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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

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Title:
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
Portion of title:
Acts of Congress relating to noncontiguous territory
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United States
United States -- Bureau of Insular Affairs
United States -- Supreme Court
United States -- Department of Justice
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English
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1 online resource (6 volumes) : ;

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Law -- Territories and possessions -- United States ( lcsh )
Attorneys general's opinions -- United States ( lcsh )
Law reports, digests, etc -- United States ( lcsh )
Insular possessions
Attorneys general's opinions ( fast )
Law reports, digests, etc ( fast )
Law -- Territories and possessions ( fast )
Territorial expansion -- United States
United States ( fast )
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legislation ( marcgt )
federal government publication ( marcgt )
non-fiction ( marcgt )

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Master and use copy. Digital master created according to Benchmark for Faithful Digital Reproductions of Monographs and Serials, Version 1. Digital Library Federation, December 2002.
General Note:
Earlier editions issued as follows: 58th Cong., 2d sess. Senate. Doc. 105. 59th Cong., 2d sess. Senate. Doc. 204. 61st Cong., 1st sess. Senate. Doc. 47. War Dept. Doc. 353. 62d Cong., 2d sess. Senate. Doc. 306.
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compiled in the Bureau of Insular Affairs, War Department.

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58TH CONGRESS,)
2d Sessioh. (


I DOCUMENT
No. 105.


COMPILATION



OF THE




ACTS OF CONGRESS, TREATIES, AND PROCLAMATIONS


RELATING TO


INSULAR AND MILITARY AFFAIRS


FROM


iVARCH 4, 1897, 17O XIAlCH 3, 1903





BUREAU OF INSULAR AFFAIRS,
WAR DEPARTMENT.






JANUARY 15, 1904.-Referred to the Committee on Printing.


WASHINGTON:
GOVERNMENT PRINTING OFFICE.
1904.


m~J


C-,


SENATE.






























!N THE SENATE OF TRE UNITED STATES, ,e(a(IrY 19, 1904. Orderd. That the compilation of the Acts of CongTess, Treaties, and Proclamations Relating to the Insular and Military Affairs from March 4,1897, to March
8. 1903. be printed as a document.
Attest:
CII RLEs (G. BENNETT, Secretary.










LF, TTF, OF TRANSMITiTAL.


WANR DEPARTMENT,
lFashington, Jamuary 13, 1904.
SIR: I beg to transmit herewith a compilation prepared by the Bureau of Insular Affairs, consisting ofFirst. All legislation enacted by the Congress of the United States during the period between March 4, 1897, the beginning of the first session of the Fifty-fifth Congress, and March 3, 1903, the date of the final adjournment of the Fifty-seventh Congress, concerning the Philippines, Porto Rico, Cuba, Hawaii, the Samoan Islands, and Guam, 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 the lease to the United States by the Government of Cuba of coaling or naval stations, ratified October 6, 1903, and the commercial convention between the United States and Cuba, proclaimed December 17, 1903.
I believe that this compilation should be printed. It would be useful to this Department and of probable value to all other Executive Departments, as well as a peculiarly convenient book of reference for the use of members of Congress, and therefore of enough importance to warrant its general distribution as a Congressional document rather than that the cost of its publication be charged to the limited allotment available for printing by the War Department. The Chief of the Bureau of Insular Affairs estimates that if printed it could be comprised in a volume of convenient reference size, the total cost of which at the Public Printing Office would be about $1,000. I suggest, therefore, that such printing be authorized by concurrent resolution, the volume to be proof read and indexed by the War Department.
Very respectfully, ELIHU ROOT,
Secretary of War.
Peon. WILLIAM P. FRYE,
President pro ten yore Un aied States Senate.





















NOTE.


The present work is a compilation ofFirst. 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 final adjournment of the Fifty-seventh 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."
IV









CONTENTS.



ACTS AND JOINT RESOLUTIONS OF CONGRESS.

PHILIPPINES.

Fiftfifth Congress, third session.
lPage.
Joint resolution No. 25, providing for the printing of the Report on the Financial and Industrial Conditions of the Philippine Islands, by Edward W. Harden, special commissioner of the United States. (March 1, 1899, P ublic resolution N o. 24, 30 Stat. L ., p . 1391.) ............................
An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetynine, and for prior years. and for other purposes. (March 3, 1889, Public No. 191, chap. 427, 30 Stat. L., p. 1214.) ------------------------------Fifty-sixth Congress, first session.
An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (February 9, 1900, Public No. 14, chap. 14, 31 Stat. L., p. 7.) -------------.-------------------- ------ I

Ffty-sixth Congress, second session.
An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public N o. 118, ch ap . 803, 31 Stat. L ., p . 895.) ..............................

Fifty-seventh Congress, first session.
An act temporarily to provide revenue for the Philippine Islands. and for other purposes. (March 8, 1902, Public No. 28, chap. 140, 32 Stat. L., pt.
1 , p . 5 4 .) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. . 3
An a't temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes. (July 1, 1902, Public No. 235, chap. 1369, 32 Stat. L., pt. 1, p. 691.) 6

Fifty-seventh Congress, second session.
An act to promote the efficiency of the Philippine constabulary, to establish the rank and pay of its commanding officers, and for other purposes. (January 30, 1903, Public No. 37, chap. 334, 32 Stat. L., pt. 1, p. 783.) ---- 33
An act for the relief of the officers and crew of the United States steamer Charleston, lost in the Philippine Islands, November second, eighteen hundred and ninety-nine. (February 7, 1903, Public No. 66, chap. 515, 32 Stat. L., pt. 1, p. 804.) -------------------------------------------------- 34
An act to provide for the removal of persons accused of crime to and from the Philiplpine Islands for trial. (February 9, 1903, Public No. 72, chap. 529, 32 Stat. L ., pt. 1, p . 806.) ------------------------------------------ 34
An act to establish a standard of value and to provide for a coinage system in the Philippine Islands. (March 2, 1903, Public No. 137, chap. 980, 32 Stat. L., pt. 1, p. 952.) .................................................. 3
An act making appropriations to supply deficiencies in the appropriations for the fiscal y~ar ending June thirtieth, nineteen hundred and three, and / for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32 Stat. L., pt. 1, p. 1031.) ----------------------------------- 38











HAWAII.

Fifty-fifth Congress, first session.
Page.
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ilinety-eight, and for other purposes. (June 4, 1897, Public No. 2, chap.
2, 30 Stat. L., p. 11.) ------------------------------------------------41
Fiity-fifth Congress, second session.
An act making appropriations for the legislative, executive, and judicial
expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (March 15,
1898, Public No. 37, chap. 68, 30 Stat. L.. p. %77.) ------------------------ 41
An act making appropriations for the service of the Post-Office Departinent for the fiscal year ending June thirtieth, eighteen hundred and
ninety-nine. (June 13,1898, Public No. 131, chap. 446. 30 Stat. L., p. 440.) 42 Joint resolution No. 55, to provide for annexing the Hawaiian Islands to the
United States. (July 7, 1898, Public resolution No. 51, 30 Stat. L., p.
750.) ---------------------.----------------- ---------- ------------ 42
Fifty-fifth Congress, third session.
An act making appropriations for the service of the Post-Office Department
for the fiscal year ending June thirtieth, nineteen hundred. (March 1,
1899, Public No. 107, chap. 327. 30 Stat. L.. p. 959.) -------------- - ---. 44
An act to provide for taking the Twelfth and subsequent censuses. (March
3, 1899, Public No. 1P3, chap. 419, 30 Stat. L., p. 1014.) ................. 44
An act making appropriation for the construction, repair, and preservation
of certain publi- works on rivers and harbors, and for other purposes.
(March 3, 1899, Public No. 189, chap. 425, 30 Stat. L., p. 1121.) ---------- 45
Fifty-sixth Congress, first session.
An act to provide a government for the Territory of Hawaii. (April 30,
1900, Public No. 82, chap. 339, 31 Stat. L., p. 141.) --.-.-------- ----- 45
An act making appropriations for the Department of Agriculture for the
fiscal year ending June thirtieth, nineteen hundred and one. (May 25,
1900, Public No. 121, chap. 555, 31 Stat. L., p. 191.) ............- .- ----- 71
An act to provide for officers in the customs district of Hawaii. (May 26,
1900, Public No. 126, chap. 589, 31 Stat. L., p. 218.) --------------------- 1An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785,
31 Stat. L ., p. 280.) -----------------------An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6, 1900, Public No. 163, chap. 791, 31 Stat. L., p. 588.) --------------------------------------------------------------- 73
An act to provide an American register for the ships Star of Italy and Star of Bengal. (June 6, 1900, Public No. 188, chap. 816, 31 Stat. L., p. 682.)_ 74 Joint Resolution No. 28, withdrawing certain lands on the island of Oahu. Hawaii, from the public domain. (May 31, 1900, Public Resolution No. 28, 31 Stat. L., p.,718.) ---------------------------------------- ------- 74
Fifty-sixth Congress, second session.
An act to extend the privileges provided by an act entitled "An act to amend the statutes in relation to the immediate transportation of dutiable goods. and for other purposes." approved June tenth, eighteen hundred and eighty, as amended. (February 15, 1901, Public No. 65, chap. 373, 31 Stat. L., p. 791.) -----------------------------------------------------75





CONTENTS.


Vir


Page.
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 31 Stat. L., p. 922.) ------------------- 7,
Ati act making appropriations for the legislative, executive, and judicial
expenses of the Government for the fiscal year ending June thirtieth, nineteen and two, and for other purposes. (March 3, 1901, Public No. 135,
chap. 830. 31 Stat. L., p. 960.) -------------------------------------- 76
An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136,
chap. 831, 31 Stat. L., p. 1010.) ------------------------------- ----.------ 77
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 158, chap. 853, 31 Stat L.,
p . 1 1 3 3 .) - - - - - - - - - - - - - - - - - - - - - - - - --- - - - - - - - - - - - --- -- - - - - - --- - - - - 7 7
An act to provide for subports of entry and delivery in the Territory of Hawaii. (March 3, 1901, Public No. 163, chap. 858, 31 Stat. L., p. 1437.) 78

Fifty-secenth Congress, first session.
An act to provide an American register for the barkentine Hawaii. (February 19, 1902, Public No. 15, chap. 24, 32 Stat. L., pt. 1, p. 35.) - 7$ Ail act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirt'eth, nineteen hundred and three, and for other purposes. (April 28,1902, Publie No. 83, chap. 594, 32 Stat. L., pt. 1, p. 120.) -------------............ 7)
An act to apportion the term of office of Senators elected at the first general election in the Territory of Hawaii. (May 19, 1902, Public No. 118,
chap. 817, 32 Stat. L.. pt. 1, p. 200.) .................... . -------------- 79
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 139, chap. 985, 32 Stat. L., pt. 1, p. 286.) ---------- 80t
An act to increase the limit of cost of certain public buildings, to authorize the purchase of sites for public buildings, to authorize the erection and completion of public buildings, and for other purposes. (June 6, 1902. Public No. 146, chap. 1036, 2 Stat. L., pt. 1, p. 310.) -- --An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, Public No. 182, chap. 1301, 32 Stat. L., pt. 1, p. 419.) ------------------..................................... 8

Fifty-seventh Congress, second session.
An act relating to Hawaiian silver coinage and silver certificates. (January 14, 1903, Public No. 25, chap. 186, 32 Stat. L., pt. 1, p. 770.) ............. 81
An act to pay in part judgments rendered under an act of the legislative assembly of the Territory of Hawaii for property destroyed in suppressing the bubonic plague in said Territory in eighteen hundred and ninetynine and nineteen hundred, and authorizing the Territory of Hawaii to issue bonds for the payment of the remaining claims. (January 26, 1903, Public No. 35, chap. 332, 32 Stat. L., pt. 1, p. 780.) ....- -- 83
An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (February 25, 1903, Public No. 115, chap. 755, 82 Stat. L., pt. 1, p. 854.)---------------------84
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L., pt. I, p. 1083.) .--------------------------------------------------- 84
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 158, chap. 1008, 32 Stat. L., pt. 1, p. 1147.) -------------- 85













PORTO RICO.


Fifty-fifth Congress, second session.
Page.
An act to provide an American register for the steamer Arkadia. (June
16, 1898, Public No. 138, chap. 456, 30 Stat. L.. p. 473.) ------------------ 87
Fifty-sixth Congress, first session.
An act appropriating, for the benefit and government of Porto Rico, revenues collected on importations therefrom since its evacuation by Spain, and revenues hereafter collected on such importations under existing law.
(March 24, 1900, Public No. 44, chap. 91, 31 Stat. L., p. 51.) - 87 An act temporarily to provide revenues and a civil government for Porto
Rico, and for other purposes. (April 12, 1900, Public No. 69, chap. 191,
3 1 S ta t. L ., p . 77.) ----- ------ ------ ------ -- -- -------- ---- -------- --- 88
An act making appropriations for the Department of Agriculture for the
fiscal year ending June thirtieth, nineteen hundred and one. (May 25,
1900, Public No. 121, chap. 555, 31 Stat. L., p. 191.) --------------------- 100
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineten hundred and one, and for other purposes. (June 6. 1900, Public No. 163, chap. 791, 3t Stat.
L ., p . 5 8 8 .) - - - - - -- ---- - - - - - - - - - ---- - -- - - - - - - - - - - . . - - - - - - - - - - - . . . . . . . . .-- 1 0 0
Joint resolution No. 28, to provide for the administration of civil affairs in Porto Rico pending the appointment and qualification of the civil officers provided for in the act approved April twelfth, nineteen hundred, entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes." (May 1, 1900, Public Resolution No. 23, 81 Stat. L., p. 715.) ------------------------ ---------- 101
Joint resolution No. 26, providing for the printing and distribution of the
general report of the expedition of the steamer Fishhawk to Puerto Rico.
including the chapter relating to the fish and fisheries of Puerto Rico, as contained in the Fish Commission bulletin for nineteen hundred. (May
14. 1900, Public Resolution No. 26, 31 Stat. L., p. 717.) --------- 102
Joint resolution No. 82, to authorize and empower the Banco Espailol de
Puerto Rico (Spanish Bank of Porto Rico) to amend its by-laws. (June
6, 1900, Public Resolution No. 82, 31 Stat. L., p. 719.) ------- ----------- 102

Fifty-sixth Congress, second session.
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. (March 1, 1901, Public No.
118, chap. 677, 81 Stat. L .,p. 873.) ------------- ------------- ------- - 103
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 81 Stat. L., p. 922.) 103 An act to amend an act entitled "An act temporarily t0 provide revenues
and a civil government for Porto Rico, and for other purposes," approved April twelfth, nineteen hundred, and to increase the salary of the commissioner of education provided for by said act. (March 2, 1901, Public
N o. 127, chap. 812. 31 Stat. L., p. 958.) -------------------------------- 104
An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, l90 , Pnblic
No. 135, chap. 8:30, 31 Stat. L., p. 960.) ---------------------------- --. 105
Vill




CONTENTS.


Page.
An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831, 31 Stat. L., p. 1010.) ---------------------------------------- 105
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3,1901, Public No. 158, chap. 853,31 Stat. L., p. 1133.) ---------.----------------------------------------------------- 105

Fifty-seventh Congress, first session.

An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (April 28, 1902, Public No. 83, chap. 594, 32 Stat. L., pt. 1, p. 120.) --------------------- 106
An act to refund the amount of duties paid in Porto Rico upon articles imported from the several States from April eleventh, eighteen hundred and ninety-nine, to May first, nineteen hundred, to confer jurisdiction on the Court of Claims to render judgment thereon, and making an appropriatiqn therefor. (April 29, 1902, Public No. 89, chap. 640, 32 Stat. L., pt. 1, p. 176.) ------------------------------------------------------ 106
An act making appropriations for the Department of Agriculture' for the fiscal year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 139, chap. 985, 32 Stat. L., pt. 1, p. 286.) --------------- 107
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, PublicNo. 182, chap. 1801,32 Stat. L.,
p t. 1 , p . 4 19 .) - - -- - -- - - - - - - - -- -- -- - - - -- - - -- -- - - -- - -- -- - - - -- - - - -- - - --- 10 7
An act autho-izing the President to reserve public lands and buildings in the island of Porto Rico for public uses. and granting other public lands and buildings to the government of Porto Rico, and for other purposes. (July 1, 1902, Public No. 249, chap. 1383, 32 Stat. L., pt. 1, p. 731.) ------ 108

Fifty-seventh Congress, second session.
An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (February 25, 1903, Public No. 115, chap. 755, 32 Stat. L., pt. 1, p. 854.) --------------------- 109
An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 145, chap. 995, 82 Stat. L., p t. 1 , p . 1 0 ll .) ---- -- ------ ----- - ------ ---- -- -- ---- - ----- ---- -- ---- ------. 10 9
An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years. and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32 Stat. L., pt. 1, p. 10 1.) _ - ---------109
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157,chap. 1007,32 Stat. L., Pt. 1, p. 1083.) ------------ .... ......... .............................. 110
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 158, chap. 1008, 32 Stat, L., pt. 1, p. 1147.) --------------1 10
























GUAM AND SAMOA.

Ffty-sixth Congress, first session.
Page.
An act making provision for emergencies in river and harbor works, for certain surveys, and for the diversion of certain appropriations or modification of provisions heretofore made. (June 6, 1 00, Public No. 102, chap. 790, 31 Stat. L ., p. 578.) ---------------------------------------- IlI
Fifty-fifth Con gress, second session.
An act making appropriation for the diplomatic and consular service for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine. (March 9,1898, Public No. 32, chap. 55, 30 Stat. L., p. 262.) - 111 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetyeight, and for prior years, and for other purposes. (July 7, 1898, Public No. 182, chap. 571, 30 Stat. L., p. 652.) ----------------_--------------- Ill
Fifty-fifth Congress, third session.
An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred. (February 9, 1899, Public No. 41. chap. 128, 30 Stat. L.. p. 823.) ----------------------112
x














CUBA.


Fifty-fifth Congress. first session.
Page.
Joint resolution No. 1i, appropriating fifty thousand dollars for the relief
of destitute citizens of the United States in the island of Cuba. -(May 24,
1897, Public Resolution No. 11, 30 Stat. L.. p. 220.) ------------ -- ------ 113

Fifty-fifth Congress, second session.
An act for the relief of the sufferers by the destruction of the United States steamer Maine, in the harbor of Havana, Cuba. (March 30, 1898. Public No. 53. chap. 103, 30 Stat. L., p. 346.) - - - - 113
An act to provide assistance to the inhabitants of Cuba and arms, munitions, and military stores to the people of the island of Cuba, and for other purposes. (May 18, 1898, Public No. 103, chap. 345, 30 Stat. L., p.
4 1 9 .) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - 1 1 5
Joint resolution No. 11, to provide for recovering the remains of officers
and men and property from the wrecked United States ship Maine, and making an appropriation therefor. (February 23, 1898, Public Resolution
N o. 10, 30 Stat. L., p. 735.) - -....... -.. .. ... .. ... .. ... .. ... . . 115
Joint resolution No. 24, for the recognition of the independence of the people
of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United Stat s to carry these resolutions into effect. (April 20, 1898, Public Resolution No. 21, 30 Stat. L., p. 738.) ......... 116

Fifty-fifth Congress, third session.
An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred. (March 3, 1899, Public No. 187, chap. 423. 30 Stat. L., p. 1064.) ------------------ 116

Fifty-sixth, Congress, first session.
An act relating to Cuban vessels. (February 10, 1900, Public No. 15. chap.
15 , 3 1 S ta t. L ., p . 27 .) - --- -------- ---- ---- ---- ------ ------ --- - - ---- - 11An act making appropriations for the Department of Agriculture for the
fiscal year ending June thirtieth, nineteen hundred and one. (May 25,
1900, Public No. 121, chap. 555, 31 Stat. L., p. 191.) ---------------------- 117

Fifty-sixth Congress, second session.
An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2. 1901, Pullic N o. 118, chap. 803,31 Stat. L., p. 895.) ..................... _ ..8
An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 31 Stat. L., p. 922.) -.--- ............... 119
An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831, 31 Stat. L., p. 1010.) ---------------------------------.... 20.




XII CONTENTS.

Fifty-seventh Congress. first session.
Page.
An act making appropriations for the diplomatic and consular service in the Republic of Cuba. (Mlay 16, 1902, Public No. 116, chap. 792, 32 Stat. L., p t . 1 , p . 1 9 9 .) . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .... . .. . . . . . . . . . .- 1 20
An act making appropriations for the Department of Agriculture for the fis al year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 139, chap. 985, 32 Stat. L., pt. 1, p. 286.) ---------------- 120
An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (July 1, 1902, Public No. 217, chap. 1351, 32 Stat. L., pt. 1, p. 552.) ---------------------------------- 121

Fifty-s venth Congress, second session.
An act for the refund of certain tonnage taxes. (January 14, 1903, Public No. 26, chap. 187, 82 Stat. L., pt. 1, p. 770.) ----------------------------121
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat.
L ., p t. 1, p . 1083.) .. .... ...... .......- . ------ ---- ----- ---- ---- --- ---- --- 122
An act maling appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 157, chap. 1008, 32 Stat. L., pt. 1. p. 1147.) -------------122













LEGISLATION APPLICABLE TO ALL THE
INSULAR POSSESSIONS AND CUBA.

Fifty-fifth Congress. third session.
Page.
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred, and for other
purposes. (March 3,1899, Public No. 188, chap. 424,30 Stat. L., p. 1074.) - 123
Fifty-sixth Congress, first session.
An act making appropriations for the diplomatic and consular service for
the fiscal year ending June thirtieth, nineteen hundred and one. (April
4, 1900, Public No. 57, chap. 159, 31 Stat. L., p. 60.) --- 124 An act to facilitate the entry of steamships engaged in the coasting trade
between Porto Rico and the Territory of Hawaii and the United States.
(May 31, 1900, Public No. 133, chap. 600, 31 Stat. L., p. 249.) 124 An act making appropriations for the service of the Post-Office Department
for the fiscal year ending June thirtieth, nineteen hundred and one. (June
2, 1900, Public No. 138, chap. 613, 31-Stat. L., p. 252.) -------------------124
An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785,31
Stat. L., p. 280.) ---------------.-------------------------------------- 125
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and one, and for
other purposes. (June 6,1900, Public No. 163. chap. 791,31 Stat. L.,p. 588.) - 125 An act amending section fifty-two hundred and seventy of the Revised Statutes of the United States. (June 6, 1900, Public No. 165, chap. 793, 31
S ta t. L ., p . 656 .) - -- ------ ---- -------- ---- ---- ---- ------ ---- -- ------- 126
An act to provide better facilities for the safe-keeping and disbursement of
public moneys in the Philippine Islands and in the islands of Cuba and
Porto Rico. (June 6, 1900, Public No. 169, chap. 797, 31 Stat. L., p. 658.) - 128 An act to amend an act to prohibit the passage of special or local laws in the
Territories, and to limit the Territorial indebtedness, and so forth. (June
6, 1900, Public No. 192, chap. 820, 31 Stat. L., p. 683.) ------------------- 128

Fifty-sixth Congress, second session.
An act making appropriations for the diplomatic and consular service for
the fiscal year ending June thirtieth, nineteen hundred and two. (March
2, 1901, Public No. 116, chap. 802, 31 Stat. L., p. 882.) ----------------- 129
An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and two, and
for other purposes. (March 3, 1901, Public No. 158, 31 Stat. L., p. 1133)_ 129 An act to amend section fifty-one hundred and fifty-three of the Revised Statutes of the United States. (March 3, 1901, Public No. 176, chap. 871, 31 Stat. L., p. 1448.) --------------------------------------------------- 130

Fifty-seventh Congress, first session.
An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (February 14, 1902, Public No. 9, chap. 17, 32 Stat. L., pt. 1, p. 5.) ------------------------- 131
An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and three. (March 22,1902. Public No. 54, chap. 272, 32 Stat. L.. pt. 1, p. 76.) -------------- 131

XiI1




CONTENTS.


Page.
An act for the acknowledgment of deeds and other instruments *in the Philippine Islands and Porto Rico affecting land situate in the District of Columbia or any Territory of the United States. (March 22, 1902, Public No. 55, chap. 273, 32 Stat. L , pt. 1, p. 88.) ........................... 131
An act to facilitate the procurement of statistics of trade between the
United States and its noncontiguous territory. (April 29, 1902, Public
No. 86, chap. 637. 32 Stat. L.. pt. 1. p. 172.) _ _s - ......................... 132
An act to prohibit the coming into and to regulate the residence within
the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent.
(April 29, 1902, Public No. 90, chap. 641, 32 Stat. L., pt. 1, p. 176.) ..... 132
An act to amend section four thousand and seventy-six, four thousand and
seventy-eight, and four thousand and seventy-five of the Revised Statutes.
(June 14, 1902, Public No. 158, chap. 1088, 32 Stat. L., pt. 1, p. 386.) -- 134 An act making appropriations for sundry civil expenses of the Government
for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28,1902. Public No. 182, chap. 1301,32 Stat.L.,
pt. 1, p. 419.) - - .. -.-- - - - - - ------------------------------------------ 134
An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (June 1, 1902, Public No. 217,
chap. 13,51, 32 Stat. L.,pt. 1, p. 552.) ----------------- -. . ---- 136
An act for the further distribution of the reports of the Supreme Court.
and for other purposes. (July 1, 1902, Public No. 221.chap. 1355, 32 Stat.
L ., p t. 1, p . 630.) -------- --------------------- . - ---------------. -- - 136
An act to prevent a false branding or marking of food and dairy products
as to the State or Territory in which they are made or produced. (July
1, 1902, Public No. 223, chap. 1357. 32 Stat. L., pt. 1, p. 632.) ----- ----- 138
An act for the suppression of train robbery in the Territories of the United
States and elsewhere, and for other purposes. (July 1, 1902, Public No.
242, chap. 1376, 32 Stat. L., pt. 1, p. 727.) --------_----------------- 138

Fifty-seventh Congress, second session.
An act making appropriation for the diplomatic and consular service for
the fiscal year ending June thirtieth, nineteen hundred and four. (February 9, 1903, Public No. 73, chap. 530, 32- Stat. L., pt. 1, p. 807.) -------- 139
An act making appropriations for sundry civil expenses of the Government
for th3 fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007. 32 Stat.
L ., p t . 1 . p . 1 0 8 3 . ) . . - - - - - - - - - - - .- - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . 1 9
An act to regulate the innigration of aliens into the United States. (March 3, 1903, Public No. 162, chap. 1012, 32 Stat. L., pt. 1, p. 1213.) ........... 141
An act to refunid the amount of duties paid on merchandise brought into the United States from Porto Rico between April eleventh, eighteen hundred and ninety-nine, and May first, nineteen hundred, and also on merchandise brought into the United States from the Philippine Islands between April eleventh, eighteen hundred and ninety-nine, and March eighth, nineteen hundred and two, and for other purposes. (March 3, 1903, Public No. 166, chap. 1016, 32 Stat. L., pt. 1, p. 1224.) ................... 153


















SPANISH TREATY CLAIMS COMMISSION.

Fifty-sixth Congress, first sessioi.
Page.
An act to carry into effect the stipulations of article seven of the treaty
between the United States and Spain concluded on the tenth day of December, eighteen hundred and ninety-eight. (March 2, 1901. Public
No. 115, chap. 800, :1 Stat. L., p. 877.) -------------------------------- 155

F'ifty-seventh Congress.first session?.
An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years. and for other purposes. (February 14, 1902,
Public No. 9, chap. 17, 32 Stat. L., pt. 1, p. 5.) ..----- -------------- -- - 158
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three. and for other purposes. (June 28, 1902, Public No. 182, chap. 1301, 32
Stat. L .,pt. 1, p . 419.) ------------------------------------------------- 159
An act amending the act of March second, nineteen hundred and one. entitled "An act to carry into effect the stipulation3 of article seven of the treaty between the United States and Spain, concluded on the tenth day of December, eighteen hundred and ninety-eight." (June 30,1902, Public No. 214, chap. 1337, 32 Stat. L, pt. 1, p. 549.) -------------------------- 160

Fifty-seventh Congress, seco),d session.
An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32, Stat. L., pt. 1, p. 1031.) --------------------------------- 161
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L., pt. 1, p. 1083.) ------------------------------------------------ 161
















CLAIMS OTHER THAN SPA;N-SH TREATY CLAIMS.
Fifty-fifth Congress, second session.
Page.
An act to reimburse the governors of States and Territories for expenses
incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain. (July 8, 1898, Public No. 208, chap. 647, 30 Stat. L.,
p. 730.) ------------.-------------------------------------------------- 163

Fifty-fifth Congress, third session.
An act to amend an act entitled "An act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain," approved July eighth, eighteen hundred and ninety-eight, and for other purposes. (Mlarch 3,
1899, Public No. 209, chap. 445, 30 Stat. L.. p. 1356.) ------------------ 164

Fifty-sixth Congress, first session.
An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred and one. (May 26, 1900, Public No. 123, chap. 586, 31 Stat. L., p. 205.) ------------ 167
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June th'rtieth, nineteen hundred and one. and for other purposes. (June 6, 1900, Public No. 163, chap. 791, 31 Stat. L., p. 588.) --------.----------------------------------------------------- 167

Fifty-seventh Congress, first session.

An act for the allowance of certain claims for property taken for military purposes within the United States during the war with Spain, reported by the Secretary of War in accordance with the requirements of an item contained in the sundry civil appropriation act, approv(d June sixth, nineteen hundred, authorizing and directing the Secretary of War to investigate just claims against the United States for private property taken and used in the military service within the limits of the United States, and so forth. (June 28, 1902, Public No. 190, chap. 1309, 32 Stat. L., pt. 1, p. 486.) ------------------------------------------------------ 168
xvi




















WAR REVENUES.

