries of the Powers in- in elara.o vited to the Second International Peace Conference at renewed. The Hague, duly authorized to that effect by their Governments, inspired by the sentiments which found expression in the Declaration of St. Petersburg of the 29th November (11th December), 1868, and being desirous of renewing the declaration of The Hague of the 29th July, 1899, which has now expired, Declare: The Contracting Powers agree to prohibit, for a period Launchig ro extending to the close of the Third Peace Conference, the loons, etc., pro discharge of projectiles and explosives from balloons or bited. by other new methods of a similar nature. The present Declaration is only binding on the Con- Powers bound. tracting Powers in case of war between two or more of them. It shall cease to be binding from the time when, in a Exemption. war between the Contracting Powers, one of the belligerents is joined by a non-Contracting Power. The present Declaration shall be ratified as soon as Ratification. possible. The ratifications shall be deposited at The Hague. Hepos at The A proces-verbal shall be drawn up recording the receipt of the ratifications, of which a duly certified copy shall be sent, through the diplomatic channel, to all the Contracting Powers. Non-Signatory Powers may adhere to the present, Adhesion of nonsignatory Declaration. To do so, they must make known their owers. adhesion to the Contracting Powers by means of a written notification, addressed to the Netherland Government, and communicated by it to all the other Contracting Powers. In the event of one of the High Contracting Parties Denunciation. denouncing the present Declaration, such denunciation shall not take effect until a year after the notification made in writing to the Netherland Government, and forthwith communicated by it to all the other Contracting Powers. 632 LAWS RELATING TO INSULAR AND MILITARY AFFAIB8. p o t y i n g This denunciation shall only have effect in regard to affected. the notifying Power. sining. In faith whereof the Plenipotentiaries have appended their signatures to the present Declaration. or osit of Done at The Hague, the 18th October, 1907, in a single copy, which shall remain deposited in the archives of the Netherland Government, and duly certified copies of which shall be sent, through the diplomatic channel, to the Contracting Powers. [Here follow signatures.] Ratiicatio. And whereas the said Declaration has been duly ratified by the Government of the United States of America, by and with the advice and consent of the Senate thereof, and by the Governments of China, Great Britain, the Netherlands Bolivia, and Salvador, and the ratifications of the said Governments were, as provided for by the said Declaration, deposited by their respective plenipotentiaries with the Netherlands Government on November 27 1909; proclamation. ow, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Declaration to be made public, to the end that the same and every clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-eighth day of February in the year of our Lord one thou[SEAL.] sand nine hundred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. June 19, 1909. 36 Stat. L., pt. 2, p. 2468. Convention between the United States and the Dominican Republic for the extradition of criminals. Signed at Santo Dominqo, June 19, 1909; ratification advised by the Senate, unth amendment, July 26, 1909; ratified by the President, April 29, 1910; ratified by the Dominican Republic, July 11, 1910; ratifications exchanged at Santo Domingo, August 2, 1910; proclaimed, August 26, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. wiEth adtinicn Whereas a Convention between the United States of Republic. America and the Dominican Republic providing for the b mutual extradition of fugitives from justice was concluded and signed by their respective Plenipotentiaries at Santo Domingo, on the nineteenth day of June, one TREATIES AND CONVENTIONS. 633 thousand nine hundred and nine, the original of which Convention, being in the English and Spanish languages is, as amended by the Senate of the United States, word for word as follows: The United States of America and the. Dominican Re- contractiag public, having judged it expedient, with a view to the better administration of justice and to the prevention of crimes within their respective territories and jurisdictions, that persons convicted of or charged with the crimes hereinafter specified, and being fugitives from justice, should, under certain circumstances, be reciprocally delivered up, have resolved to conclude a convention for that purpose, and have appointed as their plenipotentiaries: The President of the United States of America, Fenton Plenipotentta. R. McCreery, Minister Resident and Consul General of the United States of America, and the President of the Dominican Republic, Don Emilio Tejera Bonetti, Acting Secretary of State for Foreign Affairs of the Dominican Republic, who, after reciprocal communication of their full powers, found in good and due form, have agreed upon the following articles, to wit: ARTICLE I. It is agreed that the Government of the United States. R rpr de and the Government of the Dominican Republic shall, from justice upon mutual requisition duly made as herein provided, deliver up to justice any person who may be charged with, or may have been convicted of any of the crimes specified in article two of this Convention committed within the jurisdiction of one of the Contracting Parties while said person was actually within such jurisdiction when the crime was committed, and who shall seek an asylum or shall be found within the territories of the other, provided that such surrender shall take place only upon such evidence of criminality, as according to the laws of the place where the fugitive or person so charged shall be found, would justify his apprehension and commitment for trial if the crime or offence had been there committed. ARTICLE II. Persons shall be delivered up according to the provi- Extraditable sions of this Convention, who shall have been chargedcris with or convicted of any of the following crimes: 1. Murder, comprehending the crimes designated by the Murder, etc terms of parricide, assassination, manslaughter, when voluntary, poisoning or infanticide. 2. The attempt to commit murder. Attempt to 3. Rape, abortion, carnal knowledge of children under Rape, etc. the age of twelve years. 4. Bigamy. Bigamy. 5. Arson. 6. Willful and unlawful destruction or obstruction of ires to arailroads, which endangers human life. 634 LAWS RELATING TO INSULAB AND MILtTARY AFFAIRM. Crimes at sea 7. Crimes committed at sea. pirYc. (a) Piracy, as commonly known and defined by the laws of Nations; et, eossing, (b) Wrongfully sinking or destroying a vessel at sea or 8s. attempting to do so; Mutiny. (c) Mutiny or conspiracy by two or more members of the crew or other persons on board of a vessel on the high seas, for the purpose of rebelling against the authority of the Captain or Commander of such vessel, or by fraud or violence taking possession of such vessel; Assaults on (d) Assault board ships upon the high seas with p intent to do bodily harm. Burglary. 8. Burglary, defined to be the act of breaking into and entering the house of another in the night time with intent to commit a felony therein; Feloniously en- 9. The act of breaking into and entering into the offices ng o, etc. of the Government and public authorities, or the offices of banks, banking houses, saving banks, trust companies, insurance companies, or other buildings not dwellings with intent to commit a felony therein. Robbery. 10. Robbery, defined to be the act of feloniously and forcibly taking from the person of another, goods or money by violence or by putting him in fear. Forgery. 11. Forgery or the utterance of forged papers. Falsifying offl- 12. The forgery or falsification of the official acts of the Cil act, et. Government or public authority, including Courts of Justice, or the uttering or fraudulent use of any of the same. Counterfeit- 13. The fabrication of counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, created by National, State, Provincial, Territorial, Local or Municipal Governments, bank notes or other instruments of public credit, counterfeit seals, stamps, dies and marks of State or public administrations, and the utterence, circulation or fraudulent use of the above mentioned objects. Embezzlement 14. Embezzlefment or criminal malversation committed by public ofcers. within the jurisdiction of one or the other party by public officers or depositaries, where the amount embezzled exceeds two hundred dollars. Embezzlement 15. Embezzlement by any person or persons hited, salamployees. ried or employed, to the detriment of their employers or principals, when the crime or offence is punishable by imprisonment or other corporal punishment by the laws of both countries, and where the amount embezzled exceeds two hundred dollars. Kidnapping. 16. Kidnapping of minors or adults, defined to be the abduction or detention of a person or persons, in order to exact money from them or their families, or for any other unlawful end. LWy. 17. Larceny, defined to be the theft of effects, personal property, or money of the value of twenty-five dollars or more. 0 bt aining 18. Obtaining money, valuable securities or other propaofny., erty by false pretenses or receiving any money, valuable securities or other property knowing the same to have TREATIES AND CONVENTIONS. 635 been unlawfully obtained, where the amount of money or the value of the property so obtained or received exceeds two hundred dollars. 19. Perjury or subornation of perjury. Perry. 20. Fraud or breach of trust by a bailee, banker, agent, Breach of trust, factor, trustee, executor, administrator, guardian, director or officer of any Company or Corporation, or by any one in any fiduciary position, where the amount of money or the value of the property misappropriated exceeds two hundred dollars. 21. Crimes and offences against the laws of both coun- uCrims, agaist suppression Of tries for the suppression of slavery and slave trading. slave trade. 22. The extradition is also to take place for participa- f Accsories be. tion in any of the aforesaid crimes as an accessory before feat. or after the fact, provided such participation be punishable by imprisonment by the laws of both Contracting Parties. ARTICLE III. The provisions of this Convention shall not import No surender claim of extradition for any crime or offence of a political offenses. character, nor for acts connected with such crimes or offences; and no persons surrendered by or to either of the Contracting Parties in virtue of this Convention shall be tried or punished for a political crime or offence. When Agtetmt, o the offence charged comprises the act either of murder or Statenot potiad assassination or of poisoning, either consummated or at- crmes tempted, the fact that the offence was committed or attempted against the life of the Sovereign or Head of a foreign State or against the life of any member of his family, shall not be deemed sufficient to sustain that such a crime or offence was of a political character, or was an act connected with crimes or offences of a political character. ARTICLE IV. No persons shall be tried for any crime or offence other Tral imitd to than that for which he was surrendered. extradited ARTICLE V. A fugitive criminal shall not be surrendered under the.imitation of provisions hereof, when, from lapse of time or other lawful tme. cause, according to the laws of the place within the jurisdiction of which the crime was committed, the criminal is exempt from prosecution or punishment for the offence for which the surrender is asked ARTICLE VI. If a fugitive criminal whose surrender may be claimed prsPon under pursuant to the stipulations hereof, be actually under ountry where prosecution, out on bail or in custody, for a crime or found. offence committed in the country where he has sought asylum, or shall have been convicted thereof, his extradi 636 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. tion may be deferred until such proceedings be determined, and, until he shall have been set at liberty in due course of law. ARTICLE VII. Peroclaimed If a fugitive criminal claimed by one of the parties t othe r ounhereto, shall be also claimed by one or more powers pursuant to treaty provisions, on account of crimes committed within their jurisdiction, such criminal shall be delivered to that State whose demand is first received. ARTICLE VIII. Neither c nd- Under the stipulations of this Convention, neither of try bound to deliver its own citi- the Contracting Parties shall be bound to deliver up its lso own citizens or subjects. ARTICLE IX. Expensea The expense of the arrest, detention, examination and transportation of the accused shall be paid by the Government which has preferred the demand for extradition. ARTICLE X. Disposal of ar Everything found in the possession of the fugitive crimpesso inal at the time of his arrest, whether being the proceeds of the crime or offence, or which may be material as evidence in making proof of the crime, shall, so far as practicable, according to the laws of either of the Contracting Parties, be delivered up with his person at the time of the surrender. Nevertheless, the rights of a third party with regard to the articles aforesaid, shall be duly respected. ARTICLE XI. Territory af- The stipulations of this Convention shall be applicable to all territory wherever situated, belonging to either of the Contracting Parties or in the occupancy and under the control of either of them, during such occupancy or control. Requisitions. Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the Contracting Parties. In the event of the absence of such agents from the country or its seat of Government, or where extradition is sought from territory included in the preceding paragraph, other than the United States or the Dominican Republic, requisition may be made by superior consular officers. Preliminary It shall be competent for such diplomatic or superior consular officers to ask and obtain a mandate or preliminary warrant of arrest for the person whose surrender is sought, whereupon the judges and magistrates of the two Governments shall respectively have power and authority, TREATIES AND CONVENTIONS. 637 upon complaint made under oath, to issue a warrant for the apprehension of the person charged, in order that he or she may be brought before such judge or magistrate, that the evidence of criminality may be heard and considered; and if, on such hearing, the evidence be deemed sufficient to sustain the charge, it shall be the duty of the examining judge or magistrate to certify the same to the proper executive authority, that a warrant may issue for the surrender of the fugitive. If the fugitive criminal shall have been convicted of the Copies ofpapers crime for which his surrender is asked, a copy of the sen- rrd. tence of the Court before which such conviction took place, duly authenticated, shall be produced. If, however, the fugitive is merely charged with crime, a duly authenticated copy of the warrant of arrest in the country where the crime was committed, and of the depositions upon which such warrant may have been issued, shall be produced with such other evidence or proof as may be eemed competent in the case. ARTICLE XII. If, when a person accused shall have been arrested in dels enOvivirtue of the mandate or preliminary warrant of arrest, duced,etc. issued by the competent authority as provided in Article XI hereof, and been brought, before a judge or magistrate to the end that the evidence of his or her guilt may be heard and examined as herein before provided, it shall appear that the mandate or preliminary warrant of arrest has been issued in pursuance of a request or declaration received by telegraph from the Government asking for the extradition, it shall be competent for the judge or magistrate at his discretion to hold the accused for a period not exceeding two months, so that the demanding Government may have opportunity to lay before such judge or magistrate legal evidence of the guilt of the accused, and if, at the expiration of said period of two months, such legal evidence shall not have been produced before such judge or magistrate, the person arrested shall be released, provided that the examination of the charges preferred against such accused person shall not be actually going on. ARTICLE XIII. In every case of a request made by either of the two Legal assstContracting Parties for the arrest, detention or extradition of fugitive criminals, the legal officers or fiscal ministry of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every legal means within their or its power; and no claim whatever for compensation for any ompenstion. of the services so rendered shall be made against the Government demanding the extradition, provided however, 638 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. that any officer or officers of the surrendering Government so giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the Government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. ARTICLE XIV. Effect. This Convention shall take effect from the day of the exchange of the ratifications thereof; but either Contracting Party may at any time terminate the same on giving to the other six months notice of its intention to do so. IfExhage of The ratifications of the present Treaty shall be exchanged at the City of Santo Domingo as soon as possible. In witness whereof, the respective Plenipotentiaries have signed the above articles, and have hereunto affixed their seals. signts Done, in duplicate, at the City of Santo Domingo, this nineteenth day of June, one thousand nine hundred and nine. [SEAL] FENTON R MCCREERY [SEAL] E. TEJERA BONETTI Ratifications And whereas the said Convention, as amended by the Senate of the United States, has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the city of Santo Domingo, on the second day of August, one thousand nine hundred and ten; rclamation. Now, therefore, be it known that I, William Howard Taft, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, as amended, may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this twenty-sixth day of August in the year of our Lord one thousand nine hundred and ten, and of the Inde[SEAL.] pendence of the United States of America the one hundred and thirty-fifth. WM H TAFT By the President: ALVEY A. ADEE Acting Secretary of State PROCLAMATIONS BY THE PRESIDENT. BY THE PRESIDENT OF THE UNITED STATES OF AMERIOA. Apr. 24, 1909. 36 Stat. L., pt A PROCLAMATION. 2, p. 2492. Whereas His Majesty the King of Italy has entered Reciprocity into a supplementary reciprocal Commercial Agreement with the United States of America pursuant to and in accordance with the provisions of Section 3 of the Tariff Act of the United States approved July 24, 1897, which supplementary Commercial Agreement is, in the English and Italian texts, in the worts and figures following, to wit:The President of the United States of America and His Supplemental Majesty the King of Italy, considering it appropriate to supplement by an Additional Agreement the Commercial Agreement signed between the two Governments at Washington, on February 8, 1900, have appointed as their plenipotentiaries, to wit: The President of the United of America, the Honorable Robert Bacon, Secretary of State of the United States; and His Majesty the King of Italy, His Excellency the Baron Mayor des Planches, His Ambassador Extraordinary and Plenipotentiary at Washington, Who, after an exchange of their respective full powers, found to be in due and proper form, have agreed upon the following Articles: ARTICLE I. It is agreed on the part of the United States, in accord- Oedud duty ance with the provisions of section 3 of the Tariff Act of walnoes iunort the United States approved July 24, 1897, that the rates 1Ant es n ited of duty heretofore imposed and collected, under the said Act, on Italian sparkling wines upon entering the United States, including the island of Porto Rico, shall be suspended during the continuance in force of this agreement, and, instead, the following duties shall be imposed and collected, to wit: On all sparkling wines, in bottles containing not more than one quart and more than one pint, six dollars per dozen; containing not more than one pint each and more than one-half pint, three dollars per dozen; containing one-half pint each or less, one dollar and fifty cents per dozen; in bottles or other vessels containing more than one quart each, in addition to six dollars per dozen bottles on the quantities in excess of one quart, at the rate of one dollar and ninety cents per gallon. 28872~-8. DIQ. 306, 62-2 ---— 4 39 640 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE II. Reducedduty It is reciprocally agreed on the part of Italy, in conteders imported sideration of the provisif th e the foregoing Article, that into Ital. during the term of this Additional Agreement the duty to be assessed and collected on mowers and tedders, included in item No. 240, paragraph "f," of the Customs Tariff of Italy, products of the industry of the United States, imported into Italy, shall not exceed the rate of four lire per one hundred kilograms. ARTICLE III. Duration o When official notification of His Majesty's ratification shall have been given to the Government of the United States, the President of the United States shall publish his proclamation, giving full effect to theprovisions contained in Article I of this Agreement. From and after the date of such proclamation this Agreement shall be in full force and effect, and shall continue in force until the expiration of one year from the time when either of the High Contracting Parties shall have given notice to the other of its intention to terminate the same. In witness whereof we, the respective Plenipotentiaries, have signed this Agreement, in duplicate, in the English and Italian texts, and have affixed hereunto our respective seals. Done at Washington, this second day of March, A. D. one thousand nine hundred and nine. ROBERT BACON [SEAL] E. MAYOR DES PLANCHES. [SEAL] Ratification by And whereas the said Supplementary Commercial Italy. Agreement was duly ratified on the part of His Majesty the King of Italy on April 15, 1909, official notice whereof has been received by the President, oRededd utr Now, Therefore, be it known that I, William Howard ian products. Taft, President of the United States of America, acting under the authority conferred by said Act of Congress, do hereby suspend during the continuance in force of said Supplementary Commercial Agreement the imposition and collection of the duties mentioned in the first section of said Act and heretofore collected upon the specified articles of Italian origin as described in said Supplementary Commercial Agreement, and do declare in place thereof the rates of duty provided in the third section of said Act as recited in said Supplementary Commercial Agreement to be in full force and effect from and after the date of this Proclamation, of which the officers and citizens of the United States will take due notice. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. PROCLAMATIONS BY THE PRESIDENT. 641 Done at the City of Washington this twenty-fourth day of April in the year of our Lord one thour [SEAL. sand nine hundred and nine, and of the Independence of the United States of America the one hundred and thirty-third. WM H TAFT By the President: HUNTINGTON WILSON Acting Secretary of State. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Jan. 18, 1910. 36 Stats. L., pt. A PROCLAMATION. 2, p. 2505. WHEREAS it is provided in the Act of Congress ap- sharoduBritproved August 5, 1909, entitled "An Act To provide reve- Preamble. nue, equalize duties and encourage the industries of the sublic lasst United States, and for other purposes"That from and after the thirty-first day of March, nineteen hundred and ten, except as otherwise specially provided for in this section, there shall be levied, collected, and paid on all articles when imported from any foreign country into the United States, or into any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), the rates of duty prescribed by the schedules and paragraphs of the dutiable list of section one of this Act, and in addition thereto twentyfive per centum ad valorem; which rates shall constitute the maximum tariff of the United States: Provided, That whenever, after the thirtyfirst day of March, nineteen hundred and ten, and so long thereafter as the President shall be satisfied, in view of the character of the concessions granted by the minimum tariff of the United States, that the government of any foreign country imposes no terms or restrictions, either in the way of tariff rates or provisions, trade or other regulations, charges, exactions, or in any other manner, directly or indirectly, upon the importation into or the sale in such foreign country of any agricultural, manufactured, or other product of the United States, which unduly discriminate against the United States or the products thereof, and that such foreign country pays no export bounty or imposes no export duty or prohibition upon the exportation of any article to the United States which unduly discriminates against the United States or the products thereof, and that such foreign country accords to the agricultural, manufactured, or other products of the United States treatment which is reciprocal and equivalent, thereupon and thereafter, upon proclamation to this effect by the President of the United States, all articles when imported into the United States, or any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), from such foreign country shall, except as otherwise herein provided, be admitted under the terms of the minimum tariff of the United States as prescribed by section one of this Act. AND WvHEREAS satisfactory evidence has been presented to me that the Government of His Britannic Majesty imposes no terms or restrictions, either in the way of tariff rates or provisions, trade or other regulations, charges, exactions, or in any other manner, directly or indirectly, upon the importation into or the sale in the United Kingdom of Great Britain and Ireland of any agricultural, manufactured, or other product of the United States, which unduly discriminate against the United States or 642 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the products thereof, and that the Government of His Britannic Majesty pays no export bounty or imposes no export duty or prohibition upon the exportation of any article to the United States which unduly discriminates against the United States or the products thereof, and that the Government of His Britannic Majesty accords to the agricultural, manufactured, or other products of the United States treatment which is reciprocal and equivalent: Minimum tariff Now, THEREFORE, I, WILLIAM HOWARD TAFT, PresiDofrom Great dent of the United States of America, by virtue of the ritain power in me vested by the aforesaid Act of Congress, do hereby make known and proclaim that from and after March 31, 1910, and so long thereafter as the aforesaid Act of Congress is in existence and the Government of His Britannic Majesty imposes no terms or restrictions upon the importation or sale in the United Kingdom of Great Britain and Ireland of the products of the United States which unduly discriminate against the United States, all articles when imported into the United States, or any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), from the United Kingdom of Great Britain and Ireland shall be admitted under the terms of the minimum tariff of the United States as prescribed by Section one of the Tariff Act of the United States approved August 5, 1909; uRevocationmif Provided, however, that this proclamation shall not nations mad e take effect from and after March 31,1910, but shall be null against American and void in the event that, at any time prior to the afore(*mmerce. said date, satisfactory evidence shall be presented to the President that the Government of His Britannic Majesty has made such change or changes in its present laws or regulations affecting American commerce in the United Kingdom of Great Britain and Ireland as to discriminate unduly in any way against such commerce, and in the further event that a proclamation by the President of such fact, revoking the present proclamation, shall have been issued. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the City of Washington, this eighteenth day of January, A. D. one thousand nine hundred [EAL. and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. WM H TAFT By the President: P C KNOX Secretary of State. NOTE.-Proclamations concerning the same subject were also issued as to the governments and countries PROCLAMATIONS BY THE PRESIDENT. 643 and on the dates below mentioned. They can be found in 36 Statutes at Large, part 2: Date. Page. Spain, and colonial possessions thereof..................... Jan. 18,1910 2506 Swiss Confederation........................................... do........ 2507 Ottoman Empire (as to Turkey in Europe and Asia)..............do........ 2509 Italy, and colonial possessions thereof........................... do........ 2510 Russian Empire.................................................. do........ 2511 Norway........................................... Jan. 29,1910 2512 Belgium............................................................do....... 2514 Denmark, including the Faero Islands, Iceland, Greenland, and the West India colonies of Denmark........................... do....... 2515 Persia........................................................ do. 2516 Egypt....................................................2.........do....... 2518 Portugal and the Azores and Madeira Islands....................do........ 2519 Sweden......................................................... do........2520 Netherlands, as to the Netherlands in Europe, the island of Curacao and Dutch Guiana.................................. do........ 2522 German Empire, as to Germany............................ Feb. 7,1910 2523 Mexico......................................................... Feb. 9,1910 2524 Argentine Republic..................................................do....... 2526 Panama...................2................................. do........2527 Brazil................................................................do........ 2528 Paraguay.......................................................do........ 2529 Uruguay..................................................... do........ 2531 Liberia...................................................2..... do........2532 Japanese Empire...............................;............... Feb. 12,1910 2533 Indian Empire....................................................... do....... 2534 His Britannic Majesty with respect toAden.............................................................do....... 2536 The colony of Malta......................................... do........ 2537 Greece................................................. Feb. 21,1910 2538 Abyssinia.............................................................do....... 2540 Morocco........................................................ do........2541 His Britannic Majesty with respect to the colony of 'British Guiana............................................................. do........2542 Portugal with respect to its colonies, namely, the Cape Verde Islands, the islands of San Thome and Principe, Portuguese Guinea, the Provinces of Angola and Mozambique, Portuguese India, the colony of Macao and the colony of Timor.................do........ 2543 Guatemala............................................................do........ 2545 Ecuador..................................................... do........2546 Bolivia.................................................... do........2548 Peru.........................................................do........ 2549 Chile......................................................... do........2550 Korea........................................................ Mar. 1,1910 2551 Costa Rica....................................................... do........ 2553 Honduras..................................................... do...........2554 German Empire with respect toGerman East Africa....................................... do....... 2555 Kamerun.....................................................5....do........ 2557 German Southwest Africa.............................do........ 2558 Togoland.................................................... do........ 2559 Netherlands with respect to the Dutch East Indies.......... do........ 2561 His Britannic Majesty with respect toThe Isle of Man........................................do........ 2562 The Channel Islands............................................do......... 2563 Gibraltar...........................................do........ 2565 Cyprus......................................... do........2566 Ceylon.......................................................do........2567 Mauritius................................................d.....do...... 2569 Sokotra..................................2...............5..... do....... 2570 Seychelles Islands.....................................do........ 2571 St. Helena................................................... do...... 2573 Ascension.........................................................do...... 2574 Falkland Islands...................................... do........ 2575 British New Guinea............................................do........ 2577 British North Borneo...........................................do..... 2578 British East Africa...........................................do........ 2579 British Somaliland............................................do....... 2581 British Honduras................................................ do........ 2582 Austria-Hungary............................................. Mar. 2,1910 2583 His British Majesty with respect to the colony ofBermudas................................................... Mar. 8,1910 2585 The Leeward Islands.................................... do........ 2586 Barbados...............................................do....... 2587 Jamaica with Turks and Caicos Islands..................... do....... 2689 The Bahamas.....................................................do........ 2500 The Windward Islands...................................... do....... 2591 Trinidad and Tobago.................................do....... 2593 Cuba.................................................................do....... 2594 Dominican Republic.................................do....... 2595 itm..................................................................do....... 2597 Belgium with respect to the Kongo........do..2.. 2598 IM h RepubUc as to France including Algeria............. Mar. 19,1910 2000 644 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Date. Page. His Britannic Majesty with respect toFiji............................ Mar...... 24,1910 2602 Brunei and Sarawak..............................................do........ 204 Colony and protectorate of Gambia....................... do...... 2605 Gold Coast colony, including Ashanti........................ do...... 2606 Hongkong and Kowloon...................................do...... 2608 Federated Malay States...................................... 2609 Northern Nigeria protectorate.............................do...... 2611 Southern Nigeria protectorate (Lagos)....................... do........ 2612 Nyasaland......d............................................ do....... 2613 Colony and protectorate of Sierra Leone...................... do........ 2615 Straits Settlements, including Keeling Islands....................do........ 2616 Tonga....................................................... do........ 2618 Weihaiwei................................do........ 2619 German Empire with respect toKiaochow................................................. do........ 2620 iochow....do..2620 German possessions in Samoa...................................do....... 2622 German New Guinea, including the insular possessions of the Carolines, Pelew, and the Marianne Islands.....d...6.... do...... 2623 Marshall, Brown, and Providence Islands........................do...... 2625 Bhutan............................................................. do........ 2626 Republic of Andorra............................................. do....... 2627 Afghanistan............................................do...... 2629 H aiti..........................6.................................. do........ 30 Johore............................... do...... 2631 Japanese Empire with respect to Kwantung Territory..............do...... 2633 Montenegro..................................................... do....... 2634 Grand Duchy of Luxemberg....................................do....... 2635 Principality of Liechtenstein.........................................do...... 2637 Principality of Monaco.............................................. do...... 2638 Oman................................................................do........2639 Empire of China......................................................do..... 2641 Nepal...............................................................do........ 2642 Republic of San Marino........................................... do...... 2643 Ottoman Empire with respect to Turkish possessions in Africa.......do.... 2645 French Republic with respect to Madagascar.................... Mar. 28,1910 2646 French Republic with respect toGabun.................o................................ do........ 2647 French settlements in India............................... do.... 2649 French Equatorial Africa........................................do....... 2650 French Indo-China.......................................... do........ 2651 French coast of Somali.........................................do........ 2653 French West Africa............................................... 2654 Protectorate of Tunis.......................................do....... 2655 Salvador........................................................do..... 2657 French Republic with respect toMayolte and the Comoro Islands.............................do...... 2658 Guadeloupe and dependencies...............................do.... 2659 French Guiana........................................... 2661 St. Pierre and Miquelon..................................... do...... 2662 Martinique............................................... do. 2..... 2663 French settlements in Oceania................................do..... 2665 Reunion............................................do.6...... 2666 New Caledonia........................................... do...... 2667 Nicaragua....................................................do........ 2669 Columbia.................................................. Mar. 29,1910 2670 Servia........................................................do...........do...... 2671 Roumania............d.................................................do...... 2672 Bulgaria......................................................... do...... 2674 Venezuela....................................do_............. do 2675 Dominion of Canada.......................................... Mar. 30,1910 2676 New Zealand...............................................do....... 2677 Commonwealth of Australia.........................................do..... 2679 Newfoundland, including Labrador.................................do........2680 British colonies of Cape of Good Hope, Natal, the Transvaal, the Orange River colony, and all other possessions and protectorates of Great Britain in South Africa.........................do...... 2681 His Britannic Majesty with respect to Kelantan, Tringganu, Kedah, Perlis and adjacent islands, the Maldive Islands, the Gilbert and Ellice Islands, British Solomon Islands Pitcairn Island Tristan da Cunha Island, Mcdonald Island, and all other British islands, possessions, and protectorates not specifically mentioned in or covered by previous proclamations issued in accordance with the provisions of section 2 of the tariff act of the United States approved Aug. 5, 1909.......... Mar. 31,1910 2683 Mar. 23, 1910. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. 36 Stat. L., pt. 2, p. 201. A PROCLAMATION. itka National WHEREAS, within the limits of the public park creMonument, Alaska. ated by proclamation June 21, 1890, near Sitka, Alaska, Pramble. is located the decisive battle ground of the Russian con PROCLAMATIONS BY THE PRESIDENT. 645 quest of Alaska in 1804, and also the site of the former village of the Kik-Siti tribe, the most warlike of the Alaskan Indians; and that here also are the graves of a Russian midshipman and six sailors, killed in the conflict, and numerous totem poles constructed by the Indians, which record the genealogical history of their several clans, and WHEREAS, under the general laws of Alaska it has been found difficult to prevent vandalism within the reserved area, Now, therefore, I, William H. Taft, President of the NationalMon-^ United States of America, by virtue of the power vested in Alaska me by Section two of the act of Congress approved June 8, 1906, entitled, "An Act for the Preservation of American Antiquities", do hereby set aside, subject to any vested right, as the Sitka National Monument, a tract of land near Sitka, Alaska, situated within, or chiefly within, the public park which embraces the mouth of Indian River and adjacent territory, created by proclamation of June 21, 1890, the same being more definitely located and described as follows: Beginning at corner No. 2 of the Presbyterian Mission Description. site on the easterly side thereof; thence north twentyfour degrees, fifty-four minutes east, along the line of said tract, crossing Indian River, to a point seven chains and fifty-eight links from the right bank of said river; thence south forty-two degrees east, thirty-three chains and eighty-five links, to a point north fifty-one degrees, thirty minutes east, ninety-one links from a post on high tide line designated "Haley's Initial Post"; thence south fifty-one degrees, thirty minutes west, crossing the mouth of Indian River to a pine tree on Indian Point; thence following the meanders of the high tide line of Sitka Bay southwesterly and northwesterly to the place of beginning; embracing approximately fifty-seven acres of land, as shown upon the diagram hereto attached and made a part of this proclamation. Warning is hereby expressly given to all unauthorized froe setliov at persons not to appropriate, injure or destroy any feature etc. of this National Monument, or to locate or settle upon any of the lands reserved by this proclamation. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the city of Washington this 23rd day of March, in the year of our Lord one thousand nine [SEAL.] hundred and ten, and of the Independence of the United States the one hundred and thirtyfourth. WM H TAFT By the President: P C KNOX Secretary of State. 646 LAWS tREATING TO INSULAR AND MILITARY AFFAIRS. Apr. 9, 1910. By THE PRESIDENT OF THE UNITED STATES OF AMERICA. 36 Stat. L., pt. 2, p.2685. A PROCLAMATION. Copyrights. Whereas it is provided by the Act of Congress of March Prembl 4, 1909, entitled "An Act to amend and consolidate the Acts respecting Copyright," that the benefits of said Act, excepting the benefits under Section 1 (e) thereof, as to which special conditions are imposed, shall extend to the work of an author or proprietor who is a citizen or subject of a foreign state or nation, only upon certain conditions set forth in Section 8 of said Act, to wit: (a) When an alien author or proprietor shall be domiciled within the United States at the time of the first publication of his work; or (b) When the foreign state or nation of which such author or proprietor is a citizen or subject grants, either by treaty, convention, agreement, or law, to citizens of the United States the benefit of copyright on substantially the same basis as to its own citizens, or copyright protection substantially equal to the protection secured to such foreign author under this Act or by treaty; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the Unted States may, at its pleasure, become a party thereto: And, whereas, it is also provided by said section that "The existence of the reciprocal conditions aforesaid shall be determined by the President of the United States, by proclamation made from time to time as the purposes of this Act may require": And, whereas satisfactory evidence has been received that in Austria, Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany, Great Britain and her possessions, Itlay, Mexico, the Netherlands and possessions, Norway, Portugal, Spain, and Switzerland the law permits and since July 1, 1909, has permitted to citizens of the United States the benefit of copyright on substantially the same basis as to citizens of those countries: tedtotres entsi- Now, therefore, I, William Howard Taft, President of the United States of America, do declare and proclaim that one of the alternative conditions specified in Section 8 of the Act of March 4, 1909, is now fulfilled, and since July 1, 1909, has continuously been fulfilled, in respect to the citizens or subjects of Austria, Belgium, Chile, Costa Rica, Cuba, Denmark, France, Germany, Great Britain and her possessions, Italy, Mexico, the Netherlands and possessions, Norway, Portugal, Spain, and Switzerland, and that the citizens or subjects of the aforementioned countries are and since July 1, 1909, have been entitled to all of the musioal pro- benefits of the said Act other than the benefits under Secductions not ins cluded. tion 1 (e) thereof, as to which the inquiry is still pending. In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. ?ROCLAMATIONS BY TIE1B FIESTDtNt. 647 Done at the City of Washington this ninth day of April in the year of our Lord one thousand nine hun[SEAL.] dred and ten, and of the Independence of the United States of America the one hundred and thirty-fourth. Wm H TAFF By the President: P C KNOX Secretary of State 0 I __ APPENDIX. LEADING CASES, WITH STATEMENTS AND SYLLABI, WHICH AROSE IN OR RELATE TO THE INSULAR AND ISTHMIAN POSSESSIONS OF THE UNITED STATES AND ALASKA, HEARD AND DECIDED IN THE SUPREME COURT OF THE UNITED STATES BETWEEN JUNE 1, 1909, AND JUNE 1, 1911. OFFICIAL OPINIONS OF THE ATTORNEY GENERAL OF THE UNITED STATES, ADVISING THE PRESIDENT AND HEADS OF DEPARTMENTS IN RELATION TO THEIR OFFICIAL DUTIES, AND EXPOUNDING THE CONSTITUTION, TREATIES WITH FOREIGN GOVERNMENTS AND WITH INDIAN TRIBES, AND THE PUBLIC LAWS OF THE COUNTRY, BETWEEN JUNE 17, 1908, AND MARCH 3, 1911. PRINCIPAL OFFICIALS OF THE PHILIPPINE ISLANDS, PORTO RICO, HAWAII, ALASKA, GUAM, TUTUILA, AND CUBA ON DECEMBER 1, 1911. 649 I&t r0 I DECISIONS OF THE SUPREME COURT. Supreme Court of the United States. REAVIS v. FIANZA. Appeal from the Supreme Court of the Philippine Islands. (215 U. S., 16.) No. 16. Argued April 26, 27, 1909. Decided November 1, 1909. SYLLABUS. This court has jurisdiction of this case; for, even if the requisite amount is not involved, the meaning and effect of a provision of the Philippine organic act of July 1, 1902 (c. 1369, 32 Stats., 691), is involved. The provision of section 45 of the organic act of the Philippine Islands relating to title to mines by prescription refers to conditions as they were before the United States came into power and had in view the natives of the islands and intention to do them liberal justice. Courts are justified in dealing liberally with natives of the Philippines in dealing with evidence of possession. (Carino v. Insular Government, 212 U. S., 449.) The limitation of size of mining claims in section 22 of the Philippine organic act applies only to claims located after the passage of that act. Under section 28 of the Philippine organic act a valid location could not be made if the land was occupied by one who was already in possession before the United States came into power, and the claim of one locating under those conditions does not constitute an adverse claim under section 45 of that act. A right to an instrument that will confer a title in a thing is a right to the thing itself, and a statutory right to apply for a patent to mining lands is a right that equity will specifically enforce. Although, if seasonably taken, an objection to the form of remedy might be sustained, after trial on the merits it comes too late. 7 Philippine Rep., 610, affirmed. Opinion by Holmes, J. No dissenting opinion. Decree affirmed. This was a bill in equity brought by the appellees to restrain the appellant from setting up title to certain gold mines in the Province of Benguet, or interfering with the same, and to obtain an account of the gold heretofore taken from the mines. The trial court rendered a judgment or decree granting an injunction as prayed. Exceptions were taken on the ground that the findings of fact were against the weight of evidence and that the judgment was against the law The Supreme Court of the Philippine Islands reexamined the evidence and affirmed the decree below. Then the case was brought to the Supreme Court by appeal. 'S 651 652 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. EL PASO & NORTHEASTERN RAILWAY COMPANY V. GUTIERREZ, ADMINISTRATRIX. Error to the Supreme Court of the State of Texas. (215 U. S., 87;) No. 505. Submitted October 11, 1909. Decided November 15, 1909. SYLLABUS. Where the effect of the judgment of the State court is to deny the defense that a statute of a Territory is a bar to the action, a claim of Federal right is denied and this court has jurisdiction under section 709, Revised Statutes, to review the judgment. (Atchison, Topeka & Santa Fe Ry. v. Sowers, 213 U. S., 55.) The power of Congress to regulate commerce in the District of Columbia and Territories is plenary and does not depend on the commerce clause, and a statute regulating such commerce necessarily supersedes a Territorial statute on the same subject. An act of Congress may be unconstitutional as measured by the commerce clause, and constitutional as measured by the power to govern the District of Columbia and the Territories, and the test of separability is whether Congress would have enacted the legislation exclusively for the District and the Territories. The rule that the court must sustain an act of Congress as constitutional unless there is no doubt as to its unconstitutionality also requires the court to sustain the act in so far as it is possible to sustain it. This court did not, in its decision of the Employers' Liability Cases (207 U. S., 463), hold the act of June 11, 1906 (c. 3073, 34 Stat., 232), unconstitutional so far as it related to the District of Columbia and the Territories, and expressly refused to interpret the act as applying only to such employees of carriers in the District and Territories as were engaged in interstate commerce. The evident intent of Congress in enacting the employers' liability act of June 11, 1906, was to enact the curative provisions of the law as applicable to the District of Columbia and the Territories under its plenary power irrespective of the interstate commerce feature of the act, and, although unconstitutional as to the latter, as held in 207 U. S., 463, it is constitutional and paramount as to commerce wholly in the District and Territories. The employers' liability act of June 11, 1906, being a constitutional regulation of commerce in the District of Columbia and the Territories necessarily supersedes prior territorial legislation on the same subject and noncompliance by the plaintiff employee with a provision of a territorial statute (in this case of New Mexico) can not be pleaded by the defendant employer as a bar to an action for personal injuries. 117 S. W. 426, affirmed, and Hyde v. Southern Ry. Co., 31 App. D. C., approved. Opinion by Day, J. No dissenting opinion. Judgment affirmed. In this case an action was commenced by Enedina Gutierrez, as administratrix of the estate of Antonio Gutierrez, in the district court of El Paso County, Tex., against the El Paso & Northeastern Railway Co., to recover damages because of the death of the plaintiff's intestate by wrongful act while engaged in the service of the railway company, a common carrier in the Territory of New Mexico, wherein it is provided that no actions for injuries inflicting death caused by any person or corporation in the Territory shall be maintained, unless the person claiming damages shall, within 90 days after the infliction of the injury complainedof and 30 days before commencing suit, serve upon the defendant an affidavit covering certain particulars as to the injuries complained of, and containing the names and SUPREME COURT DECISIONS. 653 addresses of all witnesses of the happening of the alleged acts of negligence. Suit must be brought within one year, and in the district court of that Territory in and for the county in which the injuries were received, or where the injured person resides; or, in a claim against a corporation, in the county of the Territory where the corporation has its principal place of business. The special answer sets forth that the accident happened in the Territory of New Mexico, while the statute was in full force, and that its terms and provisions were not complied with. To the special answer the plaintiff below interposed a demurrer, and further, by way of supplemental petition, set forth that the injuries complained of happened after the passage of the so-called employers' liability act, June 11, 1906 (c. 3073, 34 Stat., 232). This act, the plaintiff alleged, controlled the liability of the defendant in the case. The district court sustained the demurrer of the plaintiff to that part of the defendant's answer which set up the Territorial act of New Mexico, to which ruling the railway company duly excepted. The case then went to trial to a jury upon issues made concerning the liability of the railway company under the Federal employers' liability act of June 11, 1906. The result was a verdict and judgment in favor of the plaintiff against the railway company. The case was then taken to the Court of Civil Appeals of Texas, and that court held that it would not be governed by the Territorial statutes, and that the employers' liability act of June 11, 1906, was unconstitutional, upon authority of Employers' Liability Cases (207 U. S., 463), and certain cases in the Texas Court of Appeals. Upon rehearing a majority of the court held that the provisions of the New Mexico act as to the presentation of notice of claim for damages was a condition precedent to a cause of action, and that the trial court therefore erred in sustaining plaintiff's exception to that part of the defendant's answer which pleaded the Territorial act and plaintiff's failure to present her claim in accordance with it. Thereupon the defendant took the case to the Supreme Court of Texas by writ of error, and that court held that the case was controlled by the act of Congress known as the employers' liability act, and that the same was constitutional, and therefore held that the judgment of the court of civil appeals should be reversed, and the original judgment of the district court affirmed. From the judgment of the supreme court of the State a writ of error was prosecuted to the Supreme Court. Supreme Court of the United States. TIGLAO V. INSULAR GOVERNMENT OF THE PHILIPPINE ISLANDS. Error to and appeal from the Supreme Court of the Philippine Islands. (215 U. S., 410.) No. 37. Argued November 1, 1909. Decided January 3, 1910. SYLLABUS. Writ of error and not appeal is the proper method to bring up to this court a judgment of the Supreme Court of the Philippine Islands in a case affecting title to land in court of land registration. (Carino v. Insular Government, 212 U. S., 449.) 654 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In this case the grant involved was made without authority by subordinate officials, was void ab mitio, and conveyed no title to the original grantee or those holding under him. A man can not take advantage of his ignorance of the law, and where all that is done to give him a title is insufficient on its face, the grantee is chargeable with knowledge, does not hold in good faith, and in such a case prescription does not run from the date of the instrument under which he claims. Opinion by Holmes, J. No dissenting opinion. Judgment affirmed. This case comes by writ of error and appeal from a judgment of the Supreme Court of the Philippine Islands, affirming a judgment of the court of land registration, which denied registration to a tract of land. On July 13, 1873, the gobernadorcillo and principales of the town of Mabalacat in the Province of Pampanga, Luzon, executed an instrument, marked "O. K." by the parish priest, purporting to grant the land, with qualifications not needing to be noticed, to one Rafael Lacson, who held the land until 1881, when he conveyed it to Pedro Carrillo and his wife. Possession was abandoned in 1885 without change of title. This land was royal domain when the gobernadorcillo and principales of the pueblo of Mabalacat attempted to convey it to Lacson. There is no evidence of proprietorship of any part of the land by the pueblo of Mabalacat. Under Spanish law a pueblo did not become the owner of any part of the royal domain unless special grant was made to it and the extent and boundaries of the grant were especially designated by the proper granting authority, and even when the lands were specially set apart for a pueblo the fee remained in the King. Supreme Court of the United States. LOWREY v. TERRITORY OF HAWAII. Appeal from the Supreme Court oJ the Territory of Hawaii. (215 U. S., 554.) No. 469. Argued December 6, 1909. Decided January 24, 1910. SYLLABUS. The decision and opinion of this court in Lowrey v. Hawaii (206 U. S., 206), construed and followed as to construction of contract involved and liability thereunder of the Hawaiian government. A condition to teach a definite Christian doctrine is not satisfied by teaching merely a form of general evangelical Christianity. Where the breach of a covenant of use entails either forfeiture or payment of a specified sum, the grantee has the right of election until disavowal on his part and denial of the alternative obligation, and until then, notwithstanding a continuous breach, the statute of limitations does not run against the grantor. A deed of trust conveying all lands of grantor or in which it has any interest held in this case to include its right to a liquidated sum in lieu of right of reentry for a breach of covenant of use of lands theretofore conveyed by it. 19 Hawaii, 123, reversed. Opinion by McKenna, J. No dissenting opinion. Brewer, J., took no part in the decision, SUPREME COURT DECISIONS. 655 Judgment reversed and the cause remanded with directions to enter judgment for appellants as prayed for. This is the second appeal in this case. The first appeal was from a judgment in favor of the Territory, entered upon demurrer to the complaint, which judgment was reversed. The action is for the sum of $15,000, which the Hawaiian Government reserved the right to pay, instead of deeding back certain lands conveyed to it by the American Board of Commissioners of Foreign Missions in 1849. Upon the return of the case to the Supreme Court of the Territory an answer was filed denying "all and singular the matters, allegations, and things set forth," and giving notice that the Territory would "rely in making its defense inter aha on the statute of frauds. Subsequently the plaintiffs made a motion upon the record and "upon the judgment in the Supreme Court of the United States" for judgment. The Territory made a motion to amend its answer to set up the statute of limitations. The plaintiffs' motion was denied, that of the Territory was granted, to which rulings plaintiff excepted. The court rendered judgment for the Territory, whereupon this appeal was taken. Supreme Court of the United States. ALVAREZ Y SANCHEZ V. UNITED STATES. Appeal from the Court of Claims. (216 U. S., 167.) No. 69. Submitted Jauuary 11, 1910. Decided February 21, 1910. SYLLABUS. The rights of private individuals recognized and protected by the treaty of 1898 with Spain did not include the salability of official positions, such as procurador; nor did the United States intend to so restrict its own sovereign authority that it could not abolish the system of perpetual and salable offices which is entirely foreign to the conceptions of this people. Even if Congress did not intend to modify the treaty of 1898 by the Foraker Act of April 12, 1900 (31 Stat., 77), if that act is inconsistent with the treaty it must prevail, and be enforced despite any provision in the treaty. (Hijo v. United States, 194 U. S., 315.) Congress recognized the action of the military authorities in Porto Rico in 1898 in abolishing the office of procurador and validated it by the provision in the Foraker Act of 1900 continuing the laws and ordinances then in force except as altered and modified by the military orders in force. The abolition of a perpetual and salable office, established under the Spanish law in Porto Rico prior to its cession to the United States, does not violate any provision of the Constitution or infringe any right of property which the holder of the office can assert against the United States. (O'Reilly v. Brooke, 209 U. S., 45.) 42 C. Cl. 458, affirmed. Opinion by Harlan, J. No dissenting opinion. Judgment of the Court of Claims confirmed. The appellant, an inhabitant and citizen of Porto Rico, seeks to recover from the United States the value of a certain office held by him in the island before and during the War with Spain, of which 28872~-S. Doc. 306, 62-2 — -44 656 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. office, it is alleged, he was illegally deprived by the United States. A demurrer to the complaint was sustained and judgment given to the United States. In the year 1878 the claimant, Sanchez, purchased from one Florenzio Berrios y Lopez, for a valuable consideration, the office known as "numbered procurador (solicitor) of the courts of first instance of the capital of Porto Rico," at Guayamo, in perpetuity, and in the same year the Governor General of Porto Rico issued a provisional patent in his favor. In 1881 the claimant's tenure of the office was approved and confirmed, and a final patent therefor was issued by the King of Spain, in accordance with the laws, practice, and custom of Spain and Porto Rico governing the sale, surrender, and transfer of such an office. The claimant, it is alleged, thereby became vested with all the legal rights and privileges appertaining to the office. Gen. Davis, as military governor, issued what is known as General Order 134, containing among other paragraphs: "XI. The office of solicitor (procurador) is abolished." Supreme Court of the United States. FRAENKL V. CERECEDO HERMANOS. Appeal from the District Court of the United States for Porto Rico. (216 U. S., 295.) No. 411. Submitted January 10, 1910. Decided February 21, 1910. SYLLABUS. Where a bill of review is presented for filing within the period allowed, and the court delays passing upon the application until after that period has elapsed, the time between tendering the bill for filing and permission given to file is not counted in applying the limitation. (Ensmlnger v. Powers, 108 U. S., 292.) Jurisdiction is determined as of the time of commencement of the suit, and even though the jurisdiction of the court be enlarged by a subsequent statute so as to include the parties, the court can not acquire jurisdiction against objection. After a case has been decided below without reference to any Federal question parties may not for purpose of review by this court inject a Federal question by the suggestion that a Federal right was relied on. 1 Porto Rico Fed. 53, affirmed. Opinion by White, J. No dissenting opinion. Affirmed. This is an appeal from a decree of the District Court of the United States for Porto Rico, upon a bill of review, vacating and annulling a decree entered by that court in an equity cause, and dismissing the bill of complaint in said cause without prejudice. The assignments of error assail the power of the court below to permit the filing of the bill of review, and also question the validity of its action in vacating the decree entered in the main cause and dismissing the bill filed therein. SUPREME COURT DECISIONS. 657 Supreme Court of the United States. PENDLETON V. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (216 U. S., 305.) No. 53. Argued January 21, 1910. Decided February 21, 1910. SYLLABUS. The retention by the prosecuting authorities, without using it on the trial, of a statement made by the accused, does not amount to compelling him to be a witness against himself within the provisions of chapter 5 of the Philippine act of congress of July 1, 1902 (32 Stat., 691). The Supreme Court of the Philippine Islands tries a criminal case on the record de novo, and if it avoids an error which may have been committed by the court of first instance, the judgment will not be reversed by this court on account of such error; and so held in this case in which the court of first instance took into consideration the fact that accused did not offer to testify on his own behalf, but the supreme court, on the accused'sown appeal, declared that it did not take that fact into consideration but rendered its decision on the proofs. 7 Philippines, 457. Opinion by McKenna, J. No dissenting opinion. Judgment affirmed. Plaintiff in error was convicted of the crime of murder in the court of first instance of the Province of Cebu, Philippine Islands, and sentenced to 20 years' imprisonment, which was reduced to 17 years by the supreme court. The assignments of error are as follows: 1. The accused has been compelled to be a witness against himself in violation of Article V of the law of Congress of July 1, 1902. 2. The fact that the accused did not offer himself as a witness in his own favor has been used to his prejudice in violation of his right to remain silent until his guilt be established by the evidence beyond a reasonable doubt. 3. The evidence does not show the guilt of accused of the crime imputed to him beyond a reasonable doubt. Defendant appealed to the supreme court to review the judgment of the lower court. He made a motion for a new trial in the supreme court, and that being denied, he now urges, not error committed, in the supreme court, but error committed in the trial court. Supreme Court of the United States. HAWAIIAN TRUST COMPANY LIMITED, ET AL., EXECUTOR V. VON HOLT ET AL., TRUSTEES. SAME V. SAME. Appealsfrom the Supreme Court of the Territory of Hawaii. (216 U. S., 367.) Nos. 106, 107. Argued January 26, 1910. Decided February 21, 1910. SYLLABUS. A provision that a definite amount of net income be paid by trustees to the widow does not entitle her to income from the death of the testator but only from after the executors have been discharged and the property turned over to the trustees. This rule applies even if, after acceptance by the widow of the provision in lieu of dower, it appears that the provision is not as advantageous to her as though she elected to take her dower. 658 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In considering whether a provision in a will is as advantageous as dower interest, the fact that the widow is an executor and receives commissions may be considered. 18 Hawaii, 34, 342, affirmed. Opinion hy Holmes, J. No dissenting opinion. Decrees affirmed. These are bills in equity, brought by the respondents, trustees under the will of James Campbell, for instructions as to the meaning of a clause in the will. James Campbell died on April 21, 1900, leaving large amounts of real and personal property. His will was proved on July 26, 1900. By it the same persons were made, first, executors, and afterwards trustees. On July 3, 1905, a decree of distribution was made discharging the executors and ordering them to turn the property over to themselves as trustees. The testator left a widow and children, and the question before the court is whether the widow, the appellant, is entitled to any part of the income from realty before the same came to the trustees' hands. The bill in No. 106 originally raised other questions, but the widow is the only appellant, and what we have stated is the single matter here. The supreme court decided against the appellant on the merits in 106, the principal case. (18 Hawaii, 34.) The bill in 107 was filed after the decree in 106, on the motion that the decree did not fix the time when the widow's income from realty began. The supreme court regarded the matter as res judicata, but discussed the merits again, and then affirmed a decree dismissing the bill. (18 Hawaii, 342.) Supreme Court of the United States. MONSERRATE GARCIA MAYTIN V. VELA. BEATRIZ DE LOS ANGELES, WIDOW OF ALOS, V. MONSERRATE AND DOMINGA GARCIA MAYTIN. Appeals fronr the Supreme Court of Porto Rico. (216 U. S., 598.) Nos. 90, 245. Argued March 8, 9, 1910. Decided March 21, 1910. SYLLABUS. In the absence of summons and severance all defendants against whom a decree in an equity suit is entered must join in the appeal. (Hardee v. Wilson, 146 U. S., 179.) In a suit coming from a Territory this court is not inclined to overthrow the assumptions of the trial court in regard to matters controlled by the local law; and so held in affirming a judgment in a case coming from Porto Rico involving questions of inheritance and prescription. Quare, as to the effect of article 811 of the civil code of Porto Rico, requiring an ascendant inheriting property under certain conditions to reserve the property in favor of relatives belonging to the line from which the property originally came, as to property inherited before the adoption of the article by one dying after its adoption still possessed of the property. Opinion by Holmes, J. No dissenting opinion. No. 90. Judgmepnt affirmed. No. 245. Appeal dismissed. SUPREME COURT DECISIONS. 659 These are cross appeals in a proceeding brought by Monserrate and Dominga Garcia, two sisters of Manuel Garcia Maytin, and by another plaintiff now dropped out, to establish their rights in property descended from the said Manuel Garcia. The claim is founded upon article 811 of the former civil code, of which the following is the War Department translation: The ascendant who inherits property from his descendant, acquired by the latter for a good consideration from another descendant (ascendant) or from a brother or sister, is obliged to reserve the property he may have acquired by force of law in favor of the relatives within the third degree belonging to the line from which such property originated. Supreme Court of the United States. WILL V. TORNABELLS. Appeal from the District Court of the United States for Porto Rico. (217 U. S., 47.) No. 63. Submitted December 10, 1909.-Decided March 14, 1910. SYLLABUS. Findings of the lower court will not, where another construction is possible, be so construed as to cause them to be silent on an issue so controlling that the cause could not have been decided on the merits without a finding thereon. Where findings are so irresponsive to the case made by the pleadings and the facts as to be no findings at all this court must affirm on account of absence of any findings to review. (Gray v. Smith, 108 U. S., 12.) A finding that the evidence does not entitle the plaintiff to a decree that the conveyance attacked was made to hinder and delay creditors construed in this case to mean that there had been a failure of proof and that the judgment did not rest on a conclusion of law that the local law did not afford a remedy if the plaintiff had proved his case. Under the law of Porto Rico contracts made by an insolvent debtor which are not fraudulent simulations are not susceptible of rescission merely because they operate to prefer a creditor. While the privilege of communication may not extend to the concealment of crime, where an attorney testifies that the vendor disclosed to him a plan to make fraudulent conveyances to hinder and delay creditors, but the court finds that the conveyances as made were not under the local law illegal, the testimony is properly excluded, as there is no sufficient foundation to relieve the witness from the professional obligation of secrecy. The statements made by the widow of the vendor whose conveyances were attached to the effect that such conveyances were fraudulent were properly excluded in this case by the lower court. Opinion by White, J. No dissenting opinion. Decree affirmed. This appeal was taken to secure the reversal of a decree of the court below dismissing the bill of complaint. For many years the firm of J. Tornabells & Co., composed of Joaquin Tornabells and Carlos Doitteau, was established in Porto Rico and there carried on a mercantile business. The firm was the owner of various trading establishments and warehouses, and was besides the owner of considerable real estate, embraced in which were extensive coffee plantations which the firm carried on, including the buildings, machinery, and appurtenances incident thereto. It is not 660 LAWS RELATING TO INSULAR AND MILITARY i'FAIRS. disputed that, presumably as the result of losses occasioned by a disastrous hurricance which devastated the island of Porto Rico, the firm, prior to 1900, had become temporarily embarrassed, and under provisions of the local law had obtained in a local court an extension of time for the payment of its debts. On May 9, 1900, Tornabells & Co., by deed before a notary public, conveyed to Luis Aran y Lanci the following property, as stated by the court below: Its place of business and other town property, its stock of merchandise, and 26 several pieces of real estate, most of them being coffee plantations and their appurtenances. The stated price was 197,700 pesos, provincial money, 30,000 declared to have been paid in cash and the remainder to be paid in 10 installments of 16,700 pesos, bearing no interest, maturing respectively from 1 to 10 years. A few days thereafter, on May 11, 1900, Aran y Lanci mortgaged for 150,000 pesos 19 of the 26 pieces of real estate thus conveyed to him. This mortgage was in favor of one Baudelio Duran y Can and a firm styled Duran & Coll. The.portgage in favor of the first was for 130,000 pesos, divided into 10 annual installments of 13,000 pesos each, evidenced by notes to the order of the mortgagee, maturing in each of the 10 years, the whole being secured on 14 of the 26 pieces of real estate. The mortgage in favor of Duran & Coll was on five of the pieces of real estate acquired as aforesaid, and secured 20,000 pesos, divided into five installments of 4,000 pesos each, maturing in each of five years. These mortgages were not indivisible, as the amount of each was apportioned among the various pieces of real estate, so that each piece was liable only. for the sum secured on it. The sale to Aran y Lanci was recorded on May 21, and the mortgages just stated on May 24, 1900. On June 25, 1900, the mortgage for 20,000 pesos, which had been executed in its favor by Aran y Lanci, was assigned by the firm of Duran & Coll to Raimundo Valdecillo to secure an indebtedness due him by the firm of 6,000 pesos provincial money, and this assignment was duly registered on July 5, 1900. Sixteen months after the conveyance to Aran y Lanci-that is, on September 16, 1901-the firm of Tornabells & Co. acknowledged by notarial act that Aran y Lanci had by anticipation fully paid the deferred purchase price (167,700 pesos). Nine months after such acknowledgment Aran y Lanci mortgaged in favor of the Banco de Solleir to secure 32,780 pesetas, Spanish money, one of the pieces of property previously mortgaged to Duran y Cat. On July 5, 1902, this mortgage was put upon record. A few days after it was so put upon record, viz., on June 23, 1902, the suit was commenced. This was a creditor's bill filed June 23, 1902, and permitted to remain on the docket of the court for five years without any apparent proper or sufficient cause for the unwarranted delay and with infinite inconvenience to many parties connected with the subject matter of the controversy. The first two years and a half of the time seem to have been taken up with a battle over the proceedings, trying to get the answers of the several respondents settled, and during which time complainants' exceptions to several of the answers were referred to a master, arguments had before him, his report filed, exceptions to the same presented, arguments had on the latter, and briefs submitted in support thereof, and so on, in an interminable and fruitless SUPREME COURT DECISIONS. 