Fifty-fifth Congress, second session.
Page.
An act to provide ways and means to meet war expenditures, and for other
purposes. (June 13, 1898, Public No. 133, chap. 448, 30 Stat. L., p. 448.) 175

Fifty-fifth Congress, third session.
Joint resolution No. 23, to amend section twenty-five of the act passed June thirteenth, eighteen hundred and ninety-eight, entitled "An act to provide ways and means to meet war expenditures, and for other purposes." (February 28, 1899, Public Resolution No. 22, 30 Stat. L., p. 1390.) ------2 05

Fifty-sixth Congress, second session.
An act to amend an act entitled "An act to provide ways and means to meet war expenditures, and for other purposes," approved June thirteenth, eighteen hundred and ninety-eight, and to reduce taxation thereunder. (March 2, 1901, Public No. 121, chap. 806, 31 Stat. L., p. 938.) ----------- 205

Fifty-seventh Congress, first session.
An act to repeal war-revenue taxation, and for other purposes. (April 12, 1902, Public No. 67, chap. 500, 32 Stat. L., pt. 1, p. 96.) ------------------ 221
An act to provide for refunding taxes paid upon legacies and bequests for uses of a religious, charitable, or educational character, for the encouragement of art, and so forth, under the act of June thirteenth, eighteen hundred and ninety-eight, and for other purposes. (June 27, 1902, Public No. 178, chap. 1160, 32 Stat. L., pt. 1, p. 406.) -------------------------- 225
S. Doe. 105, 58-2- 11 xvili












ARMY AND NAVY.

Fifty-fifth Congress, second session.
Page.
An act to authorize two additional regiments of artillery. (March 8, 1898, Public No. 30, chap. 53, 30 Stat. L.. p. 261.) ----------------------------- 227
An act making appropriations to supply urgant deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteenhundred and ninetyeight, and for prior years, and for other purposes. (March 9, 1898, Public N o. 33, chap. 56, 30 Stat. L., p. 273.) ------. -.------------------- 227
An act to provide for temporarily increasing the military establishment of
the United States in time of war, and for other purposes. (April 22, 1898,
Public No. 67, chap. 187, 30 Stat. L., p. 361.) -------------------------- 228
An act declaring that war exists between the United States of America and
the Kingdom of Spain. (April 25, 1898, Public No. 69,chap. 189, 30 Stat.
L ., p . 3 6 4 .) - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 3 1
An act for the better organization of the line of the Army of the United
States. (April 26, 1898, Public No. 70, chap. 191, 30 Stat. L., p. 864.) ---- 231
An act making appropriations for the naval service for the fiscal year end. ing June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (May 4, 1898, Public No. 76, chap. 234, 30 Stat. L., p. 369.) *----- 233
An act making appropriations to supply deficiencies in the appropriations
for support of the Army for the fiscal year eighteen hundred and ninetyeight, and for other purposes. (May 4, 1898, Public No. 77, chap. 235, 30
Stat. L ., p . 390.) .............................. ---------------- - ------ 234
An act to provide for a volunteer brigade of engineers and an additional � force of ten thousand enlisted men specially accustomed to tropical
climates. (May 11, 1898, Public No. 90, chap. 294, 30 Stat. L., p. 405.) - 235 An act to increase the number of surgeons in the United States Army.
(May 12, 1898, Publi, No. 92, chap. 296, 30 Stat. L., p. 406.) ----------- 236
An act to organize a volunteer signal corps. (May 18, 1898, Public No. 100,
chap. 342, 30 Stat. L., p. 417.) ------------ 236
An act to provide assistance to the inhabitants of Cuba, and arms, munitions, and military stores to the people of the island of Cuba, and for other purposes. (May 18, 1898, Public No. 103, chap. 345, 30 Stat. L., p.
4 1 9 .) - - - - - - - - - - - - - - - - - - - - - . - . - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - . . . . -- - - 2 3 7
An act to provide for the increased volume of work in the AdjutantGeneral's department of the Army due to the calling out of volunteers and the increase of the Regular Army. (May 18, 1898, Public No. 104, chap.
346, 80 Stat. L., p. 419.) -.------------------------------------------ 237
An act providing for the payment and maintenance of volunteers during
the interval between their enrollment and muster into the United States service, and for other purposes. (May 26, 1898, Publi, No. 109, chap. 363,
30 Stat. L.. p. 420.) -------------------------------- ------- - - - - - - - - - 237
An act to amend sections ten and thirteen of an act entitled "An act to provide for temporarily increasing the military establishment of the United State in time of war, and for other purposes," approved April twentysecond, eighteen hundred and ninety-eight. (May 28, 1898, Public No.
112, chap. 367, 30 Stat. L., p. 421.) ------------------------------------- 238
An Act Making appropriations to supply deficiencies in the appropriations
for the payment of pensions, and for other objects, for the fiscal year eighteen hundred and ninety-eight, and for other purposes. (May 31,
1898, Public No. 113, chap. 368, 30 Stat. L., p. 422.) - 238 An Act To suspend certain provisions of law relating to hospital stewards
in the United States Army, and for other purposes. (June 2, 1898, Public
No. 116, chap. 371, 30 Stat. L., p. 428.) --------------------------------- 239
* XVIII





Page.
An Act To authorize the establishment of post-offices at military posts or
camps. (June 6, 1898, Public No. 122, chap. 388, 30 Stat. L., p. 43-2.) --- 239
An Act To suspend the operation of certain provisions of law relatng to
the War Department, and for other purposes. (June 7, 1898, Public No.
126, chap. 392, 3.9 Stat. L ., p. 433.) - ---------- ------------------ ---- 240
An Act Making approrriations to supply urgent deficiencies in the appropriations for the support of the military and naval establishments for the fiscal year eighteen hundred and ninety-eight, and for other purposes.
(June 8, 1898, Public No. 129, chap. 395, 30 Stat. L., p. 437.) ------.----- 242
An act making appropriations for the service of the Post-Office Department
for the fiscal year ending June thirtieth, eighteen hundred and ninetynine. (June 13, 1898, Public No. 131, chap. 446, 30 Stat. L., p. 440.) --- 243 An act for the protection of homestead settlers who enter the military or
naval servi(;e of the United States in time of war. (June 16, 1898, Public
No. 140, chap. 458, 30 Stat. L., p. 473.) --------------------------------- 243
An act to organize a hospital corps of the Navy of the United States; to
define its duties and regulate its pay. (July 17,1898, Public No. 143, chap.
463, 30 Stat. L., p. 474.) -------------------------------------------- 244
An act to amend an act entitled "An act to promote the administration of
justice in the Army," approved October first, eighteen hundred and ninety, and for other purposes. (June 18.1898, Public No. 149, chap. 469, 30 Stat.
L .. p . 4 8 3 .) - - - -- - - -- - - - -- - - -- - --- -- --- - - ---- -- -- -- - - -- -- -- - - -- - ---- 2 45
An act to amend section ten of an act approved April twenty-second, eighteen
hundred and ninety-eight, entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes." (June 29, 1898, Public No. 169, chap. 538, 30
Stat. L., p. 525.) --..---------- -- --------------------------- - - - - - - - - 246
An act to authorize appointment of a military storekeeper in the Army.
(July 1, 1898, Public No. 174. chap. 544, 30 Stat. L., p. 571.) - 246 An act to relieve owners of mining claims who enlist in the military or
naval service of the United States for duty in the war 7ith Spain fram performing assessment work during such term of service. (July 2, 198,
Public No. 179, chap. 563, 30 Stat. L., p. 651.) --------------------- 247
An act relative to the Corps of Engineers of the Army. (July 5, 1898, Public N o. 181, chap. 568, 30 Stat. L., p. 652.) ------------------------------ 247
An act making appropriations to supply defciencies in the appropriations
for the fiscal year ending June thirtieth, eighteen hundred and ninetyeight, and for prior years, and for other purposes. (July 7, 1898, Public
No. 182, chap. 571, 30 Stat. L., p. 652.) --- - --- - -------------- 1 248
An act to increase the efficiency of the Quartermaster's Department of the
Army. (July 7, 1898, Public No. 183, chap. 572, 30 Stat. L., p. 714.) ---- 249
An act to increase the efficiency of the Subsistence Department of the Army.
(July 7. 1898, Public No. 184, chap. 573, 30 Stat. L., p. 715.)_ 250 An act to protect the harbor defenses and fortifications constructed or used
by the United States from malicious injury, and for other purposes.
(July 7, 1898, Public No. 187, chap. 576, 30 Stat. L., p. 717.)_ 250 An act to provide for a temporary increase in the Inspector-General's
Department of the Army. (July 7, 1898, Public No. 191, chap. 580, 30
Stat. L., p. 720.) -------------------------------------------------- 251
An act to increase the force of the Ordnance Department. (July 7, 1898,
Public No. 193, chap. 582, 30 Stat. L., p. 720.) ----------------------- 251
An act directing the enlistment of cooks in the regular and volunteer armies
of the United States. (July 7, 1898, Public No. 194, chap. 583, 30 Stat. L.,
p . 7 2 1 .) - - - - - - - - - - - - - - --- - - - ---- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 2 5 2
An act to amend the act relating to pay of volunteer officers and soldiers.
(July 7, 1898, Public No. 195, chap. 584, 30 Stat. L., p. 721.) 252 An act to increase the number of post quartermaster-sergeants in the United
States Army. (July 8,1898, Public No. 203, chap. 642, 30 Stat. L., p. 728.) 252 An act fixing pay and allowances of chaplains for volunteer regiments.
(July 8, 1898, Public No. 205, chap. 644, 30 Stat. L., p. 729.) ........... 253
An act making appropriations to pay session employees of the House of
Representatives, and for other purposes. (July 8, 1898. Public No. 207,
chap. 646, 30 Stat. L., p. 730.) ------------------------------------ 253


CONTENTS.


XIX




CONTENTS.


Page.
Joint resolution No. 11, to provide for recovering the remains of officers and men and property from the wrecked United States ship Maine, and making an appropriation therefor. (February 23, 1898, Public Resolution No. 10, 30 Stat. L., p. 735.) ---------------- 253
Joint resolution No. 19, providing for the temporary admission free of duty of naval and military supplies procured abroad. (April 1, 1898, Public Resolution No. 16, 30 Stat. L., p. 737.) --------------------------------253
Joint resolution No. 21, relative to suspension of part of section three hundred and fifty-five of Revised Statutes, relative to erection of forts, fortifications, and so forth. (April 11, 1898, Public Resolution No. 18, 30 Stat. L., p. 737.) ----------------------------- 254
Joint resolution No. 24, for the recognition of the independ nce of the peoplo of Cuba. demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect. (April 20, 1898, Public Resolution No. 21, 30 Stat. L., p. 738.) ------------------------------------254
Joint resolution No. 25, to prohibit the export of coal or other material used in war from any seaport of the United States. (April 22, 1898, Public Resolution No. 22, 30 Stat. L., p. 739.) --------------------------------255
Joint resolution No. 33. tendering the thanks of Congress to Commodore George Dewey, United States Navy, and to the officers and men of the squadron under his command. (May 10, 1898, Public Resolution No. 30, 30 Stat. L., p. 742.) ---------------------- -------------------------- 255
Joint resolution No. 38, providing for the organization and enrollment of the United States Auxiliary Naval Force. (May 26,1898, Public Resolution No. 34, 30 Stat. L., p. 744.) --------------------------------- 255
Joint resolution No. 39. ratifying and confirming certain temporary at pointments of officers of the Navy. (May 26, 1898, Public Resolution No. 35, 30 Stat. L., p. 745.) -------------------------- ---------------------- 256
Joint resolution No. 42, authorizing the Secretary of the Navy to present a sword of honor to Commodore George Dewey, and to cause to be struck bronze medals commemorating the battle of Manila Bay, and to distribute such medals to the officers and men of the ships of the Asiatic Squadron of the United States. (June 3, 1898, Public Resolution No. 38, 30 Stat. L., p. 746.) -------------------------- -----------------------------256
Joint resolution No. 48, authorizing the President in his discretion to waive the one-year suspension from promotion and to order reexamination of officers of the Army in certain cases. (June 14, 1898, Public Resolution No. 4, 30 Stat. L., p. 747.) -------------------------------------------- 257
Joint resolution No. 57. to correct an omission relative to signal officers on the staff of corps commanders, and for other purposes. (July 8, 1898, Public resolution No. 53, 30 Stat. L., p. 752.) -------------------------- 257

Fifty-fifth Coigress, tird session.

An act making appropriations to supply urgent deficiencies in the appropriations for the support of the military and naval establishments for the last six months of the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (January 5,1899, Public No. 10, chap. 41, 30 Stat. L., p. 772.) ------------------------------------------ 257
An act granting extra pay to officers and enlisted men of the United States
Volunteers. (January 12,1899, PublicNo. 14, chap. 46, 30 Stat. L., p. 784.) - 258 An act for adjusting clothing account for deceased soldiers in certain cases.
(February 8, 1899, Public No. 39, chap. 123, 30 Stat. L., p. 822.) --------- 259
An act authorizing the President to appoint additional cadets at large at the United States Naval Academy. (February 25, 1899, Public No. 69, chap. 190, 30 Stat. L., p. 890.) -----------.----------------------------- 260
An act to permit volunteer regiments to retain their colors. (February 25,
1899, Public No. 70, chap. 191, 30 Stat. L., p. 890.) ---------------------- 260
An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred. (March 1, 1899, Public No. 107, chap. 327, 30 Stat. L., p. 959.) --------------------- 260





Page.
An act for increasing the efficiency of the Army of the United States, and
for other purposes. (March 2, 1899, Public No. 128, chap. 352, 30 Stat. L.,
p . 9 7 7 .) - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - --- 2 6 0
An act making an appropriation to carry out the obligations of the treaty
between the United States and Spain concluded December tenth, eighteen hundred and ninety-eight. (March 2, 1899, Public No. 152, chap. 376, 30
Stat. L., p. 993.) ------------------------------------------------------2 67
An act creating the office of the Admiral of the Navy. (March 2, 1899,
Public No. 154, chap. 378, 30 Stat. L., p. 995.) --------------------------- 267
An act to reorganize and increase the efficiency of the personnel of the
Navy and Marine Corps of the United States. (March 3, 1899, Public NO.
177, chap. 413, 30 Stat. L., p. 1004.) --------------------------- ------- 267
An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes. (March 3,
1899, Public No. 185, chap. 421, 30 Stat. L., p. 1024.) ----------------- 274
An act making appropriation for the support of the Regular and Volunteer
Army for the fiscal year ending June thirtieth, nineteen hundred.
(March 3. 1899, Public No. 187, chap. 423, 30 Stat. L., p. 1064.) - 275 Act act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for prior years, and for other purposes. (March 3, 1899, Public No.
191, chap. 427, 30 Stat. L., p. 1214.) ---------- z . -------------------- 277
An act to amend an act entitled "An act to suspend the operation of certain provisions of law relating to the War Department, and for other purposes." (March 3, 1899, Public No. 200, chap. 436, 30 Stat. L., p. 1350.) ---------- 278
Joint resolution No. 17, authorizing the Secretary of the Navy to pay certain
laborers, workmen, and mechanics at United States navy-yards and naval stations fifty per centum additional for work performed in excess of eight hours pEr diem. (February 25, 1899, Public resolution No. 17, 30 Stat. L., p. 1389.) -------------------------------------------------------------- 280

Fifty-sixth Congress, first session.

An act to present to the city of Nashville. Stat' of Tennessee, the cannon on the gunboat Nashville from which was firedl the first shot in the SpanishAmerican war. (February 3, 1900, Public No. 8. chap. 8, 3t Stat. L., p. 5.) - 280 An act authorizing payment of commutation of ration to the petty officers of the Navy who served on detached duty between March first, eighteen hundred and ninety-eight, and November fourth, eighteen hundred and ninety-nine. (February 7, 1900, Public No. 9, chap. 9, 31 Stat. L., p. 5.)- 281 An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (February 9, 1900, Public No. 14, chap. 14, 31 Stat. L ., p. 7.) ----------------------------- . --- - ----. 281
An act to amend an Act entitled "An act to ainend an act to ,u pend the operation of certtin provisions of law relating to the War Department, and for other purposes." (February 24, 1900, Public No. 24, (hap. 24, 31 S ta t. L ., p . 3 2 .) ---- ------ ---- - ----- -- ------ ---- ---- ---- ------ ---- -- ---- 2 8 2
An act making appropriations to supply additional urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. -(March 30, 19-0, Public N o. 51, chap. 118, 31 Stat. L., p. 54.) --------------------- ------ 284
An act repealing section forty-seven hundred and sixteen of the Revised Statutes so far as the same may be applicable to the claims cf dependent parents of soldiers, sailors, and marines who served in the Army or Navy of the United States during the war with Spain. (April 18, 1900, Public No. 73, chap. 244, 31 Stat. L., p. 136.) 284 An act making appropriation for the support of the Regular and Volunteer Army for the fiscal yeAr ending June thirtieth, nineteen hundred and one. (May 26, 1900, Public No. 123, chap. 586, 31 Stat. L., p. 205.) ------------ 284
An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and one. (June 2, 1900, Public No. 138, chap. 613, 31 Stat. L., p. 252.) -..---- ---- 286


CONTENTS.


XXr




XXII CONTENTS.

Page.
An act making appropriations to supply deficiencies in the appropriations
for the fiscal year ending June thirtieth, nineteen hundred, and fcr prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785,
31 Stat. L., p. 280.) ---------------------------------------------------- 286
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6, 1900, Public No. 163, chap. 791, 31
Stat. L., p. 588.) ---------------------------......-------------------- 288
An act making appropriations for the Naval service for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 7, 1900, Public No. 195, chap. 859, 31 Stat L., p. 694.) -------------288
An act to authorize the payment of traveling allowances to enlisted men
of the regular and volunteer forces when discharged by order of the Secretary of War and stated by him as entitled to travel pay. (June 7, 1900, Public No. 196, chap. 860, 31 Stat. L., p. 708.) -------------------------- 290
Joint resolution No. 24, recognizing the gallantry of Frank H. Newcomb,
commanding the revenue cutter Hudson; of his officers and men; also retiring Capt. Daniel B. Hodgsdon, of the Revenue-Cutter Service. for efficient and meritorious services in command of the cutter Hugh McCulloch at Manila. (May 3,1900, Public Resolution No. 24,31 Stat. L., p. 716.) - 291 Joint resolution No. 31, for the appointment of first lieutenants of volunteers in the Signal Corps of the Army. (June 4, 1900, Public Resolution No. 31, 31 Stat. L., p. 719.) -- -- ..............-- ------------------------ 2 92
Joint resolution No. 42, donating condemned cannon to the Commandery in Chief of the Sons of Veterans, United States of America. (June 7, 1900, Public Resolution No. 42, 31 Stat. L., p. 723.) ---------- 292

Fifty-sixth Congress, second session.
An act to increase the efficiency of the permanent military establishment of the United States. (February 2, 1901, Public No. 30, chap. 192, 31 S ta t. L ., p . 748 .) ------ ---- ----- ----- ---- - -------- ---- -- - ---- ---- ---- 292
An act for the payment of travel allowances, on discharge from the Volunteer Army, to certain officers and enlisted men who reentered the military service of the United States in the Philippine Islands. (February 8, 1901, Public No. 39, chap. 342, 31 Stat. L.. p. 762.) -- 306 An act providing that entrymen under the homestead laws who have served in the United States Army, Navy, or Marine Corps during the Spanish war or the Philippine insurrection shall have certain service deducted from the time required to perfect title under homestead laws, and for other purposes. (March 1, 1901, Public No. 110, chap. 674, 31 S tat. L .. p . 847.) --------------- ------- -------.-.. ------- -------------- 307
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. (Iarch 1, 1901, Public No. 113, chap. 677, 31 Stat. L ., p. 873.) -- ------------------------ - --------- 308
.An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public N o. 118, chap. 803, 31 Stat. L., p. 895.) -------------- . ------- ---- 308
An act to prevent the failure of military justice, and for other purposes.
(March 2, 1901, Public No. 124, chap. 809, 31 Stat. L., p. 950.) - - 311 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior -cars, and for other purposes. (March 3, 1901, Public No. 136, chap. 831, 31 Stat. L ., p. 1010.) --------- - --------------------------- 313
An act to amend "An act authorizing certain officers of the Navy and
Marin' Corps to administer oaths." approved January twenty-fifth, eighteen hundred and ninety-five. (March 3, 1901,Public No. 139, chap. 834, 31 Stat. L., p. 1086.) --------------------------------------------- 315
An act for the reward of enlisted men of the Navy or Marine Corps.
March 3, 1901, Public No. 155, chap. 850, 31 Stat. L., p. 1099.) ----------- 316
An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and two. (March 3, 1901, Public No. 156, chap. 851, 31 Stat. L., p. 1099.) -- ------- 316






Page.
An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 157, chap. 852, 31 Stat. L., p. 1107.) 316 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 158, chap. 853, 31 S ta t. L ., p . 1133.) --- -- -------------------- ------- - -------- -------- 3 19
Joint resolution No. 18, authorizing the Secretary of the Navy to cause bronze medals to be struck and distributed to certain officers and men who participated in the war with Spain, and for other purposes. (March 3, 1001, Public Resolution No. 17, 31 Stat. L., p. 1465.) -- --------------- 320

Fifty-seventh Congress, first session.
An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (February 14, 1902, Public No. 9, chap. 17, 32 Stat. L., pt. 1, p. 5.) -- 320 An act to allow the commutation of and second homestead entries incertain cases. (May 22, 1902, Public No. 1,22, chap. 821, 31 Stat. L., pt. 1,
p . 2 0 3 .) - - - - - - - - - - - --- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- 3 2 1
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, Public No. 182, chap. 1301. 32 Stat. L ., p t. 1 , p . 4 19 .) ---- -- ---- -- - ----- - ---- -- ---- ----- ---- ----- --- --- -- --- 3 2 2
An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, .nineteen hundred and three. (June 30, 1902, Public No. 205, chap. 1328, 32 Stat. L., pt. 1, p. 507.) - 323 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (July 1, 1902, Public No. 217, chap. 1351,,32 Stat. L ., pt. 1. p. 552 ) -------------------------------- 325
An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (July 1, 1902, Public No. 234, chap. 1368, 32 Stat. L., pt. 1, p. 662.) ------ 327

Fifty-seventh Congress, second session.
An act authorizing the Secretary of the Navy to return to Harvard University certain colors, silver cup, and Nordenfeldt gun. (January 13, 1903, Public No. 23, chap. 133, 32 Stat. L., pt. 1, p. 770.) -------- - ------ 330
An act to increase the efficiency of the Army. (February 14, 1903, Public N o. 88, chap. 553, 32 Stat. L., pt. 1, p. 830.) ----------------------------- 330
An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and four. (March 2, 1903, Public No. 132, chap. 975, 32 Stat. L., pt. 1, p. 927.) ------ 332
An act to authorize the settlement of the accounts of officers of the Army.
(March 2, 1903, Public No. 140, chap. 990. 32 Stat. L., pt. 1, p. 955.) ------ 334
Au act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32 Stat. L., pt. 1, p. 1031.) ----------------------------------- 335
An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903. Public No. 157, chap. 1007, 32 Stat. L ., pt. 1, p. 1083.) ------------------------------------------------------ 337
An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 160, chap. 1010, 32 Stat. L., pt. 1, p. 1177.) ---- 338
Joint resolution No. 2, relating to military badges. (January 12, 1903, Public Resolution No. 2, 32 Stat L., pt. 1, p. 1229.) ---------------------- 341


CONTENTS.


XXIII
















TREATIES AND CONVENTIONS.
Page.
Protocol of agreement between the United States and Spain, embodying the terms of a basis for the establishment of peace between the two countries. Signed at Washington August 12, 1898. (30 Stat. L., p. 1742.)_ 343 Treaty of peace between the United States of America and the Kingdom of Spain. Signed at Paris December 10, 1898; ratification advised by the Senate February 6, 1899; ratified by the President February 6, 1899; ratifled by Her Majesty the Queen Regent of Spain March 19, 1899; ratifications exchanged at Washington April 11, 1899; proclaimed, Washington, April 11, 1899. (30 Stat. L., p. 1754.) -------------------------------- 345
Convention between the United States of America, Germany, and Great
Britain relating to the settlement of certain claims in Samoa by arbitration. Signed at Washington November 7, 1899: ratified by the Emperor February 18, 1900; ratification advised by the Senate February 21, 1900; ratified by the Queen February 22, 1900; ratified by the President March 5, 1900; ratifications exchanged March 7, 1900; proclaimed March 8, 1900.
(31 Stat. L., p. 1875.) .--------------------------------------------- 357
Convention between the United States, Germany, and Great Britain to adjust amicably the questions between the three Governments in respect to the Samoan group of islands. Signed December 2, 1899; ratification advised by the Senate January 16, 1900; ratified by the President February 13, 1900; ratifications exchanged February 16, 1900; proclaimed February 16, 1900. (31 Stat. L.,p. 1878.) -------------------------- 361
Protocol of agreement extending, as to the Philippine Islands, for six months
from April 11, 1900, the period fixed in Article IX of the treaty of peace between the United States and Spain, signed at Paris December 10, 1898, during which Spanish subjects, natives of the Peninsula, may declare their intention to retain their Spanish nationality. Signed at Washington March 29, 1900; advice and consent of the Senate April 27, 1900; proclaimed April 28, 1900. (31 Stat. L., p. 1881.) ----------- ---------- 364
Treaty between the United States and Spain for the cession to the United States of any and all islands of the Philippine Archipelago lying outside of the lines described in Article III of the treaty of peace of December 10, 1898. Signed at Washington November 7, 1900; ratification advised by the Senate January 22, 1901; ratified by the President January 30, 1901; ratified by Spain February 25, 1901; ratifications exchanged at Washington March 23, 1901: proclaimed March 23, 1901. (31 Stat. L., p. 1942.) --- 366 Commercial convention between the United States and Cuba. Signed at Havana December 11, 1902; ratifications with amendments advised by the Senate March 19, 1903; ratified by the President March 30, 1903; ratified by Cuba March 30, 1903; ratifications exchanged at Washington March 31, 1903; proclaimed December 17, 1903. (Stat. L., p.) ------------------369
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. Signed at Habana July 2, 1903; approved by the President October 2, 1903; ratified by the President of Cuba August 17, 1903; ratifications exchanged at Washington October 6, 1903. (Stat. L., p.) ---------- 380
Xxiv


















PROCLAMATFIONS BY THE PRESIDENT OF THE UNITED STATES.
Page.
Institution of blockade proclaimed in Cuba. (No. 6. April 22, 1898, 30 Stat. L ., p . 1 7 6 9 .) . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 3 8 4
Calling for 125,000 volunteers for war with Spain. (No. 7, April 23, 1898, 30 Stat. L . ,p . 1770.) -------------- - -..... . ......- 385
Declaring principles relative to maritime law, neutral flag, neutral goods, blockades, etc.. in war with Spain. (No. 8. April 26, 1898, 30 Stat. L., p . 1 7 7 0 .) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..- 3 8 6
Calling for 75,000 volunteers, second call. (No. 10. May 25, 1898, 30 Stat. L ., p . 1 7 72 .) .. .. . . . . .. . . . . . . . .. .. . . ... ..- -. . . . . . . . .. . . . . . .. . 3 8 7
Extension of blockade in Cuba and Porto Rico. (No. 13, June 27, 1898,30 S tat. L ., p . 1776.) ...................... ... ...-. -.-.......... ...... . 388
Suspension of hostilities, War with Spain. (No. 17, August 12, 1898, 30 S ta t. L ., p . 1780.) ------------ ------ ------ -- -------- ---- ------------- ---- 388
November 24, 1898, set apart as a day of national thanksgiving. (No. 21, October 28, 1898, 30 Stat. L., p. 1786.) 389 Reservation of land for naval purposes, Honolulu, H. I. (No. 22, November 2, 1898, 30 Stat. L .. p. 1786.) . ......................... ....... ....- 390
Reservation of land for naval purposes in Porto Rico. (No. 1, March 29, 1899, 31 Stat. L ., p . 1947.) ... ..................... ....................- 391
November 30, 1899, set apart as a day of national thanksgiving. (No. 7, October 25, 1899, 31 Stat. L., p. 1958.) --------------------------------- 392
Reservation of land for naval purposes in Hawaiian Islands. (No. 8, November 10, 1899, 31 Stat. L., p. 1959.) ----------. 393
Declaring organization of civil government in Porto Rico, cessation of tariff, establishment of local taxation. (No. 8, July 25, 1901, 32 Stat. L., pt. 2, p. 1983.) ---------------------------------------------------.--- 396
Suspension of discriminating tonnage, etc., duties on Cuban vessels and merchandise. (No. 28, July 3, 1902, 32 Stat. L.,pt. 2, p. 2013.) 397 Granting Amnesty to insurrectionists in the Philippine Islands. (No. 29, July 4, 1902, 32 Stat. L., pt. 2, p. 2014.) . ....... ....................- 398
Setting apart land for public forest reserve in Porto Rico. (No. 41, January 17, 1903, 32 Stat. L., pt. 2, p. 2029.) ------------------- -- --- 400
S. Doe. 105, 58-2- III xxv













ACTS OF CONGRESS, TREATIES AND PROCLAMATIONS RELATING TO INSULAR AND MILITARY AFFAIRS.



PIILIPPINES.
_Fiifly-, ffh ( ogc.',th ird session.

[No. 25.] Joint Resolution Providing for the printing of the March 1,1899. Report on the Financial and Industrial Conditions of the Philippine [Pu.) Res. No. Islands. by Edward AV. Harden, special commissioner of the United 24.] States. ) Stats. L., p.
1391.
Resolved by the Senate and House cf Representatives of
the United States of America in Congress assembled, That Printing authorized of Rethere be printed nine thousand copies of the Report Oil port on Finanthe Financial and Industrial Conditions of the Philippine .i. and Indus++ � . . .trial C~ondiltions Islands, by Edward NW. Harden, special commissioner of of the Philipthe United States; three thousand copies for the use of pine Islands. the Senate, five thousand copies for the use of the House of Representatives, and one thousand copies for the use of the Treasury Department.
CHAP. 427. -An Act Making appropriations to supply deficien- March 3,1899. cies in the appropriations for the fiscal year ending June thirtieth. [Public,No191.] eighteen hundred and ninety-nine, and for prior years, and for - 30 stats. L., p. other purposes. 1214.

w\VAR DEPARTMENT.