661 contest of petitions, motions, exceptions, pleas, demurrers, orders, affidavits, and rules to show cause, without result or real merit as we see it. The next year and a half seem to have been taken up somewhat in the same way and also partly in an application for a receivership and in opposing efforts to the same, and in efforts to prevent outside parties from foreclosing several mortgages they had on some of the premises involved, that they had secured in the meantime, in enjoining them from so proceeding and in issuing rules as for contempts against them for their action in that behalf, etc. It came at last to pass in the spring of 1907 that the cause was heard and taken under advisement. It was disposed of in the summer of that year by the entry of a final decree dismissing the bill and was followed nearly six months thereafter, on December 19, 1907, by the making of formal findings of fact and conclusions of law applicable thereto. Supreme Court of the United States. TODD V. ROMEU. Appealfrom the District Court of the United States for Porto Rico. (217 U. S., 150.) No. 408. Submitted January 10, 1910. Decided April 4, 1910. SYLLABUS. In Porto Rico a cautionary notice must be filed in accordance with the local law in order to render an innocent third party liable to dismembership of ownership by reason of purchase during pendency of a suit to set aside a simulated sale. (Romeu v. Todd, 206 U. S., 358.) The right to file a cautionary notice in Porto Rico under the existing-mortgage law is not absolute in all cases; in certain classes of cases the right but depends on an express permissive order of the court, and one having knowledge of a suit to dismember title of his grantor in which such order is not a matter of right and no such order is applied for or granted, is not bound because he had general knowledge of the pendency of the suit. Quaere, whether one buying property in Porto Rico with actual knowledge of pendency of a suit to dismember title for fraud in which the law gives an absolute right to a cautionary notice without the prerequisite of judicial permission would be liable for the ultimate result of the suit even if no cautionary notice were registered. Opinion by White, J. No dissenting opinion. Affirmed. Todd, a judgment creditor of Pedro and Juan Agostini, sued Anna Merle to subject property registered in her name to the payment of the judgment, on the ground that she was a mere interposed person, resulting from simulated conveyances to her, made by the Agostini's. To enforce a decree in his favor Todd advertised the property for sale. Romeu, alleging himself to be an innocent third person, who had bought the property pending the suit, filed a bill to enjoin. A demurrer on behalf of Todd having been sustained, and a final decree entered against Romeu, he brought the cause to this court. The judgment was reversed and the case remanded. (Romeu v. Todd, 206 U. S., 358.) 662 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In virtue of leave given him by the court below, Todd answered, and alleged that Romeu was not an innocent third person, because he had bought with notice of the pendency of the suit. A demurrer on the ground that this answer stated no defense was sustained, and a final decree was rendered enjoining Todd from proceeding against the property. This appeal is prosecuted by Todd, and the question for decision is: What is the law of Porto Rico as to the effect of bringing home to an intending purchaser of real estate knowledge or notice of a defect in the title to, or of a lien upon, such real estate in favor of some person other than the vendor, where such knowledge or notice is not required (acquired?) from the registry of property, such defect or lien not being recorded? " Supreme Court of the United States. WYNNE v. UNITED STATES. Error to the District Court of the United States for the Territory of Hawaii. (217 U. S., 234.) No. 449. Argued February 28, March 1, 1910. Decided April 4, 1910. SYLLABUS. The words "out of the jurisdiction of any particular State," as used in section 5339, Revised Statutes, refer to the States of the Union and not to any separate particular community; and one committing the crimes referred to in that section in the harbor of Honolulu, in the Territory of Hawaii, is within the jurisdiction of the district court of the United States for that Territory. (United States v. Bevans, 3 Wheat., 337, and Talbot v. Silver Bow County, 139 U. S., 438, distinguished.) While by section 5 of the organic act of the Territory of Hawaii, of April 30, 1890 (c. 339, 31 Stat., 141), the Constitution of the United States and laws not locally inapplicable were extended to Hawaii, and by section 6 of that act laws of Hawaii not repealed and not inconsistent with such Constitution and laws were left in force, nothing in the act operated to leave intact the jurisdiction of the Territorial courts over crimes committed in the harbors of Hawaiian ports exclusively, cognizable by the courts of the United States under section 5339, Revised Statutes. A copy of the original certificate of enrollment of a vessel certified under seal by the deputy collector of customs of the port where issued which is in form as required by section 4155, Revised Statutes, held to be sufficient under the conditions of identification of the signature and seal and section 882, Revised Statutes, to prove the national character of the vessel upon which the crime was committed by one indicted and tried under section 5339, Revised Statutes. Opinion by Lurton, J. No dissenting opinion. There was no error, and the judgment is affirmed. The plaintiff in error, John Wynne, has sued out this writ of error from a judgment and sentence of death for a murder committed on board the steamer Rosecrans, an American vessel, while lying in the harbor of Honolulu, in the Territory of Hawaii. The indictment upon which he was tried included four counts. In each it was charged that the murder had been done on board the said American vessel, lying in the harbor of Honolulu, in the district and Territory of Hawaii, and within the admiralty and maritime jurisdiction of the United States, "and out of the jurisdiction of any particular State of the said United States of America." In two of the counts the 91tTI'IEME COtXUT DECtSIO18. 66 663 locality is described as a certain "haven" of the Pacific Ocean, and in the others as a certain "arm" of the Pacific Ocean. The question to which the counsel for the plaintiff in error has chiefly invited the attention of the court is whether the indictment charges an offense within the jurisdiction of the District Court of the United States for the Territory of Hawaii. It was founded upon section 5339, Revised Statutes, and particularly the second paragraph. The section is set out below: SEC. 5339. Every person who commits murderFirst. Within any fort, arsenal, dockyard, magazine, or in any other place or district of country under the exclusive jurisdiction of the United States; Second. Or upon the high seas, or in any arm of the sea, or in any river, haven, creek, basin, or bay within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular State; Third. Or who, upon any such waters, maliciously strikes, stabs, wounds, poisons, or shoots at any other person, of which striking, stabbing, wounding, poisoning, or shooting such other person dies, either on land or at sea, within or without the United States, shall suffer death. Shortly stated, the contention is that the haven or arm of the Pacific Ocean which constitutes the harbor of Honolulu, although "within the admiralty and maritime jurisdiction of the United States," is a locality not "out of the jurisdiction of any particular State," because within the jurisdiction of the Territory of Hawaii. The basis for the contention is that the words, "out of the jurisdiction of any particular State," do not refer to the jurisdiction of a State of the United States, but are to be given the wider meaning of out of the jurisdiction of any separate political community, and that the Territory of Hawaii constitutes such a political organism. The crimes act of April 30, 1790 (ch. 9, vol. 1, Stat. L., p. 112), contained the same limiting words. Thus in the eighth section of that act jurisdiction was asserted over the crime of murder, as well as certain other crimes, when committed "upon the high seas, or in any river, haven, basin, or bay out of the jurisdiction of any particular State." The act was remodeled by the act of March 3, 1825 (ch. 65, sec. 4, p. 115, 4 Stat. L.). The further limitation of "within the admiralty and maritime jurisdiction of the United States" was added, but otherwise the jurisdiction remained the same. Without substantial change the provision of the last act was carried into the Revised Statutes as part of secv tion 5339. The Supreme Court took the opposite view, however, determining the question and several others raised by the plaintiff in error in favor of the Government. Supreme Court of the United States. WEEMS V. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (217 U. S., 349.) No. 20. Argued November 30, December 1, 1909. Decided May 2, 1910. SYLLABUS. A paramount governmental authority may make use of subordinate governmentalinstruments, without the creation of a distinct legal entity as is the case of the United States and the United States Government of the Philippine Islands. 664 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Under the Philippine criminal code of procedure a public offense need not necessarily be described in the information in exact words of the statute but only in ordinary and concise language, so as to enable a person of common understanding to understand the charge and the court to pronounce judgment. A charge describing the accused as a public official of the United States Government of the Philippine Islands and his offense as falsifying a public and official document in this case held sufficient. (Carrington v. United States, 208 U. S., 1, distinguished.) The provision in rule 35 that this court may at its option notice a plain error not assigned, is not a rigid rule controlled by precedent but confers a discretion exercisable at any time, regardless of what may have been done at other times; the court has less reluctance to disregard prior examples in criminal, than in civil, cases; and will act under the rule when rights constitutional in nature or secured under a bill of rights are asserted. Although not raised in the courts below, this court will, under rule 35, consider an assignment of error made for the first time in this court that a sentence is cruel and unusual within the meaning of the eighth amendment to the Constitution or of the similar provision in the Philippine bill of rights. In interpreting the eighth amendment it will be regarded as a precept of justice that punishment for crime should be graduated and proportioned to the offense. A provision of the Philippine bill of rights taken from the Constitution of the United States must have the same meaning, and so held that the provision prohibiting cruel and unusual punishments must be interpreted as the eighth amendment has been. What constitutes a cruel and unusual punishment prohibited by the eighth amendment has not been exactly defined and no case has heretofore occurred in this court calling for an exhaustive definition. While legislation, both statutory and constitutional, is enacted to remedy existing evils, its general language is not necessarily so confined and it may be capable of wider application than to the mischief giving it birth. The eighth amendment is progressive and does not prohibit merely the cruel and unusual punishments known in 1689 and 1787, but may acquire wider meaning as public opinion becomes enlightened by humane justice, and a similar provision in the Philippine bill of rights applies to long-continued imprisonment with accessories disproportionate to the offense. While the judiciary may not oppose its power to that of the legislature in defining crimes and their punishment as to expediency, it is the duty of the judiciary to determine whether the legislature has contravened a constitutional prohibition and in that respect and for that purpose the power of the judiciary is superior to that of the legislature. It is within the power of this court to declare a statute of the penal code defining a crime and fixing Its punishment void as violative of the provision in the Philippine bill of rights prohibiting cruel and unusual punishment. In determining whether a punishment is cruel and unusual as fixed by the Philippine Commission, this court will consider the punishment of the same or similar crimes in other parts of the United States, as exhibiting the difference between power unrestrained and that exercised under the spirit of constitutional limitations formed to establish justice. Where the statute unites all the penalties the court can not separate them even if separable, unless it is clear that the union was not made imperative by the legislature; and in this case held that the penalties of cadena temporal, principal and accessories, under article 56 of the penal code of the Philippine Islands are not independent of each other. Where the minimum sentence which the court might impose is cruel and unusual within the prohibition of a bill of rights, the fault is in the law and not in the sentence, and if there is no other law under which sentence can be imposed it is the duty of the court to declare the law void. Where sentence can not be imposed under any law except that declared unconstitutional or void the case can not be remanded for new sentence but the judgment must be reversed with directions to dismiss the proceedings. In this case the court declared section 56 of the penal code of the Philippine Islands, and a sentence pronounced thereunder, void as violating the provision in the Philippine bill of rights contained in section 5 of the act of July 1, 1902 (c. 1369, 32 Stat., 691), against the imposition of excessive fines and the infliction of cruel and -- unusual punishment, in so far as being prescribed for an offense by an officer of the Government of making false entries in public records as to payments of 616 pesos; the punishment being a fine of 4,000 pesos and cadena temporal of over 12 years with accessories, such accessories including the carrying of chains, depriva SUPREME COURT DECISIONS. 665 tion of civil rights during imprisonment and thereafter perpetual disqualification to enjoy political rights, hold office, etc., and subjection besides to surveillance. The history of the adoption of the eighth amendment to the Constitution of the United States and cases involving constitutional prohibitions against excessive fines and cruel and unusual punishment reviewed and discussed in the opinion of the court and the dissenting opinion. Opinion by McKenna, J. Dissenting, White, J. Concurring in dissent, Holmes, J. Even if the minimum penalty of cadena temporal had been imposed, it would have been repugnant to the bill of rights. In other words, the fault is in the law, and, as we are pointed to no other under which a sentence can be imposed, the judgment must be reversed, with directions to dismiss the proceedings. So ordered. The facts which involve the legality of paragraph 56 of the penal code of the Philippines, and a sentence thereunder, under the guarantees against cruel and unusual punishments of the bill of rights of the Philippine Islands as expressedin the act of July 1, 1902. This writ of error brings up for review the judgment of the Supreme Court of the Philippine Islands, affirming the conviction of plaintiff in error for falsifying a "public and official document." In the "complaint," by which the prosecution was begun, it was charged that the plaintiff in error, "a duly appointed, qualified, and acting disbursing officer of the bureau of coast guard and transportation of the United States Government of the Philippines," did, as such, "corruptly and with intent, then and there, to deceive and defraud the United States Government of the Philippine Islands, and its officials, falsify a public and official document, namely, a cashbook of the captain of the board of Manila, Philippine Islands, and the Bureau of coast guard and transportation of the United States Government of the Philippine Islands," kept by him as disbursingofficer of that bureau. The falsification, which is alleged with much particularity, was committed by entering as paid out, "as wages of employees of the Lighthouse Service of the United States Government of the Philippine Islands," at the Capul lighthouse of 208 pesos, and for like service at the Matabriga lighthouse of 408 pesos, Philippine currency. A demurrer was filed to the 'complaint,' which was overruled. He was convicted, and the following sentence was imposed upon him: To the penalty of 15 years of cadena, together with the accessories of section 56 of the penal code, and to pay a fine of 4,000 pesetas, but not to serve imprisonment as a subsidiary punishment in case of his insolvency, on account of the nature of the main penalty, and to pay the costs of this cause. The judgment and sentence were affirmed by the supreme court of the islands. It is conceded by plaintiff in error that some of the questions presented to the Supreme Court of the Philippine Islands can not be raised in this court, as the record does not contain the evidence. Indeed, plaintiff in error confines his discussion to one point raised in the court below and to three other questions, which, though not brought to the attention of the supreme court of the islands, and not included in the assignment of errors filed with the application for the writ of error are of such importance, it is said, that this court will con 666 LAWS tttATtNO TO IflSULAR ANP MILTAttV AI4At& sider them under the right reserved in rule 35, which provides, amohg other things, that the court, "at its option, may notice a plain error not assigned." The principal point thus relied upon by plaintiff in error was that the punishment imposed (15 years' imprisonment with cadena temporal) was cruel and unusual within the meaning of the eighth amendment to the Constitution, and that to that extent the judgment below should be reversed. The supreme court took notice of the error, and after considering the case at some length reversed the judgment, with directions to dismiss the proceedings. Supreme Court of the United States. SOUFFRONT, WIDow OF FLEURIAN, V. LA COMPAGNIE DES SUCRERIES DE PORTO RICO. Error to the District Court of the United States for Porto Rico. (217 U. S., 475.) No. 155. Argued April 15, 1910. Decided May 16, 1910. SYLLABUS. Where the vendors bring an action in their own name but to protect their vendees, such vendees, although having acquired title prior to the institution of the action, are privies thereto and may plead the judgment in such action as res judicata. In such a case the general rule that no one whose interest was acquired prior to the institution of the action is privy to the judgment rendered therein does not apply. Under Spanish law it was competent for vendors after parting with title to conduct a litigation in their own names for the benefit of their vendees, and therefore a judgment in such a case inures to the benefit of the vendees as between them and the defendants against whom it was rendered and their respective privies. One who prosecutes or defends a suit in the name of another to establish and protect his own rights or who assists in the prosecution or defense of an action in aid of some interest of his own, and who does this openly to the knowledge of the opposing party, is as much bound by the judgment and as fully entitled to avail himself of it as an estoppel against an adverse party as he would be if he had been a party to the record. (Lovejoy v. Murray, 3 Wall., 1.) Assertions that parties are not privies to a judgment and can not plead it as res judicata and that a judgment can be collaterally attacked as rendered against one insane at the time, raise questions of law, and where, as in this case, such questions are to be determined on the facts appearing in such judgments and in the pleadings the court does not usurp the functions of the jury by determining that the con-' tentions raised by such assertions are without merit. Opinion by White, J. No dissenting opinion. Judgment affirmed. In July, 1906, plaintiffs in error commenced this action in the District Court of the United States for the District of Porto Rico to recover from the defendants in error the possession of certain described real estate and damages from April 12, 1904, for unlawfully withholding possession thereof. The right to the relief sought was based upon the averment that one Clemente de Fleurian, at his death, on February 24, 1892, was seized in fee and entitled to the possession of the premises, and, that he died intestate, leaving the plaintiffs, his widow and two children, "as his legal succession." A demurrer to SUPREME COURT DECISIONS. 667 the complaint was overruled, except as to the necessity of furnishing certain information in regard to rents and profits, which was afterwards done through the medium of a bill of particulars. The defendants filed a joint answer. In addition to a general denial, they pleaded title by adverse possession of 20 years, and that plaintiffs' right to recover was barred by reason of certain judgments obtained by the predecessors in title of defendants in actions prosecuted by them in the courts of France and in the courts of Porto Rico during the Spanish r6gime, and by reason of a judgment of dismissal entered in favor of predecessors in title of defendants and against the plaintiffs, in a suit in equity brought by the latter in the trial court below in the year 1904 to quiet the title to the premises in controversy. A motion was filed to strike out portions of the answer as alleging mere evidentiary matter, and a demurrer was also filed to the special defenses of res judicata. The motion and demurrer were overruled, the court filing an opinion in which it detailed the substance of the matters set up in the answer, and in effect held that the decrees or judgments of the French and Porto Rican courts prior to the cession from Spain were res judicata as to the claims of the plaintiffs, unless their rights had subsequently arisen. After setting forth its reasons for such conclusion the court called upon the plaintiffs "to file a replication within ten days or such longer period as they may, if at all, be entitled to, setting up the fact whether or not the answer is true in so far as it sets out the source of plaintiffs' title and describes or recites these proceedings in other courts regarding this property." This requirement was followed by the statement that "If it shall transpire that the answer has set up the real facts in the case then, on the application of defendants, the action will be immediately dismissed at the cost of the plaintiffs." Thereafter a replication was filed on the part of the plaintiffs. Thereupon the following entry of dismissal was made: Now come the plaintiffs by their attorneys, Boerman & Llorens, and file a replication to the answer in this cause, and upon consideration thereof it appears to come within the rule laid down in the court's opinion on the demurrer to the answer of the defendants filed July 1. Now, upon application by Hartzell & Rodrigues, the attorneys of said defendants, the cause is dismissed at the cost of the plaintiffs, to be taxed, by the clerk, for which execution may issue. Plaintiffs except to the dismissal hereof. From this judgment of dismissal the appeal now before us was taken. In addition to assigning as error the overruling of the demurrers to the respective defenses of res judicata, it is set up that "The court erred in rendering judgment against the plaintiffs in said cause upon the pleadings in said cause, and that said judgment is contrary to the law and facts as stated in the pleadings in said court." As upon the overruling of the demurrer the court in substance made it a condition for granting leave to reply to the answer that such reply should disclose that the answer had not set up the real facts in the case, which condition was manifestly not complied with in the replication, we shall review the action of the court upon the hypothesis that the order overruling the demurrer had also absolutely decreed a dismissal of the complaint. On this assumption we proceed to examine the defense setting up as res judicata the judgments of the Porto Rican courts rendered during the Spanish r6gime to determine whether the court properly held that they barred recovery. 668 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. JAVIERRE V. CENTRAL ALTAGRACIA. Appeal from the District Court of the United States for Porto Rico. (217 U. S., 502.) No. 171. Argued April 26, 1910. Decided May 16, 1910. SYLLABUS. Where a proviso carves an exception, dependent on a condition subsequent, out of the body of a statute or contract, the party setting up the exception must prove, and has the burden, that the condition subsequent has actually come to pass. A contract for delivery for a term of years, of sugar, terminable meanwhile only in case a specified new central was built, could not, in this case, be terminated unless the particular central contemplated was built; it was not enough that a central called by the same name had been built. Damages in a suit at law for failure to comply with the terms of a contract for delivery of crops is an adequate remedy and specific performance and an injunction against delivery to others should have been refused in this case. Opinion by Holmes, J. No dissenting opinion. Decree reversed. This is an appeal from a decree enjoining the appellants from delivering sugar cane grown in the haciendas Florentina and Estero to the central Eureka for the term of five crops, beginning with the crop of the year 1906-7, or so long within that term as the appellee is ready to grind and pay for the same; and also from "selling, donating, renting, or mortgaging said haciendas" without stipulating for the carrying out of a contract made with the appellee. The contact referred to bound the appellants to have the cane grown on the two haciendas ground at the sugar factory of the appellee for the term just stated, at a certain price, with mutual agreements not necessary to set forth, but, so far as appears, fair and made upon equal terms. It was subject to a proviso, however, that if on January 15, 1908, the projected Eureka Central should have been erected or should be in course of construction, the appellants might cancel the contract, giving notice on October 1 1907. The notice was given, but the appellee contended that the Eureka Central referred to was abandoned and that the central relied upon as the ground for the notice was one got up by the appellants and named Eureka with a view to getting out of their contract with the appellee. Supreme Court of the United States. HOLMGREN v. UNITED STATES. Certiorari to the court of appeals for the ninth circuit. (217 U. S., 509.) No. 132. Argued March 9, 1910. Decided May 16, 1910. SYLLABUS. The validity, under Article I, section 8, clause 4, of the Constitution, of the acts of Congress regulating naturalization of aliens and authorizing naturalization proceedings in State as well as Federal courts, has never been questioned. SUPBEME COURT DECISIONS. 669 Although Congress may not create courts for the States, it may authorize a State court to enforce in a prescribed manner a Federal statute relating to a matter within Federal control, and may punish the offense of perjury if committed in such a proceeding in a State court, as well as in a Federal court. One falsely swearing in a naturalization proceeding, whether in a State or in a Federal court, is punishable under section 5395, Revised Statutes. The Revised Statutes were compiled under authority of the act of Congress of June 27, 1866 (c. 140, 14 Stat., 75), the purpose of which was revision and codification and not the creation of a new system of laws; and the courts will not infer, in the absence of clearly expressed intent, that Congress in adopting the Revised Statutes intended to change the policy of the laws (United States v. Rider, 110 U. S., 729); and so held that sections 5395 and 5429, adopted from the act of July 14, 1870 (c. 254, 16 Stat., 254), in regard to naturalization, should be construed so as to continue to include the penalties for perjury in all naturalization proceedings notwithstanding that, owing to rearrangement, section 5395 was not one of the five preceding sections to section 5429, as was its corresponding section in the act of 1870 to the corresponding section in that act from which section 5429 was taken. An objection to the jury taking an indictment with indorsement of prior conviction thereon into the jury room should be taken at the trial. If not taken until the motion for new trial, it can not be reviewed on error. Although this court may, under rule 35, notice a plain error not assigned, it will not exercise the authority if the error did not prejudice plaintiff in error; and so held in this case in regardto the objection that the jury had taken into the jury room an indictment with indorsement thereon of former conviction, it also having the indorsement thereon of the granting of a new trial. An objection that a count in the indictment does not charge a crime because the wrong name was written in at one point by mistake must be taken in the demurrer or on the trial; unless it substantially affected the rights of the accused it comes too late in this court for the first time. While the court should caution the jury against relying on uncorroborated testimony of an accomplice, it can not assume as a fact, when controverted, that a witness was an accomplice and that his testimony required corroboration. 156 Fed. Rep., 439, affirmed. Opinion by Day, J. No dissenting opinion. Judgment affirmed. The petitioner, Gustav Holmgren, was convicted and sentenced in the District Court of the United States for the Northern District of California of the crime of false swearing in naturalization, in violation of section 5395 of the Revised Statutes of the United States. The judgment was affirmed by the Circuit Court of Appeals. (156 Fed. Rep., 439.) The conviction was upon the third count of the indictment, which charged that in a naturalization proceeding, upon the application of one Frank Werta for admission to citizenship in the United States, pending September 21, 1903, in the superior court of the city and county of San Francisco, Cal., a court of record of the State of California, with common-law jurisdiction, a seal, and a clerk, the petitioner swore falsely in making the material statement, under oath, that he, the said Gustav Holmgren, had been acquainted with the said Frank Werta in the United States during the five years immediately preceding the application for naturalization, whereas in truth and in fact, as he then well knew, the said Werta had not resided continuously in the United States for a period of five years, and the said Holmgren had not known the said Werta for more than four years prior to said application. The principal question in the case is whether, under section 5395, United States Revised Statutes, a conviction can be had in a Federal court for a false oath in naturalization proceedings had in a State court. 670 LAWS BELATING TJ INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. FREEMAN V. UNITED STATES. Erroi to the Supreme Court of the Philippine Islands. (217 U. S., 539.) No. 156. Submitted April 11, 1910. Decided May 16, 1910. SYLLABUS. Provisions carried into the Philippine bill of rights by the statute of July 1, 1902 (c. 1369, 32 Stat., 691), such as "that no person shall be imprisoned for debt," are to be interpreted and enforced according to their well-known meaning at the time. (Kepner v. United States, 195 U. S., 100.) Statutes relieving from imprisonment for debt, as generally interpreted, relate to commitment of debtors for liability on contracts, and not to enforcement of penal statutes providing for payment of money as a penalty for commission of an offense and the provision against imprisonment for debt in the Philippine bill of rights as contained in section 5 of the act of July 1, 1902 (c. 1369, 32 Stat., 691). The fact that a money penalty imposed for embezzlement goes to the creditor and not into the public treasury does not make imprisonment for nonpayment of the penalty imprisonment for debt; and so held as to section 5, article 535, of the penal code of the Philippine Islands. Where the statute provides a penalty for embezzlement to the amount proved to go to the creditor, and a subsidiary sentence of imprisonment in case of nonpayment, the court may, without violating fundamental principles of justice, find the amount wrongfully converted for the purpose of fixing sentence in the criminal action, leaving the creditor his remedy in a civil action for any excess due him over the amount of the sentence; and so held as to a conviction for embezzlement under article 535 of the penal code of the Philippine Islands. Opinion by Day, J. No dissenting opinion. We find no error in the judgment of the court below, and the same is affirmed. This was a writ of error to the Supreme Court of the Philippine Islands, seeking to reverse a judgment of that court affirming a conviction of the plaintiff in error of the crime of estafa (embezzlement) growing out of the alleged misappropriation of some 3,500 pesos received by him as manager of the steamship department of Castle Bros., Wolf & Sons. Supreme Court of the United States. WENAR V. JONES, BISHOP OF PORTO RicO. Appealfrom the Supreme Court of Porto Rico. (217 U. S., 593.) No. 143. Submitted April 8, 1910. Decided April 25, 1910. SYLLABUS. In this case the decision appealed from, being merely an order to dismiss and not a determination on the merits, is not reviewable here, and the appeal is dismissed for want of jurisdiction. SUPREME COURT DECISIONS. 671 Supreme Court of the United States. ONG CHANG WING V. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (218 U. S., 272.) No. 418. Argued October 21, 1910. Decided November 7, 1910. SYLLABUS. As applied to criminal procedure, if the accused has been heard in a court of competent jurisdiction and proceeded against under the orderly processes of law, and only punished after inquiry and investigation on notice with opportunity to be heard, and judgment awarded within the authority of a constitutional law, he has not been denied due process of law. The lawmaking power in the Philippine Islands has power to preserve by statutory enactment the right to prosecute and punish offenses committed prior to the repeal of an act defining and punishing the offense; and a decision of the Supreme Court of the Philippine Islands holding that one who committed the offense before the repeal of the act can be punished after the repeal, does not amount to a deniaf of due process of law within the meaning of the due process clause of the act of July 1, 1902. Opinion by Day, J. No dissenting opinion. Judgment affirmed. The plaintiffs in error bring this case here for review by writ of error to the Supreme Court of the Philippine Islands, upon the ground that the effect of the judgment of that court has been to deprive them of due process of law in violation of section 5 of the act of Congress of July 1, 1902 (c. 1369, 32 Stat., 691, 692), enacting the due process clause of the Federal Constitution as a part of the statute for the government of those islands. No other question is presented in the record which we can review. The plaintiffs in error were tried, convicted, and sentenced on October 4, 1907, in the court of first instance, for violation of article 343 of the Philippine Penal Code, which makes it an offense to conduct a gambling house or to be a banker therein. Plaintiffs in error were sentenced i the court of first instance to two months and one day of arresto mayor, with the accessories of article 61, and to pay a fine of 625 pesetas, and in default thereof to suffer subsidiary imprisonment, not to exceed one-third of the principal penalty, and costs. Upon appeal to the Supreme Court of the Philippine Islands that court held that the guilt of the appellants was fully established, and affirmed the judgment of the court of first instance. In the supreme court the plaintiffs in error made the objection, which is the foundation of the proceedings here, that they were convicted under the provisions of article 343 of the Philippine Code for an offense committed on the 15th of September, 1907; that thereafter the Philippine Commission, on October 9, 1907, by an act No. 1757, repealed, among others, article 343 of the Philippine Penal Code, and that consequently the court had no authority to impose upon the appellants the penalty prescribed in the repealed article of the code. The Supreme Court of the islands denied this contention upon the authority of another decision in the same court. (United States v. El Chino Cuna, 12 Philippine Rep., 241.) A reference to the Cuna case shows that the 28872~ —S. Doc. 306, 62-2 ---45 612 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the Philippines, construing the articles of the local penal code, and applying what was deemed the applicable Spanish law, held that whether an act was punishable after the repeal of the act under which it was undertaken to be inflicted, depended upon whether or not at the time of the commission of the act there was a law in force which penalized it. The court reserved the question whether the punishment provided in the repealing act could alone be inflicted if such penalty is more favorable to the accused than that prescribed in the former act, because of the provisions of article 22 of the code, which provides that penal laws shall have a retroactive effect in so far as they favor persons convicted of a crime or misdemeanor. It appears that the new act, No. 1757, which took the place of the repealed act, article No. 343 of the Philippine Penal Code, did not undertake to wipe out the offense of gambling, or keeping a gambling house in the Philippine Islands, but substantially reenacted the former law with more elaboration and detail in its provisions than were contained in the former law. Supreme Court of the United States. LING Su FAN v. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (218 U. S., 302.) No. 20. Argued October 27, 1910. Decided November 14, 1910. SYLLABUS. On writ of error the errors considered must be only those of law, and this court can not consider sufficiency of evidence to convict if it is conceded that there was any evidence at all. Sections 1 and 2 of law No. 1411 of the Philippine Commission, prohibiting exportation of Philippine silver coin from the Philippine Islands, is not void as depriving the owner of such coin of his property therein without due process of law within the meaning of the due-process provision of the organic act of 1902. Congress, by the act of March 2, 1903 (c. 980, 32 Stat., 952), authorized the government of the Philippine Islands to adopt such measures as it deemed proper and not inconsistent with the organic act to maintain parity of gold and silver coinage. In determining whether a law of the Philippine Commission is invalid as inconsistent with the organic act, this court puts aside all questions of the wisdom of the law, even if enacted in the face of axioms of commerce, and considers only whether power exists to enact under, and whether the enactment is inconsistent with, the organic act. The power to coin money and regulate its value is a prerogative of sovereignty exclusively vested in the Congress of the United States, from which is derived the power of the government of the Philippine Islands in respect to local coinage. The quality of legal tender of coin is an attribute of law aside from its bullion value and renders such coin as the Government has made legal tender subject to such reasonable regulations by the police power as public policy may require, including prohibition against exportation, and the exercise of such power does not deprive the owner of his property without due process of law even if the bullion value in a foreign country exceeds the legal-tender value in the country of coinage. Where power is given by Congress to the Philippine Commission to prohibit an act, the power includes making violation of the prohibition a misdemeanor. Opinion by Lurton, J. No dissenting opinion. Judgment affirmed. SUPREME COURT DECISIONS. 673 The facts in the case involve the validity of the Philippine law prohibiting the exportation from the Philippine Islands of silver coin. The plaintiff in error was convicted of the offense of "exporting from the Philippine Islands Philippine silver coin" in violation of Philippine law No. 1411, being sections 1998 and 1999, Compiled Acts of the Philippine Commission, title 3, chapter 194. Supreme Court of the United States. ROURA V. GOVERNMENT OF THE PHILIPPINE ISLANDS. Error to the Supreme Court of the Philippine Islands. (218 U. S., 386.) No. 35. Argued November 3, 1910. Decided November 28, 1910. SYLLABUS. Jurisdiction as to amount in controversy sustained on the facts disclosed in affidavits filed in this court, there being none filed in rebuttal. The decree of the Supreme Court of the Philippine Islands denying a petition for registration of title to land on the ground that the petitioner had no legal title thereto under Spanish law sustained. Issue in the courts below having been confined solely to the legality of deeds on which the petitioner sought to register and which those courts held to have been fraudulently obtained and illegal, the title could not be registered on claim of quiet possession subsequent to the obtaining of those deeds and in regard to which there was no proof in the record. 8 Philippine Reports, 214, affirmed. Opinion by White, J. No dissenting opinion. Judgment affirmed. The facts in this case involve the right of a claimant to land in the Philippine Islands to register the title thereto. Maria and Juana Roura petitioned the Court of Land Registration to register their alleged title as undivided equal owners of a piece of real estste situate in the pueblo of San Migual de Mayumo, Province of Bulacan. See, for the general functions of the Court of Land Registration, Carino v. Insular Government (212 U. S., 449); Reavis v. Fianza (215 U. S., 16). This writ of error is prosecuted to a judgment of the Supreme Court affirming the trial court in refusing, on the opposition of the insular government, the prayer for registration. The right to prosecute the writ is challenged on the ground that the amount involved is not sufficient to confer jurisdiction, and because there are no questions arising adequate alone to give jurisdiction. Without going into detail, we say, in view of the affidavits filed in this court concerning the value of the property, after allowing for the elements of speculation possibly entering into the amount fixed in the affidavits, we think, in the absence of affidavits in rebut tal, a sufficient showing has been made to give jurisdiction. We therefore overrule the motion to dismiss and proceed to the merits. 674 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS Supreme Court of the United States. CHANTANGCO v. ABAROA. Error to the Supreme Court of the Philippine Islands. (218 U. S., 476.) No. 2. Submitted October 24, 1910. Decided November 28, 1910. SYLLABUS. The geleral rule of the common law is that a judgment in a criminal proceeding can not be read in evidence in a civil action to establish any fact there determined. The parties are not the same, and different rules of evidence are applicable. Identity of parties will not always operate to make a judgment in a criminal action admissible in a civil action; there must be identity of issue, Stone v. United States (167 U. S., 178), although as held in Coffey v. United States (116 U. S. 436), when the facts are ascertained in a criminal case as between the United States and the defendant they can not be again litigated as between him and the United States as the basis of any statutory punishment denounced as a consequence of the existence of the facts. In a case coming from the Philippine Islands, however, this court will not apply the common-law rule as to effect to be given in a subsequent civil case to a judgment in a criminal case, but will consider only whether the local law of the Philippine Islands has been rightly applied. The local law in the Philippine Islands, which is still in force, not having been suspended by legislation, is that indemnity for damages in penal cases is a consequence of the commission of the crime, and a verdict of acquittal carries with it exemption from civil liability. This rule applies even against one who in the criminal action attempted to reserve his rights to bring a civil action. Opinion by Lurton, J. No dissenting opinion. Judgment affirmed. The facts involve the right of recovery in the Philippine Islands of damages caused by alleged criminal acts of defendant in a civil action after the defendant's acquittal in a criminal action. This is a writ of error to the Supreme Court of the Philippine Islands to review a judgment affirming a judgment of the court of the first instance in favor of. the defendant. The action was to recover indemnification of damages for the destruction of a storehouse and a stock of merchandise therein, valued at $58,473.49 Mexican, which the complaint alleged was "burned maliciously or unlaTwfully by Eduardo Abaroa," the defendant to the complaint, and defendant in error here. The defense was, first, a general denial, and second, that the defendant, in a criminal action for the same burning and damage alleged, had been acquitted and held not guilty of the malicious burning now alleged, and in consequence of such judgment was not liable in a civil action for any damage to the plaintiff. Upon a final hearing upon all of the proofs the court of first instance adjudged that the cause of action alleged and proved was one arising from the criminal act which was the subject of the former criminal proceeding; and that the defendant having been acquitted in the criminal action was not civilly liable. This judgment was a'iirmed by the Supreme Court of the Philippine Islands upon an elaborate opinion. BOPREME COURT DECISIONS. 675 The Supreme Court of the United States. THE ATLANTIC GULF AND PACIFIC COMPANY V. GOVERNMENT OF THE PHILIPPINE ISLANDS. Appeal from and error to the Supreme Court of the Philippine Islands. (219 U. S., 17.) No. 64. Argued December 6, 1910. Decided December 19, 1910. SYLLABUS. A Government contract for building a bulkhead in Manila provided that the contractor would be responsible for damages arising from wave action or pressure of the revetment against the timber structure, but that the Government would be responsible for break caused by pressure of the mud fill. There was a break, owing to pressure of the mud fill, and before it could be repaired there was a further damage caused by a typhoon, but which would not have happened had the original break not existed. Held, as held by the courts below, that the contractor must bear the loss caused by the typhoon. Opinion by Holmes, J. No dissenting opinion. Judgment affirmed. The facts involve the construction of a contract for a public work with the Government of the Philippine Islands. This is an action upon a contract for an extension to the Luneta of the city of Manila. Both courts below decided for the Government, the defendant, upon demurrer to the complaint. Abridged, the allegations are these: A contract for the work was made on July 24, 1905. On May 1, 1906, about 200 feet of bulkhead and rock revetment were displaced by pressure from the inside fill and moved about 20 feet into the Bay of Manila, so that a large quantity of the fill that had been pumped behind the bulkhead escaped into the bay. On May 18, before the break could be repaired, a severe typhoon occurred, and the bulkhead and rock revetment, being without the support of the inside fill, were destroyed for about 1,800 feet by the pressure of the rock revetment and the wind and waves from the outside, and a large additional quantity of the inside fill escaped. The question is which party must bear the last-mentioned loss. If the first break had not happened no damage could have been done by the typhoon. The plaintiff sets forth the cost of repairing the damages of May 18 and seeks to recover it in this suit. The Supreme Court of the United States. HERENCIA V. GUZMAN. Error to the District Court of the United States for Porto Rico. (219 U. S., 44.) No. 46. Submitted November 29, 1910. Decided December 19, 1910. SYLLABUS. It is not the province of this court on writ of error to reverse if dissatisfied with the verdict of the jury; it there was evidence proper for the consideration of the jury, objection that the verdict was against the weight of evidence or that excesive damages were allowed can not be considered. 676 LAWS RELATINO TO INSTLAR ANiD MtILIARY APFAIRS. An amendment to a bill of exceptions, after bond on appeal had been given and approved, so as to make the record conform to the fact as to the conditions under which certain testimony introduced by plaintiff in error on the trial was given, held, not error, as it was not unjustified or objected to, and the exception related simply to the inclusion of such testimony in the record. A judgment can not be set aside on an exception to the refusal of the trial court to alow an expert to testify where the record does not show what testimony the witness was expected to give or that he was qualified to give any. Opinion by Hughes, J. No dissenting opinion. We have examined the other rulings of which plaintiff in error complains, with respect to the striking out of certain testimony, and we find no error. Judgment affirmed. This action was brought in the District Court of the United States for Porto Rico to recover damages for personal injuries resulting from the fall of a portion of the building owned by the plaintiff in error, which it was alleged he had negligently allowed to remain in a dangerous condition. It was tried by a jury, who gave a verdict against plaintiff in error for the sum of $9,000. Judgment was entered accordingly, and the case comes here on writ of error. Supreme Court of the United States. WILLIAM W. BIERCE, LIMITED, V. WATERHOUSE. Error to the Supreme Court of the Territory of Hawaii. (219 U. S., 320.) No. 508. Argued December 12, 1910. Decided January 16, 1911. SYLLABUS. This court disapproves of the practice followed by an intermediate appellate court in this case of reversing a judgment on one of a number of assigned errors without passing on the others; it is likely to involve duplicate appeals. Increasing the ad damnumn of a suit in replevin to an amount within the penalty cf the bond by amendments to make the declaration conform to the evidence as to value is not, under the laws or practice of Hawaii, illegal, nor does it have the effect of discharging the sureties. The surety on a bond given in course of a judicial proceeding is represented in that proceeding by his principal, and becomes responsible to the amount of the penalty, for amendments allowed by the court that do not introduce new causes of action. A plaintiff suing in replevin is not estopped from showing that he mistakenly undervalued the property sought to be recovered; and one becoming surety for performance of a judgment of the court in a pending suit is bound by the judgment against his principal to the limit of his obligation. In the absence of fraud and collusion the question of value of property taken under replevin as found in the replevin suit can not be relitigated in a suit against the sureties on the redelivery bond. The effect of a petition for rehearing, if duly filed and entertained by the court, is to prevent the judgment from becoming final and reviewable until disposed of, and when disposed of, an appeal from the judgment is regulated by the statutes then in force, even if enacted after the original decision; and so held as to an appeal from the Supreme Court of Hawaii under the act of March 3, 1905. Litigants and their sureties are subject to the power of the sovereign to extend the right of review and appeal pending litigation and no fundamental rights are denied or contractual rights of the parties affected by the exercise of that power. A redelivery bond is executed subject to such possible changes in the procedure as do not affect the contract, and under the law of Hawaii, as amended'during the pendency of this litigation, the action against the sureties was properly brought. SUPREME COUBT IECISION&L ~7, In this case as the evidence of tender of delivery was not unequivocal, the question of whether the property was actually restored was foe the jury, and the charge being full and fair, there was no error. (18 Hawaii, 398, reversed.) Opinion by Lurton, J. No dissenting opinion. Reversed. The case must be remanded, with direction to set both judgments aside and affirm the judgment of the trial court in favor of the plaintiff, William W. Bierce, Limited. * * * * * * * This was an action for breach of the condition of a redelivery or return bond executed by the defendant to a certain replevin suit instituted in a circuit court for the Territory of Hawaii. The bond was in these words: "Circuit Court, Third Circuit, Territory of Hawaii. "$1.00 stamp. "WILLIAM W. BIERCE, LIMITED, A CORPORATION, PLAINTIFF, V. CLINTON J. HUTCHINS, TRUSTEE. REPLEVIN. " RETURN BOND. "Know all men by these presents that we, Clinton J. Hutchins, trustee, as principal, and Henry Waterhouse and Arthur B. Wood, as sureties, are held and firmly bound unto William Bierce Company, Limited, its successor or successors and assigns, in the sum of thirty thousand (30,000) dollars, for the payment of which, well and truly to be made, we bind ourselves, our successors herein and administrators, jointly and severally, firmly by these presents. "The condition of the foregoing obligation is as follows: "That whereas the said William W. Bie- ',,, Limited, has begun in the Circuit Court of the Third Circuit of t.i Territory of Hawaii a replevin suit against Clinton J. Hutchins, trustee, to recover from him certain property specifically set forth in the bill of complaint filed in said suit, and of the value of $15,000, as stated in the affidavit filed therein, and has requested that the said property be taken possession of by the high sheriff of the Territory of Hawaii, or his deputies, and turned over to said plaintiff; and whereas said defendant is desirous of having said property returned and has required the return thereof from said high sheriff and his deputies: "Now, therefore, if the said property and all thereof shall be well and truly delivered to said plaintiff, if such delivery be adjudged, and payment to said plaintiff be well and truly made of such sum as may for any cause be recovered against the defendant, then this obligation to be null and void; otherwise to be and remain in full force and effect. "In witness whereof we have hereunto set our hands and seals this 21st day of July, A. D. 1903. " (Signed) CLINTON J. HUTCHINS, Trustee. " (Signed) HENRY WATERHOUSE, Surety. " (Signed) ARTHUR B. WOOD, Surety. "The foregoing bond is approved as to its sufficiency of sureti,s.' "Dated July 21, 1903. " (Signed) A. M. BROWN, High Sheriff." 678 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The replevin suit referred to was instituted July 20, 1903, by a corporation styled William W. Bierce, Limited, against Clinton J. Hutchins, trustee, and was for the recovery of certain railway material which had been conditionally sold to the Kona Sugar Co., another corporation. The property of the latter company, including this material, was acquired at a receiver's sale by Hutchins, trustee, with notice that the title had been retained by the Bierce Co., and that the property had not been paid for. The plaintiff's affidavit (Rev. Laws, Hawaii, par. 2102) stated the value of the material, which it was sought to reclaim at $15,000, and a bond on double that sum was duly executed, with the usual conditions of such replevin bonds. The defendant Hutchins thereupon, in order to retain possession of the material claimed, executed a redelivery or return bond under paragraph 2112, Revised Laws, Hawaii, being the bond upon which the present action is based. The replevin suit resulted, on March 19, 1904, in a judgment for the plaintiff and against the defendant Hutchins, trustee, for the return of the property and damages for its detention, or, in default of return, that the defendants pay the value of the property, which was adjudged to be $22,000. That case, upon a bill of exceptions, was taken to the Supreme Court of Hawaii. Certain of the exceptions taken by the defendant Hutchins were sustained in a judgment rendered January 28, 1905, one of which was that the trial court had erred in not rendering judgment for the defendant non obstante veredicto. (See Bierce v. Hutchins, 16 Hawaii, 418.) A motion for a rehearing was disposed of in that court April 29, 1905. (See 16 Hawaii, 717.) On May 6, 1905, a judgment was entered reversing the judgment of the Circuit Court, and remanding the case, with direction to render a judgment for defendant non obstante veredicto. Thereupon an appeal to this court was allowed, where the judgment of the Hawaiian Supreme Court was reversed, for the reasons appearing in the opinion reported in 205 U. S., 340, and the case remanded to that court. Thereupon the Supreme Court of Hawaii held that the defendant Hutchins was then entitled to have a hearing upon other exceptions not passed upon at the first hearing. These were therefore heard and overruled. (18 Hawaii, 374.) An appeal from that judgment was taken to this court, and dismissed, as not from final judgment. (211 U. S., 429.) Pending the review proceedings above referred to, the plaintiff, upon cause shown, obtained a rule on the defendant Hutchins to give a new redelivery bond. Failing in this an execution issued to recover the property which the defendant had been directed to return and for the damage for detention and costs. These damages, amounting to $1,050, and the taxed costs were paid and may be dropped from consideration. The sheriff returned that he was unable to obtain possession of the materials for which the action had been instituted, and therefore returned the execution unsatisfied. Pending the review proceedings already stated this action was begun against the obligors and the executors of Henry Waterhouse, one of the sureties upon the return bond given by Hutchins as stated. Wood, the other surety, was sued, but was not found. Hutchins, for.reasons immaterial, was dropped out. Upon the issue joined there was a verdict and judgment against the executors of Waterhouse for $22,000, the value of the property which the obligor had failed to return as required by the judgment in the replevin suit, that being SUPRPEME COtURT tCcISIONS. 679 the value adjudged in that action, together with interest and costs of former actions not paid, the whole aggregating $28,156.74, for which there was judgment. A bill of exceptions was taken from this judgment to the Supreme Court of Hawaii, which court, passing over the great majority of exceptions without ruling, sustained one which assigned error in the overruling of the motion of the defendant below for judgment non obstante veredicto. The case having been remanded for judgment pursuant to the opinion and mandate, there was a judgment, notwithstanding the verdict for the defendant. This in turn was affirmed by the supreme court of the Territory, and the present writ is sued out to review that judgment. Supreme Court of the United States. MARTINEZ V. INTERNATIONAL BANKING CORPORATION. SAME V.. SAME. Appeals from the Supreme Court of the Philippine Islands. (220 U. S., 214.) Nos. 79, 80. Argued March 3, 6, 1911. Decided April 3, 1911. SYLLABUS. The value of the matter in dispute in this court is the test of jurisdiction. (Hilton v. Dickinson, 108 U. S., 165.) Where the only question is the amount of indebtedness, which the security was sold to satisfy, that is the measure of the amount in controversy, and in the counterclaim for return of the property sold can not be added to the amount of the debt to determine the amount in controversy and give this court jurisdiction. (Harten v. LUffler, 212 U. S., 397, distinguished.) The mere fact that suits are tried together for convenience does not amount to a consolidation, and where the understanding of the trial judge was that there was no consolidation, this court will not unite the actions so that the aggregate amount will give jurisdiction. A judgment of the intermediate appellate court, reversing and remanding with instructions to enter judgment for plaintiff in accordance with its decision without fixing a definite amount, is not such a final judgment as will give jurisdiction to this court. Opinion by White, C. J. No dissenting opinion. Dismissed for want of jurisdiction. These are two suits commenced in the court of first instance of the city of Manila on the same day, February 25, 1905, and numbered in that court as cases Nos. 3363 and 3365, respectively. In each suit the International,Banking Corporation was plaintiff and Francisco Martinez and another person as the guardian of Martinez were defendants. After the present appeals were taken Martinez died and his administrator has been substituted in his stead. We shall separately summarize the proceedings below in the two cases to the extent it is necessary to do so to understand the proper disposition to be made of the appeals. Case No. 79 was a suit of an equitable nature brought by the bank against Martinez to foreclose a mortgage upon the steamer Germania, sell the steamer, and collect an alleged debt of P:30,000, claimed to be secured thereby. By the answer and cross bill it was asserted that at the time of executing the mortgage Martinez was mentally -- 680 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. incapacitated, and hence legally incompetent; that the whole transaction was void for fraud, duress, and conspiracy; that the alleged indebtedness was a part of the subject matter of the instrument sued on in the other case, the effect of which instrument was to supersede the mortgage sued on in this; and that plaintiff had wrongfully taken and held possession of the steamer and refused to account for its profits. As affirmative relief the setting aside of the whole transaction was demanded, as also the return of the steamer and an accountingof its profits. The court of first instance in substance sustained these defenses, dismissed the plaintiff's suit, and directed a return of the steamer. It was recited in the judgment: "This case was tried together with case No. 3365, it being agreed that the evidence taken on the trial pertinent to either or both cases should be considered by the court in the respective cases." On appeal the Supreme Court of the Philippine Islands reversed this judgment, held that the transaction was valid, and entered the following judgment: "It is ordered that the judgment appealed from the court of first instance of the city of Manila, dated March 29, 1906, be, and the same is hereby, reversed, and the record remanded to the court from which it came, with directions to that court to enter judgment in favor of the plaintiff and against the defendants, Francisco Martinez and his guardian, Vicente Illustre, for the sum of P28,599.13, and interest at the rate of 8 per cent per annum from the 1st day of January, 1904, with costs, and that the steamship Germania, if said judgment is not paid, be sold in accordance with law to pay and satisfy the amount of said judgment. No costs will be allowed to either party in this court." Case No. 80.-This case was brought to recover a judgment for P159,607.81, with interest, and in default of payment for the foreclosure of an instrument alleged to be a mortgage the sale of certain real estate described in the mortgage execution in the event of a deficiency, and for general relief. By answer and cross bill the same general defenses were set up as in the other suit. It was further averred that the alleged considerations for the instrument sued on was " padded and fictitious," contained duplications of the same item, and included the item of P30,000, which was the subject of the other case; also, that the instrument sued on was not in law a mortgage, but was an agreement for the transfer of property with right of repurchase (pacto de retro), and that the defendant had never refused to perform such contract, but that the plaintiff had failed to perform its own obligations thereunder; also, that the plaintiff had wrongfully taken possession of the property in question and received its rents and profits. The defendant demanded that the entire transaction be set aside, that plaintiff's suit be dismissed, and that plaintiff account for the rents and profits it had received. The court of first instance found, against plaintiff and rendered judgment in favor of the defendant guardian for the gross amount of the rents adjudged to have been unlawfully collected by the plaintiff. The case was appealed to the Supreme Court of the Philippine Islands, and was there docketed as case No. 3472. The appellate court held "that the evidence is not sufficient to establish any of the defenses or counterclaims," and "that the defendant, Martinez, at the time the action was commenced, was indebted to the plaintiff in at least the sum of P159,607.81 was fully established by the evidence." The 8t7PRtME COtaT DEIs0TON8. 68; court, however, decided that the instrument claimed to be a mortgage was not such, but was "a promise to sell real estate upon certain terms, and contemplates a subsequent contract of sale which should contain the terms stated in this document," and that sufficient facts were stated in the complaint "to constitute a good cause of action for the specific performance of the contract." "It is hereby ordered that the judgment of the court of first instance of the city of Manila, appealed from and dated March 29, 1906, be reversed and the case remanded to the court from which it came with directions to the judge to enter judgment in favor of the plaintiff in accordance with the decision of this court, without special provision as to the costs of this appeal." The present separate appeals from the aforementioned judgments of the Supreme Court of the Philippine Islands were then taken. The petition for the allowance of the appeal in the first case (No. 79 here; No. 3471 in the Supreme Court of the Philippine Islands) expressly recited that the amount in controversy therein "is P 30,000, equivalent to $15,000 United States currency." It was, however, asserted that the cause was t an incident and part of the same transaction and controversy involved in cause No. 3472," and that the two cases "were * * * consolidated and tried together in the court of first instance." The appeal was allowed by one of the associate justices of the Supreme Court of the Philippine Islands. In doing so he declared "that * * * there was not a strict consolidation of the two cases * * * between the same parties by virtue of an express order of the court and in accordance with the procedural law, and * * * the amount in litigation in the first of the said cases does not exceed $15,000 United States currency." However, substantially upon the ground of the "connection and intimate relation" between the cases the doubt produced by reasons advanced as to whether or not the appeal interposed in case No. 3471 is admissible, notwithstanding the fact that the amount involved does not reach the sum of $25,000 United States currency," was left to be determined by this court. The appeal in the second case was allowed by the same justice, it being recited that it appeared "that the amount involved exceeds $25,000 United States currency." In the argument at bar counsel for appellee moved that the two appeals be dismissed for want of jurisdiction in this court. Supreme Court of the United States. PEREZ Y FERNANDEZ V. FERNANDEZ Y PEREZ. Appealfrom the District Court of the United Statesfor Porto Rico. (220 U. S., 224.) No. 110. Argued March 17, 1911. Decided April 3, 1911. SYLLABUS. Where the District Court of the United States for Porto Rico has general jurisdiction under the act of March 2, 1901 (c. 812, sec; 3, 31 Stat., 953), its power to awward relief because of the situation of the property involved against nonresident defendants not found within the district depends on section 8 of the act of March 3, 1875 (c. 137, 18 Stat., 472); and the rights of absent parties defendants not actually personally notified to have the suit reopened and to make defense depends on the proviso to that section. -- 682 LAWS RELATING T INSULAR AND MILITARY AFFAIRS. Where a defendant has not been actually personally notified as provided in section 8 of the act of 1875, but publication has been resorted to, he has a right to appear and make defense within a year. independently of whether he has had knowledge or notice of the pendency of the action by any methods other than those specified in the statute; and the court has no power to impose terms except as to costs. The District Court of the United States for Porto Rico, having permitted certain defendants not personally notified to come in and defend to do so but only on condition of showing they had not received the published notice, had no knowledge of the pendency of the suit and had no meritorious defense to the bill, the order is reversed, as the defendants have the right to have the case reopened without terms other than payment of costs. Opinion by White, C. J. No dissenting opinion. Reversed and remanded with directions for further proceedings in conformity with this opinion. Jos6 Antonio Fernandez, a judgment creditor of Jos6 Perez, in October, 1906, commenced in the court below this suit to unmask alleged fraudulent and simulated mortgages and sales of certain described real property of Perez, the judgment debtor, to the end that such property might be made available to pay the unsatisfied judgment debt. The defendants were Jos6 Perez, Victor Ochoa and his wife, all three alleged to be citizens and residents of Spain, and 10 persons alleged to be citizens and residents of Porto Rico, who were averred to be and were sued as the heirs at law of one Maristany. It was alleged that in the years 1899, 1900, and 1902 Perez, who was the registered owner of certain enumerated real estate, had executed and recorded deeds purporting to mortgage the same in favor of Ochoa and Maristany. These deeds, it was alleged, were simulations executed by Perez with the sole purpose of defrauding his creditors and preventing them from collecting their debts. It was additionally charged that to carry out the wrongful purpose which had caused the acts of mortgage to be drawn and recorded and in consequence of a conspiracy between Perez and Ochoa, the latter had in May, 1906 sued in the court below to foreclose the apparent mortgages, and had procured an order of sale and a sale thereunder to be made by the marshal of the court, and at such sale had seemingly bought in the property and received a deed therefor. Ochoa, the alleged plaintiff, was charged to have been but an interposed person acting, not for himself, but for Perez, the ostensible defendant. Finally, it was charged that the property standing in the name of Ochoa. the alleged purchaser, had, despite the sale, continuously remained under the dominion and beneficial control of Perez. The prayer of the bill was for a decree recognizing the fraudulent and simulated character of the alleged mortgages and sale, that they be declared to be mere shadows cast upon the title of Perez, and that the decree further direct that the property belonging to Perez be ordered to be sold to pay the judgment debt. The 10 persons who were made defendants as heirs or representatives of Maristany having been personally summoned and having failed to appear, the bill was, in December, 1906, taken for confessed against them. On the 3d day of June, 1907, the counsel for the complainant moved for an order to summons by publication Jos6 Perez, Victor Ochoa, and his wife. The motion for the order was supported by a return of the marshal showing that the subpoenas SUPREME COURT DECISIONS. 