QUARTERMASTER'S DEPARTMENT: * * * For trails- Transportaportation of the Army and its supplies, namely: * * * tion. including not exceeding one million five hundred thousand dollars for transportation of Spanish prisoners held by the United States and by the insurgents in the Philippine Islands, from those islailds to Spain, as provided by the Treaty of Paris; * *
* * * * *


Js'ifty-sixth Co mj ress, .first Sessil.
CHAP. 14.-An Act Making appropriations to supply urgent Februarytl, ls). deficiencies in the aplropriations for the fiscal year ending June [Public No. 14.] thirtieth, nineteen hundred, and for prior years, and for other :It Stats. L., p. Purposes. 7.
* * * * *
S. Doe. 105, 58-2-1




2 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

QUARTERMASTER'S DEPARTMENT.

TRANSPORTATION OF THE ARMY AND ITS SUPPLIES:
* * * including not exceeding seven hundred and fifty thousand dollars for transportation of Spanish prisoners held by the United States and by the insurgents ini th Philippine Islands from those islands to Spain, as provided by the Treaty of Paris; *
* * . *-2


Fifty-sixth Congress, second session.
March 2,1901. CHAP. 803.-An Act Making appropriation for the support of [Pnblic,No.118.] the Army for the fiscal year ending June thirtieth, nineteen hun31 Stats. L., p. dred and two.
895.
** * * l
Philippine Is- All military, civil, and judicial powers necessary to govlands
President au-ern the Philippine Islands, acquired from Spain by the ttorized to es-treaties concluded at Paris on the tenth day of December, tablish temporary civil gov- eighteen hundred and ninety-eiaht, and at Washington on ernent in. the seventh day of November, nineteen hundred, shall,
-until otherwise provided by Congress, be vested in such person and persons and shall be exercised in such manner as the President of the United States shall direct, for the establishment of civil government and for maintaining and protecting the inhabitants of said islands in the free Provisos. 1 f 1 i
Fre-"se to enjoyment of their liberty, property, and religion: Procontaioreserva-vided, That all franchises granted under the authority tinofright to hereof shall contain a reservation of the right to alter,
amend, or repeal the same.
Reports to be Until a permanent government shall have been estabgress, etc. lished in said archipelago full reports shall be made to
Congress on or before the first day of each regular session of all legislative acts and proceedings of the temporary government instituted under the provisions hereof; and full reports of the acts and doings of said government, and as to the condition of the archipelago and of its people, shall be made to the President, including all inforlnation which may be useful to the Congress in providing for Proviso, a more permanent government: Provided, That no sale or No sale,ete.,of
public lands. lase or other disposition of the public lands or the timber
thereon or the mining rights therein shall be made: And Restrictions . rided further, That no franchise shall be -ranted on grant ofaiic c
franchises. which is not approved by the President of the United
States, and is Dot in his judgment clearly necessary for the immediate government of the islands and indispensable for the interest of the people thereof, and which can not, without great public mischief, be postponed until the establishment of permanent civil government; and all such franchises shall terminate one year after the establishment of such permanent civil government.
Repeal. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed.




LAWS RELATING TO INSULAR AND M1ILITARY AFFAIRS.

Fifty-seventh Congress, first session.
CHAP. 140.-An Act Temporarily to provide revenue for the March 8, 1902. Philippine Islands, and for other purposes. [Public, No. 28.] 'V'Stats. L.. pt.
Be it enacted by the Senate and Honse of Representatices 1, p.54.
h Philippine Isof the United States of America in Congress ossenibled, That lands. the provisions of an Act entitled "An Act to revise and Tariff laws of PhilippineComamend the tariff laws of the Philippine Archipelago," en- mission conacted by the United States Philippine Commission on thefirmed' seventeenth day of September, nineteen hundred and one, shall be and remain in full force and effect, and there shall be levied, collected, and paid upon all articles coming into the Philippine Archipelago from the United States the rates of duty which are required by the said Act to be levied, collected, and paid upon like articles imported from foreign countries into said archipelago.
SEC. 2. That on and after the passage of this Act there Articles from
-" Philippines to shall be levied, collected, and paid upon all articles coin-payregularcusing into the United States from the Philippine Archipelago tois duties. the rates of duty which are required to be levied, collected, and paid upon like articles imported from foreign countries: Provided, That upon all articles the growth and Prorlso. .
Reduction on
product of the Philippine Archipelago coining into the PhilippineprodUnited States from the Philippine Archipelago there shall ucts. be levied, collected, and paid only seventy-five per centuni of the rates of duty aforesaid : And prorided frther, That Duty tobe less the rates of duty which are required hereby to be levied, exeports.vied on collected, and paid upon products of the Philippine Archipelago coming into the United States shall be less any duty or taxes levied, collected, and paid thereon upon the shipment thereof fron the Philippine Archipelago, as provided by tile Act of the United States Philippine Commission referred to in section one of this Act, under such rules and regulations as the Secretary of the Treasury may prescribe, but all articles, thle growth and product of the Phil- Articles on � free list exempt ippine Islands, admitted into the ports of the United States from Philippine free of duty under the provisions of this Act and coming export duties. directly from said islands to tile United States for use and consumption therein, shall be hereafter exempt from any export duties imposed in the Philippine Islands. '
SEC. 3. That on and after the passage of this Act the Tonnage tax on foreign yessame tonnage taxes shall be levied, collected, and paid sels. upon all foreign vessels coining into the United States from the Philippine Archipelago which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countries: Prorided, however, ,ro.i.os.
ITemporary
That until July first, nineteen hundred and four, the pro- permit to forvisions of law restricting to vessels of the United Statteseignvessels. the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging il trade between the Philippine Archipelago and the United States, or between ports in the




4 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Licenses to Philippine Archipelago: And providedlJ o tia, That the harbor vessels. Philippine Commission shall be authorized and enipovwered

a The above was amended April 15, 1904, as follows:
AN ACT To regulate shipping in trade between ports of the United States
and ports or places in the Philippine Archipeligo, between ports or places in
the Philippine Archipelago, and for other purposes.
Be it enacted by the Sen ate an (l House of lhprese)toIires of the
United States of America in Con press asseinled. That on and after July first, nineteen hundred and six, no merchandise except supplies for the Army or Navy shall be transp)rted by sea, under penalty of forfeiture thereof, between ports of the United States and ports or places in the Philippine Archipelago, directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any forei-n vessel between any port of the United States and any port or place in the Philippine Archipelago: Procided, That no merchandise other than that imported in such vessel from some foreign port which has been specified on the manifest as for another port, and which shall not have been unleaded, shall be carried between a port of the United States and a port or place in the
Philippine Archipelago.
SEC. 2. That on and after July first, nineteen hundred and six, no
foreign vessel shall transport passengers between ports of the United States and ports or places in the Philippin- Archipelago, either directly or by way of a foreign port. under a penAity of two hundred
dollars for each passenger so transported and landed.
SEC. 3. That sections one and two of this Act shall not apply to
the transportation of merchandise or passengers between poris or places in the Philippine Archipelago. Until Congress shall have authorized the registry as vessels of the United States of es els owned in the Philippine Archipelago the government ot the Philippine Islands is hereby authorized to adopt, from time to tine. and enforce regulations governing the transportation of merchndiso and
passengers between ports or places in the Philippine Archipelago.
Sr c. 4. That sections one and two of this Act shall not apply to tie
voyage of a vessel between a port of the United States and a port or place in the Philippine Archipelago begun before July first, nineteen hundred and six.
SEC. 5. That sections one and two of this Act ,hall not apply to
vessels owned by the United States.
Sac. 6. That on and after the passage of this Act the same tmnage
taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippia Archipelago which are required by law to be levied, collected, and paid upon vessels coming into the United States froni foreign (ionhtries: Provided, however, That until July first, nineteen hundlr'd and six, the provisions of law restricting to vessels of the United I t:tes the transportation of passengers and merchandise directly or idirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States: And provided further. That the Philippine Commission shall be authorized and empowered to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the (late of th passage of this Act. and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhalitants of the
Philippine Islands.
SEC. 7. That this Act shall not be construed to impair or affect
any privilege guaranteed to Spanish ships and merchandise by the treaty of peace between the United States and Spain signed at the city of Paris on December tenth. eighteen hundred and ninety-eight,
and ratified April eleventh, eighteen hundred and ninety-nine.
SEC. 8. That the Secretary of Commerce and Labor shall, from
time to time. issue regulations for the enforcement of this Act.
except as otherwise provided in section three: Provided, That such




LAVS RELATING TO INSULAR AND MILITARY AFFAIRS. 5

to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the date of the passage of this Act, and to vessels or other craft built iii the Philippine Islands or in the United States and owned by citizens of the United States or by inhal)itants of the Philippine Islands.
SEC. 4. That the duties and taxes collected in the Phil- Duties, etc., to ippine Archipelago in Iursuance of this Act, and alluritute n sepduties and taxes collected in the United States upon arti- Treasury for benefit of Philcles coming from the Philippine Archipelagvo and upon ippine Islands. foreign vessels coming iherefron, shall not be covered into the general fund of the Treasury of the United States, but shall he 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.
SEC. 5. That when duties prescribed by this Act are Duties to be based on weight
based upon the weight of merchandise deposited I illny attimeof entry. 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. 6. That all articles manufactured in bonded ma1- Articles exempt from inufacturing warehouses in whole or in part of imported ma- ternal- revenue terials, or of materials subject to internal-revenue tax and tax, etc. intended for shipment from the United States to the Philippine Islands, shall, Mhen so shipped, under such regulations as the Secretary of he Treasury may prescribe, be exempt froni internal-revenue tax, and shall not be charged with duty except the duty levied under this Act upon iiiiports into the Philippine Islands.i

of the navigation laws of the United States as are in force in the Philippine Archipelago in ngard to vessels arriving in the Philippine Islands from the mainland territory and other insular poss ssi'ons of the United States shall continue to be administered by the proper officials of the government of the Philippine Islands. Approved, April 15. 1904.
The following additional legislation was enacted April 2 , 1904: [PUBLIc-No. 258.]
AN ACT To relieve obligors on bonds given to the United States upon the exportatuion to the Philippine Islands prior to November twentieth, nineteen hundred and one, of articles subject to internal-revenue tax. Be it nancted by tMe Senate and House of Representatives f the Unitca *tot(s of A ieerica in Congress asseinbled. That all bonds given to the United States prior to November tw ntieth. nineteen hundred and one, upon the transportation and shipment to the Philippine Islands of articles subject under existing statutes to the payiment of internal-revenue tax, which are in form giv n for the proper exportatiou of the article therein described to a foreign country free of internal-revenue tax. or with benefit of drawback, as the case may be, shall be treated in all respects as if given for and upon a shipment to a foreign country, and shall be canceled upon presentation of evidence of the shipment to a port of the Philippine Islands, or of landing at such port, as the case may be, the same as if such port were . port of a foreign country. The obligors upon any of such bonds shell have such reasonable time from and after the passage of this Act as may be prescribed by the Secretary oi the Treasury within which to present the evidence required by existing statutes for the cancellation of such bonds.
Approved, April 28, 1904.




L.,kWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Drawbacks, That all articles subject under the laws of the United States to internal-revenue tax, or on which the internalrevenue tax has been paid, and which may under existing laws and regulations be exported to a foreign country without the payment of such tax, or with benefit of drawback, as the case may be, may also be shipped to the Philippine Islands with like privilege, under such regulations and the filing of such bonds, bills of lading, and other security as the Commissioner of Internal Revenue may, with the Taxes refund- approval of the Secretary of the Treasur3,prescrihe. And ed. all taxes paid upon such articles shipped to the Philippine
Islands since November fifteenth, nineteen hundred and one, under the decision of the Secretary of the Treasury of that date, shall be refunded to the parties who have paid the same, under such rules and regulations as the Secretary of tle Treasury may prescribe, and a sum suffiAppropria- cient to make such payment is hereby appropriated, out tion.
of any money in the Treasury not otherwise appropriated. Drawback for That where materials on which duties have been paid materials. are us ed in the manufacture of articles nanufactured o1
produced in the United States, there shall be allowed on the shipment of said articles to the Philippine Archipelago a drawback equal in amount to the duties paid on the materials used, less one per centum of such duties, under such rules and regulations as the Secretary of the Treasury may )rescribe.
Reexportation SEC. 7. That merchandise iii bonded warehouse or otherto the Philippines. wise in the custody and control of the officers of the customs, upon which duties have been paid, shall be entitled, on shipment to the Philippine Islands within three years from the date of the original arrival, to a return of the duties paid less one per centun, and merchandise upon which duties have not been paid may be shipped without the payment of duties to the Philippine Islands within said period, under such rules and regulations as may be
prescribed by the Secretary of the Treasury.
Customs ad- SEC. 8. That the provisions of the Act entitled "An Act ministration
and tariff laws to sinlplify the laws in relation to the collection of reveapplicable. nues, approved June tenth, eighteen hundred and ninety, Vol. 26, p. 131. tn Vol. 30, p. 151. as amended byan Act entitled "An Act to provide for the Government and to encourage the industries of the United States," approved July twenty- fourth, eighteen hundred and ninety-seven, shall apply to all articles coming into
the United States from the Philippine Archipelago. Treason. SC .'ut10pr~ ntm
Evidence SEC. 9. That no person in the Philippine Islands slall, essary to con- under the authority of the United States, be convicted of vict accused. treason by any tribunal, civil or military, unless on the
testimony of two witnesses to the same overt act, or on
confession in open court.


July 1, 1902. CHAP. 1369.-An Act Temporarily to provide for the adminis[Public,No.235] tration of the affairs of civil government in the Philippine Islands, :-Stats. ']pt and for other purposes. Pllppine Is- Be it enacted by the Senate and House of Representalives lands, of the United States of America in Congress assembled, That




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.


the action of the President of the United States in creatino Temtporary Civil governthe Philippine Commission and authorizing said Commis-ment estabsion to exercise the powers of government to the extent ted. in, rati. and in the manner and form and subject to the regulation and control set forth in the instructions of the President to the Philippine Commission, dated April seventh, nineteen hundred, and in creating the offices of civil governor and vice-governor of the Philippine Islands, and authorizing said civil governor and vice-governor to exercise the powers of government to the extent and in the manner and form set forth in the Executive order dated June twentyfirst, nineteen hundred and one, and in establishing four executive departments of government in said Islands as set forth in the Act of the Philippine Commission, entitled "An Act providing an organization for the departments of the interior, of commerce and police, of finance and justice, and of public instruction," enacted September sixth, nineteen hundred and one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said islands shall continue to be governed as thereby and herein provided, and all laws passed hereafter by the Philippine Commission shall have ami enacting clause as follows:" 3y authority of the United States be it enacted by Cn titu t i n � . .. . , . . , wsof the
the Philippind Connission." The provisions of sectiOnUnited States eighteen hundred and ninety-one of the Revised Statutes" not applicable.
ZR ... -,( . , 1 , of eighteen hundred and seventy-eight shall not apply to p. .. the Philippine Islands.
Future appointments of civil governor, vice-governor, Future civil in I appoi ntmnnts members of said Commission and heads of executive de- in. partments shall be made by the President, by and with the advice and consent of the Senate.
SEC. 2. That the action of the President of the United Tariff duties and taxes
States heretofore taken by virtue of the authority vested . in him as Commander in Chief of the Army and Navy, as set forth in his order of July twelfth, eighteen hundred and ninety-eight, whereby a tariff of duties and taxes as set forth by said order was to be levied and collected at all ports and places in the Philippine Islands upon passing into the occupation and possession of the forces of the United States, together with the subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the actions of the authorities of the government of the Philippine Islands, taken in accordance with the provisions of said order and subsequent amendments, are hereby approved: Provided, That nothing contained in proviso.
Revenue law
this section shall be held to amend or repeal an Act en- not affected. titled "An Act temporarily to provide revenue for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two.
SEC. 3. That the President of the United States, during .mrial
� " J n intere'ourse dur. such time as and-whenever the sovereignty and authority ing hostilities. of the United States encounter armed resistance iW the Philippine Islands, until otherwise provided by Congress, shall continue to regulate and control commercial intercourse with and within said Islands by such general rules and regulations as lie, in his discretion, may deem most conducive to the public interests and the general welfare.




8 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.
Philippine SEC. 4. That all inhabitants of the Philippine Islands citienhi. continuing to reside therein who were Spanish subjects on
the eleventh day of April, eighteen hundred and ninetynine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed and held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris
December tenth, eighteen hundred and ninety-eight. Declaration of
rights. SEC. 5. That no law shall'be enacted in said islands Proteetio, to which shall deprive any person of life, liberty, or property lf ,jierty, otc
life, ie, without due process of law, or deny to any person therein
the equal protection of the laws.
Criminal pro- That in all criminal prosecutions the accused shall enjoy ecutions. the right to be heard by himself and counsel, to demand
the nature and causeof the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf.
Trial. That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness
against himself.
Bail, exception. That all persons shall before conviction be bailable by
sufficient sureties, except for capital offenses.
Contracts. That no law impairing the obligation of contracts shall be enacted.
Inaprisonmeut That no person shall be imprisoned for debt. for debt.
writs of ha- That the privilege of the writ of habeas corpus shall not beascorpus. be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the governor, with the approval of the Philippine Commission, wherever during such period the necessity for such suspension shall exist.
Ex Post facto That no ex post facto law or bill of attainder shall 1e laws, etc. enacted.
Title of nbil- That no law granting a title of nobility shall be enacted, ty, et. and no person holding any office of profit or trust in said
islands, shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prillee,
or foreign State.
ixc,, ,si,til, That excessive bail shall not be required, nor excessive etc. fines imposed, nor cruel and unusual punishment inflicted. si. ....t. That the right to be secure against unreasonable searches and seizures shall not be violated.
Shvery. That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have
been duly convicted, shall exist in said islands.
Sreel,,m of That no law shall be passed abridging the freedom of speeln, speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress
of grievances.




LAWS RELATING TO INSULAR AND -MILIrARY AFFAIRS.


That no law shall be made respecting an establishment, Pe 1 g i ,on s of religion or prohibiting the free exercise thereof, and freedom. that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.
That no money shall be paid out-of the treasury except Appropriain pursuance of an appropriation by law. tions.
That The rule of taxation in said islands shall be uni- Taxation. form.
That no private or local bill which may be enacted into Private bills. law shall embrace more than one subject, and that subject shall be expressed in the title of the bill.
That no warrant shall issue but upon probable cause, Search warsupported by oath or aflirnation, and particularly describ- rants, ing the place to be searched and fhe person or things to be seized.
That all money collected on any tax levied or assessed Special taxes. for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only.
SEC. 6. That whenever the existing insurrection in the Census to be Philippine Islands shall have ceased and a condition of taken. general and complete peace shall have been established therein and the fact shall be certified to the President by the Philippine Commission, the President, upon being satisfied thereof, shall order a census of the Philippine Islands to be taken by said Philippine Commission; such census in its inquiries relating to the population shall take and make so far as practicable full report for all the inhabitants, of name, age, sex, race, or tribe, whether native or foreign born, literacy in Spanish, native dialect or language, or in English, school attendance, ownership of homes, industrial and social statistics, and such other information separately for each island, each province, and municipality, or other civil division, as the President and said Commission may deei necessary: Provided, Po.iso.
IAid of Census
That the President may, upon the request of said Coin- ureau. mission, in his discretion, employ the service of the Census Bureau in compiling and promulgating the statistical information above provided for, and may commit to such Bureau any part or portion of such labor as to him may seem wise.
SEC. 7. That two years after the completion and pub- General eleclieation of the census, in case such condition of general tion, etc. "ad complete peace with recognition of the authority of the United States shall have continued in the territory of said Islands not inhabited by Moros or other non-Christian lor os and
-- n o n - C hristian
tribes and such facts shall have been certified to the tribes excluded. President by the Philippine Commission, the President "pon being satisfied thereof shall direct said Commission to call, and the Commission shall call, a general election for the choice of delegates to a popular assembly of the people of said territory in the Philippine Islands, which shall be known as the Philippine assembly. After said Legislativeas� . serbly estabassembly shall have convened and organized, all the legis- Vished. lative power heretofore conferred on the Philippine Coin"'isSion in all that part of said Islands not inhabited by




10 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Moros or other non-Christian tribes shall be vested in a legislature consisting of two houses-The Philippine Commission and the Philippine assenbly. Said assembly shall consist of not less than fifty nor more than one hundred members to be apportioned by said Commission among the provinces as nearly as practicable according to Pr.ovisos. population: Provided, That no province shall have less Minimum representation, than one member: And provided fit rther, That provinces Election dis- entitled by population to more than one member may be tricts. divided into such convenient districts as the said Conmission may deem best.
Pubic notice. Public notice of such division shall be given at least ninety days prior to such election, and the election shall be held under rules and regulations to be prescribed by Qualificatio law. The qualification of electors in such election shall of electors. l)e the same as is now provided by law in case of electors Terms of of- in municipal elections. The members of assembly shall re. hold office for two years from the first day of January
next following their election, and their successors shall be chosen by the people every second year thereafter. Eligibility. No person shall be eligible to such election who is not a qualified elector of the election district in which he may be chosen, owing allegiance to the United States, and
twenty-five years of age.
Annual ses- The legislature shall hold annual sessions, commencing sionls, on the first Monday of February in each year and continuing not exceeding ninety days thereafter (Sundays and Provisos. holidays not included): Provided, That the first meeting of the legislature shall be held upon the call of the governor within ninety days after the first election: And Provision for provided further, That if at the termination of any session government ex-th
peses the appropriations necessary for the support of government shall not have been. made, an amount equal to the sums appropriated in the last appropriation bills for such purposes 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.
Special ses- The legislature may be called in special session at any time by the civil governor for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days,
exclusive of Sundays.
Powers and The assembly shall be the judge of the elections, returns, duties, and qualifications of its members. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. It shall choose its speaker and other officers, and the salaries of its members and officers shall be fixed by law. It may determine the rule of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which shall be published, and the yeas and nays of the members on any question shall, on the demand of onefifth of those present, be entered on the journal.




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 11

SEC. 8. That at the same tine with the first meeting of ei Cdntcommissioners to
the Philippine legislature, and biennally thereafter, there t h e U n i t e d shall be chosen by said legislature, each house voting sep- States. arately, two resident commissioners to the United States, who shall be entitled to an official recognition as such by all departments upon presentation to the President of a certificate of election by the civil governor of said islands, Salaries. and each of whom shall be entitled to a salary payable monthly by the United States at the rate of five thousand dollars per annum, and two thousand dollars additional to cover all expenses: Protided, That no person shall be P'.o ,.0o eligible to such election who is not a qualified elector of said islands, owing allegiance to the United States, and who is iot thirty years of age.
SEC. 19. That the Supreme Court and the courts of first n P r e M e instance of the Philippine Islands shall possess and exer- Jurisdiction. cise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by the government of said Islands, subject to the power of said Government to change the practice and method of procedure. The municipal courts of said Islands shall pos- Municipal sess and exercise jurisdiction as heretofore provided bycourts. the Philippine Commission, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justices of Appointment . - � ofjudges. the supreme court shall hereafter be appointed by the President, by and with the advice and consent of the Senate, and shall receive the compensation heretofore prescribed by the Commission until otherwise provided by Congress. The judges of the court of first instance shall be appointed by the civil governor, by and with the advice and consent of the Philippine Commission: Pro ,ided, Pro.iso.
Admiralty juThat the admiralty jurisdiction of the supreme court'and risdiction. courts of first instance shall not be changed except by Act of Congress.
SEC. 10. That the Supreme Court of the United States Appeal, etc., to United States
shall have jurisdiction to review, revise, reverse, modify, Supreme Court. or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United 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 toi enty-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, imodified, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved, ill the same manner, under the same regulations, and by, the same procedure, as far as applicable, as the final judgments and decrees of the circuit courts of the United States. SEC. 11. That the government of the Philippine Islands I in p r ov ements of rivers
is hereby authorizd to provide for the needs of commerce anti harbors.




12 LAWS RELATING TO INSULAR AND -MILITARY AFFAIRS.

Protection to by improving the harbors and navigable waters of said nvgation, etc. islands and to construct and maintain in said navigable
waters and upon the shore adjacent thereto bonded warehouses, wharves, piers, light-houses, signal and life-saving stations, buoys, and like instruments of commerce, and to adopt and enforce regulations in regard thereto, including bonded warehouses wherein articles not intended to be imported into said islands nor mingled with tie property therein, but brought into a port of said islands for reshipment to another country, may be deposited in bond and reshipped to another country without the payment of
customs duties or charges.
Transfer of SEC. 12. That all the property and rights which may rop:et, etc. have been acquired in the Philippine Islands by the United government. States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such otiitr r nsed land or other property as shall be designated 1 the Presitions excepted. dent of the United States for military and other reservations of the Government of the United States, are hereby placed under the control of the government of said islands to be administered for the benefit of the inhabitants
thereof, except as provided in this Act.
Public lands. SEC. 13. That the government of the Philippine Islands, subject to the provisions of this Act and except as herein provided, shall classify according to its agricultural charDisposal of. acter and productiveness, and shall immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral Exception. lands, but such rules and regulations shall not go into ations. effect or have the force of law until they have received the
approval of the President and when approved by the President they shall be submitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by Congress at said session they shall at the close of such period have the force
-proviso. and effect of law in the Philippine Islands: Provided, Homesteads. That a single homestead entry shall not exceed sixteen hectares in extent.
Pei.:(.cting ti- SEC. 14. That the government of tile Philippine Islands tles 1hy present is hereby authorized and empowered to enact rules and
regulationsandto prescribe terms and conditions to enable persons toperfect their title to public lands in said Islands, who, prior to the transfer of sovereignty from Spain to the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for tIme acquisition of legal title thereto Iss,,,tnee of yet failed to secure conveyance of title; and the Philippatent pine Commission is authorized to issue patents, without
compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen heetares in extent, which were public lands and had been actually occupied by such native or his ancestors prior to and on the thirteenth of August, eighteen hundred and ninetyeight.
Limit of sales SEC. 15. That the government of the Philippine Islands to settlers. is hereby authorized and empowered, on such terms as it




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 13

may perscribe, by geneir:l legislation, to provide for the granting or sale and C1veyanice to actual occupants and settlers and other citizens of said islands such parts and portions of the public domain, other than timber and mineral lands, of the United States in said islands as it may deem wise, not exceeding sixteen hectares to any one person and for the sale and conveyance of not more than one thousand and twenty-four hectares to any corporation or association of persons: Provided, That the grant or sale T,-i . of such lands, whether the purchase price be paid at once pen, or in partial payments, shall be conditioned upon actual et. and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto; but such restriction shall not apply to transfers of rights and title of inheritance under the laws for the distribution of the estates of decedents.
SEC. 16. That in granting or selling any part of the pub- Preference to S atu I oceculie domain under the provisions of the last preceding see-"""' tion, preference in all cases shall be given to actual occupants and settlers; and such public lands of the United Natives. States in the actual possession or occupancy of any native of the Philippine Islands shall not be sold by said government toany other person without the consent thereto of said prior occupant or settler first had and obtained: Provided, , That the prior right hereby secured to an occupant of I mitof area. land, who can show no other proof of title than possession, shall not apply to more than sixteen hectares in any one tract.
SEC. 17. That timber, trees, forests, and forest products Protection of on lands leased or demised by the government of the Phil- fots. ippine Islands -Linder the provisions of this Act shall not be cut, destroyed, removed, or appropriated except by special permission of said government and under such regulations as it may prescribe. All moneys obtained from lease or sale of any portion U so of reof the public domain or from licenses to cut timber by the eept . government of the Philippine Islands shall be covered into the insular treasury and be subject only to appropriation for insular purposes according to law.
SEc. 18. That the forest laws and regulations now in Forest l.ws. force in the Philippine Islands, with such modifications (t,continued. and amendments as may be made by the government of said islands, are hereby continued in force, and no timber lands forming part of the public domain shall be sold, leased, or entered until the government of said islands, upon the certification of the forestry bureau that said lands are more valuable for agriculture than for forest Uses, shall declare such lands so certified to be agricultural in character: Provided, That the said government Th,,,,. shall have the right and is hereby empowered to issue,, imber ilicenses to cut, harvest, or collect timber or other forest products on reerved or unreserved public lands in said islands in accordance with the forest laws and regulations hereinbefore mentioned and under the provisions of this




14 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Act, and the said government may lease land to any person or persons holding such licenses, sufficient for a mill site, not to exceed four hectares in extent, and may grant rights of way to. enable such person or persons to get
access to the lands to which such licenses apply.
Basisof water SEC. 19. That the beneficial use shall be the basis, the privileges. measure, and the limit of all rights to water in said
islands, and the government of said islands is hereby authorized to make such rules and regulations for the use of water, and to make such reservations of public lands for the protection of the water supply, and for other public purposes not in conflict with the provisions
of this Act, as it may deem best for the public good.

MINERAL LANDS.

Disposal. SEC. 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be reserved from
sale, except as otherwise expressly directed by law.
Purchaseeto., SEC. 21. That all valuable mineral deposits in public by citizens. lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation, and purchase, and the land in which they are found to occupation and purchase, by citizens Proiso. of the United States, or of said Islands: Provided, That M inerals on
Mnte a- when on any lands in said islands entered and occupied riculturallands as agricultural lands under the provisions of this Act,
but not patented, mineral deposits have been found, the working of such mineral deposits is hereby forbidden until the person, association, or corporation who or which has entered and is occupying such lands shall have paid to the government of said islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the government for the sane
as mineral claims.
Locating of SEC. 22. That mining claims upon land containing veins mineral claims, or lodes of quartz or other rock in place of bearing gold,
silver, cinnabar, lead, tin, copper, or other valuable deposits, located after the passage of this Act, whether located by one or more persons qualified to locate the same ,nder the preceding section, shall be located in the fol-I Regulations. lowing iainer and under the following conditions: Anyl person so qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with respect to lanmdi which may be used for nining, enter upon the same and locate a plot of ground measuring, where possible, but not exceeding, one thousand feet in length by one thou-j sand feet in breadth, in as nearly as possible a rectangu-1 lar form; that is to say: All angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. In defining the size of a mineral claim, it shall be measured horizontally, irrespective of inequalities of the surface of the
ground.




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 15

SEC. 23. That a mineral claim shall be marked by two Demarcation posts placed as nearly as possible on the line of the ledge of caims. or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed one thousand feet, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, iii addition to the foregoing, "Initial post," the approximate compass bearing of post numbered two, and a statement of the number of feet lying to the right and to the left of the line from post numbered one to post numbered two, thus: "Initial post. Direction of post numbered two. - feet of this claim lie on the right and
-- feet on the left of the line from number one to number two post." All the particulars required to be 1)tit on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim.
SEC. 24. That when a claim has been located the holder Marking lines shall immediately mark the line between posts numbered of claims. one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written "Discovery post:" _Provided, That when the claim is surveyed the P-o. iso. surveyor shall be guided by the records of the claim, the Surveys. sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post.
EXAMPLES OF VARIOUS -MODES OF LAYING OUT CLAIMS. Exampl, of la ying out
1 2 3 claims.
No. 2 po t. No. 2 post. No. 2 post.
50' 250' 700' 600' 4,






Discoverv -DiscoN ery p )t. 0 post. Discovery, post.


5 10' 500' 25' 750' 600' 1 4()
0 - 0 - - 0
No. 1 post. No. 1 post. No. 1 post.
SEC. 25. That it shall not be lawful to move number one Removal of Post, but number two post may be moved by the deputy posts unlawful




16 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

mineral surveyor when the distance between posts nmmbered one and two exceeds one thousand feet, in order to place number two post one thousand feet from number one post on the line of location. When the distance betweei posts numbered one and two is less than one thousand feet the deputy mineral surveyor shall have no
authority to extend the claim beyond number two.
"Location SEC. 26. That the "location line " shall govern the dilines." rection of one side of the claim, upon which the survey
shall be extended according to this Act.
Restriction. SEC. 27. That tile holder of a mineral claim shall be entitled to all minerals which may lie within his claim, but lie shall not be entitled to mine outside the boundary Pr cis". lines of his claim continued vertically downward: ProPrior clairas idd That this Act shall not prejudice the rights of claim not prejudiced. e" s pu tr s c
owners nor clainim holders whose claims have been located
under existing laws prior to this Act.
Claiins of full SEC. 28. That no mineral claim of the full size shall be sizc. recorded without the application being accompanied by Applicat ion
and affidavit, an affidavit made by the applicant or some person on his
behalf cognizant of the facts-that the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person.
In the said declaration shall be set out the name of time applicant and the date of the location of tie claim. The words written on the number one and number two posts shall be set out in full, and as accurate a description as possible of the position of the claim given with reference
to some natural object or permanent monuments.
Fractional SEC. 29. That no mineral claim which at the date of its claio,. record is known by the locator to be less than a full-sized Declaration. mineral claim shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person.
In the said declaration shall be set out the name of the Decription. applicant and the date of the location of the claim. The words written on the posts numbered one and two shall be set out in full, and as accurate a description as possiSketch plan. ble of the position of the claim given. A sketch plan shall be drawn by the'applicant on the back of the declaration, showing as near as may be tile position of the adjoining mineral claims and the shape and size, expressed in feet, Prois., of the claim or fraction desired to be recorded: Provided, Inncent noncnl, lianc e That the failure on the part of the locator of a mineral with regula- claim to comply with any of the foregoing provisions of this tions. section shall not be deemed to invalidate such location, if
upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobserv-




LAWS RELATING TO INSULAR AND 'MILITARY AFFAIRS. 17

since of the foripalitics lereinlbefOre referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity.
SEC. 30. That in cases where, from the nature or shape Difficult doof the ground, it is impossible to mark the location liIe mations. of the claim as provided by this Act then the claim mar be marked by placing posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direction shall be set out in the record of the claim.
SEC. 31. That every person locating a mineral claim a..,rding shall record the same with the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said government described as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in feet, the date of location, and the date of the record. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned.
SEC. 32. That in case of anmy dispute as to the location Disputs. of a mineral claim the title to the claii shall be recognized according to the priority of such location, subject to any question as to tile validity of the record itself and subject to the holder having complied with all the terms and conditions of this Act.
SEC. 33. That no holder shall be entitled to hold in his, Limit. its, or their own name or in the name of any other person, corporation, or association more than one mineral claim on the same vein or lode.
SEC. 34. That a holder may at any time abandon any A .... d-,nmineral claim by giving notice, in writing, of such inten- ment. tion to abandon, to the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder; and from the date of the record of such notice all his interest in such claim shall cease.
SEC. 35. That proof of citizenship under the clauses of Proofsof citithis Act relating to mineral lands may consist, in the case zenship of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified copy of their charter or certificate of incorporation. SEC. 36. That the United States Philippine Commission Mining reguor its successors may make regulations, not in conflict ationsR eq uire
with the provisions of this Act, governing the location, ments.
S. Doe. 105, 58-2-2




18 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS,

manner of recording, and amount of wsrk necessary to hold possession of a mining claim, subject to the following
requirements:
Assessments. Oii each claim located after the passage of this Act, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed oi Proviso. improvements made during each year: Provided, That non-compliance upon a failure to comply with these conditions the claim with rogula- or mine upon which such failure occurred shall be open to tiofls. relocation in the same manner as if no location of the same
had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before Delinquentsuch location. Upon the failure of any one of several part owners. coowners to contribute his proportion of the expenditures
required thereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowner personal notice in writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, one in the English language and the other in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication such delinquent shall fail or refuse to contribute his proportion of the expenditure required by this section his interest in the claim shall become the property of his coowners who Assessment have made the required expenditures. The period within period. which the work required to be done annually on all unpatented mineral claims shall commence on the first day
January succeeding the date of location of such claim.
Patents. SEc. 37. That a patent for any land claimed and located for valuable mineral deposits may be obtained in the folApplications. lowing manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this Act, may file in the office of the provincial secretary, or such other officer as by the government of said Islands may be described as mining recorder of the province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the
' direction of the chief of the Philippine insular bureau of
public lands, showing accurately the boundaries of th clailn, which shall be distinctly marked by monuments on: the ground, and shall post a copy of such plat, together Notice. with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous t the filing of the application for a patent, and shall file a]i affidavit of at least two persons that such notice has bect duly posted, and shall file a copy of the notice in suclf office, and shall thereupon be entitled to a patent for th( Publication land, in the manner following: The provincial secretary by mining recorder, or such other officer as by the Philippine government ma




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 19

be described as mining recorder, upon the filing of such application, plat, field notes, notices, and affidavits:, shall publish a notice that suci an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the P'hilippine insular bureau of public lands; and he shall also post such notice in his office for the same period. The claimant at the time of Filing of affifiling this application, or at any time thereafter within the it sixty days of publication, shall file with the provincial secretary or such other officer as by the Philippine government may be described as mining recorder a certificate of the chief of the Philippine insular bureau of public lands that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such furtlier description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication Issueofpatent the claimant shall file his affidavit, showing that the plat :claims. and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the provincial secretary or such other officer as by the government of said islan(s may be described as mining recorder at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provincial treasurer or the collector of internal revenue of five dollars per acre and that no adverse claim exists, and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this Act: Provided, That where the claimant for a patent is not a -rm. o. resident of or within the province wherein the land con- deNs."laining the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent where said agent is conversant with the facts sought to be established by said affidavits. SEc. 38. Thatapplicants for mineral patents, if residing oath ,etc. of be-~~I . .. � n-residentapbeyond the limits of the province or military department plicats. wherein the claim is situated, may make the oath oraffidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any province of the Philippine Islands, or any other official in said islands authorized by law to adminster oaths.
SEC. 39. That where an adverse claim is filed during the A d v e r s e Period of publication it shall be upon oath of the person or Persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedinog-s except the publication of notice and makingand filing of the affidavits thereof, shall be stayed until the con-




20 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

troversy shall have been settled or decided by a court of Proceedings competent jurisdiction or the adverse claim waived. It by adverse h ba
claimants. Sll be the duty of the adverse claimant, within thirty
days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment, and a failure so to do Certified copy shall be a waiver of his adverse claim. After such judgof judgment. ment shall have been rendered the party entitled to the
possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder, together with the certificate of the chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or improvements made thereon, and the descripPayment. tion required in other cases, and shall pay to the provincial treasurer or the collector of internal revenue of the province in which the claim is situated, as the case may be, five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary or such other officer as by said government may be described as mining recorder to the secretary of the interior Issuance of of the Philippine Islands, and a patent shall issue thereon patent. for the claim, or such portion thereof as the applicant
shall appear, from the decision of the court, rightly to Oaths. possess. The adverse claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any province or military department of the Philippine Islands, or any other officer authorized to administer oaths where the adInterests of verse claimant may then be. If it appears from the decisin oneclaimr Son of the court that several parties are entitled to
separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the chief of the Philippine insular bureau of public lands, whereupon the provincial secretary or such other officer as by the government of said islands may be described as mining recorder shall certify the proceedings and judgment roll to the secretary of the interior for the Philippine Islands, as in the preceding case, and patents shall issue to the sevTitle. eral parties according to their respective rights. If in any action brought pursuant to this section title to the ground in controversy shall not be established by eithei party, the court shall so find, and judgment shall be entered accordingly. In such case costs shall not be allowed t( either party, and the claimant shall not proceed in ti office of the provincial secretary or such other officer ae by the government of said islands may be described a,




LAWS RELATING TO INSULAR AND 'MILITARY AFFAIRS. 21

mining recorder or be entitled to a patent for the ground in controversy until he shall have perfected his title. Nothing herein contained shall be construed to prevent Alienation of
z' title. the alienation of a title conveyed by a patent for a mining claim to any person whatever. Claims upon SEC. 40. That the description of mineral claims upon surveyed lands. surveyed lands shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued On unsurfor claims upon unsurveyed lands the chief of the Philip- veyed lands. pine insular bureau of public lands in extending the surveys shall adjust the same to the boundaries of such patented claim according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim.
SEC. 41. That any person authorized to enter lands un- Buildingstone der this Act may enter and obtain patent to lands that are entries. chiefly valuable for building stone under the provisions of this Act relative to placer mineral claims.
SEC. 42. That any person authorized to enter lands Ui-e Petroleum, der this Act may enter and obtain patent to lands containing petroleum or other mineral oils and chiefly valuable therefor under the provisions of this Act relative to placer mineral claims.
SEC. 43. That no location of a placer claim shall exceed Placerclaims. sixty-four hectares for any association of persons, irrespective of the number of persons composing such association, and no such location shall include more than eight hectares for an individual claimant. Such locations shall conform to the laws of the United States Philippine Commission, or its successors, with reference to public surveys, and nothing in this section contained shall defeat or impair any bona fide ownership of land for agricultural purposes or authorize the sale of the improvements of any bona fide settler to any purchaser.
SEC. 44. That where placer claims are located upon sur- On surveyed � � land
veyed lands and conform to legal subdivisions, no further " survey or plat shall be required, and all placer mining claims located after the date of passage of this Act shall conform as nearly as practicable to the Philippine system of public-land surveys'and the regular subdivisions of such surveys; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made ason unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than sixteen hectares shall remain, such fractional I)ortion of agricultural land maybe entered by any party qualified by law for homestead purposes.
SEC. 45. That where such person or association, they Establishi Ifn ent of right to
and their grantors have held and worked their cla ims or a patent. Period equal to the time prescribed by the statute of limnitationis of the Philippine Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothlug in this act shall be deemed to impair any lien which





22 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Prior liens not may have attached in any way whatever prior to the issUance of a patent.
Appointment SEC. 46. That the chief of the Philippine insular bureau ofedepuy orr of public lands may appoint competent deputy mineral Expenses. surveyors to survey mining claims. The expenses of the
tar gsfor survey of vein or lode claims and of the survey of placer surveys claims, together with the cost of publication of notices,
shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any such deputy mineral surveyor to make the survey. The chief of the Philippine insular bureau of public lands shall also have power to establish the maximum charges for surveys and publication of notices under this Act; and in case of excessive charges for publication lie may designate any newspaper published in a province where mines are situated, or in Manila, for the publication of mining notices and fix the rates to be charged by such paper; and to the end that the chief of the bureau of public lands may be fully informed on the subject such applicant shall file with the provincial secretary, or such other officer as by the government of the Philippine Island,, nlaiy be described as mining recorder, a sworn statement of all charges and fees paid by such applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the
Philippine Islands.
veriationof SEC. 47. That all affidavits required to be made under affidavits. this Act may be verified before any officer authorized to
administer oaths within the province or military departTestimony, ment where the claims may b situated, and all testimony etc. and proofs may be taken before any such officer, and,
when duly certified by the officer taking the same, shall have the same force and effect as if taken before the proper provincial secretary or such other officer as by the government of the Philippine Islands may be described Contests. as mining recorder. In eases of contest as to the mineral or agricultural character of land the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if siichi party can not be found, then by publication at least once a week for thirty days in a newspaper to be designated by the provincial secretary or such other officer as by said government may be described as mining recorder published nearest to the location of such land and in two newspapers published in Mlanila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and the provincial secretary or such other officer as by said government may be described as mining recorder shall require
proofs that such notice has been given.
Patents of SEC. 48. That where nonmineral land not contiguous to, n ouminera Ithe vein or lode is Tnsed or occupied by the proprietor of lands, etc., for
milling, etc. such vein or lode for mining or milling purposes, such





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS 23

nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminaryrequirements as to survey and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall exceed two hectares, and payment for the same must be made at the same rate as fixed by this Act for the superficies of the lode. The owner of a Mill site patquartz mill or reduction works not owning a mine in con- euts. nection therewith may also receive a patent for his mill site as provided in this section.
SEC. 49. That as a condition of sale the Government of Rules for the Philippine Islands may provide rules for working, mines, etc. policing, and sanitation of mines, and rules concerning easements, drainage, water rights, right of way, right of Government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this Act, and those conditions shall be fully expressed in the patent. The Philippine Coin- Bnds of depmission or its successors are hereby further empowered to "ymieralsu fix the bonds of deputy mineral surveyors.
SEC. 50. That whenever by priority of possession rights Protection to vested water
to the use of water for mining, agricultural, manufactur- ri!ats. ing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the Sdecisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construetion of ditches and canals for the purposes herein specified is acknowledged and confirmed, but whenever any person, in the construction of any ditch or canal, injures or dam- Damages. ages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. SEC. 51. That all patents granted shall be subject to An patents any vested and accrued water rights, or rights to ditches ebaect to vestand reservoirs used in connection with such water rights et(-. as may have been acquired under or recognized by the preceding section.
SEC. 52. That the Government of the Philippine Islands Establishment .. .. of land districts, is authorized to establish land districts and provide fOretc. the appointment of the necessary officers wherever they may deem the same necessary for the public convenience, and to further provide that in districts where land offices are established proceedings required by this Act to be had before provincial officers shall be had before the Proper officers of such land offices. SEC. 53. That every person above the age of twenty-one Ceoal-land eryears, who is a citizen of the United States, or of the Piiip- t" pine Islands, or who has acquired the rights of a native of said islands under and by virtue of the treaty of Paris, or any association of persons severally qualified as above, shall, upon application to the proper provincial treasurer, have tlhe right to enter any quality of vacant coal lands Of said Islands not otherwise appropriated or reserved by competent authority, not exceeding sixty-four hectares to Limit.





24 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

such individual person, or one hundred and twenty-eight hectares to such association, upon payment to the provincial treasurer or the collector of internal revenue, as M i n i m u m the case may be, of not less than twenty-five dollars per price. hectare for such lands, where the same shall be situated
more than fifteen miles from any completed railroad or available harboi or navigable stream, and not less than fifty dollars per hectare for such lands as shall be within P.or..o. fifteen miles of such road, harbor, or stream: Provided, riitrie,. That such entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules and regulations governing the public-land surveys of the said
Islands in plotting legal subdivisions.
Prefe,'ence SEC. 54. That any person or association of persons, seVright of ntr. eally qualified as above provided, who have opened and
improved, or shall hereafter open and improve, any coal urine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry under the preceding section of the
mines so opened and improved.
Declaratory SEC. 55. That all claims under the preceding section tement. must be presented to the proper provincial secretary within sixty days after the date of actual possession and the commencement of improvements on the land by the filing of a declaratory statement therefor; and where the improvements shall have been made prior to the expiration of three months from the date of the passage of this Act, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement; and no sale under the provisions of this Act shall be allowed until the expiration of six months from the date
of the passage of this Act.
Limit to en- SEC. 56. That the three preceding sections shall be held tries, to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands tnder the provisions thereof; and no member of any association which shall have taken the benefit of such section shall Saline land,. enter or hold any other lands under their provisions; and ,,., alt persons claiming under section fifty-eight shall be required to prove their respective rights and to pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice or to pay for the land within the required period, the same shall be subject to entry
by any other qualified applicant.
Conflicti g SEC. 57. That in case of conflicting claims upon coal claim', lands where the improvements shall be commenced after
the date of the passage of this Act, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the passage of this Act, division of the land claimed may be made by legal subdivisions, which shall





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 25

conform as nearly as practicable with the subdivisions of land provided for in this Act, to include as near as may be the valuable improvements of the respective parties. The Government of the Philippine Islands is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and preceding sections relating to mineral lands.
SEC. 58. That whenever it shall be made to appear to Saline lands. the secretary of any province or the commander of any military department in the Philippine Islands that any lands w ithin the province are saline in character, it shall be the duty of said provincial secretary or commander, under the regulations of the Government of the Philippine Islands, to take testimony in reference to such lands, to ascertain their true character, and to report the same to the secretary of the interior for the Philippine Islands; and if, upon such testimony, the secretary of the interior Auction sales. shall find that such lands are saline and incapable of being purchased under any of the laws relative to the public domain, then and in such case said lands shall be offered for sale at the office of the provincial secretary or such other officer as by the said government may be described as mining recorder of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by said Government and sold to the highest bidder, for cash, at a price of not less than three dollars per hiectare; and in case such lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than Private sales. three dollars per hectare, in the same manner as other lands in the said Islands are sold. All executive procla- Proclamations mations relating to the sales of public saline lands shall Of sales. be )ublished in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by said secretary of the interior.
SEC. 59. That no Act granting lands to provinces, dis- Mineral lands I reserved f ro m
tricts, or municipalities to aid in the construction of roads, grants for pubor for other public purposes, shall be so construed as to lie works. embrace mineral lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the Act or Acts making the grant.
SEC. 60. That nothing in this Act shall be construed to Prior mining t concessions not
affect the rights of any person, partnership, or corporation affected. having a valid, perfected mining concession granted prior to April eleventh, eighteen hundred and ninety-nine, but all such concessions shall be conducted under the provisions of the law in force at the time they were granted, subject at all times to cancellation by reason of illegality in the procedure by which they were obtained, or for failure to comply with the conditions prescribed as requisite to their retention in the laws under which they were granted: Provided, That the owner or owners of every Proviso. such concession shall cause the corners made by its bound- b Marking aries to be distinctly marked with permanent monuments within six months after this Act has been promulgated in





'26 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

the Philippine Islands, and that any concessions the boundaries of which are not so marked within this period shall be free and open to explorations and purchase under the
provisions of this Act.
Future mnin- SEC. 61. That mining rights on public lands in the Philing rights. ippine Islands shall, after the passage of this Act, be
acquired only in accordance with its provisions.
Cancellation SEC. 62. That all proceedings for the cancellation of of perfected fectedcSpa
Spanish conees- p e Spanish concessions shall be conducted in the sions, courts of the Philippine Islands having jurisdiction of the Proceeding . subject-matter and of the parties, unless the United States Philippine Commission, or its successors, shall create special tribunals for the determination of such controversies.

Acquiring AUTHORITY FOR THE PHILIPPINE ISLANDS GOVERNMENT lands from religious; orders, TO PURCHASE LANDS OF RELIGIOUS ORDERS AND etc. OTHERS AND ISSUE BONDS FOR PURCHASE PRICE.

Authority SEC. 63. That the government of the Philippine Islands confo ired to ac st h iittosadcn require, etc, real hereby authorized, subject to the limitations and conanw pinrionaolditions prescribed in this Act, to acquire, receive, hold. property. maintain, and convey title to real and personal property
and may acquire real estate for public uses by the exer,
cise of the right of eminent domain.
Acquisiti.... f SEC. 64. That the powers hereinbefore conferred ill
proerty of re- S
igous orders, section11i sixty-three may also be exercised in respect ot etc. aniy lands, easements, appurtenances, and hereditaments
which, on the thirteenth of August, eighteen hundred and ninety-eight, were owned or held by associations, corporations, communities, religious orders, or private individuals in such large tracts or parcels and in such manner asil in the opinion of the Commission injuriously toaffect the' peace and wN welfare of the people of the Philippine Islands. Issue of 1,-,n . And fort 110 purpose of providing funds to acquire the landsI uthorized. mentioned in this section said government of the Philippine
Islands is hereby empowered to incur indebtedness, to borrow nioney,and to issue, and to sell at not less than par valu e, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands, upon such terms and conditions as it may deem best, registered or coupon bonds of said government for such amount Denomi na-as maybe necessary, said bonds to be indenominations of Interest. fifty dollars or any multiple thereof, bearing interest at a rate not exceeding four and a half per centum per annum, payable quarterly, and to be payable at the pleasure of said government after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with interest thereon, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands; and said bonds Exempt from shall be exempt from the payment of all taxes or duties "f taxes, etc. said government, or any local authority therein, or of t.ie
Government of the United States, as well as from taN-v tion in any form by or under State, municipal, or local authority in the United States or the Philippine IslandYs.
The moneys which may be realized or received from tlie





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 27

issue and sale of said bonds shall be applied by the government of the Philippine Islands to the acquisition of the property authorized by this section, and to no other purposes.
SEc. 65. That all lands acquired by virtue of the pre- Disposition of
SEC. prl5rt acceding section shall constitute a part and portion of tile pr.rty public property of the government of the Philippine Islands, and may be held, sold, and conveyed, or leased temporarily for a period not exceeding three years after their acquisition by said government on such terms and conditions as it may prescribe, subject to the limitations and conditions provided for in this Act: Provided, That P,-oiV,,. all deferred payments and the interest thereon shall b,,en , eCt .... payable in the money prescribed for the payment of principal and interest of the bonds authorized to be issued in payment of said lands by the preceding section and said deferred payments shall bear interest at the rate borne by the bonds. All moneys realized or received from sales Use of proor other disposition of said lands or by reason thereof ceeds. shall constitute a trust fund for the payment of principal and interest of said bonds, and also constitute a sinking fund for the payment of said bonds at their maturity. Actual settlers and occupants at the time said lands are Preference acquired by the government shall have the preference rights of setover all others to lease, purchase, or acquire their holdings within such reasonable time as may be determined by said government.

MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS.

SEC. 66. That for the purpose of providing funds to construct sewers, to furnish adequate sewer and drainage facilities, to secure a sufficient supply of water, and to provide all kinds of municipal betterments and improveInents in municipalities, the government of the Philippine Islands, under such limitations, terms, and conditions as it may prescribe, with the consent and approval of tho President and the Congress of the United States, may permit any municipality of said islands to incur indebtedness, borrow money, and to issue and sell (at not less than par value in gold coin of the United States) registered or coupon bonds in such amount and payable at such time as may be determined by the government of said islands, With interest thereon not to exceed five per centum per annum: Provided, That the entire indebtedness of any Proviso.
Limit of inmunicipality under this section shall not exceed five per debtedne..i. centuma of the assessed valuation of the property in said municipality, and any obligation in excess of such limit shall be null and void.
SEC. 67. That all municil)al bonds shall be in denomi- Denomination nations of fifty dollars, or any multiple thereof, bearing of bonds.
6 rn Interest.
interest at a rate not exceeding five per centum per annum, )ayable quarterly, such bonds to be payable at the pleasire of the government of the Philippine Islands, after (ates na.ied in said bonds not less than five nor more than thirty years from the date of their issue, together with the




28 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

interest thereon, in gold coin of the United States of the present standard value, or its equivalent in value in money Exempt from of the said Islands; and said bonds shall be exempt froln taxes, etc. the payment of all taxes or duties of the government of
the Philippine Islands, or any local authority therein, or
the Government of the United States.
Use ef funds SEC. 68. That all moneys which may be realized or resalefe from received from the issue and sale of said bonds shall be ,sale of ixuld.;
utilized under authorization of the government of the Pllilippine Islands in providing the municipal improvements and betterment which induced the issue and sale of said
bonds, and for no other purpose.
Municipal SEC. 69. That thegovernment of the Philippine Islands taxes to Pay shall, by the levy and collection of taxes on the municib onid obligations. pality, its inlabitants and their property, or by other
means, make adequate provision to meet the obligation of the bonds of such municipality, and shall create a sinking fund sufficient to retire them and pay the interest thereon P,.Ovh .. in accordance with the terms of issue: Provided, That if Re imbu r sement. said bonds or any portion thereof sball be paid out of the
funds of the government of said islands, such municipality shall reimburse said government for the sumthus paid, and said government is hereby empowered to collect said sum by the levy and collection of taxes on such municipality. Manila. SEC. 70. That for the purpose of providing funds to conIssue of bonds struct sewers in the city of Manila and to furnish it with for sewers, water supply, etc. all adequate sewer and drainage system and supply of
water the government of the Philippine Islands, with the approval of the President of the United States first had, is hereby authorized to permit the city of Manila to incur indebtedness, to borrow money, and to issue and sell (at not less than par value in gold coin of the United States), upon such terms and conditions as it may deem best, registered or coupon bonds of the city of Manila to an amount Limit. not exceeding four million dollars lawful money of the United States, payable at such time or times as may be determined by said government, with interest thereon not
to exceed five per centuia per annum.
Denominations SEC. 71. That said coupon or registered bonds shall be of bonds, in denominations of fifty dollars or any multiple thereof, Interest.
bearing interest at a rate not exceeding five per centum
-per annum, payable quarterly, such bonds to be payable at the pleasure of the government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon in gold coin of the United States of the present standard value, or the equivalent in value in money of the said Islands; and said bonds shall Exempt from be exempt from the payment of all taxes or duties of the taxes, et,. government of the said Islands, or of any local authority
therein, or of the Government of the United States.
Useof funds. SEC. 72. That all moneys which may be realized or received from the issue and sale of said bonds shall be utilized under authorization of said government of the Philippine Islands in providing a suitable sewer and drainage system and adequate supply of water for the city of
Manila and for no other purpose.




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 29

SEC. 73. That the government of the Philippine Islands Taxes tomeet bond obligashall, by the levy and collection of taxes on the city of tions. Manila, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of said bonds and shall create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue: Procided, That if said bonds or Probiso. any portion thereof shall be paid out of the funds of the Ment. government of said islands, said city shall reimburse said government for the sum thus paid, and said government is herel)y empowered to collect said sum by the levy and collection of taxes on said city.

FRANCHISES.