683 issued to the parties named had not been served, because the marshal, after diligent inquiry, had been unable to find them in the district, and by an affidavit of counsel declaring that affiant "is unable to learn of the present whereabouts of said defendants, Jos6 Perez y Fernandez, Victor Ochoa y Perez, and his wife, Dolores Olavarricia, after duly inquiring, and that, therefore, personal service upon them is not practicable. The order was granted, directing that the defendants named be summoned by publication to appear on or before the 3d day of August, 1907, the publication to be made "in a newspaper of general circulation in Porto Rico, to wit, La Bandera Americana, once a week for six consecutive weeks." On September 13 following the defendants named not having appeared and proof of publication having been made, the bill was taken for confessed against them. On February 1, 1908, a formal decree was entered against all the defendants, holding the mortgages and sale to be void as mere simulations, and directing their erasure from the records. The decree recognized the right of complainant to collect his unsatisfied judgment by a sale of the property, and in fact directed the marshal to proceed under an execution which was in his hands to levy upon and sell the property. Within two months after the entry of this decree and before the marshal had executed it by sale of the property, appearance was entered for Jos6 Perez, one of the defendants, and shortly after for Ochoa, and application was made in the name of both to vacate the decree and allow them to defend the suit, on the ground that they were entitled to do so because they had not been personally notified. At the same time, in the same court, a Mrs. Perfecta Blanco, alleging herself to be a resident of Spain, filed her bill against the marshal as well as against Jos6 Fernandez and his attorneys of record, alleging that the complainant had in July, 1906, bought from Ochoa the real estate described in the Fernandez suit and that she was entitled to hold the property free from liability under the execution in the Fernandez case. The prayer was for an injunction pending the suit restraining the marshal from selling the property to pay the Fernandez judgment and for a final decree perpetuating the injunction. The application made by Perez and Ochoa to set aside the decree and allow them to appear and defend, and that of Mrs. Blanco for a preliminary injunction, were considered by the court at one and the same time. The court stayed, for a brief period, the sale of the property under the execution issued in the case of Fernandez v. Perez and the enforcement of the decree in the equity cause. * * * The stay granted by the court was extended from time to time. There were hearings and it may be, some evidence tending to show the existence of the facts referred to by the court in the conditions upon which it granted the stay and there was evidence to the contrary. Finally the court disposed of the matter by refusing to set aside the decree in the equity cause and hence declining to allow Perez and Ochoa to defend and refusing to grant the application for a preliminary injunction on the bill of Mrs. Blanco. From a final decree rejecting their application to set aside the equity decree and allow them to defend Perez and Ochoa appeal. 684 LAWS RELATING TO INSULAR A)N MILITARY AFFAIRS. Supreme Court of the United States. BIACO V. HUBBARD, UNITED STATES MARSHAL FOR PORTO Rico. Appeal from the District Court of the United States for Porto Rico. (220 U. S., 233.) No* 111. Argued March 17, 1911. Decided April 3, 1911. SYLLABUS. A demurrer in this case having been sustained, and the bill which sought to enjoin the defendant sheriff from selling under execution issued in Perez v. Fernandez, ante, p. 681, dismissed, on the same grounds on which the same court refused to allow defendants in that suit, who were grantors of the plaintiffs in th s suit, to come in and defend, and this court having reversed the judgment in Perez v. Fernandez, and it appearing that the two cases were so inseparably united in the mind of the court below that the error in the one controlled its action in the other, held that the judgment in this case be also reversed. Opinion by White, C. J. No dissenting opinion. The decree is therefore reversed and the case remanded for further proceedings not inconsistent with this opinion. This record involves the bill filed by Perfecto Blanco in the lower court to enjoin the sale of property under execution in the case of Perez v. Fernandez. It concerns, therefore, the proceedings in the equity cause and the right to reopen the decree entered in the same. Supreme Court of the United States. ENRIQUEZ v. GO-TIONGCO. Appeal from the Supreme Court of the Philippine Islands. (220 U. S., 307.) No. 95. Argued March 13, 1911. Decided April 3, 1911. SYLLABUS. The Supreme Court of the Philippine Islands having held that on the death of the wife the husband, if surviving, is entitled to settle the affairs of the community, and on his subsequent death his executor is the proper administrator of the same; and on the facts as found by both courts below, held that in this case the community estate is liable for services rendered with knowledge and consent of all parties in interest in connection with sale of property belonging to it after both husband and wife had died, and that the proper method of collection was by suit against the husband's representative in his capacities of excutor and administrator. Opinion by Holmes, J. No dissenting opinion. Judgment affirmed. This is an appeal from a judgment of the Supreme Court of the Philippine Islands, affirming the judgment of the court of first instance for the city of Manila, which dismissed this suit. The action was brought to set aside a judgment sale of land in Manila, known as the Old Theatre, formerly the community property of Antonio Enriquez and his wife, Ciriaca Villanueva. The plaintiffs and appellants are the administrators of the estate of Antonio, including the interest of Ciriaca illanueva, and all of the heirs of the two, except SUPREME COURT DECISIONS. Francisco Enriquez, one of the defendants. The other defendants now before the court are the purchaser at the sale and a subsequent purchaser from him. Ciriaca Villanueva died intestate in 1882. Thereafter her husband administered the community property until his death in 1884. 'By a codicil to his will, as stated by the supreme court, he provided "that the inventory, valuation, and partition of this estate be made extrajudicially, and by virtue of the power which the law grants him he forbids any judicial interference in the settlement thereof, conferring upon his executors the necessary authority therefor, without an restriction whatever, and extending their term of office for such period as may be required for this purpose." The defendant, Francisco Enriquez, was the executor, and in April, 1886, was appointed the general administrator of the estate, including the interest of Ciriaca Villanueva, with directions to proceed in accordance with the codicil, which he did until March, 1901, except for a short time in May, 1900. There were no testamentary or other proceedings in court, and could not be, by Splanish law, in view of the codicil, but it lay with Francisco Enriquez to carry out the trust. There were differences among the heirs, and they made an agreement in August, 1897, for an extrajudicial partition, subject to the provisions of the will, in which Jos6 Moreno Lacalle was to act as an arbitrator. The partition fell through, but Lacalle rendered services to the two-estates, as both courts have found, and on October 23, 1897, it was agreed by Francisco Enriquez, the defendant, and Rafael Enriquez, on behalf of the plaintiffs, that the land question should be sold, for the purpose, among others, of paying Lacalle. No sale was made, however, and in 1898 Lacalle sued Francisco Enriquez as executor and administrator, as aforesaid. The defendant admitted the debt, stated that he had no money, and pointed out this land for execution. On September 10, 1899, the land was sold for more than the appraised value to the defendant Go-Tiongco, who bought in good faith, and without notice of any claim unless notice is implied by law. Supreme Court of the United States. GAVIERES V. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (220 U. S., 338.) No. 102. Submitted March 13, 1911. Decided April 3, 1911. SYLLABUS. Protection against double jeopardy was by section 5 of the act of July 1, 1902 (c. 1369, 32 Stat., 691), carried to the Philippine Islands in the sense and in the meaning which it had obtained under the Constitution and laws of the United States. (Kepner v. United States, 195, U. S., 100.) The protection intended and specifically given is against second jeopardy for the same offense, and where separate offenses arise from the same transaction the protection does not apply. A single act may be an offense against two statutes, and if each statute requires proof of an additional fact which the other does not, an acquittal or conviction under either statute does not exempt the defendant from prosecution or conviction under the other. (Carter v. McClaughry, 183 U. S., 367.) 686 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In this case, held, that one convicted and punished under an ordinance prohibiting drunkenness and rude and boisterous language was not put in second jeopardy by being subsequently tried under another ordinance for insulting a public officer although the latter charge was based on the same conduct and language as the former. They were separate offenses and required separate proof to convict. (Grafton v. United States, 206 U. S., 333, distinguished.) Opinion by Day, J. Harlan, J., dissenting. Judgment of the Supreme Court of the Philippine Islands affirmed. The facts involve the construction of the provisions in the Philippine Island act of July 1, 1902, as to second jeopardy. This case presents the single question whether the plaintiff in error, by reason of the proceedings, hereinafter stated, has been twice in jeopardy for the same offense. Gavieres, plaintiff in error, was charged, convicted, and sentenced in the court of first instance of the city of Manila, P. I.,of a violation of article 257 of the Penal Code of the Philippine Islands, which provides: "The penalty of arresto mayor shall also be imposed on those who outrage, insult, or threaten, by deed or word, public officials or agents of the authorities, in their presence, or in a writing addressed to them." Gavieres was charged under this article with the crime of calumniating, outraging, and insulting a public official in the exercise of his office by word of mouth and in his presence. Upon conviction he was sentenced to four months of arresto mayor and to pay the cost of the prosecution. He had been previously convicted, because of the same words and conduct, under article 28, paragraph 2, of the ordinance of the city of Manila, which provides: "No person shall be drunk or intoxicated or behave in a drunken, boisterous, rude, or indecent manner in any public place open to public view; or be drunk or intoxicated or behave in a runken, boisterous, rude, or indecent manner in any place or premises to the annoyance of another person." Section 5 of the act of Congress of July 1, 1902 (32 Stat., c. 1369, 691), provides: "No person, for the same offense, shall be twice put in jeopardy of punishment." In the case at bar the offense of insult to a public official, covered by the section of the Philippine code, was not within the terms of the offense or prosecution under the ordinance. While it is true that the conduct of the accused was one and the same, two offenses resulted, each of which had an element not embraced in the other. The Supreme Court of the United States. VILAS V. CITY OF MANILA. TRIGAS V. SAME. AGUADO V. SAME. Error to and appeals from the Supreme Court of the Philippine Islands. (220 U. S., 345.) Nos. 53, 54, 207. Argued February 24, 27, 1911. Decided April 3, 1911. SYLLABUS. Even if there is no remedy adequate to the collection of a claim against a governmental subdivision when reduced to judgment, a plaintiff having a valid claim is entitled to maintain an action thereon and reduce it to judgment, SUPREME COURT DECISIONS. 687 Where the case turned below on the consequence of a change in sovereignty by reason of the cession of the Philippine Islands, the construction of the treaty with Spain of 1898 is involved, and this court has jurisdiction of an appeal from the Slpreme Court of the Philippine Islands under section 10 of the act of July 1, 1902 (c. 1369, 32 Stat., 691, 695). While militery occupation or territorial cession may work a suspension of the governmental functions of municipal corporations, such occupation or cession does not result in their dissolution. While there is a total abrogation of the former political relations of inhabitants of ceded territory and an abrogation of laws in conflict with the political character of the substituted sovereign, the great body of municipal law regulating private and domestic rights continues in force until abrogated or changed by the new ruler. Although the United States might have extinguished every municipality in the territory ceded by Spain under the treaty of 1898, it will not, in view of the practice of nations to the contrary, be presumed to have done so. The legal entity of the city of Manila survived both its military occupation by, and its cession to, the United States; and, as in law, the present city as the successor of the former city, is entitled to the property rights of its predecessor, it is also subject to its liabilities. The cession in the treaty of 1898 of all the public property of Spain in the Philippine Islands did not include property belonging to municipalities, and the agreement against impairment of property and private property rights in that treaty applied to the property of municipalities and claims against municipalities. One supplying goods to a municipality does so, in the absence of specific provision, on its general faith and credit, and not as against special funds in its possession; and even if such goods are supplied for a purpose for which the special funds are held no specific lien is created thereon. Opinion by Lurton, J. No dissenting opinion. Our conclusion is that the decree in the Aguado case must be reversed and the case remanded, with direction to render judgment and such other relief as may seem in conformity with law. The judgments in the Trigas and Vilas cases will be reversed and the cases remanded with direction to overrule the respective demurrers and for such other action as may be consistent with law and consistent wiWh this opinion. The facts involve the liability of the present city of Manila in the Philippine Islands for claims against the city of Manila as it existed prior to the cession under the treaty of 1898. The plaintiffs in error, who were plaintiffs below, are creditors of the city of Manila as it existed before the cession of the Philippine Islands to the United States by the treaty of Paris, December 10, 1898. Upon the theory that the city under its present charter from the Government of the Philippine Islands is the same juristic person and liable upon the obligations of the old city, these actions were brought against it. The Supreme Court of the Philippine Islands denied relief, holding that the present municipality is a totally different corporate entity, and in no way liable for the debts of the Spanish municipality. The fundamental question is whether, notwithstanding the cession of the Philippine Islands to the United States, followed by a reincorporation of the city, the present municipality is liable for the obligations of the city incurred prior to the cession to the United States. 28872 ---S. Doc. 306, 62-2 ---46 688 LAWS RELATING TO IN'TTLAR AND MILITARY AFFAIR. Supreme Court of the United States. DOWDELL V. UNITED STATES. Error to the Supreme Court of the Philippine Islands. (221 U. S., 325.) No. 131. Argued April 20, 1911. Decided May 15, 1911. SYLLABUS. Under section 5 of the act of July 1, 1902 (c. 1369, 32 Stat., 691), unless action taken by the Supreme Court of the Philippine Islands to supply omissions in the record violates the Constitution or a statute of the United States, this court can not disturb the judgment. There is no valid objection based on the Constitution of the United States to the practice of the Supreme Court of the Philippine Islands adopted in this case for determining in what form it will accept the record of the court below. The provision in section 5 of the Philippine act of July 1, 1902 (c. 1369, 32 Stat., 691), that in all criminal prosecutions the accused shall meet the witnesses face to face is substantially the provision of the sixth amendment; is intended thereby that the charge shall be proved only by such witnesses as meet the accused at the trial face to face and give him an opportunity for cross-examination. It prevents conviction by ex parte affidavits. The "face to face" provision of the Philippine bill of rights does not prevent the judge and clerk of the trial court from certifying as additional record to the appellate court what transpired on the trial of one convicted of a crime without the accused being present when the order was made. Although due process of law requires the accused to be present at every stage of the trial, it does not require accused to be present in an appellate court where he is represented by counsel and where the only function of the court is to determine whether there was prejudicial error below. Objections as to form and verification of pleading must be taken by accused before pleading general issue. She bill of ights of the Philippine Islands does not require convictions to be based on indictment; nor does due process of law require presentment of an indictment. (Hurtado v. California, 110 U. S., 516.) In the absence of legislation by Congress, there is no right in the Philippine Islands to require trial by jury in criminal cases. (Dorr v. United States, 195 U. S., 138.) 11 Philippine Islands, 4, affirmed. Opinion by Day, J. Harlan, J., dissenting. Afirmed. This is a writ of error to the Supreme Court of the Philippine Islands to review a proceeding in which the plaintiffs in error, Louis A. Dowdelt and Wilson W. Harn, together with one Charles H. MacIlvaine, were convicted in the court of first instance of the Philippine Islands upon an amended complaint which charged that the three persons named, as inspectors and lieutenants of the Philippine Constabulary, in the Province of Samar, Philippine Islands, conspired together to abstract, steal, and convert to their own use certain public funds in the custody and control of Dowdell as supply officer, and guarded by Harn as officer of the day; that in pursuance of the conspiracy the three defendants, with the intent and purpose of stealing and converting the same to their own use, unlawfully, feloniously, and willfully removed the same from the office of the Philippine Constabulary to the residence of the said Harn in Catbalogan in said province, and did there conceal the same, and during the night, in pursuance of said conspiracy, and for the purpose of concealing the evidence of their crime and of deceiving their superior officers concerning the disappearance SUPREME COURT DECISIONS. 689 of said public funds, did take and remove the safe in which said funds had been kept in the office of the Philippine Constabulary and caused the same to be taken and conveyed out into the bay adjacent and there sunk in the waters of the bay. The public funds abstracted and taken consisted of Philippine coin and paper currency of the value of 9,971 pesos and 26 centavos, equivalent in value to 49,856 pesetas, in violation of paragraph 3 of article 390 of the Philippine Penal Code. The accused were convicted, and the present plaintiffs in error sentenced to imprisonment for six years and a (lay. Plaintiffs in error thereupon took an appeal to the Supreme Court of the Philippine Islands. In that court they were sentenced to eight years and one day imprisonment. The case is brought here under paragraph 5 of the act of July 1, 1902 (32 Stat., 691, c. 1369), giving this court the right to review, revise, reverse, modify, or affirm final judgments or decrees of the Supreme Court of the Philippine Islands in which the Constitution or any statute, treaty, title, right., or privilege of the United States is involved. In the Supreme Court of the Philippine Islands the attorney general asked that the case be sent back to the court of first instance for a new trial, because it did not appear that defendants had pleaded to the complaint, but the court overruled this application, and thereupon the court made the following order: "Resolved, That the clerk of the court of first instance of Samar be, and he is hereby, directed to send forthwith to this court a certified copy of all entries in any book in his office referring to the case of The United States v. Louis A. Dowdell and Wilson W. Harn, and particularly of any entry relating to the arraignment of the defendants and to their plea. He is further directed to at once send to this court a certificate as to whether he was present at the separate trial of each of the defendants, Dowdell and Harn; and, if so, whether each or both of them were present at such trial, and the lion. W. F. Norris, the judge who tried the case, is hereby directed to send to this court a certificate showing whether the defendants and each of them were present during the trial of said cause against Louis A. Dowdell and Wilson W. Harn. To this order Judge Norris, judge of the court of first instance, made return, in which he stated that each of the defendants, now plaintiffs in error, was present in open court during the entire time of trial from the calling of the case until after sentence was pronounced. The judge said he was unable to say whether there had been a formal arraignment or not. The clerk of the court of first instance certified a record of the proceedings in court, in which it appears that the defendants were asked whether they pleaded guilty or not guilty of the crime of which they were charged, and answered that they pleaded not guilty. The official reporter of the court certified that his notes of the proceedings showed that the plaintiffs in error were arraigned, waived reading of the complaint, and pleaded not guilty. The certificate of the reporter was signed by him as court reporter of the twelfth judicial district and the judge of that district certified that the reporter was duly appointed, qualified, and acting reporter of the district. The reporter's certificate adds nothing to that which the clerk certified 690 LAWS RELATING TO INSULAR AND MIIATARY AFFAIRJS. Supreme Court of the United States. JOVER Y COSTAS V. INSULAR GOVERNMENT OF THE PHILIPPINE ISLANDS.. INSULAR GOVERNMENT OF THE PHILIPPINE ISLANDS V. JOVER Y COSTAS. Appeals from and in error to the Supreme Court of the Philippine Islands. (221 U. S., 623.) Nos. 112,113. Argued April 7, 1911. Decided May 29, 1911. SYLLABUS. Article 46 of the constitution of Spain as existing in 1859, providing that in order to alienate, cede, or exchange any part of Spanish territory, the King required the authority of a special law, related to transference of national sovereignty and not to disposal of public land as property. The laws of the Partida, which affirm that the sea and its shore are among the things that are common to all men, are not to be so literally construed as held by the Spanish courts prior to the cession of the Philippine Islands, as prohibiting a grant of tide lands to one desiring to reclaim and improve them. The Governor General of the Philippine Islands under Spanish rule possessed all the powers of the King except where otherwise provided, and a grant of lands made by him was valid unless in violation of law specially prohibiting him from making it. Where the local authorities in the Philippine Islands, with full knowledg of the circumstances under which a grant was made, imposed taxes on the property for many-in this case 39 years, it is persuasive proof that the grant was valid and that the Governor General did not exceed his authority in making it. A grant of tide lands, although made upon condition of reclamation, is not defeated by failure to reclaim if the granting words import a present and immediate transfer of ownership; and so held as to a grant of such lands in the Philippine Islands where the grantee Was "granted possession and ownership," and there was no express condition either precedent or subsequent that the land be reclaimed within any definite period. Where a practical interpretation has been given to a grant of land by the public officials authorized to interpret it, full effect should be given thereto. The appropriate method to review judgments of the Supreme Court of the Philippine Islands in cases from the court of land registration is by writ of error and not by appeal. 10 Phil. Rep., 522, reversed. Opinion, Van Devanter, J. No dissenting opinion. The appeals are dismissed and the judgment of the Supreme Court of the Philippines is reversed and the cause is remanded to that court witl a direction to reverse the judgment of the court of land registration and remand that cause to the court with a direction to alow registration of the entire tract as prayed in the petition. This was a petition to the court of land registration of the Philippine Islands for the registration of the title to a tract of land in the city of Manila, claimed to have been granted to Don Jose Camps, February 12, 1859, by a decree of the Governor General of those islands, reading as follows: "Acting upon the petition in which Don Jose Camps on November 17, 1858, solicited a grant for the land which he fills at his expense on the lowlands situated along the northern wharf (Murall6n del Norte) and on the north side thereof, on the right side of the mouth of the SUPREME COURT DECISIONS. 691 Pasig River, with an extension of 200 brazas in length and 100 brazas in width, beginning at a distance of 25 varas (Spanish yards) west of the bridge built on said wharf for the connection of the waters of the river and of the bay from the beach of Binondo, as appears on the plan hereto attached, to which land, after it has been filled in he mtends to move his artistic establishment called Camps 6 Hijos, and a manufactory of hemp rope; in view of the report made on the 26th of the said month of November by the Alcalde Mayor 1~ of Manila, who, after. consultation with the director of public works of the Province, is of the opinion that the waste land asked for should be granted to Camps, said land being at present covered by the sea, and being far from the houses situated on the Binondo beach, it is very suitable for purposes of maritime commerce and it is convenient for the purpose of public adornment, that the foundry, ironworking and scientific instrument establishment of Camps 6 Hijos be located on that place provided that the said Camps shall agree not to erect such buildings with brick and stone or strong materials, for the reason that the same is outside of the military lines; in view of the report made on December 17, 1858, by the commanding general of marine, in agreement with the captain of the port regarding the convenience of such concession for the merchant marine and public adornment, but with the precise condition that Camps shall leave a distance of 16~ varas between the outside edge of the wharf and the intended building, which width is the one fixed for wharves; in view also of the report of the subinspector of engineers, with the approval of the commander of the post, proposing that the concession asked for shall not be granted for a building of strong materials, on account of the forts of the place, and that the building to be erected shall consist of only one story, and shall be removed at the expense of its owner, at the discretion of the superior authority of the islands, when the public interests so require, taking into consideration the circumstances and official and industrial merits of the said Don Jose Camps, and the offer of protection stated in the decree, dated November 4, 1858, when refusing the sale, asked for by him, of an irregular piece of land adjoining the new Cuartel del Carenero, and in conformity with the above-mentioned reports of the commanding general of marine, the subinspector of engineers, and the civil chief of the Province of Manila, I hereby decree: Don Jose Camps, comisario de guerra honorario, oficial mayor jubilado of the office of the secretary of his superior government, and director of the ironworking and nautical instrument establishment of Camps 6 Hijos, is granted the possession and ownership of a parcel of land, 200 brazas in length and 100 brazas in width, covered at present by the waters of the sea, near the Binondo beach, which land is situated alongside the Murall6n del Norte, and requested authority to fill in the same at his expense, is also hereby granted, subject to the following conditions and restrictions: "First. The land to be filled in shall form a quadrangle 200 brazas long and 100 brazas wide; beginning on the longer side, nearest to the Pasig River, at a point 25 varas from the bridge connecting the waters of the river and of the bay, and running parallel with the wharf toward the lighthouse. "Second. The buildings to be erected by Camps on this new land so granted shall be located along the said longer side parallel to the breakwater, separated from the edge of the exterior wharf for its 692 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. whole length, a distance of 16~ varas, which is the width required for wharves. "Third. The said buildings shall consist of only one story, no materials of the kind prohibited in the military zone shall be employed therein, and shall be roofed with zinc, tarred paper, nipa, or other similar materials. "Fourth. The said buildings shall be removed at the expense of Don Jose Camps or his successors whenever, at the discretion of the superior authority of the islands, the military service so requires. Let the interested party be notified and a certified copy be issued to him. "(Signed) NORZAGARAY." Opposition to the registration was made by the insular government and the city of Manila upon the ground that the grant was unauthorized because the land was a part of the shore of the sea. The court of land registration pronounced the grant valid, sustained the petitioner's asserted ownership of all existing title under it, construed it as made upon condition that the land be reclaimed from the sea, found that the condition had been fulfilled as to part of the land only, and entered a judgment allowing registration of that part and refusing registration of the remainder. Appeals to the Supreme Court of the Philippines resulted in an affirmance of the judgment by an opinion saying: "Although we are unable to agree upon the grounds upon which our conclusion is based, we are of the opinion that the judgment of the court of land registration should be affirmed, without costs to either party." (10 Phil. Rep., 522.) Each of the parties has appealed to this court and has also sued out a writ of error. In addition to the authenticity of the grant and the petitioner's ownership of all existing title under it, neither of which was questioned, the facts disclosed by the record are these: At the date of the grant the land was marshy waste land, which was covered by the sea at high tide and was uncovered at low tide. Soon after the grant was made the grantee marked its boundaries and began filling in the land. In the course of 20 years about one-third of the tract was reclaimed and was then improved by erecting warehouses and other buildings thereon. At irregular intervals further work was done toward filling in the remainder, but the area fully reclaimed was not materially enlarged. The grantee and those claiming under him were in the exclusive occupancy and use of the land reclaimed from the time the work was done and at all times asserted title to the entire tract, and intended to complete its reclamation. What was done by them in filling in and improving the land was done openly and at large expense, and neither their work nor their occupancy was at any time disturbed, although both were at all times well known to those in authority at Manila. Nor was the validity or extent of the grant in any wise called in question while the Philippines remained under the dominion of Spain, or until four years thereafter, which was 44 years after the date of the grant. On the contrary, taxes were imposed upon the land as private property, and at the commencement of the proceeding for registration the land and the improvements were assessed to the petitioner at a valuation of $255,578. SUPREME COURT DECISIONS. 693 It is the contention of the insular government and the city of Manila that the grant was unauthorized and void, first, because the King of Spain was without power to make it, and so could not devolve that power upon the governor general, and second, because, even if the Wing possessed that power, he had not devolved it upon the governor general. Supreme Court of the United States. FABER V. UNITED STATES. Appeal from the Circuit Court of the United States for the Southern District of New York. (221 U. S., 649.) No. 134. Submitted April 20, 1911. Decided May 29, 1911. SYLLABUS. Qusere and purposely not decided whether the reduction in tariff rates provided by paragraph 2 of the treaty with Cuba of 1903 is limited to rates of duty in general tariff acts and does not apply to special rates under special agreements with other countries. (Whitney v. Robertson, 124 U. S., 190.) The treaty with Cuba of 1903 was signed and proclaimed after the decisions of this court in the insular cases to the effect that Porto Rico and the Philippine Islands were not foreign countries; and within the meaning of that treaty the Philippines are not a foreign country or another country, and the reduction of tariff on articles imported from Cuba are not to be based on tariff rates on the same articles brought from the Philippine Islands. In the absence of some qualifying phrase the word "country" in the revenue laws of the United States embrace all provinces of a State, no matter how widely separate, and the Philippines are a part of the United States within the meaning of the treaty with Cuba of 1903. The duties imposed and collected on articles coming into the United States from the Philippine Islands are not covered into the treasury of the United States, but are used and extended solely for the use and government of those islands and are not to be regarded as duties on imports from foreign countries within the meaning of the treaty with Cuba of 1903. The word "imports" is the correlative of the word "exports," and preferential rates granted to Cuba under the treaty of 1903 relate only to duties on imports from countries foreign to the United States. The provisions of Article VIII of the treaty with Cuba of 1903 will not be construed so as to give that country advantages over shipments coming into the United States from a part of its own territory. 157 Fed. Rep., 140, affirmed on the above points. Opinion by Lamar, J. No dissenting opinion. We make no ruling as to the duty to be charged on alcohol, because in the brief of the Government it is said that without conceding plaintiff's contention to be sound, and for reasons unnecessary to state, it consents to a reversal of so much of the judgment as relates to alcohol. It will be so ordered. The judgment of the circuit court as to the rate of duty on cigars is affirmed. This case raises the question as to whether Cuban imports are entitled to a reduction of 20 per cent upon the rates charged on goods coming from the Philippine Islands, or only 20 per cent upon the regular tariff rates on goods imported from foreign countries. The tariff act of July 24, 1897, lays a duty on cigars of $4.50 per pound and 25 per cent ad valorem. 