SEC. 74. That the government of the Philippine Islands Government
. . .. . authorized, to nay grant franchises, privileges, and concessions, nclud-grant. lug the authority to exercise the right of eminent domain For the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highwa squares, and reservations, and over similar property of the government of said Islands, and may adopt rules and regulations under which the provincial and municipal governments of the islands may grant the right to use and occupy such public property belonging to said provinces or municipalities: Provided, That no private prop- Pro,.io. erty shall be taken for any purpose under this section Privat popwithout just compensation paid or tendered therefor, and that, such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for whieh the franchise is granted, and that no franchise, Franchises privilege, or concession shall be granted to any corpora- s ub J ec t t o
� ', . amlendmient, tion except inder the conditions that it shall be subject, etc., by Conto anenudment, alteration, or repeal by the Congress of gress. the United States, and that lands or rights of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and concessions under which they were granted or upon their revocation or repeal. That all franchises, privileges, or concessions granted Issuance of
-- � stock, etc., reunder this Act shall forbid the issue of stock or bondsstriet e except in exchange for actual cash, or for property at a fair valuation, equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public-service corpo- Dividend.,. rations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation Inspetimu of of the books and accounts of such corporations, and for books, etc. the payment of a reasonable percentage of gross earnings Into the treasury of the Philippine Islands or of the province or municipality within which such franchises are granted and exercised: Provided further, That it shall P-ori.
S Slave labor
be unlawful for any corporation organized under this Act, prohibited. or for any person, company, or corporation receiving any





30 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

grant, franchise, or concession from the government of said Islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary serviPenalty. tude; and any person, company, or corporation so violating the provisions of this Act shall forfeit all charters, grants, franchises, and concessions for doing business in said Islands, and in addition shall be deened guilty of an offense, and shall be punished by a fine of not less than
ten thousand dollars.
Rali estate SEC. 75. That no corporation shall be authorized to conholdings of in:porations. duct the business of buying and selling real estate or be
permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purMlaximum. poses for which it is created, and every corporation authorized to engage in agrictlture sball by its charter be restricted to the ownership and control of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in any wise interested in any other corporation engaged ill agriLoans. culture or in mining. Corporations, however, may loan funds upon real-estate security and purchase real estate when necessary for the colection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in the Philippine Islands, and doing business therein, shall be bound by the provisions of this section so far as they are
applicable.
COINAGE.
Establishment SEC. 76. That the government ofthe Philippine Islands of a mint at Ma- t h nila authorized, is hereby authorized to establish a mint at the city of
Manila, in said islands, for coinage purposes, and the coins hereinafter authorized may be coined at said mint. And the said government is hereby authorized to enact laws P.osi i necessary for such establishment : Provided, That the laws laws States of the United States relating to nints and coinage, so far laws Uaptplireatngboinge
as applicable, are hereby extended to the coinage of said
islands.
Coinage of SEC. 77. That the government of the Philippine Islands subsidiary silver coins. is authorized to coin, for use in said islands, a coin of the
denomination of fifty centavos and of the weight of one hundred and ninety-two and nine-tenth 'grais, a coin of the denomination of twenty centavos and of the weight of seventy-seven and sixteen one-hundredths grains, an(l a coin of the denomination of ten centavos and of the weight of thirty-eight and fifty-eight onie-hundredths grains, and the standard of said silver coins shall be such that of one thousand parts by weight nine hundred shall be of pure metal an( one huln(lred of alloy, and the alloy shall be of
copper.
1 1or'ehaso of SEC. 78. That the sudsidiarv silver coins authorized by bu.1 01 tie preceding section shall be coined under the authority of
the government of the Philippine Islands in such amounts as it may determine, with the approval of the Secretary of




LAWS RELATING TO INSULAR AND MIILITARY AFFAIRS. 31

War of the United States, from silver bullion purchased by said government, with the approval of the Secretary of War of the United States: Provided, That said govern- Pro iso. mnent may in addition and in its discretion recoin the SpaninhFilipino Spanish Filipino dollars and sudsidiary silver coins issued dollars, etc. under the authority of the Spanish Government for use in said islands into the subsidiary coins provided for in the preceding section at such rate and under such regulations as it may prescribe, and the subsidiary silver coins authorized by this section shall be legal tender in said islands to the amount of ten dollars.
SEC. 79. That the government of the Philippine Islands Mlinor coins. is also authorized to issue ninor coins of the denominations of one-half centavo, one centavo, and five centavos, and such minor coins shall be legal tender in said islands for amounts not exceeding one dollar. The alloy of the Alloy. five-centavo piece shall be of copper and nickel, to be composed of three-fourths copper and one-fourth nickel. The alloy of the one-centavo and one-half-centavo pieces shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by said government. The weight of the five-centavo piece Weight. shall be seventy-seven and sixteen-hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the one-half-centavo piece forty grains troy.
SEC. 80. That for the purchase of metal for the sub- Purchase of sidiary and minor coinage, authorized, by the preceding metal. sections, an appropriation may be made by the government of the Philippine Islands from its current funds, which shall be reimbursed from the coinage under said sections; and the gain or seigniorage arising therefrom shall be paid into the treasury of said Islands. SEC. 81. That the subsidiary and minor coinage here- Place of coininbefore authorized may be coined at the mint of the gov- a o optional. erument of the Philippine Islands at Manila, or arrangements may be made by the said government with the Secretary of the Treasury of the United States for their coinage at any of the mints of the United States, at a charge covering the reasonable cost of the work. SEC. 82. That the subsidiary and minor coinage herein-. De.ice and
� � � 1 inscriptions.
before authorized shall bear devices and inscriptions to be prescribed by the government of the Philippine Islands and such devices and inscriptions shall express the sovereignlty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year of the coinage.
SEc. 83. That the government of the Philippine Islands Redemption r � � and reissue of
shall have the power to make all necessary appropriations defective coins, and all proper regulations for the redemption and reissue etc. of worn or defective coins and for carrying out all other provisions of this Act relating to coinage. SEc. 84. That the laws relating to entry, clearance, United States an ... 'shipping, cusand manifests of steamships and other vessels arriving toms, et'., laws from or going to foreign ports shall apply to voyages each mae applicaway between the Philippine Islands and the United States and the possessions thereof, and all laws relating to the




32 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Customs du- collection and protection of customs duties not inconsistties. ent with the Act of Congress of March eighth, nineteen
hundred and two, "temporarily to provide revenue for the Philippine Islands," shall apply in the case of vessels and goods arriving from said Islands in the United States and
its aforesaid possessions.
Seamenonfor- The laws relating to seamen on foreign voyages shall customsore-apply to seamen on vessels going from the United States cerssubstituted and its possessions aforesaid to said Islands, the customs for consular officers. officers there being for this purpose substituted for consular officers in foreign ports.
Transporta- The provisions of chapters six and seven, title fortytion of assen- eight, Revised Statutes, so far as now in force, and any gers an1 mer- z chandise. amendments thereof, shall apply to vessels making voyI.,og book en- 1 Y tr oos. ages either way between ports of the United States or its R.S.,secs.4255- aforesaid possessions and ports in said Islands; and the 4292,pp.820-828. provisions of law relating to the public health and quarantine shall apply in the case of all vessels entering a port of the United States or its aforesaid possessions from said Islands, where the customs officers at the port of departure shall perform the duties required by such law of consular officers in foreign ports.
Transit of Section three thousand and five, Revised Statutes, as merchandise. amended, and other existing laws concerning the t ransit R. S., sec. 3005, nZ p. 579. of merchandise through the United States, shall a)ply
to merchandise arriving at any port of the United States destined for any of its insular and continental possessions,
or destined from any of them to foreign countries.
Former laws Nothing in this Act shall be held to repeal or alter any continued, part of the Act of March eighth, nineteen hundred and
two, aforesaid, or to apply to Guam, Tutuila, or Manua, Equivalent except that section eight of an Act entitled "An Act to rates of money, revise and amend the tariff laws of the Philippine Archipelago," enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and one, and approved by an Act entitled "An Act temporarily to provide revenues for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two, is hereby amended so as to authorize the Civil Governor thereof in his discretion to establish the equivalent rates of the money in circulation in said Islan(Is with the money of the United States as often as once in ten days. Depositories SEC. 85. That the treasury of the Philippine Islands and ofpublicmouoy. such banking associations in said islands with a paid up
capital of not less than two million dollars and chartered by the United States or any State thereof as may be designated by the Secretary of War and'the Secretary of the Treasury of the United States shall be depositories of public money of the United States, subject to the provisions of existing law governing such depositories in the Provi .o. United States: Pro vided, That the treasury of the govern1Dposit not mentof said islands shall not be required to deposit bonds required. in the Treasury of the United States, or to give other
specific securities for the safe-keeping of public money except as prescribed, in his discretion, by the Secretary
of War.




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 33

SEC. 86. That all laws passed by the government of the Righttoannul
allt laws rePhilippine Islands shall be reported to Congress, which served by Conhereby reserves the power and authority to annul thegress" same, and the Philippine Commission is hereby directed to make annual report of all its receipts and expenditures to the Secretary of War.

BUREAU OF INSULAR AFFAIRS.
SEC. 87. That the Division of Insular Affairs of the War Buskness sub� I ject to jurisdicDepartment, organized by the Secretary of War, is hereby lion ofnwar Decontinued until otherwise provided, and shall hereafter be partment. known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters pertaining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department; and the Secretary of War Chief of Buis hereby authorized to detail an officer of the Army whom he may consider especially well qualified, to act under the authority of the Secretary of War as the chief of said Bureau; and said officer while acting under said detail Rank. shall have the rank, pay, and allowances of a colonel.
SEC. 88. That all Acts and parts of Acts inconsistent Repeal with this Act are hereby repealed.


Fifty-seventh Congress, second session.
CHAP. 334.-An Act To promote the efficiency of the Philip- January 3C, 1903. pine constabulary, to establish the rank and pay of its commanding [Public No 37.] officers, and for other purposes. 3:,Stats.L.,pt.
1, p. 783.
Be it enacted by the Senate a nd House of Repredentatives
of the United States ofAmerica in Congress assembled, That Phili ppine officers of the Army of the United States may be detailed coistabuiary.
etailof Army
for service as chief and assistant chiefs, the said assistant officers for. chiefs not to exceed in number four, of th.e Philippine constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, Rank, etc. and allowances of brigadier-general, and the officers serving as assistant chiefs shall have the rank, pay, and allowances of colonel: Provided, That the difference between Proviso.
Philippine
the pay and allowances of brigadier-general and colonel, treasury to? pa as herein provided, and the pay and allowances of the difference in alofficers so detailed in the grades from which they are detailed shall be paid out of the Philippine treasury. SEC. 2. That any companies of Philippine scouts ordered As.4istanco of to assist tile Philippine constabulary in the maintenance sPcohui'lippi n e of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: Pro- proviso. vided, That when the Philippine scouts shall be ordered mRnding oflito assist tile Philippine constabulary, said scouts shall not cers. at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary.
S. Doc. 105, 58-2----3




3- LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

F,'biuary,1903. CHAP. 515.-An Act For the relief of the officers and crew of [Pubic � X the United States steamer Charleston. lost in the Philippine Islands 32 Stats. L., pt. November second, eighteen hundred and ninety-nine. 1, p. 804.
Be it enacted by the Senate a0d House of Representatire.7 U . S. s.s of the Un ited StatesofAnterica in Cong ress assembled, That Payment to to reimburse the officers and crew of the United States officers and steamship Charleston, destroyed on a coral reef off Camicrew of. .
guin Island, in the Philippines, November second, eighteen hundred and ninety-nine, for losses incurred by them, respectively, in the destruction of said vessel, there shall be paid to each of said officers and crew or to the personal representatives of any which may be deceased, out of any money in the Treasury of the United States not otherwise appropriated, a sum equal to the losses so sustained by Pro.sos. them: Provided, That the accounting officers of the TreasProofoflosses. urv shall in all cases require a schedule and certificate from each person making a claim tinder this Act, such schedule to be approved by the Secretary of the Navy,.
who may require other satisfactory proof of said losses, and reimbursements shall be made for such losses as are of a character and value suitable and appropriate to the rank, rating, or dity of the person suffering such loss: Payments re- Procided, however, That in no case shall the aggregate stricted. sumi allowed any claimant or person for such loss exceed
the value of such articles of personal property as were required by the United States Naval Regulations in force at the time of such loss, and there shall be deducted therefrom any sum heretofore paid any of them under section R. S., sec. 290, two hundred and ninety of the Revised Statutes. Full satisfac- SEC. 2. That the relief granted by the provisions of this tion of allAct'shall be in full satisfaction of any and all claims claims. whatever against the United States on account of losses
by the destruction of the United States steamship Charleston, antd any claim which shall be presented and acted upon under the authority of this Act shall be held to be finally determined, and shall not in any manner thereafter be reopened, reconsidered, supplemented, nor be
subject to appeal in any form.
Timelimitfor SEC. 3. That no claim for losses by reason of the destruc. Pr , entmg tion of said vessel not heretofore presented shall be allowed under the provisions of this Act which shall not be pre~enled within two years after the date of its passage, Deductions of SEC. 4. That any amounts that have been paid under 1)riorpayments. sections two hundred and eighty-eight, two hundred and 289,J29), p.8. ei-lhty-nine, and two hundred and ninety of the Revised
Statutes shall be deducted in the settlement of all claims
under this Act.

February9,1903. CH.AP. 529.-An Act To provide for the removal of persons [Public, No. 72.] accused of crime to and from the Philippine Islands for trial.
2 Stats. L.,pt.
1,). s Be it enacted by the Senate and House of Representatives Philippine is-of the Uni ed States of Amnerica in Cong ress assem bled, That lat tra ihe provisions of section ten hundred and fourteen of the Ext raitiotlep fscto e ude law, i;tplid t,,. Revised Statutes, so far as applicable, shall apply througi1Z. 1( 014,
p. lsj." out die United States for the arrest and removal there-




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 35

from to the Philippine Ilands of any fugitive from justice charged with the commission of any crime or offense against the United States within the Philippine Islands, and shall apply within the Philippine Islands for the arrest and removal therefrom to the United States of any fugitive from justice charged with the commission of any crime or offense against the United States. Such fugitive Procedure. may, by any judge or m agistrate of the Philippine Islands, and agreeablyto the usual mode of process against offenders therein, be arrested and imprisoned, or bailed, as the case may be, pending the issuance of a warrant for his removal to the United States, which warrant it shall be the duty of a judge of the court of first instance seasonably to issue, and of the officer or agent of the United States designated for the purpose to execute. Such offi- Authority of cer or agent, when engaged in executing such warrantofficers' without the Philippine Islands, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safe-keeping and the execution of the warrant.
SEC. 2. That the provisions of sections fifty-two hundred Authority. to S " transfer crilniand seventy-eight and fifty-two hundred and seventy-nine nsfrc. of the Revised Statutes, so far as applicable, shall apply Rs.se.s-,, � ' "52,1), pp. 1022, to the Philippine Islands, which, for the purposes of said 1 . sections, shall be deemed a Territory within the meaning thereof.

CHAP. 980.-An Act To establish a standard of value and to March 2, 1903. provide for a coinage system in the Philippine Islands. [Public,No.137.] 32 Stats. L., pt.
Be it enacted by the Senateand House of Representalives 2,.952.
of the United States of America in Congress assembled, That .h i ippi ne
9 . coinage.
the unit of value in the Philippine Islands shall be the Unit of value gold peso consisting of twelve and nine-tenths grains of to be the gold
-gold, nine-tenths fine, said gold peso to become tle unit of p"" value when the government of the Philippine Islands shall have coined and ready for, or in, circulation not less than five million of the silver pesos hereinafter provided for in this Act, and the gold coins of the United States at the rate of one dollar for two pesos hereinafter authorized to be coined shall be legal tender for all debts, public and private, in the Philippine Islands.
SEC. 2. That in addition to the coinage authorized for Silver coins. use in the Philippine Islands by the Act of 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 p'rposes," the government of the Philippine Islands is author- Silverpesoanthorized.
'zed to coin to an amount not exceeding seventy-five million pesos, for use in said islands, a silver coin of the denomination of one peso and of the weight of four hundred and sixteen grains, and the standard of said silver coins shall be such that of one thousand parts, by weight, line hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper.





36 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

To bo a legal SEC. 3. That the silver Philippine peso authorized by tender, this Act shall be legal tender in the Philippine Islands for
all debts, public and private, unless otherwise specifically Proviso. provided by contract: Provided, That debts contracted Payment of .. "
debts prior to prior to the thirty-first day of December, nineteen hunDecember ", dred and three, may be paid in the legal-tender currency
of said islands existing at the time of the making of said contracts, unless otherwise expressly provided by contract.
SEC. 4. That section seventy-seven of the Act of July
first, nineteen hundred and two, is hereby amended so
that it shall read:
Subsidiarysil- "SEC. 77. That the governmentof the Philippine Islands ver coin - is authorized to coin for use in said islands a coin of the creased, denomination of fifty centavos and of the weight of two
hundred and eight grains, a coin of the denomination o twenty centavos and of the weight of eighty-three and tej one-hundredths grains, and a coin of the denomination ot ten centavos and of the weight of forty-one and fifty-fiv( one-hundredths grains; and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of
alloy, and the alloy shall be of copper."
To be coined SEC. 5. That the Philippine peso herein authorized and prohaslleo the subsidiary silver coins authorized by section seventyseven of the Act of July first, nineteen hundred and two, as amended by the preceding section of this Act, shall be coined under the authority of the government of the Philippine Islands in such amounts as it may determine, witi the approval of the Secretary of War of the United States, except as limited in section two of this Act, from silver bullion purchased by said government, with the approval Pr.oaiso. of the Secretary of War of the United States: Provided, pemc. naThat said government may, in its discretion, in lieu of the purchase of bullion, recoin any of the silver coins nov in or hereafter received by the treasury of the government; of the Philippine Islands into the coins provided for il' this Act or in the Act of July first, nineteen hundred and two, as herein amended, at such rate and under such regu. Legal tender lations as it may prescribe; and the subsidiary silver coins valueof subsidi- authorized bythis Act and by the Act of July first, ninetee cry coins.
hundred and two, shall 1e legal tender in said islands to
the amount of ten dollars.
Limitations, SEC. 6. That the coinage authorized by this Act shall etc. be subject to the conditions and limitations of the previsions of the Act of 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," except as herein other Maintenance wise provided; and the government of the Philippine Is, of Parity be lands may adopt such measures as it may deem proper, not tweensilverand .ma pre, gold pesos. inconsistent with said Act of July first, nineteen hundred
and two, to maintain the value of the silver Philippine peso at the rate of one gold peso, and in order to maintain suC1 parity between said silver Philippine pesos and the gold I Issue of tern- pesos herein provided for, and for no other purpose, maY poraryof certifl- issue temporary certificates of indebtedness, bearing ill cates o indebt-eof e annily edness, terest at a rate not to exceed four per centum annuallYp




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS 37

payable at periods of three months or more, but not later than one year from the date of issue, which shall be in the denominations of twenty-five dollars, or fifty pesos, or some multiple of such sum, and shall be redeemable in Redemption. gold coin of the United States, or in lawful money of said islands, according to the terms of issue prescribed by the government of said islands; but the amount of such cer- AT ax i m u m tificates outstanding at any one time shall not exceed ten amount. million dollars, or twenty million pesos, and said certifi- Exempt from cates shall be exempt from the payment of all taxes ortaxation. duties of the government of the Philippine Islands, or any local authority therein, or of the Government of the United States, as well as from taxation in any form by or under any State, municipal, or local authority in the United States or the Philippine Islands: Provided, That all the Pro, iso.
S Use of proproceeds of said certificates shall be used exclusively for ceeds. the maintenance of said parity, as herein provided, and for no other purpose, except that a sum not exceeding three million dollars at any one time may be used as a contiiing credit for the purchase of silver bullion in execution of the provisions of this Act.
SEC. 7. That the Mexican silver dollai now in use in theo Si ve coins Philippine Islands and the silver coins heretofore issued by ceiveduntilJanthe Spanish Government for use in said islands shall be uary 1, 1904. receivable for public dues at a rate to be fixed from time to time by the proclamation of the civil governor of said islands until such date, not earlier than the first day of January, nineteen hundred and four, as may be fixed by public proclamation of said civil governor, when such coins shall cease to be so receivable: Provided, That the Proviso. public offices of the government of said islands shall give Preferences. a preference for all public dues to the silver pesos and the silver certificates authorized by this Act, and may at any time refuse to receive such Mexican dollars and Spanish coins as may appear to be counterfeit or defective. SEC. 8. That the treasurer of the Philippine Islands is Issue of silver heeyo certificates for
hereby authorized, in his discretion, to receive deposits Of deposit of silver the standard silver coins of one peso authorized by this pesos. Act to be coined, at the treasury of the government of said islands or any of its branches, in sums of not less than twenty pesos, and to issue silver certificates therefor in denominations of not less than two nor more than Denomination. ten pesos, and coin so deposited shall be retained in the treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and for all public dues in the Philippine Islands, and when so received may be reissued, and when held by any banking association in said islands may be counted as a part of its lawful reserve. SEC. 9. That for the purchase of metal for the silver Purchase of Philippine peso authorized by this Act, an appropriation bulion. Thay be made by the government of The Philippine Islands from its current funds, or as hereinbefore authorized, which shall be reimbursed from the coinage under said sections.
section.Place of coinSEC. 10. That the silver Philippine pesos hereinbeforeago.




38 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

authorized may be coined at the mint of the government of the Philippine Islands at Manila, or arrangements may be made by the said government with the Secretary of the Treasury of the United States for their coinage or any portion thereof at any of the mints of the United States,
at a charge covering the reasonable cost of the work.
Devices and SEC. 11.-That the silver Philippine peso hereinbefore inscriptions, authorized shall bear devices and inscriptions to be prescribed by the government of the Philippine Islands, and such devices and inscriptions shall express the sovereignty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year of the
coinage.
Preparationof SEC. 12. That the Secretary of the Treasury is hereby notes and certifceates. authorized and directed, when requested by the government of the Philippine Islands, to cause to be made an4 prepared any drawings, designs, and plates, and execut any coinage, engraving, or printing of notes and certificates authorized by this Act, and to make a proper charge for the same, covering as nearly as may be the actual cost, which shall be defrayed from the revenues of said islands. Repeal SEC. 13. That section seventy-eight of the Act of July first, nineteen hundred and two, and all Acts and parts of Acts inconsistent with the provisions of this Act, and all provisions of law in force in the Philippine Islands making any form of money legal tender after December thirtyfirst, nineteen hundred and three, except as provided in
this Act, are hereby repealed.


March 3,1903. CHAP. 1006.-An Act Making appropriations to supply def[Public No 156] ciencies in the appropriations for the fiscal year ending June tI<.r32 Stats. L.,pt. tieth, nineteen hundred and three, and for prior years, and for other 1, p. 1031. purposes.

DEPARTMENT OF THE INTERIOR.


TWELFTH CENSUS.
Use of bal- The unexpended balance of the census appropriation, ances continued. which by the proviso in the Act approved June twentyeighth, nineteen hundred and two, entitled "An Act inak.
ing appropriations for sundry civil expenses of the Gov, ernment for the fiscal year ending June thirtieth, nineteet hundred and three, and for other purposes," which was reappropriated and made available for continuing the worl' of taking the Twelfth Census, and for all expenses arising under and authorized by the Act to provide for the per manent Census Office, approved March sixth, nineteen hundred and two, be, and the same is hereby, made available for the purposes indicated in said proviso during the Philippine fiscal year nineteen hundred and four; and that said balcensus. ance, or so much thereof as may be needed for the pur.
pose, be, and the same is hereby, also made available for




LAWS RELATING TO INSULAR AND )MILITARY AFFAIRS. 39

such expenditures as may become necessary in complying with the proclamation of the President, dated September thirtieth, nineteen hundred and two, pursuant to the provisions of section six of the Act of 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," including the cost of temporarily employing such number of persons as may be necessary for the performance of said work, at a compensation not to exceed that which has heretofore been paid employees in the Census Office for doing similar work, such persons to be selected and emaployed by the Director at such dates and for such periods of time as he may deem proper. * *















HAWAII.

Fifh.-fifih Con 'ess, Jit'st session.

CHAP. 2.-An Act Making appropriations for sundry civil June 4,1897. expenses of the Givernment for the fiscal year ending June thirtieth, [Public, No. 2.] eighteen hundred and ninety-eight, and for other purposes. 30 Stats. L., p. 11.


UNDER TIIE WAR DEPARTMENT.


ENGINEER DEPARTMENT.


IMPROVEMENT OF PEARL HARBOR: For expense of Pearl Harbor necessary survey of entrance to and of Pearl HIarbor, Survey, etc. Hawaiian Islands, and to enable the Secretary of the Navy to ascertain and report to Congress the amount of land necessary to be acquired in said harbor and the probable cost thereof for a coaling and repair station, ten thousand dollars.



Fifly-fiftli Congress, second session.
CHAP. 68.-An Act Making appropriations for the legislative, March 15,1898. executive, and judicial expenses of the Government for the fiscal [Public, No. 37.] year ending June thirtieth, eighteen hundred and ninety-nine, and 30 Stats. L., p. for other purposes. 277.


NAVY DEPARTMENT.


For drawing and engraving on copper plates the survey Pearl Harbor,
O .. . urvey of.
Of Pearl Harbor, Hawaiian Islands, authorized under the Appropriation Sundry civil act of June fourth, eighteen hundred and for drawings, mnnety-seven; for completing a series of charts of the Hawaiian Islands, for the navigation of the vessels of the Navy and for the benefit of mariners generally, from data resulting from the Hawaiian Government survey, which have been made available for this purpose by the Hawaiian Republic; * * * twelve thousand dollars. * * *
*� * * *





42 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.
June 13, 1898. CHAP. 446.-An Act Making appropriations for the service of [Public,No 11 the Post-Office Department for the fiscal year ending June thir30 Stats. L., p. tieth, eighteen hundred and ninety-nine. 440.

OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL.


Foreign mails. For transportation of foreign mails, one million eight hundred and fifty thousand dollars, including additional Oceanic Steam- compensation to the Oceanic Steamship Company for ship Company. transporting the mails by its steamers sailing from San
Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, Provisos. eighty thousand dollars: Provided, That the sum paid Limit. the said Oceanic Steamship Company shall not exceed two dollars per mile, as authorized by Act of March third, eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and
foreign ports, and to promote commerce:" * * *
* * * * *


July 7, 1898. [No. 55.] Joint Resolution To provide for annexing the Ha[Pub lic Res., waiian Islands to the United States.
No. 51.]
30. Stats. -., Whereas the Government of the Republic of Hawaii Annexationof having, in due form, signified its consent, in the manner t hi e Hawaiian
tandHas. provided by its constitution, to cede absolutely and withPreamble. out reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto
appertaining: Therefore,
Resolved by the Senate and House of Representatives of Cession of Ha- the United States of America in Congress assembled, That waiian sover- said cession is accepted, ratified, and confirmed, and that eignty, etc, accepted. the said Hawaiian Islands and their dependencies be, and
they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States
of America.
Congress to The existing laws of the United States relative to pubublienact specialli lands shall not apply to such lands in the Hawaiian laws. Islands; but the Congress of the United States shall enact Proviso. special laws for their management and disposition: Pro-revenues for vided That all revenue from or of the same, educationalpur- , Tproceeds poses, etc. except as regards such part thereof as may be used or





LAWS RELATING TO INSULAR AND MILITARY -AFFAIRS. 43

occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes.
Until Congress shall provide for the government of such Existing'ow �ers of officers islands all the civil, judicial, and military powers exer- continued. cised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to Removal of remove said officers and fill the vacancies so occasioned. officers.
The existing treaties of the Hawaiian Islands with for- Existing treasadtermine being ties replaced by eign nations shall forthwith cease and e..... ., . United States replaced by such treaties as may exist, or as may be here- treaties. after concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian Miunicipallegislation continIslands, not enacted for the fulfillment of the treaties so ned. extinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine.
Until legislation shall be enacted extending the United Existing cus�' r) . toms laws conStates customs laws and regulations to the Hawaiiantinued. Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged.
The public debt of the Republic of Hawaii, lawfully ex- Uniteas isting at the date of the passage of this joint resolution, Wblic debt of including the amounts due to depositors in the Hawaiian wai. Postal Savings Bank, is hereby assumed by the Governillent of the United States; but the liability of the United -limit. States in this regard shall in no case exceed four million dollars. So long, however, as the existing Government -interest. and the present commercial relations of the Hlawaiian Islands are continued as hereinbefore provided said Government shall continue to pay the interest on said debt.
There shall be no further immigration of Chinese into Chineseimmigration prohibthe Hawaiian Islands, except upon such conditions as are ited. now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands.
The President shall appoint five commissioners, at least commissionI ers to reeomtwo of whom shall be residents of the Hawaiian Islands, mend legislawho shall, as soon as reasonably practicable, recommend tion. to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper.
SEC. 2. That the commissioners hereinbefore provided -appointment for shall be appointed by the President, by and with the " advice and consent of the Senate.
SEC. 3. That the sum of one hundred thousand dollars, Appropriation for enforcing
Or so much thereof as may be necessary, is hereby appro- resolution. priated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be ex-





44 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

pended at the discretion of the President of the United States of America, for the purpose of carrying this joint
resolution into effect.


Fifty-fifth Congress, third session.
March 1,1899. CHAP. 327.-An Act Making appropriations for the service of i. the Post-Office Department for the fiscal year ending June thirtieth, 30 Stats. L., p. nineteen hundred.
959. * * * * *
OFFICE OF THE SECOND ASSISTANT POSTIASTER-GENERAL.
* * * * *
Foreignmails- For transportation of foreign mails, two million one eamshipm-hundred and fifty-four thousand dollars, including addipany. tional compensation to the Oceanic Steamship Company
for transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, Provisos eighty thousand dollars: Provided, That the sum paid the Limk.
said Oceanic Steamship Company siall not exceed two
dollars per mile, as authorized by Act of March third, eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce:" * * *
* * * * *
Frankin The franking privilege, as tie same is regulated by privilege extended to Ha- law, shall extend to the Hawaiian Islands. * * * waiian Islands. * * * * ,


March 3,1899. CHAP. 419.-An Act To provide for taking the Twelfth and [Public,No.183.] subsequent censuses. 30 Stats. L.. p.
1014. Be it enacted by the Senate and House of Rep resentatives Twelfth Cen- oftthe United States ofAm ericain Congress assembled, That a census of the population, of deaths, and of the manufacturing, mechanical, and agricultural products, of the United States shall be taken in the year nineteen hundred,
and once every ten years thereafter.
* * * * *
Alaska and SEC. 7. * * * The Director of the Census is also Hawaiian Islands. authorized and directed to make suitable provisions for I
the enumeration of the population and products of AlaskaI
and the Hawaiian Islands, for which purpose he may employ supervisors and enumerators or special agents as
he may deem necessary. * * *
* * * * *
Supervisors. SEC. 9. That the Director of the Census shall, at least six months prior to the date fixed for commencing the enumeration at the Twelfth and each succeeding decen-





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 45

nial census, designate the number, whether one or more, of supervisors of census to be appointed within each State and Territory, the District of Columbia, Alaska, and the
-Hawaiian Islands, who shall be appointed by the President, by and with the advice and consent of the Senate:
* * * * *


CHAP. 425.-AnAct Makingappropriations for the construction, March 3, 1899. repair, and preservation of certain public works on rivers and harbors, and for other purposes. [Public,No.189.] 30 Stats. L., p.
1121.
* Harbor,
Improving Pearl Harbor, Hawaii, in accordance with Pearl Harbor, the report submitted by Rear-Admiral Walker, JulyHawaii. eleventh, eighteen hundred and ninety-four, and contained in Senate Executive Document Number Forty-two, Fifty-third Congress, third session: Completing improvemenit, one hundred thousand dollars. * * *
** * * *


Fifty-sixth Congress, first session.
CHAP. 339. -An Act To provide a government for the Terri- April 30, 1900. tory of Hawaii. [Public, No. 82.] 31 Stats. L., p.
Be it enacted by the Senate and House of representatives Hawaii.
of the United States of America in Congress assembled, Provisions for government of.
CHAPTER I.-GENERAL PROVISIONS.

DEFINITIONS.
SEC. 1. That the phrase "the laws of Hawaii," as used w-'iaws of Hain this Act without qualifying words, shall mean the conStitution and laws of the Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninetyeight, at the time of the transfer of the sovereignty of the Hawaiian Islands to the United States of America.
The constitution and statute laws of the Republic of "Civil laws,"
.. ... .etc.
Hawaii the li force, set forth in a compilation made by Sidney M. Ballou under the authority of the legislature, and published in two volumes entitled "Civil Laws" and "Penal Laws," respectively, and in the Session Laws of the Legislature for the session of eighteen hundred and niety-eight, are referred to in this Act as "Civil Laws,"
Penal Laws," and "Session Laws."

TERRITORY OF HAWAII.
SEC. 2. That the islands acquired by the United States Name of anonexed territory.
of America under an Act of Congress entitled "Joint resolution to provide for annexing the Hawaiian Islands to the Unitedh States," approved July seventh, eighteen hundred and ninety-eight, shall be known as the Territory of tlawaii.





46 LAWS RELATING TO INSULAR AND -MILITARY AFFAIRS.

GOVERNMENT OF THE TERRITORY OF HAWAII.
Government. SEC. 3. That a Territorial government is hereby established over the said Territory, with its capital at Honolul,
on the island of Oahu.

CITIZENSHIP.
Citizenship. SEC. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the
United States and citizens of the Territory of Hawaii.
And all citizens of the United States resident in the Ilawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of
the Territory of Hawaii.
APPLICATION OF THE LAWS OF THE UNITED STATES.
Applicationof SEC. 5. That the Constitution, and, except as herein Federal laws. otherwise provided, all the laws of the United States which
are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United Povis.o.. States: Provided, That sections eighteen hundred and territorial laws fifty and eighteen hundred and ninety of the Revised Statto Congress. utes of the United States shall not apply to the Territory Limitation on
right of reli-of Hawaii.
gious cor orations to oid LAWS OF HAWAII. real estate.
R.S.,secs.1850- SEC. 6. That the laws of Hawaii not inconsistent with 1890, pp. " 2=3.
Existing laws the Constitution or laws of the United States or the proc o n tin u e d in * *0a force. i visions of this Act shall continue in force, subject to repeal
or amendment by the legislature of Hawaii or the Congress of the United States.
Existing laws SEC. 7. That the constitution of the Republic of Hawaii repealed. and the laws of Hawaii, as set forth in the following acts,
chapters, and sections of the civil laws, penal laws, and session laws, and relating to the following subjects, are
hereby repealed:
Civillaws. CIVIL LAWS: Sections two and three, Pronulgation of laws; chapter five, Flag and seal; sections thirty to thirtythree, inclusive, T,nders for supplies; chapter seven, Minister of foreign affairs; chapter eight, Diplolnatie and consular agents; sections one hundred aid thirty-four and one hundred and thirty-five, National lniseum ; chapter twelve, Education of Hawaiian youths abroad; sections one hundred and fifty to one hundred and fifty-six, inclusive, Aid to board of education; chapter fourteen, Minister of the interior; sections one hundred and sixtysix to one hundred and sixty-eight, inclsive, one hundred and seventy-four and one hundred and seventy-five, Government lands; section one hundred and ninety, Board of comnissioners of public lands; section four hundred al(l twenty-four, Bureau of agriculture aid forestry; chapter thirty-one, AgricultuIe and mannfactures; chapter thirty-two, Ralnie; chapter thirty-three, Taro flour; chap-





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 47

ter thirty-four, Development of resources; chapter thirtyfive, Agriculture; section four hundred and seventy-seven, Brands; chapter thirty-seven, Patents; chapter thirtyeight, Copyrights; sections five hundred and fifty-six and five hundred and fifty-seven, Railroad subsidy; chapter forty-seven, Pacific cable; chapter forty-eight, Hospitals; chapter fifty-one, Coins and currency; chapter fifty-four, Consolidation of public debt; chapter fifty-six, Post-office; chapter fifty-seven, Exemptions from postage; chapter fifty-eight, Postal savings banks; chapter sixty-five, Import duties; chapter sixty-six, Imports; chapter sixtyseven, Ports of entry and collection districts; chapter sixty-eight, Collectors; chapter sixty-nine, Registry of vessels; section one thousand and eleven, Custom-house charges; section eleven hundred and two, Elections; see-' tion eleven hundred and thirty-two, Appointment of magistrate; last clause of first subdivision and fifth subdivision of section eleven hundred and forty-four, first subdivision of section eleven hundred and forty-five, Jurisdiction; sections eleven hundred and seventy-three to eleven hundred and seventy-eight, inclusive, Translation of decisions; section eleven hundred and eightyeight, Clerks of court; sections thirteen hundred and twenty-nine, thirteen hundred and thirty-one, thirteen hundred and thirty-two, thirteen hundred antd forty-seven to thirteen hundred and fifty-four, inclusive, Juries; seetions fifteen hundred and nine to fifteen hundred and fourteen, inclusive, Maritime matters; chapter one hundred and two, Naturalization; section sixteen hundred and seventy-eight, Habeas corpus; chapter one hundred and eight, arrest of debtors; subdivisions six, seven, ten, twelve to fourteen of section seventeen hundred and thirty-six, Garnishment; sections seventeen hundred and fifty-five to seventeen hundred and fifty-eight, inclusive, Liens on vessels; chapter one hundred and sixteen, Bankruptcy, and sections eighteen hundred and twenty-eight to eighteen hund red and thirty-two, inclusive, Water rights.
PENAL LAWS: Chapter six,.Treason; section sixty-five -penal laws reto sixty-seven, inclusive, Fet binding; chlapter seveniteen, pealed. Violation of postal laws; section three hundred and fourteen, Blasphemy; sections three hundred anid seventy-one to three hundred and seventy-t wo, inclusive, Vagrants; sections four hundred and eleven to four hundred and thirteen, inclusive, Manufacture of liquors; chapter fortythiee, Offenses on the high seas and other waters; seetions five hundred and ninety-five and six hundred and two to six hundred and five, inclusive, Jurisdiction; seetion six hundred and twenty-three, Procedure; sections seO-en hundred and seven hundred and one, Imports; section seven hundred and fifteen, Auction license; section seven hundred and forty-five, Commercial travelers; seesiuflr seven hundred and forty-eight to seven hundred and fifty-five, inclusive, Firearms; sections seven hundred and ninety-six to eight hundred and nine, inclusive, Coasting drade; sections eight hundred and eleven and eight hunred and twelve, Peddling foreign goods; sections eight





48 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

hundred and thirteen to eight hundred and fifteen, inclusive, Importation of live stock; section eight hundred and nineteen, Imports; sections eight hundred and eighty-six to nine hundred and six, inclusive, Quarantine; section eleven hundred and thirty-seven, Consuls and consular agents; chapter sixty-seven, Whale ships; sections eleven hundred and forty-five to eleven hundred and seventynine, inclusive, and twelve hundred and four to twelve hundred and nine, inclusive, Arrival, entry, and departures of vessels; chapters sixty-nine to seventy-six, inclusivet Navigation and other matters within the exclusive jurisdiction of the United States; secti4ns thirteen hundred and forty-seven and thirteen hundred and forty-eight, Fraudulent exportation; chapter seventy-eight, Masters and servants; chapter ninety-three, Immigrat ion; sections sixteen hundred and one, sixteen hundred and eight, anl sixteen hundred and twelve, Agriculture and forestry chapter ninety-six, Seditious offenses; and chapter ninety
nine, Sailing regulations.
-session laws SESSION LAWS: Act fifteen, Elections; Act twenty-six, repealed. Duties; Act twenty-seven, Exemptions from duties; Act
thirty-two, Registry of vessels; section four of Act thirtyeight, Importation of live stock; Act forty-eight, Pacific cable; Act sixty-five, Consolidation of public debt; Act sixty-six, Ports of entry; and Act sixty-eight, Chinese
immigration.

CERTAIN OFFICES ABOLISHED.
Certain of- SEC. 8. That the offices of President, minister of foreign fices abolished. affairs, minister of the interior, minister of finance, lin.
ister of public instruction, auditor-general, deputy auditor-general, surveyor-general, marshal, and deputy mar.
shal of the Republic of Iawaii are hereby abolished.

AMENDMENT OF OFFICIAL TITLES.

Amendment SEC. 9. That wherever the words "President of the Reof official titles. public of Hawaii," or " Republic of Hawaii," or "Government of the Republic of Hawaii," or their equivalents,I occur in the laws of Hawaii not repealed by this Act, theyI are hereby amended to read " Governor of the Territor of Hawaii," or "Territory of Hawaii," or " Governmeni of the Territory of Iawaii," or their equiv,lents, as thi
context requires.

CONSTRUCTIJN OF EXISTING STATUTES.
"Existing obli- SEC. 10. That all rights of action, suits at law and if gations, etc., unaffected. equity, prosecutions, and judgments existing prior to thi!
taking effect of this Act shall continue to be as effectual as if this Act had not been passed; and those in favor oi or against the Republic of Hawaii, and not assumed b!
or transferred to the United States, shall be equally valid in favor of or against the government of the Territory (if
--existing of- Iawaii. All offenses which by statute then in force weit senses. punishable as offenses against the Republic of Ilawa'




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 49

shall be punishable as offenses against the government of the Territory of Hawaii, unless such statute is inconsistent with this Act, or shall be repealed or changed by law. No person shall be subject to imprisonment for nonpayment of taxes nor for debt. All criminal and penal pro- -criminal, etc.. ceedings then pending in the courts of the Republic of pci. Hawaii shall be prosecuted to final judgment and execution in the name of the Territory of Hawaii; all such proceedings, all actions at law, suits in equity, and other proceedings then pending in the courts of the Republic of Hawaii shall be carried on to final judgment and execution in the corresponding courts of the Territory of Hawaii; and all process issued and sentences imposed before this Act takes effect shall be as valid as if issued or imposed in the name of the Territory of Hawaii: Provided, Provisos.
C ntracts for
That no suit or proceedings shall be maintained for the labor, etc. specific performance of any contract heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be enforced for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided fur- Merchant seather, That the provisions of this section.shall not modify men or change the laws of the United States applicable to merchant seamen.
That all contracts made since August twelfth, eighteen Contracts for definite term
hundred and ninety-eight, by which persons are held for of service void, service for a definite term, are hereby declared null and etc. void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts. That the Act approved February twenty-sixth, eighteen Contract labor . aws made aphundred and eighty-five, "To prohibit the importation plicable. and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," and the Acts amendatory thereof and supplemental thereto, be, and the same are hereby, extended to and made applicable to the Territory of Hawaii.

STYLE OF PROCESS.
SEC. 11. That the style of all process in the Territorial Styleof procCourts shall hereafter run in the name of "The Territoryess. of lawaii," and all prosecutions shall be carried on in the name and by the authority of the Territory of Hawaii.

CHAPTER I.-THE LEGISLATURE.

THE LEGISLATIVE POWER.
SEC. 12. That the legislature of the Territory of Hawaii to consist of shall consist of two houses, styled, respectively, the senate and house of representatives, which shall organize and sit separately, except as otherwise herein provided.
S. Doe. 105. 58-2 --4




50 LAWS RELATING TO INSULAR AND M1ILITARY AFFAIRS.

--style. The two houses shall be styled "The legislature of the
Territory of Hawaii."
-qualifications SEC. 13. That no person shall sit as a senator or repre-, of members. sentative in the legislature unless elected under and in
conformity with this Act.

GENERAL ELECTIONS.

SEC. 14. That a general election shall be held on th(
Tuesday next after the first Monday in November, nine-, Proviso. teen hundred, and every second year thereafter: Pro. Special elecoecn. lided, however, That the governor may, in his discretion on thirty days' notice, order a special election before th( first general election, if, in his opinion, the public inter,
ests shall require a special session of the legislature.

EACH HOUSE JUDGE OF QUALIFICATIONS OF MEMBERS.
Each house SEC. 15. That each house shall be the judge of the elecjudge of qualificationsof mem- tions, returns, and qualifications of its own members. bers.
DISQUALIFICATIONS OF LEGISLATORS.

Disqualifica- SEC. 16. That no member of the legislature shall, durtions of legisla-i h
tors. the term for which he is elected, be appointed or
elected to any office of the Territory of Hawaii.

DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND EMPLOYEES.'
Government SEC. 17. That no person holding office in or under or by officers ineligibo as legisla- authority of the Government of the United States or of tors. the Territory of Hawaii shall be eligible to election to the
legislature, or to hold the position of a member of the
same while holding said office.
Idiots, con- SEC. 18. No idiot or insane person, and no person who victs, etc., dis- bequalified as shall be expelled from the legislature for giving or receivvoters. ing bribes or being accessory thereto, and no person who,
in due course of law, shall have been convicted of any criminal offense punishable by imprisonment, whether with or without hard labor, for a term exceeding one year, whether with or without fine, shall register to vote or shall vote or hold any office in, or under, or by authority of, the government, unless the person so convicted shall
have been pardoned and restored to his civil rights.

OATH OF OFFICE.
Oath of office. SEC. 19. Tht every member of the legislature, and all officers of the government of the Territory of Hawaii,
shall take the following oath or affirmation:
I solemnly swear (or affirn), in the presence of Almighty
God, that I will faithfully support the Constitution and laws of the United States, and conscientiously and inpar tially discharge my duties as a member of the legislature, or as an officer of the government of the Territory ol
Hawaii (as the case may be).





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 51

OFFICERS AND RULES.
SEC. 20. That the senate and house of representatives Officers and shall each choose its own officers, determine the rules of rules. its own proceedings, not inconsistent with this Act, and keep a journal.
AYES AND NOES.

SEC. 21. That the ayes and noes of the members oi any Ayes and noes. question shall, at the desire of one-fifth of the members present, be entered on the journal.

QUORUI.
SEC. 22. That a majority of the number of members to Quorum. which each house is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a law in each house shall require the vote of a majority of all the members to which such house is entitled. SEC. 23. That a smaller number than a quorum may -smaller numadjourn from day to day, and compel the attendance of orn ma adabsent members, in such manner and under such penal- to day. ties as each house may provide. SEC. 24. That, for the purpose of ascertaining whether -ascertaining there is a quorum present, the chairman shall count the quorum. number of members present.

PUNISHMENT OF PERSONS NOT MEMBERS.
SEC. 25. That each house may punish by fine, or by Punishment imprisonment not exceeding thirty. days, any person not f noers t a member of either house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior il its presence or that of any committee thereof; or who -ffenses speci shall, on account of the exercise of any legislative func- fled tion, threaten harn to the body or estate of any of the members of such house; or who shall assault, arrest, or detain any witness or other person ordered to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by order of such house.
But the person charged with the offense shall be informed, Accusedtobe eard in his own
I writing, of the charge made against him, and have an defense. Opportunity to present evidence and be heard in his own defense.
COMPENSATION OF MEMBERS.
SEC. 20). That the members of the legislature shall re- Compensation ceive for their services, in addition to mileage at the rate of members. Of ten cents a mile each way, the sum of four hundred dollars for each regular session of the legislature, 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 extra session of the legislature.





52 LAWS RELATING TO INSULAR AND M1ILITARY AFFAIRS.

PUNISHMENT OF MEMBERS.
Punishment SEC. 27. That each house may punish its own members of members.
for disorderly behavior or neglect of duty, by censure, or
by a two-thirds vote suspend or expel a member.

EXEMPTION FROM LIABILITY. Exemption SEC. 28. That no member of the legislature shall be hel from liability, to answer before any other tribunal for any words uttere
in the exercise of his legislative functions in either house.

EXEMPTION FROM ARREST.
Exemption SEC. 9. That the members of the legislature shall, in from arrest. Z'
all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the ses.
sions of the respective houses, and in going to and return. Proviso. ing from the same: Provided, That such privilege as to going and returning shall not cover a period of over ten
days each way.
THE SENATE.

NUMBER OF MEMBERS.

Term of serv- SEC. 30. That the Senate shall be composed of fifteen ice,.o
P,ovio. members, who shall hold office for four years: Provided, Division into however, That of the senators elected at the first general election, two from the first district, one from the second,
three from the third, and one from the fourth district shabI hold office for two years only, the details of such appor.
tionment to be provided for by the legislature.

VACANCIES.

Vacancies. SEC. 31. That Vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term at general or special elections.

SENATORIAL DISTRICTS.
Senatorialdis- SEC. 32. That for the purpose of representation in thi tricts. senate, until otherwise provided by law, the Territory i
divided into the following senatorial districts, namely: !
First district: The island of Hawaii. 1
Second district: The islands of Maui, 51olokai, Lanai
and Kahoolawe.
Third district: The island of Oahu.
Fourth district: The islands of Kauai and Niihau.
Apportion- SEC. 33. That the electors in the said districts shall b ment. entitled to elect senators as follows:
In the first district, four;
In the second district, three;
In the third district, six;
In the fourth district, two.





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 53

QUALIFICATIONS OF SENATORS.
SEC. 34. That in order to be eligible to election as a Qualifications enator a person shall- senators. Be a male citizen of the United States; Have attained the age of thirty years; Have resided in the Hawaiian Islands not less than three years and be qualified to vote for senators in the district from which he is elected.
THE HOUSE OF REPRESENTATIVES. House of representatives.
NUMBER OF REPRESENTATIVES.
SEC. 35. That the house of representatives sliall be corn- Number of repre'entative,
posed of thirty members, elected, except as herein pro- etc. vided, every second year.

TERM OF OFFICE.
SEC. 36. That the term of office of the representatives Termofoffice. elected at any general or special election shall be until the next general election held thereafter.

VACANCIES.
SEC. 37. That vacancies in the office of representative Vacancies. caused by death, resignation, or otherwise slall be filled for the unexpired term at special elections.

REPRESENTATIVE DISTRICTS.
SEC. 38. That for the purpose of representation in the Reegesenta house of representatives, until otherwise provided by law, tie istricts. the Territory is divided into the following representative districts, namely:
First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua.
Second district: That portion of the island of Hlawaii known as Kau, Kona, and Kohala.
Third district: The islands of Maui, Molokai, Lanai, and Kahoolawe.
Fourth district: That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pall to Mokapt Point.
Fifth district: That portion of the island of Oahu lying west and north of the fourth district.
Sixth district: The islands of Kauai and Niihau.

APPORTIONMENT.
SEC. 39. That the electors in the said districts shall be Apportionentitled to elect representatives as follows:
In the first district, four;
In the second district, four;
In the third district, six;
In the fourth district, six;
In the fifth district, six;
In the sixth district, four.





&4 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

QUALIFICATIONS OF REPRESENTATIVES.
Qualifications SEC. 40. That in order to be eligible to be a member of
0 f representatives, the house of representatives a person shall, at the time of
electionHave attained the age of twenty-five years;
Be a male citizen of the United States;
Have resided in the Hawaiian Islands not less than
three years;
And shall be qualified to vote for representatives in tl
district from which lie is elected.

Legislation LEGISLATION.

SESSIONS OF THE LEGISLATURE.
sessions of SEC. 41. That the first regular session of the legislature shall be held on the third Wednesday in February, nineteen hundred and one, and biennially thereafter, in lio
olulu.
SEC. 42. That neither house shall adjourn during any
session for more than three days, or sine die, without tde
consent of the other.
-duration of. SEC. 43. That each session of the legislature shall con.
tinue not longer than sixty days, excluding Sundays and Proniso. holidays: Provided, however, That the governor may ex.
tend such session for not more than thirty days.
Special ses- The governor may convene the legislature, or the senaV sion.
alone, in special session, and, in case the seat of govern.
Session at ment shall be unsafe from an enemy, riot, or insurrection, other than Capital. or any dangerous disease, direct that any regular or spe
cial session shall be held at some other than the regular
meeting place.

ENACTING CLAUSE-ENGLISH LANGUAGE.
n a c t i n g SEC. 44. That the enacting clause of all laws shall b, clause. 1
"Be it enacted by the legislature of the Territory
Hawaii."
English lan- All legislative proceedings shall be conducted in tl guage. English language.

TITLE OF LAWS.
Title of laws. SEC. 45. That each law shall embrace but one subjet which shall be expressed in its title.

READING OF BILLS.

Reading of SEC. 46. That a bill in order to become a law shall, d' bills. cept as herein provided, pass three readings in each liou4
-flnalpassage. oil separate days, the final passage of which in each hov
shall be by a majority vote of all the members to whit such house is entitled, taken by ayes and noes and 6l
tered upon its journal.





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 55

CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER.

SEC. 47. That every bill when passed by the house in Certification
--- of bills from one which it originated, or in which anendments thereto shall 1iouse to anhave originated, shall innediately be certified by the pre- other. siding officer and clerk and sent to the other house for consideration.
SIGNING BILLS.
SEC. 48. That, except as herein provided, all bills Signing bills. passed by the legislature shall, in order to be valid, be signed by the governor.

VETO OF GOVERNOR.
SEC. 49. That every bill which shall have passed the Veto of govlegislature shall be certified by the presiding officers aid eruor. clerks of both houses, and shall thereupon be presented to the governor. If he approves it, he shall sign it, and it slall become a law. If the governor does not approve such bill, he may return it, with his objections, to the legislature.
Ie may veto any specific item or items in any bill which appropriates money for specific purposes; but shall veto other bills, if at all, only as a whole.

PROCEDURE UPON RECEIPT OF VETO.

SEC. 50. That upon the receipt of a veto message from Procedure tho governor each house of the legislature shall enter the uPon receipt of same at large upon its journal and proceed to reconsider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or part of a bill, shall be approved by a two-thirds vote of all the members to which each house is entitled, it shall thereby become law.
FAILURE TO SIGN OR VETO.
SEC. 51. That if the governor neither signs nor vetoes a Failuretosign bill within ten days after it is delivered to him it shall or veto. become a law without his signature, unless the legislature adjourns sine die prior to the expiration of such ten days. If anybill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature by their adjournment prevents its return, in which case it shall not be a law.
APPROPRIATIONS.
SEC. 52. That appropriations, except as otherwise herein App, priaProvided, shall be made biennally by the legislature: Pro- nally.
Post, p. 162.
ided, however, That pending the time when this Act shall Poio.





56 LAWS RELATING TO INSULAR AND 'MILITARY AFFAIRS.

Use of funds take effect and until a session of the legislature of the in Hawaiian
treasury au- Territory of Hawaii shall be held, the President may, in thorized. his discretion, authorize and direct the use of such money
in the treasury of the Republic of Hawaii as well as ol the Territory of Hawaii, as he shall think requisite and proper for carrying on the government of the Territory of Hawaii, the preservation of the public health, the completion of the sewerage system of the city of Honolulu, and such other expenditures as in the President's judgment shall seem to be appropriate.
Estimates for SEC. 53. That the governor shall submit to the legislaappropriations.
ture, at each regular session, estimates for appropriations
for the succeeding biennial period.
Failure to ap- SEC. 54. That in case of failure of the legislature to pass propriate for
current ex- appropriation bills providing for payments of the necespenses. sary current expenses of carrying on the government and
meeting its legal obligations as the same are provided foi by the then existing laws, the governor shall, upon the
-extra session. adjournment of the legislature, call it in extra session foi
the consideratioi, of appropriation bills, and until th( legislature shall have acted the treasurer may, with th advice of the governor, make such payments, for which purpose the sums appropriated in the last appropriation bills shall be deemed to have been reappropriated. And all legislative and other appropriations made prior to the date when this Act shall take effect, shall be available
to the government of the Territory of Hawaii.

LEGISLATIVE POWER.
Legislative SEC. 55. Thatthe legislative powerof the Territory shall power.
-scope of. extend to all rightful subjects of legislation not inconsistent with the Constitution and laws of the United States locally applicable. The legislature, at its first regular session after the census enumeration shall be ascertained, and from time to time thereafter, shall reapportion the membership in the senate and house of representatives among the senatorial and, representative districts on the basis of the population in each of said districts who are
-xe 1 u s i ve citizens of the Territory; but the legislature shall not grant privileges, etc.,
to corporations. to any corporation, association, or individual any special
-private charters. or exclusive privilege, immunity, or franchise without the
-incorpora- approval of Congress; nor shall it grant private charters, tions. but it may by general act permit persons to associate themselves together as bodies corporate for manufacturing, agricultural, and other industrial pursuits, and for conducting the business of insurance, savings banks, banks of discount and deposit (but not of issue), loan, trust, alnd guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation Qf railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection
therewith, or for colleges, seminaries, churches, libraries, Real es tate or any other benevolent, charitable, or scientific associa holdings ofleor- lion: Provided, That no corporation, domestic or foreign, porations limited, etc. -shall acquire and hold real estate in Hawaii in excess of





LAWS RELATING TO INSULAR AND AIILITARY AFFAIRS. 57

one thousand acres; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States, but existing vested rights in real estate shall not be impaired. No Divorce. divorce shall be granted by the legislature, nor shall any divorce be granted by the courts of the Territory unless the applicant therefor shall have resided in the Territory for two years next preceding the application, but this provision shall not affect any action pending when this Act takes effect; nor shall any lottery or sale of lottery tickets Lotteries. be allowed; nor shall spirituous or intoxicating liquors be Liquors. sold except under such regulations and restrictions as the Territorial legislature shall provide; nor shall any public Sectrianetc., n- schools. money be appropriated for the support or benefit of any sectarian, denominational, or private school, or any school not under the exclusive control of the government; nor Government subscription to
shall the government of the Territory of Hawaii, or any stock of corpopolitical or municipal corporation or subdivision of the rations, etc. Territory, make any subscription to the capital stock of any incorporated company, or in any manner lend its credit for the use thereof; nor shall any debt be author- Contracting
ized t, , � territorial debts ized to be contracted by or on behalf of the Territory, restricted, etc. 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, and harbor and other public improvements, but the total of such indebtedness incurred in any one year by the Territory or any subdivision shall not exceed one per centumn upon the assessed value of taxable property of the Territory or subdivision thereof, as the case may be, as shown by the last general assessment for taxation, and the total indebtedness for the Territory shall not at any time be extended beyond seven per centum of such assessed value, and the total indebtedness of any subdivision shall not at any time be extended beyond three per centun of such assessed value, but nothing in this provision shall Prevent the refunding of any existing indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or any part thereof, nor shall any bond Or other instrument of any such indebtedness be issued Unless made redeemable in not more than five years and Payable in not more than fifteen years from the (late of the issue thereof; nor shall any such bond or indebted'less be incurred until approved by the President of the United States.

TOWN, CITY, AND COUNTY GOVERNMENT.
SEC. 56. That the legislature may create counties and Towns, etc., town and city municipalities within the Territory of la- government. Waii and provide for the government thereof.





58 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.
Elections. ELECTIONS.

EXEMPTION OF ELECTORS ON ELECTION DAY.
SEC. 57. That every elector shall be privileged from
arrest on election day during his attendance at election and in going to and returning therefrom, except in case of breach of Ihe peace then committed, or in case of treason
or felony.
Exemption of SEC. 58. That no elector shall be so obliged to perform: electors on election day. military duty on the day of election as to prevent his voting,
except in time of war or public danger, or in case of absence from his place of residence in actual military service, in which case provision may be made by law for taking
his vote.

METHOD OF VOTING FOR REPRESENTATIVES.
Methodofvot- SEC. 59. That each voter for representative may cast a iug for representatives, vote for as many representatives as are to be elected from
the representative district in which he is entitled to vote,
The required number of candidates receiving the high.
est number of votes in the respective representative dis.
tricts shall be the representatives for such districts.

QUALIFICATIONS OF VOTERS FOR REPRESENTATIVES.
Qualification SEC. 60. That in order to be qualified to vote for repreof voters for
represanta-sentatives a person shalltives. First. Be a male citizen of the United States.
Second. Have resided in the Territory not less than
one year preceding and in the representative district in which he offers to register not less than three months immediately preceding the time at which he offers to
register.
Third. Have attained the age of twenty-one years.
Fourth. Prior to each regular election, during the time
prescribed by law for registration, have caused his name to be entered on the register of voters for representatives
for his district.
Fifth. Be able to speak, read, and write the English or
Hawaiian language.

METHOD OF VOTING FOR SENATORS. Miethodofvot- SEC. 61. That each voter for senator may cast one vote ing for Senators. for each senator to be elected from the senatorial district
in which he is entitled to vote.
The required number of candidates receiving the highest number of votes in the respective senatorial districts
shall be the senators for such district.

QUALIFICATIONS OF VOTERS FOR SENATORS AND IN AILL OTHER ELECTIONS.
Qualifications
of voters for SEC. 62. That in order to be qualified to vote for sena" senators and in
other elections. tors and for voting in all other elections in the Territory





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 59

of Hawaii a person must possess all the qualifications and be subject to all the conditions required by this Act of voters for representatives.
SEC. 63. That no person shall be allowed to vote who. Military.serv� __ ice in T�errit;or y,
is in the Territory by reason of being in the Army or Navy disqualification. or by reason of being attached to troops in the service of the United States.
SEC. 4. That the rules and regulations for administer- Ballou's Coming oaths and holding elections set forth in Ballou's Corn- Provlions as pilation, Civil Laws, Appendix, and the list of registeringto oaths, etc., continued in
districts and precincts appended, are continued in force force. with the following changes, to wit: Strike out the preliminary proclamation and sections -except one to twenty-six, inclusive, sections thirty and thirtynine, the second and third paragraphs of section fortyeight, the second paragraph of section fifty, and sections sixty-two, sixty-three, and sixty-six, second paragraph of section one hundred.
In section twenty-nine strike out all after the word "Niihau" and in lieu thereof insert: "The boards of registration existing at the date of the approval of this Act shall go out of office, and new boards, which shall consist of three members each, shall be appointed by the governor, by and with the advice and consent of the senate, whose terms of office shall be four years. Appointments made by the governor when the senate is not in session shall be valid until the succeeding meeting of that body." In section thirty-one strike out "the first day of April and the thirtieth day of June, in the year eighteen hundred and ninety-seven," and insert in lieu thereof "the last day of August and the tenth day of October, in the year nineteen hundred."
Strike out the words "and the detailed record" in sections fifty-two and one hundred and twelve.
Strike out " marshal" wherever it occurs and insert in lieu thereof "high sheriff."
Strike out of section fifty-three the words "except as provided in section one hundred and fourteen hereof." In sections fifty-three, fifty-four, fifty-six, fifty-seven, fifty-nine, sixty, seventy-one, seventy-five, eighty-six, ninety-two, ninety-three, ninety-four, ninety-five, one hundred and eleven, one hundred and twelve, and one hundred and thirteen strike out the words "minister ' and "minister of the interior" wherever they occur and insert in lieu thereof the words "secretary of the Territory." In section fifty-six, paragraph three, strike out "interior office" and insert " office of the secretary of the Territory",,
In Section fifty-six, first paragraph, after the words candidate for election" insert "to the legislature;" and in the last paragraph strike out the word "only."
Strike out the word "elective " in section sixty-four.
In sections twenty-seven, sixty-four, sixty-five, sixtyeight, seventy, and seventy-two strike out the words minister of the interior" or "minister" wherever they Occur and insert in lieu thereof the word " governor."