694 LAWS RELATIHNT T ISUOLAR AND MILITARY AFFAIRS. The act of March 8, 1902 (par. 2., G. 140, 32 Stat.,, 54), to raise revenue for the Philippine Islands, provides that there shal be " levied collected, and paid upon all articles coming into the United Stated from the Philippine Archipelago the rates of duty which are required to be collected, and paid upon like articles imported. frox foreign. countries: Provided, That upon all articles the growth and product of the Philippine Archipelago coming into the United States from the Philippine Archipelago there shall be levied, collected, and paid only 75 per cent of the rates of duty aforesaid * * *. All duties and taxes collected in the United States upon articles coming from the Philippine Archipelago * * * shall not be covered into the general fund of the Treasury of the United States, but shall be held as a separate fund and paid into the treasury of the Philippine Islands to be used and expended for the government and benefit of said islands." (32 Stat., 54; 5 Fed. Stat. Ann., 716.) The commercial convention with Cuba, proclaimed December 17, 1903 (33 Stat., 2136), declares, in article 2, "that during the term of this convention all merchandise * * * being the product of the soil or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of 20 per cent of the rates of duty thereon, as provided by the tariff act of the United States, approved July 24, 1897, or as may be provided by any tariff law of the United States subsequently enacted." Article 8 (p. 2140, 33 Stat.) provides that "the rates of duty herein granted by the United States to the Republic of Cuba are and shall continue during the term of this convention preferential in respect to all like imports from other countries, and, in return for said preferential rates of duty granted to the Republic of Cuba by the United States, it is agreed that the concession herein granted on the part of the said Republic of Cuba to the products of the United States shall likewise be, and shall continue during the term of this convention, preferential in respect to all like imports from other countries." In April, 1906, the convention and statutes above referred to being of force, the plaintiffs imported cigars and alcohol into the United States from Cuba. He contended that under the convention he could only be required to pay a duty 20 per cent less than that collected on tobacco coming into the United States from Philippine Islands which paid 75 per cent of the regular rate under the tariff act of July, 1897. He also claimed that he should not be required to pay 20 per cent less than the regular tariff on alcohol, but 20 per cent less than special rates allowed on importations of alcohol from France, Germany, Italy, and Portugal. His claim being disallowed he paid, under protest, a duty of 20 per cent less than the tariff rate on cigars and alcohol. On a haring by the Board of Appraisers his protest was overruled. That judgment was affirmed by the Circuit Court (157 F!d. Rep., 140) and. the case was brought here. PER CURIAM OPINIONS DELIVERED BY THE SUPREXE COURT OF THE UNITED STATES, OCTOBER TERM, 1908. Supreme Court of the United States. WENAR V. JONES, BISHOP OF PORTO RICO. (217 U. S., 593.) Appealfrom the Supreme Court of Porto Rico. No. 143. Submitted April 8, 1910. Decided April 25, 1910. In this case the decision appealed from, being merely an order to dismiss and not a determination on the merits, is not reviewable here and the appeal is dismissed for want of jurisdiction. Appellee contended that the decision appealed from is not in itself of a reviewable character, being merely an order dismissing an appeal and not a determination on the merits. Per curiam: Appeal dismissed for want of jurisdiction. (Harrington v. Holler,' 111 U. S., 796, and cases cited.) Supreme Court of the United States. JULIO AYBAR, APPELLANT, V. THE PEOPLE OF PORTO RICO. (218 U. S., 669.) Appeal from the Supreme Court of Porto Rico. Noe. 68 and 69. Argued December 7, 1910. Decided December 12, 1910. Per curiam: As jurisdiction in this court does not appear from the records in these cases, the appeal in each case is dismissed for want of jurisdiction. Mr. Jackson H. Ralston, Mr. F. L. Siddons, and Mr. William E. Richardson for appellant. Mr. Paul Charlton and Mr. Foster V. Brown for appellees. The headnote in this case is as follows: A decision of the Supreme Court of a Territory dismissing a writ of error to a district court beoause of failure to docket the cause in time is not a final judgment or decision within the meaning of the statutes regarding writs of error and appeals to this court. Mandamus is the proper remedy in such case. 695 696 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. ADA ELMIR.AHIRST VAN SYCKEL ET AL., APPELLANTS, V. JUAN JOSE ARsuAGA ET AL., PARTNERS AS SOBRINOS DE EZQUIAGA ET AL. (220 U. S., 601.) Appeal from the District Court of the United States for Porto Rico. No. 83. Argued March 7, 1911. Decided March 13, 1911. Per cur'&am: Dismissed for want of jurisdiction. St. Louis, Iron Mountain & S. R. R. Co. v. Expr'ess Co. (108 U. S., 24, 28); Southern Ry. Co. v. Postal Telegraph Cable Co. (179 U. S., 641, 644); Covington v. First National Bank (185 U. S., 270,277); Hbike v. United States ~21 7U. S., 423, 429). Mr. GeorgeHI. Lamar and Mr. N.B. K. Pettingill rthe appellants. Mr. Charles F. Carusi and Mr. Francis H Dexter for the appellees. OPINIONS OF THE ATTORNEY GENERAL OF THE UNITED STATES. (Vol. XXVII, p. 1.) To the Secretary of Agriculture, July 1, 1908. FOREST SERVICE-FURNISHING OF INFORMATION RESPECTING THE WORK OF THAT BUREAU. The Forester may lawfully distribute, in typewritten form, brief statements of facts collected by the Forest Service upon the general subject of forestry, the general work of the Forest Service, and the specific subjects for which investigations, tests, and other studies by the Forest Service are authorized by the agricultural appropriation act of May 23, 1908 (35 Stat., 259), not only to the chiefs of the Forest Service division stationed in Washington, D. C., and by mail under frank to inspectors and supervisors in the field, but also to State foresters and agricultural and forestry institutions, to individuals interested in such matters, to newspapers and magazines, etc., especially interested in forestry, and to writers for the newspaper and periodical press who request or are interested in the information. Such information requested by a newspaper or magazine writer or publisher may also lawfully be sent in the form of a letter. (Vol. XXVII, p. 12.) To the Secretary of the Interior, July 10, 1908. FILIPINOS-NATURALIZATION-HOMESTEAD LAWS. Section 30 of the act of June 29, 1906 (34 Stat., 606), provides for the naturalization of native Filipinos owing permanent allegiance to the United States, who are residents of one of the States or Territories of the United States. Such persons must make, or must have made since the passage of the act of June 29, 1906 (34 Stat., 596, 606), the declaration of his intention to become a citizen, required by section 30 of that act, at least two years before his application for naturalization, and must have resided five years within one of the insular possessions of the United States. (Vol. XXVII, p. 14.) To the Secretary of War, July 10, 1908. ARMY OFFICERS-RETIREMENT-INCAPACITY-COURT-MARTIAL. An officer of the Army found by a retiring board, duly organized and convened, to be "incapable of performing the duties of his office," may be, and ought to be, retired in accordance with the provisions of sections 1245 to 1252, Revised Statutes, without regard to the causes which may have led to such incapacity on his part. To be "incapable," within the meaning of the law, the officer must be either no longer responsible for his own actions or subject to infirmities or disabilities which make the reasonable fulfillment of his military duties impossible for him, notwithstanding an honest desire and firm purpose on his part to fully discharge them. 697 698 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. An officer of the Army can not be retired for incapacity, under the provisions of law, if he can properly be brought to trial by court-martial for the same acts or omissions which are alleged as evidence of the incapacity justifying his retirement. Even though such officer display impatience or irritability, imperfect control of his temper, indolence, indecision, and want of alertness in the performance of his duties to such an extent as to destroy or greatly impair his usefulness as an officer, he does not thereby necessarily become incapable of discharging his duties in such a sense as to justify his retirement. The punishment of an officer of the Army for willful failure to discharge his duty can not be legally effected through the agency of a retiring board. (Vol. XXVII, p. 19.) To the Secretary of War, July 24, 1908. PANAMA RAILROAD CO.-ANNUAL PAYMENT OF $250Y000 FOR ITS CONCESSION.. A claim made by the appropriate officers of the United States upon the officers of the Panama Railroad Co. for the $250,000 per annum which that company agreed to pay the Republic of Colombia for its concession would of itself imply a recognition by the United States Government of the agreement previously entered into by the railroad company as regards its concession and would render any formal reaffirmation thereof on the part of the United States unnecessary. When a new sovereign succeeds to the rights of one dispossessed of a territory in which concessions of a public character have been granted, it must be presumed, in the absence of express action on its part indicating unmistakably a contrary intention, to adopt and ratify the acts of its predecessor in respect thereto. The party entering into such a contract can not rightfully repudiate the terms of such concessions and thus release itself from the obligations imposed upon it by such existing contracts, merely because the sovereign with whom it contracted has been, through the vicissitudes of war or revolution, or as the result of a treaty of cession, succeeded by a different sovereign. Any individual or corporation dealing with a sovereign power does so with notice of all the necessary incidents of sovereignty, among which is the possibility that its sovereign power over the territory to which the contract relates may be transferred to another. The substitution of the United States in the several powers and rights held successively by New Grenada, Colombia, and Panama by reason of contractual relations with the Panama Railroad Co., or its predecessors in title, does not of itself affect the rights of the sovereign power of the United States under such contract, or make a formal reaffirmation of such rights on the part of the latter necessary. The action of the United States with regard to this railroad company amounts to a recognition of the previously existing contractual relations, which of itself would supply the place of a formal reaffirmation, if the same were necessary. If the obligation of the railroad company to make the annual payment was made dependent upon the observance by the sovereign power of those agreements to be fulfilled by it and contained in the contract in question, then a failure on its part in this regard releases the railroad company from any obligation to pay the money. If, however, such agreements are independent, then the failure of the sovereign power to observe such agreement, although it may, at least in theory, give a right of action to recover damages for such failure, does not affect the duty of the railroad company to perform its part of the contract. The agreement of the Colombian Government not to establish another railroad, being in derogation of its rights of sovereignty, is to be strictly construed, and can not be reasonably extended to a prohibition against permitting the establishment of a pipe line. When the-construction of the Panama Canal shall have caused injury to the business of the Panama Railroad, it would seem clear that the latter corporation would have, under article 2 of its agreement with the Republic of Columbia, a legal right to a reasonable indemnity. The agreement to indemnify the railroad from loss of business through the construction of the canal amounts to an altogether independent covenant, and a breach thereof in no way affects the duty of the railroad to pay the $250,000 per annum. The same is true with respect to the provision in article 5 granting to the railroad company the exclusive right to establish carriage roads across the Isthmus. OPINIONS OF THE ATTORNEY GENERAL. Assuming that the government of the 'Canal Zone, by authority of the President, has promulgated regulations controlling and directing the use of the ports and that this is in derogation of section 1 of article 6 of the agreement with the Colombian Government, there is nothing to show that the assumption of this duty has involved the railroad company in pecuniary loss, and there is no relation between the right of the railroad to regulate the ports under Colombian sovereignty and its obligation to pay $250,000 annually for the privileges granted. If the United States made the abandonment, as agent of the railroad company, of the 78,357 hectares of vacant land granted by section 3, article 9, of the concession, the act was either ineffective or else authorized by the company; and in either case it evidently could not constitute a violation of the contract made by the United States with the railroad company through its assumption of the obligations of the previous sovereigns, as expressed in their concessions. Even if it be conceded that article 8 of the treaty might form the basis of a just claim for indemnity by the railroad, it could not release the railroad from the payment of the annual stipend. Officers of the railroad company are not, by virtue of that fact, officers of the United States; but they are bound to protect the interests of the United States to the same extent that officers of a corporation are bound to protect the interests of its stockholders, and the Government of the United States can not overlook the fact that in dealing with the railroad it is dealing with its own property. (Vol. XXVII, p. 85.) To the Secretary oJ the Treasury, October 28, 1908. DEPORTATION OF A LEPER FROM THE DISTRICT OF COLUMBIA. There is no law of the United States which justifies the deportation from the District of Columbia, in order that the District may be relieved of his support, of a resident of North Carolina who, while temporarily in the city of Washington, D. C., was discovered to be afflicted with leprosy, which disease he probably contracted in the Philippine Islands while serving as an enlisted man in the Army of the United States; neither is there any law which authorizes the Secretary of the Treasury to makes rules or regulations under which such a person could be legally removed for the purpose named. The right of the Secretary of the Treasury to make regulations for such a deportation depends upon whether he considers the action necessary for the specific purpose of preventing the introduction of leprosy into a State or Territory or the District of Columbia from another State or Territory or the District of Columbia, but such rules, when made, must be general in their nature and can not apply to the case of a single individual. If the circumstances are such that the deportation of the leper to a designated locality would tend to prevent the introduction of the disease into States or Territories to which it might otherwise spread, and would therefore be an appropriate method of attaining the ends enumerated in section 3 of the act of February 15, 1893 (27 Stat., 450), then the question is within the administrative discretion of the Secretary of the Treasury. (Vol. XXVII, p. 104.) To the Secretary oJ the Treasury, November 30, 1908. IRIGATION BONDS OF PORTO RICO. The irrigation bonds of Porto Rico issued in conformity with the requirementsof section 38 of the organic act (31 Stat., 86) and sections 1 and 3 of the Porto Rictn act of September 18, 1908, will constitute a valid and binding obligation of the people and Government of Porto Rico, when they shall have been executed wiSh due formalities, and their issue and sale (made or proposed) has been authenticated by the executive council, acting upon the approval and adoption of plais and specifications for the irrigation system as required by local law, 700 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (Vol. XXVII, p. 113.) To the Secretary of the Treasury, December 4, 1908. CUSTOMS LAW-WITHDRAWAL OF WHISKY FROM BOND, TRANSPORTATION TO FOREIGN PORTS, AND REIMPORTATION. A withdrawal of whiskies from bonded warehouses under sections 3329 and 3330, Revised Statutes, and transportation thereof to foreign ports with the intention of holding the same for a time and then having them returned as reimportations of manufacturers of the United States, the purpose being to postpone payment of the taxes on the whiskies shipped, is not an exportation within the meaning of these sections. Such withdrawal, not being a bona fide exportation, is unlawful, and a forfeiture of the whiskies involved can be enforced if found within the jurisdiction of the United States. The parties withdrawing the same are also liable to punishment. To constitute a bona fide exportation it is necessary that the owner of the whisky should intend that it should not only be landed in a foreign port, but that it should enter into the commerce of some foreign country. (Vol. XXVII, p. 136.) To the Secretary of the Treasury, January 5, 1909. CANAL ZONE-PROCESS AGENTS-STATUTORY CONSTRUCTION. The Canal Zone is not within the contemplation of the act of August 13, 1894 (28 Stat., 279), which provides that surety companies doing business outside of the States or Territories under which they are incorporated shall appoint agents residing within the jurisdiction of the court where such suretyship is to be undertaken, upon whom process may be served. The principle that a matter may be within the intent of the law, though without the the letter, does not warrant going beyond what that intent can be regarded as embracing because it may be conjectured that, had the case been foreseen, Congress would have embraced it within the intent. (Vol. XXVII, p. 143.) To the Secretary oJ Agriculture, January 15, 1909. FOOD AND DRUGS ACT-ACETPHENETIDINE- " DERIVATIVE. " The word "derivative" in subsection 2 of section 8 of the food and drugs act of June 30, 1906 (34 Stat., 770), should be understood in its chemical sense. Acetphenetidine is to be considered a " derivative " of acetanilide, within the meaning of subsection 2 of section 8 of the food and drugs act, if it is so related to the latter substance that it would be rightly regarded by recognized authorities in chemistry as obtained from the latter 'by actual or theoretical substitution,'' and it is not indispensable that it should be actually produced therefrom as a matte, of fact. The food and drugs act must be so interpreted in regard to the labeling of drugs aw to give effect, if possible, to the purposes of that statute. It is within the power of the Secretaries of the Treasury, Agriculture, and Commerce and Labor, under section 3 of the food and drugs act of June 30, 1906 (34 Stat., 768), to promulgate a rule or regulation which requires that the name of the parent substance shall follow that of the derivative on labels placed on packages containing drugs which come within the provisions of section 8 of that act; but in the absence of such a rule no offense would be committed under the act by the omission, nor could the article for that reason alone be dealt with as misbranded. OPINIONS OF THE ATTORNEY GENERAL. 701 (Vol. XXVII, p. 167.) To the Secretary of War, February 10, 1909. LICENSE-PIPE LINE ACROSS THE ISTHMUS OF PANAMA-UNION OIL CO., OF CALIFORNIA. The license granted by the President on January 10, 1906, to the Union Oil Co., of California, to construct, operate, and maintain a pipe line over and across the Isthmus of Panama, one of the conditions being that the company should furnish the Isthmian Canal authorities with oil for fuel purposes at 90 cents per barrel, which license was revocable at the will of the President, may be abandoned at any time by the oil company without the consent of the President. As long as the oil company enjoys the license it must furnish the oil demanded, notwithstanding the optional character of the contract. The obligation of the oil company in this respect, while expressed as a condition, is in fact a consideration for the exercise of the license, and is not invalid for want of mutuality. The rights of the parties under the contract have not been modified by the fact that the Canal Commission has expended a large sum of money in adapting the boiler plants to oil fuel on the faith of the license and the price of oil mentioned in the contract. The oil company has the right to remove its pipe line upon the revocation or abandonment of the license and it can not be prevented from so doing by the Isthmian Canal authorities. (Vol. XXVII, p. 184.) To the President, February 18, 1909. CIVIL SERVICE-NAVY YARD REGULATIONS-MILITARY PREFERENCES. Section 1544, Revised Statutes, which requires that laborers in the several navy yards shall be employed with reference to their skill and efficiency and without regard to other considerations, must be construed in connection with section 1754, Revised Statutes, which provides that persons honorably discharged from the military or naval service by reason of disability, etc., incurred in the line of duty, shall be preferred for appointments to civil offices where they are found to possess the necessary business capacity to properly discharge the duties of such office. Regulations promulgated to give effect to these sections should provide that persons honorably discharged from the military or naval service by reason of disability resulting from wounds or sickness incurred in the line of duty, if fitted physically, mentally, and morally to discharge, with reasonable skill and efficiency, the duties of the position to be filled, are entitled to be selected in preference to others, although the latter may possess greater skill and efficiency. As between persons within the above-mentioned privileged class, relative skill and efficiency should be decisive as to the right of employment, and all other considerations should be subordinated thereto. With respect to all other persons, including those honorably discharged on account of expiration of enlistment or reasons other than disability incurred in the line of duty, superior fitness for the employment should be the decisive consideration; but where there is no appreciable difference in this respect between two applicants, then an honorably discharged soldier, sailor, or marine would be entitled to preference in conformity with the intendment of section 1755, Revised Statutes. The Secretary of the Navy may direct by what reasonable and appropriate tests such fitness or comparative fitness may be ascertained, and in the absence of any law, rule, or order on the subject, that matter would be left to the discretion of the appointing officer. The military preferences allowed by the present navy yard regulations, revised April 11, 1908, are in violation of the requirements of section 1544, Revised Statutes. The words "persons employed merely as laborers," in section 1 of Rule- II of the civil service rules, must be understood as including all those covered by the exception "any person merely employed as a laborer or workman," in section 7 of the civil service act. (22 Stat., 406.) Civilian employees at navy yards, other than laborers or workmen, are included within the classified service and are not exempted from competitive examination by the terms of schedule A of the civil service rules, but in so far as they come within the provision of section 3 of Rule III, are subjected to special tests of fitness to be prescribed in accordance with the terms of the latter rule. 702 LAWS BELATING TO INSULAR AND MILITARY AFFAIRS. (Vol. XXVII, p. 202.) To the President, February 19, 1909. PURE FOOD LAW-WHISKY-NEUTRAL SPIRITS DILUTED AND COLORED. Neutral spirits, diluted with water and colored with caramel, can not properly, under the provisions of the pure-food law, be designated as "neutral whisky," "rectified whisky," or "redistilled whisky." The Attorney General adheres to his opinions of April 10, 1907 (26 Op., 217), and of May 29, 1907 (26 Op., 263). (Vol. XXVII, p. 208.) To the Secretary of the Treasury, February 19, 1909. SURETY COMPANIES-BOND OF OFFICER ON DUTY IN CANAL ZONE. A surety company may be accepted as surety on the official bond of an officer of the Government who is to discharge his duties in the Panama Canal Zone, provided the surety company has appointed process agents in the judicial.district in which the principal in the bond resided at the time it was made or guaranteed, and in the judicial district in which the office is located to which it is returnable, and provided the company has also complied with all other legal requirements. Surety companies may, under the provisions of the act of August 13, 1894 (28 Stat., 278), appoint process agents in Porto Rico, but not in the Philippine Islands. (Vol. XXVII, p. 228.) To the Secretary of the Treasury, March 20, 1909. CUSTOMS LAW-DRAWBACK-STEAM EVAPORATOR AND STEAM PUMP USED IN CONSTRUCTION OF A DREDGE. Section 17 of the act of June 26, 1884 (23 Stat., 57), allowing drawback on vessels built in the United States for foreign account, wholly or partly of foreign materials on which import duties have been paid, was not repealed by section 7 of the act of August 27, 1894 (28 Stat., 509, 548), and 12 of the act of July 24, 1897 (30 Stat., 207), but continue in force. A dredge is a vessel within the meaning of section 17 of the act of June 26, 1884 (23 Stat., 57). Those appliances which are permanently attached to a vessel and which would remain on board were the vessel to be laid up for a long period are parts of the vessel itself. A steam pump and steam evaporator imported and used in the construction of a steam dredge are so attached to the vessel and are such essential and permanent parts of it that they are properly material used in the construction of the vessel within the meaning of section 17 of the act of 1884. T rawback should not be refused because the materials which compose the pump and evaporator were not assembled after importation but were purchased as a whole abroad. The act requires only that the vessel be built in the United States and not that each separate attachment or appliance be manufactured in this country. The drawback provision of section 17 applies not only to vessels exported on the decks of other vessels but applies also to vessels leaving the United States on their own bottoms. The amount of drawback ib regulated by the act of July 24, 1907, section 30 (30 Stat,, 211), and is 99 per cent of the duties paid, OPINIONS OF THE ATTORNEY GENERAL. 708 (Vol. XXVII, p. 300.) To the Secretary of Agriculture, April 14, 1909. FOOD AND DRUGS ACT-APPOINTMENT OF REFEREE BOARD, CONSULTING EXPERTS. The appointments made by the Secretary of Agriculture, of consulting scientific experts to aid in the enforcement of the provisions of the food and drugs act, payable from the appropriation "Laboratory, Department of Agriculture, general expenses: Bureau of Chemistry," were expressly authorized by the acts of March 4, 1907 (34 Stat., 1271), May 23, 1908 (35 Stat., 260-261), and March 4, 1909 (35 Stat., 1049). The appointment of the so-called Referee Board was also justifiable under the act of March 4, 1907, provided the sole function of the board was to investigate, report to, and advise the Secretary of Agriculture with respect to the enforcement of that act. Section 9 of the act of March 4, 1909 (35 Stat., 945, 1027), does not repeal the provisions of the appropriation act of that date, authorizing the Secretary of Agriculture to employ "such assistants, clerks, and other persons as he may consider necessary" to enable him to carry into effect the provisions of the food and drugs act, nor interfere with his submitting to a number of persons appointed pursuant to that act, for their consideration jointly as a committee or board and report to him for his information, any question upon which he is by law required to take action arising under that act. The commissions or boards referred to in section 9 of the act of March 4, 1909, are commissions or boards constituted without authority of law. (Vol. XXVII, p. 383.) To the Secretary of Commerce and Labor, June 2, 1909. IMMIGRATION-CONTRACT LABOR-SUPERINTENDENT OF A LUMBERING COMPANY. An alien induced to come to the United States by promise of employment as superintendent of a lumbering company, conditioned that he must be a competent woodsman, logger, and millman, and must be a first-class mechanic, does not come within the provisions of the immigration act of February 20, 1907 (34 Stat., 898), provided the agreement does not require him to perform manual labor. The provisions of the statute are limited to manual labor, skilled or unskilled. (Vol. XXVII, p. 412.) To the Secretary of the Navy, June 12, 1909. COAL LANDS IN ALASKA-CONSOLIDATION OF CLAIMS. The benefits of the act of May 28, 1908 (35 Stat., 424), authorizing the consolidation of claims or locations of coal lands in Alaska, can be shared only by persons who made such locations in good faith-that is, honestly and lawfully-prior to November 16, 1906, in their own interests individually, without fraud, collusion, or deceit, or any purpose to violate any provision of the law. If certain agreements or arrangements named, for transferring entries to a company or corporation, were entered into by locators of coal lands in Alaska after they had made their locations in good faith and in their own interest alone, such locations may, under the provisions of the act of May 28, 1906 (35 Stat., 424), lawfully pass to entry and patent in accordance with the terms of said act; but if these agreements or arrangements were entered into prior to such locations being made, the locations do not come within the provisions of the act and can not be lawfully passed to entry and patent. 28872~-S. Doc. 306, 62-2- 47 704 LAWS BELATING TO INSULAR AND MHITARY AFFAIBS. (Vol. XXVII, p. 421.) To the Secretary of Agriculture, June 19, 1909. EMPLOYEES OF THE FOREST SERVICE IN WASHINGTON-TRANSFER-THREE YEARS' SERVICE. Classified employees on the rolls of the Forest Service, Department of Agriculture, in Washington, are required by the terms of section 5 of the act of June 22, 1906 (34 Stat., 389, 449), to serve three years before their transfer to other departments is permissible. (Vol. XXVII, p. 479.) To the President, July f6, 1909. IMMIGRATION-HAWAII. The President is authorized to sign a blank form of letter addressed to officers of the United States abroad commending to their favorable consideration Mr. A. J. Campbell, an agent of the Hawaiian Government, who is being sent to the Azores and -Madeira to make arrangements for the transportation of immigrants from those islands to Hawaii, their passage being prepaid by the Hawaiian Government, and their immigration being induced solely by a representation of the resources of Hawaiian Islands and the industrial conditions existing there, without any offer or promise of employment being made to any of them, such persons to have perfect freedom of action in choosing their places of residence and vocations. Courts are inclined to construe statutes against contract alien laborers strictly, and seek to enforce the spirit rather than the letter of such acts. A Territorial government, such as Hawaii, is not a municipality or a quasi municipality. The act of March 22, 1909, of the Territorial legislature of Hawaii, providing a special tax of 2 per cent on incomes in excess of $4,000, three-fourths of the proceeds thereof to be used by the Territorial board of immigration for immigration purposes, is valid. The course being pursued by the Hawaiian Government is strictly within the alien contract labor law and the immigration laws of the United States. (Vol. XXVII, p. 507.) To the Secretary of Commerce and Labor, July 30, 1909. IMMIGRATION-CITIZENSHIP-DEPORTATION-ALIEN WOMAN MARRIED TO AN AMERICAN CITIZEN. An alien prostitute who entered the United States and was found an inmate of a house of ill fame and practicing prostitution within three years after landing, having been since lawfully married to a native-born citizen of the United States, is to be deemed a citizen, and can not be deported under the immigration laws for her conduct previous to her marriage. The words "who might herself be lawfully naturalized," in the act of February 10, 1855 (10 Stat., 604), and section 1994, Revised Statutes, refer to the class or race who might be lawfully naturalized, and compliance with the other conditions of the naturalization laws is not required. The immigration laws have not added to the classes ot persons incapable in their own right of naturalization. OPINIONS OF THE ATTORNEY GENERAL. 705 (Vol. XXVII, p. 578.) To the Secretary of Commerce and Labor, August f7, 1909. IMMIGRATION-MARRIAGE OF ALIEN WOMAN TO CITIZEN OF THE UNITED STATESEVIDENCE. The Secretary of Commerce and Labor has authority to consider the evidence connected with the marriage of an alien prostitute to a citizen of the United States, and subject to the principle that the validity of the marriage is to be determined by the law of the place where the contract is made, may deport the woman if the facts justify the conclusion that the ceremony was entered into merely for the purpose of evading the immigration law, and with no intention on the part of the parties to live together as husband and wife. (Vol. XXVII, p. 594.) To the Secretary of War, September 8, 1909. TARIFF ACT OF 1909-CANAL ZONE. The first clause of the tariff act of August 5, 1909 (36 Stat., 11), which provides that the rates of duty prescribed in the dutiable list of that section shall be levied, collected, and paid upon all articles imported from any foreign country into the United States or into any of its possessions (except the Philippine Islands and the islands of Guam and Tutuila), does not apply to the Canal Zone. The Canal Zone is not one of the possessions of the United States within the meaning of the tariff act of 1909, but rather a place subject to the use, occupation, and control of the United States for the purpose of constructing and maintaining a ship canal connecting the waters of the Atlantic and Pacific Oceans. (Vol. XXVII, p. 623.) To the Secretary of the Interior, September 24, 1.909. REGISTRATION OF TRADE-MARKS-RESIDENTS OF PHILIPPINE ISLANDS. Residents of the Philippine Islands have the right, under the act of February 20, 1905 (33 Stat., 724), to avail themselves of the provisions of the trade-mark law of the United States. (Vol. XXVIII, p. 24.) To the Secretary of the Navy, October 20, 1909. HOMICIDE COMMITTED ON HOSPITAL SHIP STATIONED AT OLONGAPO, P. I.-JURISDICTION. A homicide committed on board of the hospital ship Relief while stationed at Olongapo, P. I., by the acting master of the vessel, who committed this act by order of the commanding officer of the ship, occurred "out of the jurisdiction of any particular State or district," within the meaning of section 730, Revised Statutes, and the parties accused may be tried in any judicial district either in a State or a Territory of the United States into which they shall be first brought. The word "district," as used in section 730, Revised Statutes, includes every Territory within which there are courts regularly organized and having jurisdiction over offenses against the United States; that is, such courts as are mentioned in section 1910, Revised Statutes. The courts of the Philippioe Islands are not vested with jurisdiction in cases arising under the Constitution and laws of the United States, as prescribed by section 1910, Revised Statutes. 706 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (Vol. XXVIII, p. 70.) To the Secretary of the Treasury, November 12, 1909. PHILIPPINE INTERNAL-REVENUE STAMPS-FUNDS DERIVED FROM SALE. Funds derived from the sale of internal-revenue stamps in the Philippine Islands belong to the Philippine Government, under the provisions of section 4 of the act of March 8, 1902 (32 Stat., 54), and should be paid into the Philippine Treasury. This section remains in full force and effect, notwithstanding the provisions of section 5 of the tariff act of August 5, 1909 (36 Stat., 84, 85.) Where there are two acts upon the same subject they must stand together, if possible, but if they are repugnant in any of their provisions, the later act operates as a repeal of the earlier only so far as its provisions are repugnant to the provisions of the earlier act. (Vol. XXVIII, p. 99.) To the Secretary of the Treasury, December 16, 1909. MARKING OF IMPORTED LIQUORS-ENFORCEMENT OF SECTION 240 OF THE CRIMINAL CODE. It is not within the province of the Secretary of the Treasury to prescribe regulations governing the marking of imported liquors to conform to section 240 of the criminal code adopted by the act of March 4, 1909 (35 Stat., 1088). That section is a criminal statute, with no reference to the collection of internal revenue or duties on imports, and there is no statute authorizing the Secretary of the Treasury to formulate rules and regulations for the enforcement of a general criminal statute which has no relation to the collection of revenue. The Treasury Department may, however, instruct collectors of customs that when a package shipped from a foreign country or a place subject to the jurisdiction of the United States, but noncontiguous thereto, into the United States, containing intoxicating liquors, and clearly not labeled as required by that section, comes within the observation of a customs officer, he should sieze the same and have it declared forfeited by like proceedings as those provided to enforce forfeitures for violation of the customs laws. (Vol. XXVIII, p. 103.) To the Secretary of War, December 18, 1909. DISPOSITION OF FRIAR LANDS IN THE PHILIPPINE ISLANDS. The limitations in section 15 of the act of July 1, 1902 (32 Stat., 696), of the amount of public land which may be acquired by individuals and corporations in the Philippine Islands do not apply to estates purchased by the Philippine Government from religious orders pursuant to the authority of sections 63, 64, and 65 of said act. (Vol. XXVIII, p. 173.) To the Secretary of Commerce and Labor, February 8, 1910. FUR-SEAL SKINS ON VESSELS SEIZED-IMPORTATIONS. Fur-seal skins taken in waters outside of the 2-mile limit, but within the area described by section 1 of the act of December 29, 1897 (30 Stat., 226), and afterwards seized on schooners engaged in unlawful seal fishing within the 3-mile limit, are forfeitable to the United States and need not be destroyed as directed by section 9 of that act, as this does not constitute an importation within the meaning of that section. The word "importation," as used in the customs laws, is the bringing of goods into the ports of the United States for the purpose of introducing them into the commerce of the country. OPINIONS OF THE ATTORNEY GENERAL. 