SUP-lv. OF r1I2ClI. LrAWt LIBRARY





60 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

Amend section sixty-seven so that it will read: "At
least forty days before any election the governor shall issue an election proclamation and transmit copies of th same to the several boards of inspectors throughout thn
Territory, or where such election is to be held."
In section seventy-five strike out the word "perfectly,',
and in section seventy-six strike out "in" and insert" on.,
In section one hundred and twelve strike out "interior
department" and insert in lieu thereof "office of the see
retary of the Territory."
In section one hundred and fourteen strike out the wore Republic" wherever it occurs and insert in lieu thereof
"Territory."
In section one hundred and fifteen strike out the words
'minister" and " minister of the interior" and insert in lieu thereof "treasurer," and strike out all after the word "refreshments:" Prorided, howeer, That for the holdin of a special election before the first general election th governor may prescribe the time during which the board;
of registration shall meet and the registration be made. A I t e r i n g SEC. 65. That the legislature of the Territory may front boundaries o f
el cti o fn d- time to time establish and alter tl e boundaries of elect ioD tricts. districts and voting precincts and apportion the senator
and representatives to be elected from such districts.

CHAPTER 3.-THE EXECUTIVE.

THE EXECUTIVE POWER.
Governor. SEC. 66. That the executive power of the governmen of the Territory of Hawaii shall be vested in a governor, who shall be appointed by the President, by and with thE advice and consent of the Senate of the United States and shall hold office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. Ile shall be not less than thirty-five years of age; shall be a citizen of the Territory of hIawaii; shall be commander in chief of the militia thereof; may' grant pardons or reprieves for offenses against the laws of the said Territory and reprieves for offenses against tile laws of the United States until the decision of the Presi'
dent is made known thereon.

ENFORCEMENT OF LAW.

Powersofgov- SEC. 67. That the governor shall be responsible for the ernor. faithful execution of the laws of the United States and of
the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon tie commanders of the military aind naval forces of the United States in the Territory of llawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrectiol, or rebellion in said Territory, and lie may, in case of rebellion or invasion, or imminent danger thereof, whell the public safety requires it, suspend the privilege of tile





LAWS RELATING TO INSULAR AND -MILITARY AFFAIRS. 61

writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known.
GENERAL POWERS OF THE GOVERNOR.

SEC. GS. That all the powers and duties which, by the -general powlaws of Hawaii, are conferred upon or required of theers. President or any minister of the Republic of Hawaii (acting alone or in connection with any other officer or person or body) or the cabinet or executive council, and not inconsistent with the Constitution or laws of the United States, are conferred upon and required of the governor of the Territory of Hawaii, unless otherwise provided.

SECRETARY OF THE TERRITORY.

SEC. 69. That there shall be a secretary of the said Ter- Soc.retary of Territory, duritory, who shall be appointed by the President, by and tis, etcwith the advice and consent of the Senate of the United States, and who shall be a citizen of the Territory of tHawaii and hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. He shall record and preserve all the laws and proceedings of the legislature and all acts and proceedings of the governor, and promulgate proclamations of the governor. le shall, within thirty days after the end of each session of the legislature, transmit to the President, the President of the Senate, and the Speaker of the House of Representatives of the United States one copy each of the laws and journals of such sesSiOn. lIe shall transmit to the President, semiannually, on the first days of January and July, a copy of the executive proceedings, and shall perform such other duties as are prescribed in this Act or as may be required of him by the legislature of Hawaii.

ACTING GOVERNOR IN CERTAIN CONTINGENCIES.

SEC. 70. That in case of the death, removal, resigna- -when acting tion, or disability of the governor, or his absence from agoverno, t110 Territory, the secretary shall exercise all the powers and perform all the duties of governor during such vacancy, disability, or absence, or until another governor is appointed and qualified.

ATTORNEY-GENERAL.
SuC. 71. That there shall be an attorney-general, who Attorney-gshall have the powers and duties of the attorney-general oral, ' t'. and those of the powers and duties of the minister of the Interior which relate to prisons, prisoners, and prison in5Pectors, notaries public, and eseheat of lands under the laws of hlawaii, except as changed by this Act and subject to modification by the legislature.





62 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

TREASURER.
Treasurer,du- SEC. 72. That there shall be a treasurer, who shall have ties, etc. the powers and duties of the minister of finance and those
of the powers and duties of the minister of the interior which relate to licenses, corporations, companies, and partnerships, business conducted by married women, newspapers, registry of conveyances, and registration of prints, labels, and trade-marks under the laws of Hawaii, except as changed in this Act and subject to modification by the
legislature.
Commissioner
of public lands. COMMISSIONER OF PUBLIC LANDS.
SEC. 73. That the laws of Hawaii relating to public
lands, the settlement of boundaries, and the issuance of patents on land-commission awards, except as changed by Public-land this Act, shall continue in force until Congress shall otherws, sales, etc.T
continued in wise provide. That, subject to the approval of the Presiforce, dent, all sales, grants, leases, and other dispositions of the
public domain, and agreements concerning the same, and all franchises granted by the Hawaiian government in conformity with the laws of Hawaii between the seventh day of July, eighteen hundred and ninety-eight, and the twenty-eighth day of September, eighteen hundred and Change of ninety-nine, are hereby ratified and confirmed. In said terms, laws "land patent" shall be substituted for "royal patent;" "commissioner of publiM lands" for "minister of the interior," "agent of public lands," and "commissioners of public lands," or their equivalents; and the words "that I am a citizen of the United States," or "that I have declared my intention to become a citizen of the United States, as required by law," for the words "that I am a citizen by birth (or naturalization) of the Republic of Hawaii," or "that I have received letters of denization under the Republic of Hawaii," or "that I have received a certificate of special right of citizenship from the ReLease of agri- public of Hawaii." And no lease of agricultural land cultural an. shall be granted, sold, or renewed by the government of
the Territory of Hawaii for a longer period than five years until Congress shall otherwise direct. All funds arising from the sale or lease or other disposal of such lands shall be appropriated by the laws of the government of the Territory of Hawaii and applied to such uses and purposes for the benefit of the inhabitants of the Territory of Hawaii as are consistent with the joint resolution of annexation, approved July seventh, eighteen hundred and ninety-eight: roviso. Provided, There shall be excepted from the provisions of
---exception.
this section all lands heretofore set apart, or reserved, by Executive order, or orders, by the P1resident of the United
States.
Commissioner C
of Agriculture COMMISSIONER OF AGRICULTURE AND FORESTRY. and Forestry.
Laws contin- SEC. 74. That the laws of Hawaii relating to agriculture ned in force.
and forestry, except as changed by this Act, shall continue in force, subject to modification by Congress or the




LAWS RELATING TO INSULAR AND M1ILITARY AFFAIRS. 63

legislature. In said laws" commissioner of agriculture and Change of forestry " shall be substituted, respectively, for "bureau, terms. "bureau of agriculture and forestry," "commissioner," "conmissioners of agriculture," and "commissioners for the island of Oahu."

SUPERINTENDENT OF PUBLIC WORKS.

SEC. 75. That there shall be a superintendent of public Superintendent of public
works, who shall have the powers and duties of the super- works. intendent of public works and those of the powers and -duties, etc. duties of the minister of the Interior which relate to streets and highways, harbor improvements, wharves, landings, waterworks, railways, electric light and power, telephone lines, fences, pounds, brands, weights and measures, fires and fireproof buildings, explosives, eminent domain, public works, markets, buildings, parks and cemeteries, and other grounds and lands now under the control and management of the minister of the interior, and those of the powers and duties of the minister of finance and collectorgeneral which relate to pilots and harbor masters under the laws of Hawaii, except as changed by this Act and subject to modification by the legislature. In said laws Change of the word "legislature" shall be substituted for "coun- terms. cils" and the words "the circuit court" for "the Hawaiian Postal Savings Bank."

SUPERINTENDENT OF PUBLIC INSTRUCTION.

SEC. 76. That there shall be a superintendent of public superintendent; of public
instruction, who shall have the powers and perform the instruction. duties conferred upon and required of the minister of pub- -duties, etc. lic instruction by the laws of Hawaii as amended by this Act, and subject to modification by the legislature.
It shall be the duty of the United States Commissioner Labor statis of Labor to collect, assort, arrange, and present in annual ticsreports statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may, by law, direct. The said commissioner is especially charged to ascertain, at as early a date as Possible, and as often thereafter as such information may be required, the highest, lowest, and average numher of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress

AUDITOR AND DEPUTY AUDITOR.
SEc. 77 That there shall be an auditor and deputy an- Anditor and
� " deputy.
litor, who shall have the powers and duties conferred upon -duties, etc. and required of the auditor-general and deputy auditoreneral, respectively, by act thirty-nine of the Session Laws, as amended by this Act, subject to modification





64 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

by the legislature. In said act "officer" shall be substituted for "minister" where used without other designation.
SURVEYOR.
Surveyor. SEC. 78. That there shall be a surveyor, who shall have the powers and duties heretofore attached to the surveyorgeneral, except such as relate to the geodetic survey of
the Hawaiian Islands.

HIGH SHERIFF.
High sheriff. SEC. 79. That there shall be a high sheriff and deputies, who shall have the powers and duties of the marshal and deputies of the Republic of Hawaii under the laws of Hawaii, except as changed by this Act, and subject to modification by the legislature.

APPOINTMENT, REMOVAL, TENURE, AND SALARIES OF OFFICERS.
Appointment SEC, SO. That the Iresident shall nominate and, by and of officers. with th, advice and consent of the Senate, appoint the
chief justice and justices of the supreme court, the judges of the circuit courts, who shall hold their respective offices for the term of four years, unless sooner removed by the President; and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, treasurer, comnmissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, boa:d of registration and inspectors of election, and any other boards of a public character that may be created by law; and lie may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are confirmed, expire at the
-removal. end of the next session of the senate. He may, by and
with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers. All Termofoffice. such officers shall hold office for four years and until their successors are appointed and qualified, unless sooner removed, except the commissioners of public instruction and the members of said boards, whose terms of office shall be asprovided by the laws of the Territoryof Hawaii. Appointment, The manner of appointment and removal and the tenetc., of unspecified officers. ure of all other officers shall be as provided by law; and
the governor may appoint or remove any officer whose appointment or removal is not otherwise provided for.
Salaries. The salaries of all officers other than those appointed by the President shall be as provided by the legislature, but those of the chief justice and the justices of the supreme court and judges of the circuit courts shall not be
diminished during their term of office.





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 65

All officers appointed under the provisions of this sec- Officers to be tion shall be citizens of the Territory of Hawaii.
All persons holding office in the Hawaiian Islands at the Present incumbents to,
time this Act takes effect shall continue to hold their re- hold until sucspective offices until their successors are appointed and cesor appointqualified, but not beyond the end of the first session of the senate of the Territory of Hawaii unless reappointed as herein provided.
CHAPTER IV.

THE JUDICIARY.

SEC. 81. That the judicial power of the Territory shall Thejudiciary. be vested in one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. And until the legislature shall otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided.
SUPREME COURT.

SEC. 82. That the supreme court shall consist of a chief s u p r e M e S. court.
justice and two associate justices, who shall be citizens of of what to the Territory of Hawaii and shall be appointed by the consist. President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: Provided, however, That riso. in case of the disqualification or absence of any justice Absence of thereof, in any cause pending before the court, on the justices. trial and determination of said cause his place shall be filled as provided by law.

LAWS CONTINUED IN FORCE.

SEC. 83. That the laws of Hawaii relative to the jud- Laws concial department, including civil and criminal procedure, except as amended by this Act, are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic Juries.
-repeal of cerof Hawaii which require juries to be composed of aliens tain provisions. or foreigners only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a male -qualificationscitizen of the United States and twenty-one years of age and who can not understandingly speak, read, and write the English language shall be a qualified juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal. case except by unanimous verdict of the jury. No plaintiff or defendant in hnIy suit or-of one rproceeding in a court of the Territory of Hawaii shall be only, etc. entitled to a trial by a jury impaneled exclusively from
S. Doc. 105, 58-2 --




66 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.
-grand juries, persons of any race. Until otherwise provided by thi
legislature of the Territory, grand juries may be drawnr in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand jurors shall be prescribed by the supreme court of the Territory of Hawaii. The several circuit courts may subpena witnesses to appear before the grand jury in like manner as they subpona witnesses
to appear before their respective courts.

DISQUALIFCATION BY RELATIONSHIP, PECUNIARY INTEREST, OR PREVIOUS JUDGMENT.
Disqunajfioa- SEC. 84. That no person shall sit as a judge or juror in tion of judge orjury, any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror may have, either directly or through such relative, any pecuniary interest. No judge shall sit on ani appeal, or new trial, in any case, in which he may have
given a previous judgment.
United States
officers. CHAPTER 5.-TNITED STATES OFFICERS.

DELEGATE TO CONGRESS.
Delegate to SEC. 85. That a Delegate to the House of Representatives Congress. of the United States, to serve during each Congress, shall
be elected by the voters qualified to vote for members of the house of representatives of the legislature; such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii.
The times, places, and manner of holding elections shall be as fixed by law. The person having the greatest nunber of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting.

FEDERAL COURT.
Federalcourt. SEC. 86. That there shall be established in said Territory a district court to consist of one judge, who shall Appointment reside therein and be called the district judge. The Pres" of judge, etc. ident of the United States, by and with the advice and
consent of the Senate of the United States, shall appoint a district judge, a district attorney, and a marshal of the United States for the said district, and said judge, attorney, and marshal shall hold office for six years unless Jurisdiction. sooner renloved bythe President. Said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 67

therein in the same manner as a circuit court; and said judge, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit courts of the United States. Writs of error and appeals from said Procedure, district court shall be had and allowed to the circuit court of appeals in the ninth judicial circuit in the same manner as writs of error and appeals are allowed from circuit courts to circuit courts of appeals as provided by law, and the laws of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relating to appeals, writs of error, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii. Regular terms of T e r in s of said court shall be held at Honolulu on the second Mon- court. day in April and October and at Hilo on the last Wednesday in January of each year; and special terms may be held at such times and places in said district as the said judge may deem expedient. The said district judge shall Clerk. appoint a clerk for said court at a salary of three thousand dollars per annum, and shall appoint a reporter of said Reporter. court at a salary of twelve hundred dollars per annum.

INTERNAL-REVENUE DISTRICT.
SEC. 87. That the Territory of Hawaii shall constitute a Internal-revdistrict for the collection of the internal revenue of the enue district. United States, with a collector, whose office shall be at !honolulu, and deputy collectors at such other places in the several islands as the Secretary of the Treasury shall direct.
CUSTOMS DISTRICT.
SEC. 88. That the Territory of Hawaii shall comprise a Customs discustomns district of the United States, with ports of entrytrict. and delivery at Honolulu, Hlilo, Makuhona, and Kahului.

CHAPTER .-3ISCELLANEOUS.

REVENUES FROM WHARVES.
SEC. 89. That until further provision is made by Con- R e v e n U e S gress the wharves and landings constructed or controlled from wharves. by tie Republic of Hawaii on any seacoast, bay, roadstead, or harbor shall remain under the control of the government of the Territory of Hawaii, which shall receive and enjoy all revenues derived therefrom, on condition tb at said property shall be kept in good condition for the use and convenlence of commerce, but no tolls or charges shall be made by tie government of the Territory of Hawaii for the use of any such property by the United States, or by any vessel





(8 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

of war, tug, revenue cutter, or other boat or transport in
the service of the United States.
Disposition of SEC. 90. That Hawaiian postage stamps, postal cards, Hawaiian postage stamps. and stamped envelopes at the post-offices of th- Hawaiian
Islands when this Act takes effect shall not be sold, but, togetherlwith those that shall thereafter be received at such offices as herein provided, shall be canceled under the direction of the Postmaster-General of the United States; those previously sold and uncanceled shall, if presented at such offices within six months after this Act takes effect, be received at their face value in exchange for postage stamps, postal cards, and stamped envelopes of the United States of the same aggregate face value and, so far as may
be, of such denominations as desired.
pDiblpcosrirof SEC. 91. That the public property ceded and transferred ceded to the to the United States by the Republic of Hawaii under the United States. 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 governor of Hawaii. And all moneys in the Hawaiian treasury, and.all the revenues and other property acquired by the Republic of Hawaii since said cession shall be and remain the property of the Territory of Hawaii.
Salaries of SEC. 92.. That the following officers shall receive the folgovernor, etc.
lowing annual salaries, to be paid by the United States: The governor, five thousand dollars; the secretary of the Territory, three thousand dollars; the chief justice of the supreme court of the Territory, five thousand five hundred dollars, and the associate justices of the supreme court, five thousand dollars each, and the judges of the circuit courts, three thousand dollars each. The salaries of the said chief justice and the associate justices of the supreme court, and the judges of the circuit courts as above provided shall be paid bythe United States; the United States district judge, five thousand dollars; the United States marshal, two thousand five hundred dollars; the United States district attorney, 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.

IMPORTS FROM HAWAII INTO THE UNITED STATES.

Imports from SEc. 93. That imports from any of the Hawaiian Islands, United States. into any State or any other Territory of the United States,
of any dutiable articles not the growth, production, or manufacture of said islands, and imported into them from any foreign country after July seventh, eighteen hundred and ninety-eight, and before this Act takes effect, shall





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 69

pay the same duties that are imposed on the same articles when imported into the United States from any foreign country.
INVESTIGATION OF FISHERIES.
SEC. 94. That the Commissioner of Fish and Fisheries of Investigation the United States is empowered and required to examine into the entire subject of fisheries and the laws relating to the fishing rights in the Territory of Hawaii, and report to the President touching the same, and to recommend such changes in said laws as he shall see fit.

REPEAL OF LAWS CONFERRING EXCLUSIVE FISHING RIGHTS.
SEC. 95. That all laws of the Republic of Hawaii which Rplof law
� . o errin ex confer exclusive fishing rights upon any person or persons elusive Kshing are hereby repealed, and all fisheries in the sea waters of rights. the Territory of Hawaii not included in any fish pond or artificial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested right shall be valid after three years from the taking effect of this Act unless established as hereinafter provided.

PROCEEDINGS FOR OPENING FISHERIES TO CITIZENS.
SEC. 96. That any person who claims a private right to oProceedins.
any such fishery shall, within two years after the taking eries toeitien.. effect of this Act, file his petition in a circuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Ter ritory, and such case shall be conducted as an ordinary action at law.
That if such fishing right be established, the attorneygeneral of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated.
QUARANTINE.

SEC. 97. That quarantine stations shall be established quarantine.
� " r .. Stations, regat such places in the Territory of Hawaii as the Supervis- ulations, etc. ing Surgeon-General of the Marine-hospital Service of the United States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the Government of the United States. The quarantine sta- Honolulu station and grounds at the harbor of Honolulu, together with tion. all the public property belonging to that service, shall be transferred to the Marine-hospital Service of the United





70 LAWS RELATING TO INSULAR AND -MILITARY AFFAIRS.

States, and said quarantine grounds shall continue to be so used and employed until the station is changed to other grounds which may be selected by order of the Secretary
of the Treasury.
The health laws of the government of Hawaii relating
to the harbor of Honolulu and other harbors and inlets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the governmentof the Territory of Hawaii, subject to the quarantine
laws and regulations of the United States.
Americanreg- SEC. 98. That all vessels carrying Hawaiian registers on ister for certain
vessels, the twelfth day of August, eighteen hundred and ninetyeight, and which were owned bona fide by citizens of the United States, or the citizens of Hawaii, together with the following-named vessels claiming Hawaiian register, Star of France, Euterpe, Star of Russia, Falls of Clyde, and Wilscott, shall be entitled to be registered as American vessels, with thie benefits and privileges appertaining thereto, and the coasting trade between the islands aforesaid and any other portion of the United States, shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting
districts.
Crown land SEC. 99. That tile portion of the public domain heretofreefromtrusts, fore known as Crown land is hereby declared to have been, etc.
on the twelfth day of August, eighteen hundred and ninety-eight, and prior thereto, the property of the Ilawaiian government, and to be free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses
as may be provided by law.
:Naturaliza- SEC. 100. That for the purposes of naturalization under tion. the laws of the United States residence in the Hawaiian
Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands.
Certificatesof SEC. 101. That Chinese in the Hawaiian Islands when residence for
Chinese. this Act lakes effect may within one year thereafter obtain
certificates of residence as required by "An Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred anTId ninetytwo, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such





LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 71

certificates: Provided, however, That no Chinese laborer, P-riso.
beChinese laborwhether he shall hold such certificate or not, shall bers denied enallowed to enter any State, Territory, or District of the t rance in to United States from the Hawaiian Islands. United States.
SEC. 102. That the laws of Hawaii relating to the estab- Hawaiianlaws
.... as to postal savlishment and conduct of any postal savings bank or insti- ingsbanksaboltution aie hereby abolished. And the Secretary of the iSiino Treasury, in the execution of the agreement of the United ta s a vin gs States as expressed in an Act entitled "Joint Resolution Payments to to provide for annexing the Hawaiian Islands to the United depositors auStates," approved July seventh, eighteen hundred and thorized, eV,% ninety-eight, shall pay the amounts on deposit in the Hawaiian Postal Savings Bank to the persons entitledthereto, according to their respective rights, and he shall make all needful orders, rules, and regulations for paying such persons and for notifying such persons to present their demands for payment. So much money as is necessary to pay said demands is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be available on and after the first day of July, nineteen hundred, when such payments shall begin, and none of said demands shall bear interest after said date, and no deposit shall be made in said bank after said date. Said demands of such persons shall be certified to by the chief executive of Hawaii as being genuine and due to the persons presenting the same, and his certificate shall be sealed with the official seal of the Territory, and countersigned by its secretary, and shall be approved by the Secretary of the Interior, who shall draw his warrant for the amount due upon the Treasurer of the United States, and when the same are so paid no further liabilities shall exist in respect of the same against the governments of the United States or of Hawaii.
SEC. 103. That any money of the Hawaiian Postal Say- -surplus, etc., to be aid into
ings Bank that shall remain unpaid to the persons entitled United States thereto on the first day of July, nineteen hundred and Treasury. one, and any assets of said bank shall be turned over by the government of Hawaii to the Treasurer of the United States, and the Secretary of the Treasury shall cause an account to be stated, as of said date, between such government of llawaii and the United States in respect to said Hawaiian Postal Savings Bank.
SEC. 104. This Act shall take effect forty-five days from Effect. and after the date of the approval thereof, excepting only as to section fifty-two, relating to appropriations, which shall take effect upon such approval.


:CHAP. 555. -An Act Making appropriations for the Department May 7, 1900. of Agriculture for the fiscal year ending June thirtieth, nineteen [Public,No.121. hundred and one. 31 Stats. L., p.
* ~ - * * 191,
AGRICULTURAL EXPERIMENT STATIONS: * * * And the Secretary of Agriculture is hereby authorized to expend ten thousand dollars of which sum to establish and main-




72 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.
Hawaiian Is-tian an agricultural station in the Hawaiian Islands, lands station. including the erection of buildings, the printing (in the
Hawaiian Islands), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station, which sum shall be immediately available.

WEATHER BUREAU.
West Indies
stations. For maintaining the Weather Bureau stations already
established by the Secretary of Agriculture, or to be established by the Secretary of Agriculture, in the West Indies Hawaiian Is- or on adjacent coasts, and for establishing and equipping lands, meteorological stations in the Hawaiian Islands; for taking daily observations of meteorological phenomena; for collecting reports thereof by cable and otherwise; for disseminating information based thereon of the approach of tropical hurricanes and other storms, and for collecting and publishing such climatological data as may be of public benefit, including salaries of one professor of meteorology, at not exceeding three thousand dollars; one forecast official, at not exceeding two thousand dollars; section directors, observers, and other necessary employees (all for duty at the places named in this Act or at such points in the United States as the exigencies of the weather service may require); rents of offices; stationery, furniture, and instrumental supplies; traveling expenses; freight and express charges; cablegrams and telegrams, and all other necessary expenses, sixty thousand dollars.



MIay 26, 100. CHAP. 589.-An Act To provide for officers in the customs disIPublic,No.126.J trict of Hawaii.
31 Stats. L., p.
218. Be it enacted by the Senate and House of Representatives Hawaii.
customs offi- ofthe United States of America in Con gressassentbled, That cersauthorized. there shall be in the customs district of Ilawaii one collector, who shall reside at Honolulu, and who shall receive a salary of four thousand dollars per annum, and such deputy collectors and other customs officers as the Secretary of the Treasury shall deem necessary.


June 6,1900. CHAP. 785. An Act Making appropriations t. supply deficiencies in the appropriations for the fiscal year ending June thirtieth, [Public,No.157.] nineteen hundred, and for prior years, and for other purposes. 31 Stats. L., p'.* 280.***
TREASURY DEPARTMENT.
CONTINGENT EXPENSES.

Qiarantine QUARANTINE SERVICE: For the maintenance and ordiservice. nary expenses, including pay of officers and employees




LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 73

of quarantine stations at * * and in * * * Hawaii, thirty-five thousand dollars.


DEPARTMENT OF JUSTICE.


MISCELLANEOUS.

For the payment of the salary of the United States dis- Hawaii.
trict judge for the Territory of Hawaii, two hundred and Districtjudge. thirty-three dollars and fifty-two cents.
* * * *
For the payment of the salary of the clerk of the United Hawaii.
Clerk, etc., disStates district court of the Territory of Hawaii, one hun- trict court. dred and forty dollars and eleven cents.
For the payment of the salary of the reporter of the United States district court for the Territory of Hawaii, fifty-six dollars and four cents. * * *
* * * * *CHAP. 791.-An Act Making appropriations for sundry civil June6, 1900, expenses of the Government for the fiscal year ending June thirtieth, [Public,No.163.] nineteen hundred and one, and for other purposes. 31 Stats L., p.
588.
QUARANTINE SERVICE.


For establishment and maintenance of quarantine serv- Hawaii. ice in the Territory of Hawaii under the provisions of section ninety-seven of an Act to provide a government for the Territory of Hawaii, approved April thirtieth, nineteen hundred, seventy-five thousand dollars, to be iminmediately available.
* * * * a

TERRITORY OF HAWAII.

For salaries, namely: Governor, five thousand dollars; salaries. secretary, three thousand dollars; chief justice, five thousand five hundred dollars, and 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, and also for the remainder of the fiscal year nineteen hundred.
For contingent expenses of the Territory to be expended Contingent by the governor for stationery, postage, and incidentals, expenses. five hundred 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, to be immediately available.





74 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

UNDER THE DEPARTMENT OF JUSTICE.
* * * * *

JUDICIAL.

UNITED STATES COURTS.
* * * * *
Additional For the payment of the salaries of an additional district judges, New
York and Ha-judge in the State of New York and the United States wail. district judge for the Territory of Hawaii, ten thousand
dollars.
Clerk and re- For the payment of the salaries of the clerk and the reporter, Hawaii. porter of the United States district court for the Territory
of Hawaii, at three thousand dollars and one thousand two hundred dollars, respectively, four thousand two hundred dollars.

June 6, 1900. CHAP. 816.-An Act To provide an American register for the [Public,No.188.] ships Star of Italy and Star of Benlgal. 31 Stats. L., p.
W . Be it enacted by the Senate and House of Representatives "St ar of ofthe United States ofAmerica in Congress assembled, That Italy" and ..
"Star of Ben- tile Commissioner of Navigation is hereby authorized and gal" granteddietdtcastieSran Americanted - direct to cause the foreign-built ship Star of Italy and ters. foreign-built ship Star of Bengal, owned by citizens of the
United States or citizens of Hawaii, to be registered as
vessels of the United States.



Tiay 31, 1900. [No. 28.] Joint Resolution Withdrawing certain lauds on the [Pub. Res., No. island of Oahn, Hawaii, from the public domain.
28.1
31 Stats. L.,p. Resolved by the Se, ate and House of Representatives of 118.
Hawaiian Is- the United States of America in Congress assembled, That lands, the following-described lands lying and being situate in Certain landsr
ill Honolul Ithe city of Ionolulu, Iawaiian Islands, heretofore used witlidrawnas a mausoleum for the royal family of Hawaii, to wit: mai. The mausoleum premises, beginning at the north co'ner
of said lot, on the southeast side of Nuuanu street, the same being the west corner of L. C. A. six hundred and eighty-two, to M. Kekuanaoa, as shown on government survey's registered map numbered eight hundred and thirty-eight, and running by true bearings: South forty degrees twenty minutes east three hundred and ninety-six feet along L. C. A. six hundred and eighty-two, to Kekuanaoa; south twenty-five degrees twenty-eight minutes west two hund red and fifty-eight feet, to stone wall; north thirty-four degrees twenty-two minutes west seventy-two and nine-tenths feet, along L. C. A. ten thousand six hundred and five ap two, to Piikoi; north fifty-seven degrees fifteen minutes west one hundred and six feet along L. C. A.
ten thousand six hundred and five ap two, to Piikoi; north sixty-two degrees ten minutes west two hundred and sixty-




Full Text

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This volume was donated to LLMC to enrich its on-line offerings and for purposes of long-term preservation by University of Michigan Law Library

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58TH CONGRESS, ) 2d Session. ( SENATE. DOCUMENT No. 105. COMPILATION OF THE ACTS OF CONGRESS, TREATIES, RELATING TO INSULAR AND MILITARY AFFAIRS FROM MIARCH 4, 1897, 1O NIARCH 3, 1903, BUREAU OF INSULAR AFFAIRS, WAR DEPARTMENT. JANUARV 15, 1904.-Referred to the Committee on Printing. WASHINGTON: GOVERNMENT PRINTING OFFICE. 1904. AND PROCLAMATIONS I: <1" cc rn-a C-, Lt. 0 a

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IN THE SENATE OF THE UNITED STATES, .Janaryt 19, 19011. Ordered. That the compilation of the Acts of Congress, Treaties, and Proclamations Relating to the Insular and Military Affairs from March 4, 1897, to March 3. 1903. be printed as a document. Attest: CHARLES G. BENNETT, Secretary.