707 (Vol. XXVIII, p. 218.) To the Secretary of War, March 17, 1910. ISTHMIAN CANAL COMMISSION-AWARD OF CONTRACT FOR FURNISHING OILS. A contract for furnishing oils to the Isthmian Canal Commission may be awarded under the provisions of War Department circulars of December 11, 1909, and February 9, 1910, only to bidders who have acquired these products bona fide and in their own right, and not as middlemen or agents of such companies as have been adjudicated parties to an unlawful trust and monopoly. The advisory powers of the Attorney General do not extend to an examination of evidence to ascertain what is established by a preponderance of testimony, nor can he settle facts ex parte from papers submitted and then proceed to give an opinion thereon. (Vol. XXVIII, p. 227.) To the Secretary of Commerce and Labor, March 19, 1910. CENSUS OFFICE-CITIZENSHIP OF ENUMERATORS AND INTERPRETERS. The provision of section 10 of the permanent census act of March 6, 1902 (32 Stat., 53), which prohibits the employment in the Census Office of persons other than citizens of the United States, does not prevent the employment of persons as enumerators and interpreters who are not such citizens. The provision referred to was not, however, repealed by the act of July 2, 1909 (36 Stat., 1). The expression "all employees of the Census Office," in section 10 of the census act of 1902, does not relate to enumerators or interpreters. (Vol. XXVIII, p. 231.) To the Secretary of War, March 23, 1910. ISTHMIAN CANAL COMMISSION-AWARD OF CONTRACT FOR FURNISHING OILS. A contract for furnishing oils to the Isthmian Canal Commission may be awarded under War Department circular of December 11, 1909, to a bidder who, at the time the contract is entered into, satisfactorily shows that he has acquired these products bona fide and in his own right, either in immediate possession or for future delivery. The contract is not vitiated if these supplies are to be obtained from a prohibited company, provided that company has no interest whatever in the sale to the Government. (Vol. XXVIII, p. 239.) To the Secretary of War, April 1, 1910. ISTHMIAN CANAL COMMISSION-AWARD OF CONTRACT FOR FURNISHING OILS. A contract for furnishing oils to the Isthmian Canal Commission may be awarded to a bidder who either owns the oils, or, at the time the agreement is made, has a valid contract to have the oils supplied; and the contract is not to be withheld because the oils are to be obtained from a company prohibited from selling to the Government, providing said company has no interest in the award. The Attorney General declines to express an opinion upon hypothetical questions, nor will he enter into the consideration of disputed questions of evidence. (Vol. XXVIII, p. 245.) To the Secretary of War, April 15, 1910. PORTO RICO-LEGALITY OF BOND ISSUE. The issuance of bonds by the insular government of Porto Rico for the purpose of constructing roads and bridges as provided by an act of the legislative assembly of Porto Rico, approved March 10, 1910, not being in excess of 7 per cent of the aggregate tax valuation of its property, is legal. 708 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (Vol. XXVIII, p. 247.) To the Secretary of War, April 19, 1910. PANAMA CANAL-PURCHASE OF MATERIAL AND EQUIPMENT FROM UNLAWFUL TRUSTS. A contract for the purchase of material and equipment for use in the construction of the Panama Canal which, by a joint resolution passed June 25, 1906 (34 Stat., 835), and an Executive order of January 6, 1908, is required to be awarded to the lowest responsible bidder, can not be ignored simply because such bidder has been adjudicated to be a party to an unlawful trust or monopoly. The contracts of a party to an unlawful trust or monopoly for the sale and delivery of merchandise are enforceable under the law, and this is the test of a responsible bidder under the provisions above referred to. (Vol. XXVIII, p. 258.) To the Secretary of State, April 29, 1910. PHILIPPINE ISLANDS-CORPORATIONS HOLDING REAL ESTATE. Neither a corporation formed in Belgium to acquire and possess lands in the Philippine Islands, nor any other foreign or domestic corporation authorized to engage in agriculture, may legally purchase or hold more than 1,024 hectares of land in the Philippine Islands. (Vol. XXVIII, p. 262.) To the Secretary of the Navy, April 29, 1910. PHILIPPINE ISLANDS-TRANSFER OF LANDS RESERVED FOR NAVAL PURPOSES TO WAR DEPARTMENT. The President has authority to transfer the use and control of lands in the Philippine Islands, reserved by Executive order for naval purposes, to the War Department for military purposes. Opinion of November 3, 1904 (25 Op., 269), approved. (Vol. XXVIII, p. 318.) To the Secretary of Agriculture, May 18, 1910. PURCHASE OF DEER SKINS IN ALASKA DURING CLOSED SEASON. The Secretary of Agriculture has no authority to allow a manufacturer in Alaska to purchase deer skins in that Territory during the closed season, for the purpose of manufacturing the skins into gloves and other novelties to be shipped beyond the boundaries of the Territory, notwithstanding the hides are claimed to have been accumulated from the legal kill since the Alaska game law of May 11, 1908 (35 Stat., 102), became operative. Section 4 of the act of May 11, 1908 (35 Stat., 103), forbids traffic in the hides, skins, or heads of game animals in Alaska at any time during the closed season. This includes purchase as well as sale. (Vol. XXVIII, p. 321.) UNITED STATES DISTRICT COURT, PORTO RICO-SIGNING BILL OF EXCEPTIONS. Where the United States district judge for the district of Porto Rico left the jurisdiction before signing a bill of exceptions, he should return to Porto Rico and sign it; but in case that can not be done, the bill of exceptions should be prepared and agreed upon by counsel on both sides, and counsel should stipulate that it is correct and that the judge may allow and sign the same outside of his district. OPINIONS OF THE ATTORNEY GENERAL. 709 (Vol. XXVIII, p. 391.) To the Secretary of War, July 26, 1910. RAISING OF THE BATTLESHIP " MAINE" AND INTERMENT OF THE BODIES FOUND THEREIN. The acts of May 9, 1910, and June 25, 1910 (36 Stat., 353, 789), making appropriations for raising the battleship Maine and the interment of the bodies found therein contemplated the actual raising of the vessel and the interment of the bodies, and not the mere preliminary preparation for that work. The provision in the act of June 25, 1910, "Making an appropriation for raising the battleship Maine," is not invalidated by erroneously reciting that the act of May 9, 1910, was approved May 10, 1910. (Vol. XXVIII, p. 422.) To the Secretary of War, September 19, 1910. PHILIPPINE ISLANDS-ENTRY OF GOODS FROM. Section 14 of the tariff act of August 5, 1909 (36 Stat., 87), which prohibits the importation from foreign countries of goods made in whole or in part by convict labor, does not apply to goods coming into the United States from the Philippine Islands. The Philippine Islands are not a "foreign country" within the meaning of the abovementioned section. The word "imported," in tariff laws, refers to merchandise entering the United States from foreign countries, and is never used with reference to shipments from domestic territory. (Vol. XXVIII, p. 448.) To the Secretary of the Interior, October 18, 1910. ALASKAN COAL LANDS-PAYMENT OF PURCHASE PRICE BY ENTRYMAN PENDING A PROTEST. The payment required by section 2 of the act of April 28, 1904 (33 Stat., 525), to be made by locators of Alaska coal lands, as a condition precedent to patent therefor, need not be made, in cases where protest is filed, until after the termination of the protest. (Vol. XXVIII, p. 491.) To the Secretary of War, December 1, 1910. AMERICAN RAILROAD CO. OF PORTO RICO-ASSIGNMENT TO-EXEMPTION FROM TAXATION. The Legislative Assembly of Porto Rico did not exceed its powers in granting to the Compafila de los Ferrocarriles de Puerto Rico, in an act passed February 4, 1902, an exemption from taxation upon its railroad lines and property theretofore built and acquired by it, as well as the railroad lines and property thereafter to be built and acquired by it. The exemption applies only to those lines and property which were the possession of that company, and was not assignable. Consequently it does not apply to railroad Jines or property built or acquired by subsequent purchasers, lessees, or operators. The exemption does not extend to the American Railroad Co. of Porto Rico, Central Aguirre, operator, to which company the Companfia de los Ferrocarriles leased all its property, notwithstanding the fact that the executive council on July 22, 1902, by an ordinance, authorized the latter company to assign to the Amerfcan Railroad Co. the right to construct, maintain, and operate the railroad line from Ponce to Guayama, the building of which had been authorized by ordinance of the executive council on October 28, 1901, and notwithstanding the ordinance of assignment was afterwards approved by the President. 710 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Immunity from taxation must be construed most strongly against the grantee and will not be held assignable in order to pass to a purchaser on a sale, under mortgage, or otherwise without express authorization. (Vol. XXVIII, p. 511.) To the Secretary of the Navy, December 7, 1910. REMOVAL OF FLOATING DRY DOCK FROM ALGIERS, LA., TO GUANTANAMO, CUBA. The President has no power, in the absence of an emergency making such action imperative for the protection of the interests of the Government, to remove to the naval station at Guantanamo, Cuba, the floating dry dock which was constructed and located at the naval reservation at Algiers, La., under the provisions of the act of May 4, 1898. (30 Stat., 379.) (Vol. XXVIII, p. 564.) To the Secretary of War, January 19, 1911. PANAMA RAILROAD ---TARIFF RATES. In view of the concession contracts between the Panama Railroad Co. and the Republic of Colombia whereby "Colombian products" were to be transported at one-half the established freight rates, and the order of the chairman of the Isthmian Canal Commission dated October 25, 1906, extending the reduced rates to Panaman products "both of the soil and manufacture," and in view of the construction placed upon the order of the commission by the railroad company, that the provision applies, as to manufactured products, only as to such as are made from natural products produced entirely in Panama: Recommended, That the order of the commission be restricted to the meaning placed upon it by the railroad company. PRINCIPAL OFFICIALS OF THE PHILIPPINE ISLANDS, PORTO RICO, HAWAII, ALASKA, GUAM, TUTUILA, AND CUBA ON DECEMBER i, 1911. PHILIPPINE ISLANDS. THE PHILIPPINE COMMISSION. President: W. Cameron Forbes. Member: Dean C. Worcester. Member: Charles B. Elliott. Member: Gregorio Araneta. Member: Newton W. Gilbert. Member: Jos6 R. de Luzuriaga. Member: Rafael Palma. Member: Juan Sumulong. Member: Frank A. Branagan. Secretary: George C. Schweickert. EXECUTIVE, Governor General: W. Cameron Forbes. Vice Governor: Newton W. Gilbert. Secretary of the Interior: Dean C. Worcester. Secretary of Commerce and Police: Charles B. Elliott. Secretary of Finance and Justice: Gregorio Araneta. Secretary of Public Instruction: Newton W. Gilbert. JUDICIARY, Supreme Court. Chief Justice: Cayetano S. Arellano. Associate Justices: Florentino Torres, Victorino Mapa, E. Finley Johnson, Adam 0. Carson, Sherman Moreland, Grant T. Trent. Reporter: David Lewis Cobb. Clerk: J. E. Blanco. Deputy Clerk: Vicente Albert. PORTO RICO. Governor: Geo. R. Colton. Secretary: M. Drew Carrel. Auditor: J. W. Bonner. Treasurer: Samuel D. Gromer. Attorney General: Foster V. Brown.1 Commissioner of Education: Edwin Grant Dexter.2 Commissioner of the Interior: John A. Wilson. Director of Health, Charities, and Correction: Juan Vias Ochoteco. Executive Council: Samuel D. Gromer (president), M. Drew Carrel, Jos6 C. Barbosa, Edwin Grant Dexter, Foster V. Brown, John A. Wilson, John W. Bonner, Luis S8nchez Morales, Martin Travieso, jr., Rafael del Valle, Juan Vfas Ochoteco. 'Wolcott H. Pitkin, Jr., of New York, nominated Mar. 18 1912, vice Foster V. Brown, resigned. 'Edward M. Nainter. of Missouri, nominated Apr. 9, 1912, vice Edward Grant Dexter, resigned Confirmed by Senate May 1, 1912. 711 712 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. HAWAII. Governor: W. F. Frear. Secretary: E. A. Mott-Smith. Attorney General: A. Lindsay, jr. Treasurer: D. L. Conklirg. Commissioner of Public Lands: C. S. Judd. Superintendent of Public Works: M. Campbell. Superintendent of Public Instruction: W. T. Pope. Auditor: J. H. Fisher. Surveyor: W. E. Wall. President of Board of Health: J. S. B. Pratt. High Sheriff: W. Henry. Private Secretary to Governor: C. H. Medcalf. ALASKA. Governor and ex officio Superintendent of Public Instruction and Schools; Walter E. Clark, Juneau. Commissioner of Education: E. E. Brown, Washington, D. 0. Secretary to Governor: William W. Shorthill, Juneau. Ex officio Secretary of Alaska: William L. Dustin, Juneau. Delegate to Congress: James Wickersham, Fairbanks. Judge, Division No. 1: Thomas R. Lyons, Juneau. United States District Attorney, Division No. 1: John Rustgard. Judge, Division No. 2: C. D. Murane, Nome. United States District Attorney, Division No. 2: B. S. Rodey. Judge, Division No. 3: Edward E. Cushman, Valdez. United States District Attorney, Division No. 3: George R. Walker. Judge, Division No. 4: Peter D. Overfield, Fairbanks. United States District Attorney, Division No. 4: James J. Crossley. GUAM. Governor: Capt. George R. Salisbury. TUTUILA. Governor: Commander William M. Crose. CUBA. Heads of Executive Departments. Department of State: Manuel Sanguily. Department of Justice: Juan M. Menocal. Department of Government: Geraldo Machado. Department of Finance: Rafael Martinez Ortiz. Department of Public Works: Jos6 M. Bab6. Department of Public Instruction and Fine Arts: Mario Garcia Kohly. Department of Agriculture, Industry, and Commerce: Dr. Emilio del Junco. Provincial governors. [Elected on Aug. 1,1908.] Name. Province. Party. Col. Indalecio Sobrado..................... Pinar del Rio............... Conservative. Gen. Ernesto Asbert..................... Habana............ Liberal. Col. Domingo Lecuona.......................... Matanzas............ Conservative. Gen. Jose Luis Robau....................... Santa Clara............. Do. Gen. Gustavo Caballero....................... Camagiiey....................Liberal Col. Rafael Manduley del Rio..........riente.............. Do. NOTE.-Dr. Julio de Cardenas, Conservative, was on the same day elected alcalde municipal (mayor) of the city of Habana. INDEX. Page. ABARCA, SUc.SORES DE, appropriation for payment of claim of.............. 86 ALASKA: Agriculture, appropriation for farm management and practice......... 29 Army appropriation bill, provisions applicable to Alaska.............. 61, 64 Barracks at Sitka, appropriations for.................................. 70 Boundary line between, and Canada, appropriation for survey of....... 8, 26, 27 Cable and telegraph system, appropriations............................. 44 CensusAppropriations for................................................ 217 Provisions of act providing for, applicable to........................ 217 Coal landsConsolidation of claims, opinion of Attorney General................ 703 Exclusion of Alaska from provision for agricultural entries on........ 12 Payment of purchase price by entryman pending a protest, opinion of Attorney General............................................... 709 Contingent expenses, allowance of...................................... 82 Court expenses, appropriations............................... 3, 17, 37, 421,530 Deerskins, purchase of, during closed season, opinion of Attorney General.. 708 Delegate from, pay, clerk hire, and stationery.................... 376,398, 526 Education of natives, appropriations and allowances.................. 16, 36, 89 Experiment stations, establishment and maintenance................... 30 Fisheries, appropriation......................................... 17,18, 37, 38 Forest ServiceAppropriations for.......................................... 9,10, 29, 528 Experiment station and sale of products..................... 393 GameAct for the protection of............................................ 32 Appropriation for protection of..................................... 16,36 Government, appropriation for..................................... 11, 28 Insane, act to provide for the care and support of.. 16, 24, 36 Insecticide act, provisions applicable to Alaska.......................... 391 Investigation, appropriation for expenses of joint committee............. 39 Judiciary, act to codify, revise, and amend laws relating to.............. 451 Justice, Department of, appropriations under..................... 17, 30, 31, 37 Life-Saving Service, appropriations for station in......................... 34 Lighthouse Establishment, appropriations for........................... 425 Liquor traffic, appropriation for suppression of............................ 36 Marine Barracks, appropriations for...................................... 30,54 Military and post roads, construction and maintenance.................... 64 Mineral entries, extension of time for filing adverse, etc................... 10 Mineral resources, appropriation for investigation......................... 3,25 Miner's labor lien, act to create, establish, and enforce in........... 9-24 Mines, appropriation for inspectors, etc................................. 15, 35 National defense secrets, provisions of act applicable to.66 Navigation, aids to, appropriation for................................... 12,37 Officials of................................. 712 Post Office Department and postal equipment, appropriations. 8, 9, 31, 32, 392,529 Postal savings depositories, provisions of act creating applicable to....... 429 Public buildings, appropriations................... Public lands: Appropriation for surveys in...................................... 34, 35 Provisions of act authorizing President to withdraw applicable to.... 439 Survey........................................................... 15 713 714 INDEX. ALASKA —Continued. page Pupils, appropriation for collection and transportation........ 4,27 Support of, at Indian school, Salem, Oreg........................... 4 Railways, extension of time for construction of line by Alaska Short Line Railway & Navigation C............................................. 10 Reindeer, allowance of claim for................................... 82 Appropriation for................................. 16,36,86 Remains of officers, soldiers, and civilian employees who died abroad.... 55 Retired officers who may serve as road commissioners.................... 64 River and harbor appropriations..................................... 13,25,26 Roads, trails, and bridges, military and post, appropriation........... 46 Seal fisheries: Act to protect...................................................... 5-8 Appropriation for Revenue-Cutter Service to protect........... 34 Seamen, relief and protection of American........................... 392,450 Surveyors general, appropriations................................... 12, 28, 29 Telegraphs and cables, reimbursement to Western Union Telegraph Co.. 56 Uniform of the United States, act to protect and honor, provisions of, applicable to Alaska.................................................... 60 Washington-Alaska military cable and telegraph system, appropriations... 61 ALASKA-YuKoN-PACIFIC EXPOSITION, appropriations......................... 1,2 ALVAREZ Y SANCHEZ V. UNITED STATES, appeal from the Court of Claims, decision of the Supreme Court of the United States........................ 655 AMERICAN RAILROAD CO. OF PORTO RICO, opinion of Attorney General re assignment to, exemption from taxation................................... 709 ANDREWS, LINCOLN C., act for the relief of.................................. 90 APIA, SAMOAN ISLANDS, act to ascertain damages and losses sustained on account of naval operations....................................................... 85 ARBITRATION, convention for the pacific settlement of international disputes.. 547-568 ARMS, appropriation for manufacture of.................................... 47 ARMY: AppropriationsAlaska military and post roads, bridges, and trails.................... 46 Arrears of pay..................................................... 74 Barracks and quarters, Philippine Islands........................... 47, 55 Clerks, messengers, and laborers at headquarters of divisions, etc.... 61 Contingencies, military information section, General Staff Corps.... 43 Disposition of remains of officers, soldiers, civilian employees, etc.... 55 Engineer Department, fortifications in the Philippine Islands....... 51, 52 Filipino soldiers, care of insane..................................... 47, 65 Fortifications...................................................... 51, 52 Harbor boats....................................................... 46 Horseshoers and farriers............................................ 44 Medical Department, care of insane Filipino soldiers................. 47 Military Academy.................................................. 48 Military information section, General Staff Corps.................... 60 Nurses and Nurse Corps........................................... 44,45 Ordnance Department, manufacturing, etc., arms................ 47 Pay Department, for payment of exchange by special disbursing officers.......................................................... 61 Philippine Scouts................................................. 45,46 Porto Rico Regiment of Infantry................................... 45, 62 Quartermaster's Department.................................... 46,47, 63 Signal Corps, extra pay to enlisted men employed on Alaskan cable.. 45 Staff corps and staff departments, officers of......................... 44 Subsistence Department........................................... 63 Transport service................................................. 46 Canadian department of public works, reimbursement to................ 42 Commissions to officers retired or advanced on the retired list with advanced rank................................................................. 72 Engineer CorpsAssignment of graduating cadets.................................... 59 Details of assistant engineers....................................... 59 Eligibility for appointment from civil life........................... 59 Extension of increase over period of five years........................ 59 Filling vacancies in grade of second lieutenants...................... 59 Increased.......................................................... 59 INDEX. 715 AiRMY-Continued. Engineer Corps-Continued. Page. Original vacancies................................................. 59 Pay of officers on river or harbor duty................................ 59 Engineer department, contingent expenses for operations of, in Philippine Islands........................................................... 65 Medical departmentAmendment of act providing for retirement of officers................ 72 Retirement of officers of Medical Reseive Corps....................... 51 MilitiaAct to promote efficiency of........................................ 49, 50 Credits in accounts of States, etc., for participation in Army maneuvers.................................................. 41 Officers, opinion of Attorney General re retirement, incapacity, courtm artial........................................................... 697 Ordnance Department, line officers, promotion to rank lost by regimental promotion.......................................................... 65 Paymasters' clerks, pay and allowances of............................... 62 Quartermaster's Department, increase in number of officers of......... 63 Relief of soldiers and sailors who enlisted or served under assumed names.. 57 Transport service, accommodations to Revenue-Cutter Service, Young Men's Christian Associations, to Guam................................ 64 Transportation and supplies............................................ 64 VolunteersDecision of department as to date of muster conclusive............... 49 War with Spain, appropriation..................................... 42 ARTICLES OF WAR, act to modify one hundred and twenty-second and one hundred and twenty-fourth................................................. 42,43 ATLANTIC, GULF & PACIFIC CO. V. GOVERNMENT OF THE PHILIPPINE ISLANDS, appeal from and error to the Supreme Court of the Philippine Islands, decision of the United States Supreme Court................................ 675 ATTORNEY GENERAL OF THE UNITED STATES. See OPINIONS OF ATTORNEY GENERAL. AUGUSTINIANS, ORDER OF, act to provide for payment of claims of, in Philippine Islands............................................................ 83 AUTOMATIC SUBMARINE CONTACT MINES, convention relative to the laying of. 598-603 AWARDS, appropriation for payment of, made by Spanish Treaty Claims Comm ission................................................................. 77-79 AYBAR, JULIO, APPELLANT v. THE PEOPLE OF PORTO Rico, appeal from the Supreme Court of Porto Rico, per curiam opinion of United States Supreme Court................................................................... 695 BALLOONS, declaration prohibiting the discharge of projectiles and explosives from................................................................... 630-632 BARRACKS, MARINE CORPS, appropriations for................................ 54, 70 BARRACKS AND QUARTERS, PHILIPPINE ISLANDS, appropriations for....... 55, 64, 65 BATISTA, MELCHOR, OF CUBA, authority for admission to Military Academy.. 75 BEEF, furnished Army in Cuba, appropriation for payment.................. 82 BLANCO V. HUBBARD, UNITED STATES MARSHAL FOR PORTO Rico, appeal from the district court for Porto Rico, decision of the United States Supreme Court................................................................... 684 BOMBARDMENT BY NAVAL FORCES IN TIME OF WAR, convention concerning. 603-608 BUMPUS, CAMP, PHILIPPINE ISLANDS, appropriation for replacing barracks and quarters destroyed by cyclone............................ 55 BUREAU OF INSULAR AFFAIRS, detail of additional officer as assistant........ 44 CAMP BUMPUS. See BUMPUS, CAMP. CAMP KEITHLEY. See KEITHLEY, CAMP. CANADIAN DEPARTMENT OF PUBLIC WORKS, reimbursement to.............. 42 CAPTURE IN NAVAL WAR, convention relative to certain restrictions with regard to the exercise of the right of......................... 617-621 CARROLL, JAMES, late major andsurgeon, United States Army, appropriation for payment to widow of.................................................... 45 CASWELL, CHARLES A., act for the relief of................................. 89,126 CENSUS, act to provide for Thirteenth and subsequent.................... 217-230 Amendment of act providing for taking of............................ 378, 379 Appropriation for Thirteenth Decennial................................. 217 Special agents, compensation of................................. 376, 442 Opinion of Attorney General re citizenship of enumerators and interpreters. 707 716 INDEX. Page. CHANTANGCO v. ABAROA, error to the Supreme Court of the Philippine Islands, decision of the United States Supreme Court............................. 674 CHINESE SUBJECTS, joint resolution authorizing admission to West Point.... 74 CITIZENSHIP of enumerators and interpreters of census, opinion of Attorney General.........707............................... 707 CIVIL SERVICE, opinion of Attorney General re navy yard regulations, military preferences.............................................................. 701 CLAIMS: Allowed by Auditor for theTreasury Department.............................................. 86 Navy Department.................................................. 86 Interior Department................................................ 86 CLAIMS, COURT OF. See COURT OF CLAIMS. COAL LANDS IN ALASKA: Opinion of Attorney GeneralRe consolidation of claims........................................ 703 Re payment of purchase price by entryman pending a protest....... 709 COAST AND GEODETIC SURVEY, appropriations for......................... 425, 426 COLOMBIA, annual payment to, under treaties............................... 121 COMMERCE COURT, act creating.......................................... 400-423 COMMERCIAL AGREEMENTS: W ith Italy.......................................................... 639-641 With Great Britain.................................................. 641-642 With other countries, list of........................................... 643,644 CONSTITUTION OF THE UNITED STATES, proposed amendment to....... 376 CONTROLLER RAILWAY & NAVIGATION Co., act to authorize construction of bridges over Bering River................................................. 32, 33 COPPER RIVER & NORTHWESTERN RAILWAY Co., authority to construct bridge across Copper River...................................................... 3, 4 COPYRIGHTS, proclamation regarding extension of benefits to aliens......... 646, 647 CORPORATION TAX, appropriation for expenses of collecting................... 375 CORREGIDOR ISLAND, P. I., electric-power plant, appropriation for............ 73 COSTA RICA, act for relief of earthquake sufferers............................. 121 COURT OF CLAIMS, act and appropriations providing for payment of judgments rendered by................................................ 81,82,85,86,89 COURTS, UNITED STATES, appropriations for............................... 425,530 CUBA: Admission of students to Military Academy.............................. 49 Beef furnished to Army in, appropriation for payment of judgment in favor of Swift & Co....................................................... 82 Detail of Army officers under Government of............................. 49 Officials of............................................................. 712 Rifles, permission to sell to.............................................. 47 CUSTOMHOUSE BROKERS, act to license................................... 397, 398 CUSTOMS OF WAR ON. LAND, convention respecting. 576-591 DEBTS, convention respecting the limitation of the employment of force for the recovery of contract................................................. 568-572 DEERSKINS, opinion of Attorney General re purchase of, in Alaska during closed season............................................................. 708 DELEGATES AND RESIDENT COMMISSIONERS: Appropriations forClerk hire......................................................... 398 Mileage......................................................... 527 Pay of.................................................. 98 Stationery........................................................ 399 DISPUTES, convention for the pacific settlement of international............ 547-568 DOMINICAN REPUBLIC, extradition, convention with the United States...... 632-638 DOMINICANS, ORDER OF, act to provide for payment of claims of. 83 DOWDELL v. UNITED STATES, error to the Supreme Court of the Philippine Islands; decision of the United States Supreme Court....................... 688 DRY DOCK, opinion of Attorney General re removal of from Algiers, La., to Guantanamo............................................................. 710 DRY DOCK " DEWEY," overhauling and repairing of......................... 57 DUTCH GUIANA, parcel-post agreement with...... 540-546 ELECTIONS, act authorizing holding of special in Hawaii on question of manufacture of intoxicating liquors, etc....................................... 112,113 INDEX. 717 Page. EL PASO & NORTHEASTERN RAILWAY CO. V. GUTIERREZ, ADMINISTRATRIX, decision of the Supreme Court........................................... 652 ENLISTED MEN: Care of insane Filipino.................~................................ 47,65 Extra pay to those of the line and Signal Corps employed on Alaskan cable. 61 Relief of those enlisting or serving under assumed name................. 57 ENRIQUEZ v. GO-TIONGCO, appeal from the Supretne Court of the Philippine Islands; decision of the United States Supreme Court...................... 684 ETHNOLOGICAL RESEARCHES AMONG NATIVES OF HAWAII, appropriation...... 117 EXPERIMENT STATIONS, appropriations for............................ 393, 394,528 ExPosrrION, PANAMA CANAL, invitation to foreign countries to participate.... 70 EXTRADITION, convention between the United States and the Dominican Republic for.................................................. 632-638 FABER V. UNITED STATES, appeal from the United States Circuit Court for the Southern District of New York; decision of the United States Supreme Court................................................................... 693 FAR EASTERN AFFAIRS, DIVISION OF, appropriation for maintenance of...... 375 FILIPINO SOLDIERS, appropriation for care of insane.......................... 47, 65 FOOD AND DRUGS Acr, opinion of Attorney General re appointment of referee board, consulting experts...................................... 703 FOREIGN TRADE AND TREATY RELATIONS, appropriations.................... 375 FORESTRY BUREAU, joint resolution authorizing investigation of.... 440-442 FOREST SERVICE: Appropriation for general expenses................................... 527,528 Employees, opinion of Attorney General re transfer of..................... 704 Opinion of Attorney General re furnishing information respecting work of bureau........................................................... 697 FORTIFICATIONS, appropriations for................................... 51, 52, 71, 72 FRAENKL v. CERECEDO IHERMANOS, appeal from the District Court of the United States for Porto Rico; decision of the Supreme Court of the United States.... 656 FREEMAN V. UNITED STATES, error to the Supreme Court of the Philippine Islands; decision of the Supreme Court of the United States................ 670 FRIAR LANDS: Act to provide for payment of..................................... 83 Opinion of Attorney General re disposition of......................... 706 FUR-SEAL SKINS, on vessels seized, importations....................... 706 GARCIA MAYTIN v. VELA, appeal from the Supreme Court of Porto Rico, decision of the Supreme Court of the United States................................ 658 GAVIERES V. UNITED STATES, error to the Supreme Court of the Philippine Islands, decision of the United States Supreme Court...................... 685 GENEVA CONVENTION, convention for adaptation to maritime warfare of the principles of.................................... 608-616 GEOLOGICAL SURVEY, investigation of mineral resources of Alaska, appropriation for.................................................................. 25 GERMANY, patent agreement between United States and................... 536, 537 GRAND JURY, summons to attend district or circuit court................... 383 GREAT BRITAIN, commercial agreement with.................... 641, 642 GUAM: Barracks and quarters, appropriation for................................ 70 Buildings for lepers................................................... 54 Lepers, appropriation for care of...................................... 68 Naval station, appropriation............................................ 68 Officials of............................................................. 712 Transportation on Army transports of private merchandise................ 46 Transportation to, on Army transports........................... 64 GUANTANAMO, CUBA, naval magazine at, appropriation for...........69 GUANTANAMO NAVAL STATION, appropriation for emergency repair installation. 68 HALL, W. A., authority to construct and operate railroad on island of Hawaii.. 110 HAWAII: AppropriationsContingent expenses........................ 103 District court.................................................... 104,116 Government of........................................... 103,109,115 Indebtedness restricted............................................ 97 Judiciary........................................................ 103,115 Legislative expenses.............................................. 104 718 INDEX. HAWAII-Continued. Page. Appropriations-Continued. Legislature to make.............................................. 97 Public buildings....................................... 106-108 Salaries of governor, justices, and judges............................. 109 Bonds of indebtedness; restrictions on issue.............................. 98 Cavalry post, appropriation fr............................................ 55 CensusAppropriations for expenses of......................... 217 Provisions of act providing for, applicable to......................... 217 Delegate, appropriation for pay, clerk hire, and stationery........ 103,476,526 District court, appropriation........................................ 104, 116 Elections, act providing for a special election........................... 112 Ethnological researches among natives of............................ 117 Experiment stations, appropriations and sale of products.......... 393, 527, 528 GovernmentAct to amend act providing government for...................... 96-103 Appropriations for............................................. 103,109,115 Harbor improvements............................................. 114 Honolulu naval station, appropriation for improvement of............... 54 Immigration, opinion of Attorney General.............................. 704 Insecticide act, provisions applicable to............................... 391 Judges and jurors, disqualifications of............................... 101,102 Laws of United States applicable in...................................... 97 LegislatureCompensation of members increased................................ 97 Extra sessions for appropriation bills................................ 97 To make appropriations............................................ 97 Leprosy hospital, appropriation for................................... 108,117 Marine barracks, appropriation for...................................... 54 National-defense secrets, act to prevent disclosure of, provisions applicable to................................................................... 115 Naturalization, status of records, certificates, etc., prior to June 29, 1906.. 103 Officers, increase of salaries............................................. 102 Officials, list of........................................................ 712 Pearl Harbor, appropriations......................................... 42, 53, 54 Postal equipment, appropriations for........................... 392, 529 Public buildings................................................. 106,108 Public landsAgricultural landsCrops on leased lands........................................ 100 Opening to homestead entry................................... 100 Rights of residence owners...................................... 101 Surveys for homestead entries.................................. 100 Area and expenses...................................... 101 Authority of commissioner........................................ 101 Citizenship required................................................ 98 Commissioner to control, etc....................................... 101 Exchanged lands, status of........................................ 101 Forfeiture for violations............................................ 99 Lands for public utilities........................................... 100 Leases of agricultural, pastoral, or waste lands........................ 100 Limit of area or value.............................................. 99 Limitation of issue of certificates, leases, and agreements.............. 98 Patents to religious organizations................................... 99 Preference to present residents..................................... 99 Lessees excluded............................................... 99 Proceedings to secure lands......................................... 99 Residence lots, sale of............................................. 100 Reservation for forest, etc., purposes................................. 101 Transfers to corporations or aliens restricted......................... 98 Public propertyCare of transferred property......................................... 102 Status of restored property.......................................... 102 Title to property for public uses.................................... 102 Transfers to political subdivisions.................................. 102 INDEX. 719 HAWAII-Continued. Page Quarantine system, appropriations...................................... 117. Railroads, ratification of act of legislature authorizing W. A. Hall to construct and operate a railroad on the island of Hawaii.................... 110 Rivers and harbors, appropriations for....................... 42,53,54,104-106 Salaries of officers, increase.............................................. 102 Seacoast batteries and defenses, appropriations for.................... 55, 71, 73 Seamen, relief and protection of American in............................ 392 Searchlights for defensive purposes...................................... 71 Shipping commissioner, appropriation for................................ 115 Tariff, provisions of, applicable to....................................... 230 Weather Bureau, appropriations for............................... 393,527,528 White-slave traffic act, provisions applicable in........................... 435 HAWAIIAN TRUST CO. (LTD.) ET AL. V. VON HOLT ET AL., TRUSTEES, appeals from the Supreme Court of the Territory of Hawaii, decision of the Supreme Court of the United States.............................................. 657,658 HERENCIA v. GUZMAN, error to the District Court of the United States for Porto Rico, decision of the United States Supreme Court......................... 675 HILO, HAWAII: Appropriation for construction of public buildings..................... 107,117 Harbor improvement................................................ 104,114 HOLMGREN V. UNITED STATES, certiorari to the Court of Appeals for the Ninth Circuit, decision of the Supreme Court of the United States................ 668 HONDURAS, naturalization convention between United States and.......... 531-533 HONOLULU, HAWAII: Improvement of harbor.......................................... 104 Public buildings, appropriation for.................................... 107,117 HONOLULU NAVAL STATION, appropriation................................. 54 HOSTILITIES, convention relative to the opening of......................... 572-576 IMMIGRATION, classes of aliens excluded.................................. 380-382 IMMIGRATION, HAWAII, opinion of Attorney General.......................... 704 IMMIGRATION AND NATURALIZATION, act to amend an act to establish a bureau of.................................................................... 436-438 INCOME TAX, proposed amendment of Constitution permitting............... 376 "INGALLS," UNITED STATES ARMY TRANSPORT, authority for transfer of to Navy Department........................................................ 46 INSANE SOLDIERS. See ALASKA; FILIPINO SOLDIERS; PORTO RICO REGI.MENT OF INFANTRY. INSECTICIDE ACT, for preventing the manufacture, sale, etc., of adulterated or misbranded Paris greens, lead arsenates, and other insecticides, and also fungicides............................................................ 386-392 INSULAR AFFAIRS, BUREAU OF. See BUREAU OF INSULAR AFFAIRS. INTERIOR DEPARTMENT, joint resolution authorizing investigation of....... 440-442 INTERNATIONAL DISPUTES, convention for the pacific settlement of......... 547-568 INTOXICATING LIQUORS, Hawaii, special election to determine manufacture and sale of............................................................ 112, 113 IRRIGATION BONDS OF PORTO Rico, opinion of Attorney General............. 699 ISTHMIAN CANAL: IRTHMIAN CANAL /ZONE: Annual payment to Colombia........................................... 121 Appropriations for........................................ 120,122-125, 127-130 Bonds not receivable for national-bank circulation...................... 126 Commercial agreements with......................................... 639-641 Contracts authorized for completion..................................... 119 Distribution of revenues............................................... 130 Employees, injuries to, compensation for................................ 131 Fortifications, appropriation for......................................... 130 Postal service, purchase of material, etc................................. 121 Revenues, statement to Congress........................................ 130 Sale of unserviceable equipment....................................... 131 Tariff act, provisions applicable to...................................... 230 Uniform of the United States, act to protect, applicable to................ 126 JAJI BYN YDRIS, act for the relief of......................................... 89 JAVIERRE V. CENTRAL ALTAGRACIA, appeal from the District Court of the United States for Porto Rico; decision of the Supreme Court of the United States.... 668 JOHNSON, EVAN M., CAPTAIN, UNITED STATES ARMY, act for the relief of...... 88,213 JOLO ISLAND OF SULU, P. I., act for the relief of Jaji Byn Ydris............. 8 S. Doc. 306, 6'-2-2 —48 120 INDEX. Page. JovER Y COSTAS V. INSULAR GOVERNMENT OF THE PHILIPPINE ISLANDS, appeal from and in error to the Supreme Court of the Philippine Islands; decision of the United States Supreme Court...................................... 690 JUDICIAir, act to codify, revise, and amend............................... 451-526 JUNEAU, ALASKA, buildings at: appropriations............................... 13,34 KAHULUI HARBOR, HAWAII, improvement................................... 104 KAUAI, ISLAND OF, improvement of harbors.................................. 106 KEITHLEY, CAMP, P. I., appropriation for, for replacing barracks and quarters destroyed by fire........................................................ 55 KISSINGER, JOHN R., act granting annuity to................................. 58 LAZEAR, JESSE W., late acting assistant surgeon, United States Army, appropriation for payment to widow of.......................................... 45 LEPERS, appropriation for care of on island of Guam......................... 54, 68 LEPROSY HOSPITAL, HAWAII, appropriations for............................ 108,117 LIFE-SAVING SERVICE, appropriation for station in Alaska.................... 34 LIGHT AND POWER PLANTS, appropriations for............................... 71 LIGHTHOUSE ESTABLISHMENT: Appropriation for lighting of rivers....................................... 425 Rearrangement of lighthouse districts, etc................... 399 LINCOLN ROCK, ALASKA, appropriation for rebuilding and improving light and fog signal at............................................................. 26,37 LING Su FAN V. UNITED STATES, error to the Supreme Court of the Philippine Islands; decision of the United States Supreme Court...................... 672 LIQUOR TRAFFIC IN ALASKA. See ALASKA, LIQUOR TRAFFIC. LOCOMOTIVES, equipment of.............................. 445-449 LOWREY V. TERRITORY OF HAWAII, appeal from the Supreme Court of the Territory of Hawaii; decision of the Supreme Court of the United States.... 654, 655 LUQUILLO NATIONAL FOREST, P. R., appropriation for salaries, etc............ 215 "MAINE," BATTLESHIP: Act to provide for raising of............................................ 50, 51 Appropriations for raising............................................... 56, 73 Purpose of, opinion of Attorney General............................. 709 MARINE CORPS: Appropriation for pay of civil force..................................... 54 Barracks, appropriations for............................................. 54, 70 MARITIME WARFARE, convention for adaptation of principles of Geneva convention to............................................................. 608-616 MARTIN, ELIZABETH G., act for the relief of................................. 84,85 MARTINEZ V. INTERNATIONAL BANKING CORPORATION, appeals from the Supreme Court of the Philippine Islands; decision of the United States Supreme Court................................................................. 679 MEDICAL RESERVE CORPS, retirement of officers of.......................... 51, 72 MERRITT & CHAPMAN DERRICK & WRECKING CO., act for relief of...... 83 MILES, W. L., act for relief of.............................................. 88 MILITARY ACADEMY: Admission to, ofJuan Torroella y Rooney, of Cuba................................... 49 Melchor Batista, of Cuba........................................... 75 Two Chinese subjects.................. 74 Appropriation for support of........................................... 48 MILITARY RECORDS, modification of laws relating to, of certain soldiers and sailors.................................................................. 74 Act to amend act to promote efficiency of............................... 49,50 Appropriation for coast artillery and armories of.. 62 Comm and of.......................................................... 50 Credits in accounts of States, etc., for participating in Army maneuvers... 41 Instructors, details of................................................... 63 Participation in Army maneuvers..................................... 49 Pay of............................................................. 50 Rank of officers on duty with other forces.............................. 43 MINER's LABOR LIEN, act to create, establish, and enforce in Alaska.......... 19-24 MOTOR BOATS, act to regulate equipment of certain........................ 394-397.NATIONAL-DEFENSE SECRBTS, sct to prevent disclosure of............ 66 INDEX. 721 Page. NATURALIZATION: Convention between the United States andHonduras....................................................... 531-533 Peru.............................. 538-540 Uruguay........................................................ 533-536 NATURALIZATION, HAWAII, status of records, certificates, etc................ 103 NATURALIZATION. See IMMIGRATION AND NATURALIZATION. NAVAL ACADEMY BAND, reorganization and enlistment of members...... 48 NAVAL ESTABLISHMENT, Pearl Harbor Naval Station, appropriation for...... 42 NAVAL STATION, ISLAND OF GUAM, appropriations for....................... 68 NAVAL STATION AT TUTUILA, SAMOA, appropriation for...................... 69 NAVY: Accounts of officers, authority to reopen and settle..................... 67 Appropriations....................................................... 67-71 Barracks, Marine Corps............................................ 70 Commutation of quarters........................................ 52 Contingent....................................................... 53 Guantanamo naval station, emergency repair installation............ 68 Naval magazine, Guantanamo, Cuba.............................. 69 Naval magazine, Olongapo, P. I............................. 69 Nurse Corps....................................................... 52 Paymasters' clerks............................................. 52 Rations and provisions............................................ 69 Remains of officers, disposition of................................... 69, 71 Guam Naval Station, appropriation for................................. 68 Guantanamo naval magazine, appropriation for......................... 69 Officers, commission to those retired or advanced on the retired list with increased rank....................................................... 72 Failing physical examination for promotion, to be retired............ 68 Performingengineering duty on shore made additional numbers..... 67 Pearl Harbor, Hawaii, appropriation for improvement....6.............. 68 Provisions, appropriations for..................6.............. 69 Ration or commutation................................................ 54 Tutuila, Samoa, naval station, appropriations.................. 69 NAVY DEPARTMENT: Bureau of Equipment, distribution of duties............................ 53 Detail of line officers under staff officers.............53 Chiefs of bureaus, pay and allowances................................. 53 Claims, payment of certain.................................... 86, 87 NEUTRAL POWERS, convention respecting rights and duties of, in case of war on land............................................................... 591-598 NURSES AND NURSE CORPS: Appropriation........................................... 44,45 Leaves of absence............................................ 45 Allowances to superintendent.......................................... 45 OATHS, executive officers may administer; also officers of the Army, Navy, etc. 58 OIL, opinion of Attorney General re pipe line across Isthmus of Panama....... 701 OILS, award of contracts for furnishing by Isthmian Canal Commission, opinion of Attorney General...................................................... 707 OLONGAPO, P. I., naval magazine, appropriations for....................... 54,69 ONG CHANG WING, error to the Supreme Court of the Philippine Islands; decision of the United States Supreme Court................................. 671 OPINIONS OF THE ATTORNEY GENERAL: Alaska coal lands, payment of purchase price by entryman pending a protest................................................................. 709 Alaska, purchase of deerskins during closed season..................... 708 American Railroad Co. of Porto Rico, assignment to, exemption from taxation............................................................... 709 Army officers, retirement, incapacity, court-martial....................... 697 Canal Zone, process agents, statutory construction...................... 700 Census Office, citizenship of enumerators and interpreters............... 707 Civil service, navy-yard regulations, military preferences................ 701 Coal lands in Alaska, consolidation of claims............................ 703 Payment of purchase price by entryman pending a protest........... 709 Corporations holding real estate in the Philippine Islands............... 708 722 INDEX. OPINIONS OF THE ATTORNEY GENERAL-Continued. Page. Customs law, drawback, steam evaporator and steam pump used in construction of a dredge................................................. 702 Dry dock, floating, removal from Algiers, La.,to Guantanamo, Cuba...... 710 Entry of goods from Philippine Islands............................. 709 Filipinos naturalization, homestead laws............................... 697 Fooa and drugs act, acetphenetidine, derivative......................... 700 Appointment of referee board, consulting experts............ 703 Forest Service, furnishing of information respecting the work of the Bureau of.................................................................. 697 Transfer of employees in Washington.............................. 704 Friar lands in the Philippine Islands, disposition of...................... 706 Fur-seal skins on vessels seized, importations............................. 706 Immigration, citizenship, deportation, alien woman married to an American citizen........................................................... 704 Contract labor, superintendent of a lumbering company............... 703 Hawaii.......................................................... 704 Marriage of alien woman to citizen of the United States.............. 705 Irrigation bonds of Porto Rico........................................... 699 Isthmian Canal Commission, award of contracts for furnishing oils........ 707 Leper, deportation of, from District of Columbia......................... 699 Maine, battleship, purpose of appropriation for raising.................... 709 Panama Railroad Co., annual payment of $250,000 for its concession..... 698 Tariff rates......................................................... 710 Philippine internal-revenue stamps, funds derived from sale............. 706 Pipe line across the Isthmus of Panama................................ 701 Porto Rico, legality of bond issue...................................... 707 Surety companies, bond of officer on duty in Canal Zone.................. 702 Tariff act of 1909, applicability to Canal Zone............................ 705 Trade-marks, right of residents of Philippine Islands to avail themselves of provisions of law..................................................... 705 Trusts, unlawful, purchase of material and equipment from............... 708 Whisky, neutral spirits diluted and colored.............................. 702 Withdrawal of, from bond, transportation to foreign ports and reimportation.......................................................... 700 ORDNANCE DEPARTMENT, UNITED STATES ARMY: Appropriation for manufacture of arms, etc............................. 47 Contracts, formalities to be observed in drawing......................... 48 Line officers, promotion to rank lost by regimental promotion............. 65 PANAMA, detail of Army officers to service with Government of................ 49 PANAMA-PACIFIC INTERNATIONAL EXPOSITION, joint resolution authorizing President to invite foreign countries to participate in.................... 131,132 PANAMA RAILROAD Co.: Bond not required for services by, etc.................................. 131 Not to carry insurance nor pay for notes, etc................. 130 Opinion of Attorney General re annual payment of $250,000 for its concession.................... 698 Tariff rates, opinion of Attorney General................................. 710 PARCELS POST, convention between the United States and Dutch Guiana post offices concerning exchange of articles by.............................. 540-546:PARIS GREENS. See INSECTICIDES. PATENTS, agreement between United States and Germany........... 536-537 PEARL HARBOR, HAWAII, appropriation for dredging and dry dock............ 53, 68 PEARL HARBOR NAVAL STATION, appropriation............................. 42 PENDLETON V. UNITED STATES, decision of the Supreme Court of the United States in case of....................................................... 657 PEREZ Y FERNANDEZ V. FERNANDEZ Y PEREZ, appeal from the District Court of the United States for Porto Rico; decision of the United States Supreme Court.................................................................. 681 PERU, naturalization agreement between United States and................. 538-540 PILIPPINE ISLANDS: Barracks and quarters, appropriations for...................... 47,55,64,65,70 Corporations holding real estate; opinion of Attorney General............ 708 Corregidor Island, appropriatio for electric power plant................. 73 Court terms, act fixing................................................. 200 Engineer department, contingent expenses incident to operations of...... 65 Entry of goods from, opinion of Attorney General....................... 709 INDEX. 723 PHILLPPINE ISLANDS-Continued. Page. Fortifications, appropriations.......................................... 51, 71 Friar lands, opinion of Attorney General re disposition of............... 706 Insecticide act, provisions applicable to Philippine Islands.............. 391 Internal revenue stamps, opinion of Attorney General re funds derived from............................................................... 706 Land defenses, appropriations for...................................... 72 Legislature, act to provide for quadrennial election of members of.... 198, 199,201 Light and power plants, appropriations for............................. 71 Marine barracks, appropriations for..................................... 54, S5 National-defense secrets, act to prevent disclosure of applicable to Philippine Islands........................................................ 66 Naval magazine at Olongapo, appropriations for......................... 69 Officials, list of....................................................... 711 Postal equipment, appropriation for.................................. 202, 392 Quarters, restriction on amount for officers............................. 65 Resident commissionersAct providing for quadrennial election of...................... 198,199, 201 Compensation of............................................... 398, 526 Stationery for.................................................... 376 Seamen, American, act for relief and protection of in................... 392,202 Seacoast batteries, appropriations for................................ 55, 71, 73 Tariff of 1909..................................................... 133-197 Terms of court, act fixing............................................. 200 Torpedo defense, approrpiations for.................................... 71 PHILIPPINE SCOUTS, approplnation for.................................... 4546,62 PORTO Rico: Agricultural experiment station, appropriation for maintenance of........ 393 Appropriations, continued if legislature fails to act..................... 205 Barracks and quarters, appropriations for............................... 70 Bond issue, opinion of Attorney General as to legality of................. 707 Census, act to provide for Thirteenth and subsequent decennial, provisions applicable to Porto Rico............................................ 217 Appropriations for expenses of..................................... 205 Court expenses, appropriation for... 530 Experiment stations, appropriation.................................... 528 Forest service, appropriation for........................................ 215 Insecticide act, proriqsions of, applicable to Porto Rico................... 391 Irrigation bonds, opinion of Attorney General re......................... 699 Judiciary, act to codify, revise, and amend laws relating to, applicable to.. 451 Lands and building, authority to President of the United States to convey to the people of Porto Rico.......................................... 207 Lighthouse district, rearrangement of and temporary assignment of Army and Navy officers to................................................. 399 Marine barracks, appropriation for..................................... 54, 55 National-defense secrets, provisions of act to prevent disclosure of, applicable to............................................................. 66 Officials, list of....................................................... 711 Postal equipment, appropriation for.................................. 392, 529 Postal savings depositories, provisions of act to establish applicable...... 429 Quarantine system, maintenance and expenses.......................... 529 Reports, etc., executive department to be designated to receive.......... 205 Resident Commissioner, compensation, clerk hire, and stationery... 206, 398, 526 San JuanHarbor of, appropriations for survey and improvement.... 208, 211,213,214 Post office and courthouse, appropriations fo......................... 210, 216 Quarantine station, appropriations................................... 211,424 Seamen, American, relief and protection of........................... 392, 450 Tariff act of the United States, provisions applicable.................... 230 Uniform of the United States, provisions of act to protect and honor applicable in............................................................ 60 Weather Bureau, general expenses of................................... 527 White-slave traffic, provisions of act applicable......................... 212 POSTAL SAVINGS DEPOSITORIES, act to establish............................ 426-432 POSTAL SERVICE APPROPRIATIONS, mail bags and equipment...... 392,393,528,529 PROJECTILES, declaration prohibiting discharge of, from balloons........... 630-632 PUBLIC BUILINGs, appropriation for, in Hawaii...................... 107,108,117 724 INDEX. Page. PUBLIC LANDS, act authorizing withdrawals in certain cases............ 380,439,440 QUARANTINE SERVICE, appropriations for............................... 424, 529 QUARTERMASTER'S DEPARTMENT, increase in number of officers of............. 63 RADIO COMMUNICATION, act to require apparatus and operators for, on certain ocean steamers.......................................................... 423 RAILROAD COMMON CARRIERS, liability to their employees................ 383,384 RAILROADS, locomotives, safety equipment of.............................. 445-449 RAILWAY SAFETY APPLIANCES: Equipment required after July 1, 1911................................. 384 Standard equipment required in six months............................. 385 Penalty for violations.................................................. 385 REAVIS v. FIANZA, decision of the Supreme Court........................... 651 RECIPROCITY AGREEMENTS. See COMMERCIAL AGREEMENTS. RECOLETOS, ORDER OF, act to provide for payment of claims of............... 83 REINDEER: Allowance of claim for................................................. 82 Appropriations for...................................................... 86 RELIGIOUS ORDERS OF ROMAN CATHOLIC CHURCH, act to provide for payment of claims of............................................................. 83 REMAINS OF OFFICERS, appropriation for transportation and disposition of remains of officers and enlisted men and civilian employees............. 69, 71, 73 REVENUE-CUTTER SERVICE, transportation to............................... 64 RIFLES, permission to sell to Cuba........................................... 47 RIVER AND HARBOR APPROPRIATIONS....................... 58-60, 104-106,114 ROMAN CATHOLIC CHUtRC, act for payment of claims of, in Philippine Islands. 83, 84 ROURA V. GOVERNMENT OF THE PHILIPPINE ISLANDS, error to the Supreme ~ Court of the Philippine Islands, decision of the United States Supreme Court. 673 ST. MICHAEL CANAL, ALASKA, appropriation for improving.................. 13 SAMOAN ISLANDS: Investigation of claims of American citizens for losses in, in 1899......... 450 Naval operations in and about Apia, ascertainment of damages........... 84, 85 SAN JUAN, P. R.: Harbor of, appropriations for survey and improvement.......... 208, 211,213, 214 Buildings, appropriations for.......................................... 210, 216 Quarantine station, appropriations.................................... 211,424 SCOUTS, PHILIPPINE. See PHILIPPINE SCOUTS. SEACOAST DEFENSES, appropriations for.................................... 71-73 SEAL FISHERIES: Act to protect.......................................................... 5-8 Expenses of Revenue-Cutter Service for protection...................... 14 SEAMEN, AMERICAN, a propriation for relief of............................ 392, 450 SEEDS, purchase and distribution of, appropriation for...................... 393, 394 SIGNAL CORPS, appropriation for extra pay to enlisted men employed on Alaskan cable................................................................ 45 SITKA, ALASKA: Barracks, appropriations for............................................ 54,70 Buildings and wharf at, appropriation for repairs and preservation........ 14 SITKA NATIONAL MONUMENT, ALASKA, proclamation regarding............. 644-645 SMITH, PHILIP S., credit in accounts of...................................... 30 SOMERVILLE, S. S., act for the relief of.................................... 88,126 SOUFFRONT V. LA COMPAGNIE DES SUCRERIES DE PORTO RICO, error to the Dis trict Court of the United States for Porto Rico.............................. 666 SPANISH TREATY CLAIMS COMMISSION, appropriation for awards made by..... 77-79 STATE DEPARTMENT, appropriation for foreign trade and treaty relations... 375 STEAM VESSEL INSPECTION, provisions governing......................... 438,439 STEVENS, PIERRE C., major, United States Army, act for the relief of.......... 84 SUBMARINE C6NTACT MINES, convention relative to the laying of........... 598-603 SUITS in which the United States is a party, returns of district attorneys to Solicitor General....................................................... 384 SUPREME COURT OF THE UNITED STATES: Decisions in the following casesAlvarez y Sanchez v. United States..... 655, 656 Atlantic Gulf and Pacific Company v. Government of the Philippine Islands......................................................... 675 Aybar, Julio, v. The People of Porto Rico. 696 Biefce, William W., Limited, v. Waterhouse........................ 676 INDEX. 726 Page. SUPREME COURT OF THE UNITED STATES-Continued. Decisions in the following cases-Continued. Blanco v. Hubbard, United States marshal for Porto Rico............ 684 Chantangco v. Abaroa.............................................. 674 Reavis v. Fianza.................................................. 651 Dowdell v. United States......................................... 688 El Paso & Northeastern Railway Company v. Gutierrez, administratrix.................. 652 Enriquez v. Go-Tiongco............................................. 684 Faber v. United States.............................................. 693 Fraenkl v. Cerecedo.................................. 656 Freeman v. United States.......................................... 670 Garcia Maytin v. Velan......................................... 658 Gavieres v. United States...................................... 685 Hawaiian Trust Co., Limited, et al., v. Von Holt et al.............. 657, 658 Herencia v. Guzman................................................ 675 Holmgren v. United States......................................... 668 Javierre v. Central Altagracia....................................... 668 Jovery Costas v. Insular Government of the Philippine Islands..... 690 LingSu Fan v. United States....................................... 672 Lowrey v. Territory of Hawaii............................... 654, 655 Martinez v. International Banking Corporation........... 679 Ong Chang Wing v. United States................................... 671 Pendleton v. United States................................ 657 Perez y Fernandez v. Fernandez y Perez........................... 681 Roura v. Government of the Philippine Islands....................... 673 Souffront v. La Compagnie des Sucreries de Porto Rico.............. 666 Tiglao v. Insular Government of the Philippine Islands............ 653, 654 Todd v. Romeu................................................... 661 Vilas v. City of Manila.............................................. 686 Weems v. United States............................................ 663 Wenar v. Jones..................................................... 670 Wenar v. Jones, per curiam opinion......................... 695 Will v. Tornabells.................................................. 659 W ynne v. United States........................................... 662 SURETY COMPANIES, opinion of Attorney General re bond of officer on duty in Canal Zone................................................... 702 SWIFT & Co., appropriation for payment for beef furnished Army in Cuba.... 82 TARIFF ACT OF THE UNITED STATES.................................... 230-374 Amendment as to hides................................................. 377 Does not apply to Canal Zone, opinion of Attorney General.............. 705 TIGLAO V. INSULAR GOVERNMENT OF THE PHILIPPINE ISLANDS, decision of Supreme Court on error to and appeal from the Supreme Court of the Philippine Islands.......................................................... 653, 654 TODD V. ROMEU, appeal from the District Court for Porto Rico, decision of the Supreme Court........................................................... 661 TONNAGE DUTIES, on vessels entering otherwise than by sea................. 379 TORPEDO DEFENSE, appropriations for...................................... 71 TORROELLA Y ROONEY, JUAN, authority to receive instruction at Military Academ y....................................................... 49 TRADE-MARKS, opinion of Attorney General re right of residents of Philippine Islands to avail themselves of provisions of law............................ 705 TRANSPORT SERVICE, appropriation for..................................... 46 TROXELL, MARCELLUS, act for relief of..................................... 88,126 TRUSTS, UNLAWFUL, purchase of material and equipment from, opinion of Attorney General.................................. 708 TUTUILA, SAMOA, appropriation for naval station............................ 69 UNIFORM OF THE UNITED STATES, act to protect dignity and honor of.......... 60 URUGUAY, naturalization convention between United States and.......... 533-536 VESSELS: Act to prevent collisions of........................................... 394-397 Inspection of steam................................................... 438,439 Lading and unlading of, at night..................................... 44-445 Preliminary entry of................................................. 443-445 VILAS v. CITY OF MANILA, error to and appeal from the Supreme Court of the Philippine Islands: decision of the United States Supreme Court.......... 688 726 INDEX. Page. VOLUNTEERS, decision of department as to date of muster conclusive.......... 49 WAR: Bombardment by naval forces in time of, convention concerning...... 603-608 On lakkdConvention respecting customs of................................. 576-591 Convention respecting rights and duties of neutral powers and persons in case of........................... 591-598 NavalConvention regarding exercise of right of capture in................ 617-621 Convention concerning the rights and duties of neutral powers in.... 622-630 WASHINGTON-ALASKA MILITARY CABLE AND TELEGRAPH SYSTEM, appropriation for.................................................................. 44, 61 WEATHER BUREAU, appropriations for general expenses......... 393, 527 WEEMS V. UNITED STATES, error to the Supreme Court of the Philippine Islands, decision of the Supreme Court of the United States........................ 663 WENAR V. JONES, BISHOP OF PORTO RICO: Appeal from the Supreme Court of Porto Rico, per curiam opinion of United States Supreme Court..................................... 695 Appeal from the Supreme Court of Porto Rico, decision of the Supreme Court of the United States............................................ 670 WESTERN UNION TELEGRAPH Co., reimbursement to........................ 56 WHISKY: Opinion of Attorney General reNeutral spirits diluted and colored.................................. 702 Withdrawal from bond, transportation to foreign ports and reimportation........................................................... 700 WHITE SLAVE TRAFFIC ACT............................................ 432-436 WILL V. TORNABELLS, appeal from the District Court of the United States for Porto Rico............659 WYNNE v. UNITED STATES, error to the District Court of the United States for the Territory of Hawaii, decision of the Supreme Court.................... 662 YOUNG MEN'S CHRISTIAN ASSOCIATION, use of Army transport service by.... 46,64 0