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LETTER OF TRANS MITTAL. \TAR DEPARTMENT, TVashington, January 13, 1904. SIR: I beg to transmit herewith a compilation prepared by the Bureau of Insular Affairs, consisting ofFirst. All legislation enacted by the Congress of the United States during the period between March 4, 1897, the beginning of the first session of the Fifty-fifth Congress, and March 3, 1903, the date of the final adjournment of the Fifty-seventh Congress, concerning the Philippines, Porto Rico, Cuba, Hawaii, the Samoan Islands, and Guam, 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 the lease to the United States by the Government of Cuba of coaling or naval stations, ratified October 6, 1903, and the commercial convention between the United States and Cuba, proclaimed December 17, 1903. I believe that this compilation should be printed. It would be useful to this Department and of probable value to all other Executive Departments, as well as a peculiarly convenient book of reference for the use of members of Congress, and therefore of enough importance to warrant its general distribution as a Congressional document rather than that the cost of its publication be charged to the limited allotment available for printing by the War Department. The Chief of the Bureau of Insular Affairs estimates that if printed it could be comprised in a volume of convenient reference size, the total cost of which at the Public Printing Office would be about $1,000. I suggest, therefore, that such printing be authorized by concurrent resolution, the volume to be proof read and indexed by the War Department. Very respectfully, ELIHU ROOT, Secretary of War. Hon. VILLIAM P. FRYE, President pro tempore United States Senate. I

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NOTE. The present work is a compilation ofFirst. 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 final adjournment of the Fifty-seventh 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." Iv

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CONTENTS. ACTS AND JOINT RESOLUTIONS OF CONGRESS. PHILIPPINES. Fiftyfifth Congress, third session. Page. Joint resolution No. 25, providing for the printing of the Report on the Financial and Industrial Conditions of the Philippine Islands, by Edward W. Harden, special commissioner of the United States. (March 1, 1899, Public resolution No. 24, 30Stat. L.,p. 1391.). ...--------------------1 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetynine, and for prior years. and for other purposes. (March 3, 1889, Public No. 191, chap. 427, 30 Stat. L., p. 1214.)-_-.-------------------------1 Fifty-sixth Congress, first session. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (February 9, 1900, Public No. 14, chap. 14, 31 Stat. L.,p. 7.)-------------.-----------------1 Fifty-sixth Congress, second session. An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Publie No. 118, chap. 803, 31 Stat. L., p. 895.) -----------------------2 Fifty-seventh Congress, first session. An act temporarily to provide revenue for the Philippine Islands. and for other purposes. (March 8, 1902, Public No. 28, chap. 140, 32 Stat. L., pt. 1. p.54.) ------------------------------------------------------3 An a-t temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes. (July 1, 1902, Public No. 235, chap. 1369, 32 Stat. L., pt. 1, p. 691.)--------------6 Fifty-seventh Congress, second session. An act to promote the efficiency of the Philippine constabulary, to establish the rank and pay of its commanding officers, and for other purposes. (January 30, 1903, Public No. 37, chap. 334, 32 Stat. L., pt. 1, p. 783.) --33 An act for the relief of the officers and crew of the United States steamer Charleston, lost in the Philippine Islands, November second, eighteen hundred and ninety-nine. (February 7, 1903, Public No. 66, chap. 515, 32 Stat. L., pt. 1, p.804.) --------------------------------------An act to provide for the removal of persons accused of crime to and from the Philippine Islands for trial. (February 9, 1903, Public No. 72, chap. 529, 32 Stat. L., pt. 1, p. 806.) ------------------834 An act to establish a standard of value and to provide for a coinage system in the Philippine Islands. (March 2, 1903, Public No. 137, chap. 980, 32 Stat. L., pt. 1, p. 952.) 5------------------3 An act making appropriations to supply deficiencies in the appropriations for the fiscal ycar ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 382 Stat. L., pt. 1, p. 1031.).------------------------------38 v

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HAWAII. Fifty-fifth Congress, first session. Page. An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and iinety-eight, and for other purposes. (June 4, 1897, Public No. 2, chap. 2, 30 Stat L., p. 11.) ---------------------41 Fij ty-ffth Congress, second session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (March 15, 1898, Public No. 37, chap. 68, 30 Stat. L. p. %77.) ---------------------41 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine. (June 13,1898, Public No. 131, chap. 446, 30 Stat. L., p. 440.) 42 Joint resolution No. 55, to provide for annexing the Hawaiian Islands to the United States. (July 7, 1898, Public resolution No. 51, 30 Stat. L., p. 750.) ------------------------------------------------------4 Fifty-fifth Congress, third session. An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred. (March 1, 1899, Public No. 107, chap. 327, 30 Stat. L., p. 959.)-_----------_ 44 An act to provide for taking the Twelfth and subsequent censuses. (March 3, 1899, Public No. 183, chap. 419, 30 Stat. L., p. 1014.) ----------------44 An act making appropriation for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (March 3, 1899, Public No. 189, chap. 425, 30 Stat. L., p. 1121.)-_ ------45 Fifty-sixth Congress, first session. An act to provide a government for the Territory of Hawaii. (April 30, 1900, Public No. 82, chap. 389, 31 Stat. L., p. 141.) ----------_ -45 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and one. (May 25, 1900, Public No. 121, chap. 555, 31 Stat. L., p. 191.) --------------------71 An act to provide for officers in the customs district of Hawaii. (May 26, 1900, Public No. 126, chap. 589, 31 Stat. L., p. 218.)----------------2 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785, 31 Stat. L., p. 280.) ---__----------------------------------------12 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6, 1900, Public No. 1683, chap. 791. 31 Stat. L., p. 588.) ------------------------------------------------------73 An act to provide an American register for the ships Star of Italy and Star of Bengal. (June 6, 1900, Public No. 188, chap. 816, 31 Stat. L., p. 682.) 74 Joint Resolution No. 28, withdrawing certain lands on the island of Oahu. Hawaii, from the public domain. (May 31, 1900, Public Resolution No. 28, 31 Stat. L., p. 718.)-----------------------------------------74 Fifty-sixth Congress, second session. An act to extend the privileges provided by an act entitled "An act to amend the statutes in relation to the immediate transportation of dutiable goods. and for other purposes." approved June tenth, eighteen hundred and eighty, as amended. (February 15, 1901, Public No. 65, chap. 373, 31 Stat. L., p. 791.) ---.-----------------------------------------------75 vi

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CONTENTS. VII Page. An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 31 Stat. L., p.922.) ----_-_-75 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen and two, and for other purposes. (March 3, 1901, Public No. 135, chap. 830, 31 Stat. L., p. 960.) -----------------------------------76 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831, 31 Stat. L., p. 1010.) ----------------------------------77 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 158, chap. 853, 31 Stat L., p.1133.)-------------------------------------------------77 An act to provide for subports of entry and delivery in the Territory of Hawaii. (March 3, 1901, Public No. 163, chap. 858, 31 Stat. L., p. 1437.). 78 Fifty-seventh Congress, first session. An act to provide an American register for the barkentine Hawaii. (February 19, 1902, Public No. 15, chap. 24, 32 Stat. L., pt. 1, p. 35.)--------7S An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (April 28, 1902, Public No. 83, chap. 594, 32 Stat. L., pt. 1, p. 120.) -------79 An act to apportion the term of office of Senators elected at the first general election in the Territory of Hawaii. (May 19, 1902, Public No. 118, chap. 817, 32 Stat. L., pt. 1, p. 200.) ------------------------------79 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 189, chap. 985, 32 Stat. L., pt. 1, p. 286.) ----------------80 An act to increase the limit of cost of certain public buildings, to authorize the purchase of sites for public buildings, to authorize the erection and completion of public buildings, and for other purposes. (June 6, 1902. Public No. 146, chap. 1036, 32 Stat. L., pt. 1, p. 310.) -------------------8 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, Public No. 182, chap. 1801, 32 Stat. L., pt. 1, p. 419.)---------------------------------------------81 Fifty-seventh Congress, second session. An act relating to Hawaiian silver coinage and silver certificates. (January 14, 1903, Public No. 25, chap. 186, 32 Stat. L., pt. 1, p. 770.) ------------81 .An act to pay in part judgments rendered under an act of the legislative assembly of the Territory of Hawaii for property destroyed in suppressing the bubonic plague in said Territory in eighteen hundred and ninetynine and nineteen hundred, and authorizing the Territory of Hawaii to issue bonds for the payment of the remaining claims. (January 26, 1903, Public No. 35, chap. 332, 32 Stat. L., pt. 1, p. 780.) -----------------83 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (February 25, 1903, Public No. 115, chap. 755, 82 Stat. L., pt. 1, p.854.) --------------------84 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L, pt. 1, p.1083.)---------------------------------------.-.----84 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 158, chap. 1008, 32 Stat. L., pt. 1, p. 1147.) --------------85

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PORTO RICO. Fifty-fifth Congress, second session. Page. An act to provide an American register for the steamer Arkadia. (June 16, 1898, Public No. 138, chap. 456, 80 Stat. L., p. 473.)-----------------87 Fifty-sixth Congress, first session. An act appropriating, for the benefit and government of Porto Rico, revenues collected on importations therefrom since its evacuation by Spain, and revenues hereafter collected on such importations under existing law. (March 24, 1900, Public No. 44, chap. 91, 31 Stat. L., p. 51.)--_ --_ 87 An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes. (April 12, 1900, Public No. 69, chap. 191, 31 Stat. L., p.77.) ---------------------------------------------88 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and one. (May 25, 1900, Public No. 121. chap. 555, 31 Stat. L., p. 191.) ------------------100 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6. 1900, Public No. 163, chap. 791, 31 Stat. L.,p.588.) ------------------------------------------------100 Joint resolution No. 23, to provide for the administration of civil affairs in Porto Rico pending the appointment and qualification of the civil officers provided for in the act approved April twelfth, nineteen hundred, entitled "An act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes." (May 1, 1900, Public Resolution No.23,31 Stat. L.,p. 715.)---------------------------101 Joint resolution No. 26, providing for the printing and distribution of the general report of the expedition of the steamer Fishhawk to Puerto Rico, including the chapter relating to the fish and fisheries of Puerto Rico, as contained in the Fish Commission bulletin for nineteen hundred. (May 14. 1900, Public Resolution No. 26, 31 Stat. L., p. 717.) ------------10 Joint resolution No. 32, to authorize and empower the Banco Espanl de Puerto Rico (Spanish Bank of Porto Rico) to amend its by-laws. (June 6, 1900, Public Resolution No. 32, 31 Stat. L., p. 719.) ------------------102 Fifty-sixth Congress, second session. 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. (March 1, 1901, Public No. 113, chap. 677, 81 Stat. L., p. 87:3.) --.-------------------------------103 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 31 Stat. L., p. 922.) -----------------103 An act to amend an act entitled "An act temporarily t0 provide revenues and a civil government for Porto Rico, and for other purposes," approved April twelfth, nineteen hundred, and to increase the salary of the commissioner of education provided for by said act. (March 2, 1901, Public No. 127, chap. 812. 31 Stat. L., p. 953.)----------------------------104 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 135, chap. 830, 31 Stat. L., p. 960.) .-----------------------.105 ViII

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CONTENTS. IX Page. An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831,31 Stat. L., p.1010.) --------------------------------. 105 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 158, chap. 853,31 Stat. L., p. 1133.)--5----------------------------------------------------Fifty-seventh Congress, first session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (April 28, 1902, Public No. 83, chap. 594, 32 Stat. L., pt. 1, p. 120.)--------------_ -106 An act to refund the amount of duties paid in Porto Rico upon articles imported from the several States from April eleventh, eighteen hundred and ninety-nine, to May first, nineteen hundred, to confer jurisdiction on the Court of Claims to render judgment thereon, and making an appropriation therefor. (April 29, 1902, Public No. 89, chap. 640, 32 Stat. L., pt. 1, p. 176.) -------------------------------------------------106 An act making appropriations for the Department of Agriculture' for the fiscal year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 139, chap. 985, 32 Stat. L., pt. 1, p. 286.) -----------107 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, Public No. 182, chap. 1301, 38 Stat. L., pt. 1, p. 419.) ----------------------------------------------107 An act authorizing the President to reserve public lands and buildings in the island of Porto Rico for public uses, and granting other public lands and buildings to the government of Porto Rico, and for other purposes. (July 1, 1902, Public No. 249, chap. 1383, 32 Stat. L., pt. 1, p. 731.) -----108 Fifty-seventh Congress, second session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (February 25, 1903, Public No. 115, chap. 755, 382 Stat. L., pt. 1, p. 854.) ------------109 An act making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 145, chap. 995, 82 Stat. L., pt. 1, p. 1011.)------------------109 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32 Stat. L. pt. 1 p. 1031) ------------------------------109 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007,32 Stat. L., pt. 1, p.1083.) 110 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 158, chap. 1008, 32 Stat, L., pt. 1, p. 1147.) -. ----------110

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GUAM AND SAMOA. Fifty-sixth Congress, first session. Page. An act making provision for emergencies in river and harbor works, for certain surveys, and for the diversion of certain appropriations or modification of provisions heretofore made. (June 6, 1 00, Public No. 102, chap. 790, 31 Stat. L., p. 578. )-----111 Fifty-fifth Congress, second session. An act making appropriation for the diplomatic and consular service for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine. (March 9, 1898, Public No. 32, chap. 55, 30 Stat. L., p. 262.) ------------111 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetyeight, and for prior years, and for other purposes. (July 7, 1898, Public No. 182, chap. 571, 80 Stat. L., p. 652.) ---------------------------111 Fifty-fifth Congress, third session. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred. (February 9, 1899, Public No. 41. chap. 128, 30 Stat. L.p. 823.) ------------------112 x

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CUBA. Fifty-fifth Congress. first session. Page. Joint resolution No. 11, appropriating fifty thousand dollars for the relief of destitute citizens of the United States in the island of Cuba. -(May 24, 1897, Public Resolution No. 11, 30 Stat. L. p. 220.) ----------------113 Fifty-fifth Congress, second session. An act for the relief of the sufferers by the destruction of the United States steamer Maine, in the harbor of Havana, Cuba. (March 30, 1898, Public No. 53. chap. 103, 30 Stat. L.,p. 346.)--------------------------------113 An act to provide assistance to the inhabitants of Cuba and arms, munitions, and military stores to the people of the island of Cuba, and for other purposes. (May 18, 1898, Public No. 103, chap. 345, 30 Stat. L., p. 419.) ------------------------------------------------------115 Joint resolution No. 11, to provide for recovering the remains of officers and men and property from the wrecked United States ship Maine, and making an appropriation therefor. (February 23, 1898, Public Resolution No. 10,80 Stat. L., p.735.)----------------------------------------15 Joint resolution No. 24, for the recognition of the independence of the people of Cuba, demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United Stat s to carry these resolutions into effect. (April 20, 1898, Public Resolution No. 21,80 Stat. L., p. 738.)-.--------------------------------------------116 Fifty-fifth Congress, third session. An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred. (March 3, 1899, Public No. 187, chap. 423. 30 Stat. L., p. 1064.) -----------------116 Fifty-sixth Congress, first session. An act relating to Cuban vessels. (February 10, 1900, Public No. 15. chap. 15, 31 Stat. L., p. 27.) --117 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and one. (May 25, 1900, Public No. 121, chap. 555, 31 Stat. L., p. 191.) .----.-----------117 Fifty-sixth Congress, second session. An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 118, chap. 803, 31 Stat. L., p.895.)------------------------------118 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 120, chap. 805, 31 Stat. L., p. 922.)-.---_ ----119 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831,31 Stat. L., p. 1010.)--------------------------------------120 XI

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XiI CONTENTS. Fifty-seventh Congress. first session. Page. An act making appropriations for the diplomatic and consular service in the Republic of Cuba. (May 16, 1902, Public No. 116, chap. 792, 32 Stat. L., pt. 1 p. 199.) -----------------------------------------------120 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and three. (June 3, 1902, Public No. 139, chap. 985, 32 Stat. L., pt. 1, p. 286.) --------------120 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (July 1, 1902, Public No. 217, chap. 1351, 32 Stat. L., pt. 1, p. 552.) ------------------------------121 Fifty-seventh Congress, second session. An act for the refund of certain tonnage taxes. (January 14, 1903, Public No. 26, chap. 187, 32 Stat. L., pt. 1, p. 770.) -------------------------121 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L., pt. 1, p. 1083.) --------------------------------------------122 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. (March 3, 1903, Public No. 157, chap. 1008, 32 Stat. L., pt. 1. p. 1147.) -----------122

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LEGISLATION APPLICABLE TO ALL THE INSULAR POSSESSIONS AND CUBA. Fifty-fifth Congress, third session. Page. An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes. (March 3, 1899, Public No. 188, chap. 424,30 Stat. L., p. 1074.) 123 Fifty-sixth Congress, first session. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and one. (April 4, 1900, Public No. 57, chap. 159, 31 Stat. L., p. 60.) .------------------124 An act to facilitate the entry of steamships engaged in the coasting trade between Porto Rico and the Territory of Hawaii and the United States. (May 31, 1900, Public No. 133, chap. 600, 31 Stat. L., p. 249.)---_ 124 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and one. (June 2, 1900, Public No. 138, chap. 613, 31 Stat. L., p. 252.)---------_ --_ 124 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785,31 Stat. L., p. 280.) ---------------------------------------------125 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6, 190J, Public No. 163, chap. 791,31 Stat. L.,p. 588.) 125 An act amending section fifty-two hundred and seventy of the Revised Statutes of the United States. (June 6, 1900, Public No. 165, chap. 793, 31 Stat. L., p. 656.) ----------------------------------------------126 An act to provide better facilities for the safe-keeping and disbursement of public moneys in the Philippine Islands and in the islands of Cuba and Porto Rico. (June 6, 1900, Public No. 169, chap. 797, 31 Stat. L., p. 658.) 128 An act to amend an act to prohibit the passage of special or local laws in the Territories, and to limit the Territorial indebtedness, and so forth. (June 6, 1900, Public No. 192, chap. 820, 31 Stat. L., p. 6883.) _ ---_ _ _ .128 Fifty-sixth Congress, second session. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 116, chap. 802, 31 Stat. L., p. 882.)--.---.---------129 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 158, 31 Stat. L., p. 1133). 129 An act to amend section fifty-one hundred and fifty-three of the Revised Statutes of the United States. (March 3, 1901, Public No. 176, chap. 871, 31 Stat. L., p.1448.) --------------------------------------------130 Fifty-seventh Congress, first session. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (February 14, 1902, Public No. 9, chap. 17, 32 Stat. L., pt. 1, p. 5.) ---------------------181 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and three. (March 22, 1902. Public No. 54, chap. 272, 32 Stat. L. pt. 1, p. 76.) -------------131 XIII

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CONTENTS. An act for the acknowledgment of deeds and other instruments in the Philippine Islands and Porto Rico affecting land situate in the District of Columbia or any Territory of the United States. (March 22, 190, Public No. 55, chap. 273, 32 Stat. L., pt. 1, p.88.)._.----------------------131 An act to facilitate the procurement of statistics of trade between the United States and its noncontiguous territory. (April 29, 1902, Public No. 86, chap. 637, 32 Stat. L., pt. 1, p. 172.) --.-----132 An act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent. (April 29, 1902, Public No. 90, chap. 641, 32 Stat. L., pt. 1, p. 176.) -. ----132 An act to amend section four thousand and seventy-six, four thousand and seventy-eight, and four thousand and seventy-five of the Revised Statutes. (June 14, 1902, Public No. 158, chap. 1088, 32 Stat. L., pt. 1, p. 386.) --. 134 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three. and for other purposes. (June 28,1902. Public No. 182, chap. 1301,32 Stat.L., pt. 1, p.419.) ------------------------------------------------134 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (June 1, 1902, Public No. 217, chap. 1351, 32 Stat. L.pt. 1, p.552.)----------------------------136 An act for the further distribution of the reports of the Supreme Court. and for other purposes. (July 1, 1902, Public No. 221.chap. 1355, 32 Stat. L., pt. 1, p. 630.) -------------------------------------------136 An act to prevent a false branding or marking of food and dairy products as to the State or Territory in which they are made or produced. (July 1, 1902, Public No. 223, chap. 1357, 3S Stat. L., pt. 1, p. 632.) --------.-138 An act for the suppression of train robbery in the Territories of the United States and elsewhere, and for other purposes. (July 1, 1902, Public No. 242, chap. 1376, 32 Stat. L., pt. 1, p. 727.)---------------------------188 Fifty-seventh Congress, second session. An act making appropriation for the diplomatic and consular service for the fiscal, year ending June thirtieth, nineteen hundred and four. (February 9, 1903, Public No. 73, chap. 530, 3Stat. L., pt. 1, p. 807.)._ 139 An act making appropriations for sundry civil expenses of the Government for th3 fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007. 32 Stat. L., pt.1. p. 1083.)------------------------------------------139 An act to regulate the immigration of aliens into the United States. (March 3, 1903, Public No. 162, chap. 1012, 32 Stat. L., pt. 1, p. 1213.) ----------141 An act to refund the amount of duties paid on merchandise brought into the United States from Porto Rico between April eleventh, eighteen hundred and ninety-nine, and May first, nineteen hundred, and also on merchandise brought into the United States from the Philippine Islands between April eleventh, eighteen hundred and ninety-nine, and March eighth, nineteen hundred and two, and for other purposes. (March'd, 1903, Public No. 166, chap. 1016, 32 Stat. L., pt. 1, p. 1224.)----------------153 XIV

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SPANISH TREATY CLAIMS COMMISSION. Fifty-sixth Congress, first session. Page. An act to carry into effect the stipulations of article seven of the treaty between the United States and Spain concluded on the tenth day of December, eighteen hundred and ninety-eight. (March 2, 1901. Public No. 115, chap. 800, 31 Stat. L., p. 877.)---------------------------155 Fifty-serenth Congress, first session. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years. and for other purposes. (February 14, 1902, Public No. 9, chap. 17, 32 Stat. L., pt. 1, p. 5.)---------------------158 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three. and for other purposes. (June 28, 1902, Public No. 182, chap. 1301, 32 Stat. L.,pt. 1, p. 419.) -----------------------------------------159 An act amending the act of March second, nineteen hundred and one, entitled "An act to carry into effect the stipulations of article seven of the treaty between the United States and Spain, concluded on the tenth day of December, eighteen hundred and ninety-eight." (June 30,1902, Public No. 214, chap. 1337, 32 Stat. L., pt. 1, p. 549.) -------------------------160 Fifty-seventh Congress, second session. An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32, Stat. L., pt. 1, p. 1031.)-------------_ _ -.-. -_ -161 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L., pt. 1, p.1083.). ......----------------------------------------161 xv

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CLAIMS OTHER THAN SPANISH TREATY CLAIMS. Fifty-fifth Congress, second session. Page. An act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain. (July 8, 1898, Public No. 208, chap. 647, 30 Stat. L., p. 780.) -----.-.--.-------------------------------------------------163 Fifty-fifth Congress, third session. An act to amend an act entitled "An act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain." approved July eighth, eighteen hundred and ninety-eight, and for other purposes. (March 3, 1899, Public No. 209, chap. 445, 30 Stat. L. p. 1356.)--.-------.---. 164 Fifty-sixth Congress, first session. An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred and one. (May 26, 1900, Public No. 123, chap. 586, 31 Stat. L., p. 205.) -------167 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thrtieth, nineteen hundred and one, and for other purposes. (June 6, 1900, Public No. 163, chap. 791, 31 Stat. L., p. 588.) --------------------------------------------167 Fifty-seventh Congress, first session. An act for the allowance of certain claims for property taken for military purposes within the United States during the war with Spain, reported by the Secretary of War in accordance with the requirements of an item contained in the sundry civil appropriation act, approve d June sixth, nineteen hundred, authorizing and directing the Secretary of War to investigate just claims against the United States for private property taken and used in the military service within the limits of the United States, and so forth. (June 28, 1902, Public No. 190, chap. 1309, 32 Stat. L., pt. 1, p. 486.) ---------------------------------------------168 xvi

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WAR REVENUES. Fifty-fifth Congress, second session. Page. An act to provide ways and means to meet war expenditures, and for other purposes. (June 13, 1898, Public No. 133, chap. 448, 30 Stat. L., p. 448.)_ 175 Fifty-fifth Congress, third session. Joint resolution No. 23, to amend section twenty-five of the act passed June thirteenth, eighteen hundred and ninety-eight, entitled "An act to provide ways and means to meet war expenditures, and for other purposes." (February 28, 1899, Public Resolution No. 22, 30 Stat. L., p. 1390.) -----205 Fifty-sixth Congress, second session. An act to amend an act entitled "An act to provide ways and means to meet war expenditures, and for other purposes." approved June thirteenth, eighteen hundred and ninety-eight, and to reduce taxation thereunder. (March 2, 1901, Public No. 121, chap. 806, 31 Stat. L., p. 938.)----------205 Fifty-seventh Congress, first session. An act to repeal war-revenue taxation, and for other purposes. (April 12, 1902, Public No. 67, chap. 500, 32 Stat. L., pt. 1, p. 96.) ----------------221 An act to provide for refunding taxes paid upon legacies and bequests for uses of a religious, charitable, or educational character, for the encouragement of art, and so forth, under the act of June thirteenth, eighteen hundred and ninety-eight, and for other purposes. (June 27, 1902, Public No. 178, chap. 1160, 32 Stat. L., pt. 1, p.406.).-----------------------225 S. Doc. 105, 58-2-II xvil

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ARMY AND NAVY. Fifty-fifth Congress, second session. Page. An act to authorize two additional regiments of artillery. (March 8, 1898, Public No. 30, chap. 53, 30 Stat. L. p. 261.) ------------------------227 An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteenhundred and ninetyeight, and for prior years, and for other purposes. (March 9, 1898, Public No. 33, chap. 56, 30 Stat. L., p. 273.)--.---------------------------227 An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes. (April 22, 1898, Public No. 67, chap. 187, 30 Stat. L., p. 361.)----------------------28 An act declaring that war exists between the United States of America and the Kingdom of Spain. (April 25, 1898, Public No. 69, chap. 189, 30 Stat. L., p. 364.) -------------------------------------------------231 An act for the better organization of the line of the Army of the United States. (April 26, 1898, Public No. 70, chap. 191, 30 Stat. L., p. 364.) .231 An act making appropriations for the naval service for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (May 4, 1898, Public No. 76, chap. 234, 30 Stat. L., p. 369.) ----. 233 An act making appropriations to supply deficiencies in the appropriations for support of the Army for the fiscal year eighteen hundred and ninetyeight, and for other purposes. (May 4, 1898, Public No. 77, chap. 235, 30 Stat. L., p. 390.) ----------------------------------------------234 An act to provide for a volunteer brigade of engineers and an additional force of ten thousand enlisted men specially accustomed to tropical climates. (May 11, 1898, Public No. 90, chap. 294, 30 Stat. L., p. 405.) -235 An act to increase the number of surgeons in the United States Army. (May 12, 1898, Publik No. 92, chap. 296, 30 Stat. L., p. 406.) ------------236 An act to organize a volunteer signal corps. (May 18, 1898, Public No. 100, chap. 342, 30 Stat. L., p. 47)-------------------------------236 An act to provide assistance to the inhabitants of Cuba, and arms, munitions, and military stores to the people of the island of Cuba, and for other purposes. (May 18, 1898, Public No. 103, chap. 345, 30 Stat. L., p. 419.) --------------------------------------------------237 An act to provide for the increased volume of work in the AdjutantGeneral's department of the Army due to the calling out of volunteers and the increase of the Regular Army. (May 18, 1898, Public No. 104, chap. 346, 80 Stat. L., p. 419.) -----------------------------------------------237 An act providing for the payment and maintenance of volunteers during the interval between their enrollment and muster into the United States service, and for other purposes. (May 26, 1898, Public No. 109, chap. 363, 30 Stat. L. p.420.)-------------------------------------------237 An act to amend sections ten and thirteen of an act entitled "An act to provide for temporarily increasing the military establishment of the United State's in time of war, and for other purposes," approved April twentysecond, eighteen hundred and ninety-eight. (May 28, 1898, Public No. 112, chap. 367,30 Stat. L., p. 421.)--------------------------------238 An Act Making appropriations to supply deficiencies in the appropriations for the payment of pensions, and for other objects, for the fiscal year eighteen hundred and ninety-eight, and for other purposes. (May 31, 1898, Public No. 113, chap. 368, 30 Stat. L., p. 422.) --------------------238 An Act To suspend certain provisions of law relating to hospital stewards in the United States Army, and for other purposes. (June 2, 1898, Public No. 116, chap. 371, 30 Stat. L., p. 428.)----------------------------239 XVIII

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CONTENTS. An Act To authorize the establishment of post-offices at military posts or camps. (June 6, 1898, Public No. 122, chap. 388, 30 Stat. L., p. 43.)---239 An Act To suspend the operation of certain provisions of law relating to the War Department, and for other purposes. (June 7, 1898,.Public No. 126, chap. 392, 3 Stat. L., p. 433.) --------------------------------240 An Act Making appropriations to supply urgent deficiencies in the appropriations for the support of the military and naval establishments for the fiscal year eighteen hundred and ninety-eight, and for other purposes. (June 8, 1898, Public No. 129, chap. 395, 30 Stat. L., p.437.)----------249 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, eighteen hundred and ninetynine. (June 13, 1898, Public No. 131, chap. 446, 30 Stat. L., p. 440.) ----243 An act for the protection of homestead settlers who enter the military or naval service of the United States in time of war. (June 16, 1898, Public No. 140, chap. 458, 30 Stat. L., p. 473.) -------------------------------243 An act to organize a hospital corps of the Navy of the United States; to define its duties and regulate its pay. (July 17,1898, Public No. 143, chap. .463, 30 Stat. L., p. 474.) -------------------------------------------244 An act to amend an act entitled "An act to promote the administration of justice in the Army," approved October first, eighteen hundred and ninety, and for other purposes. (June 18.1898, Public No. 149, chap. 469, 30 Stat. L.p.483.) ----------------------------------------------245 An act to amend section ten of an act approved April twenty-second, eighteen hundred and ninety-eight, entitled "An act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes." (June 29, 1898, Public No. 169, chap. 538, 30 Stat. L., p. 525.) -------------------------------------------------246 An act to authorize appointment of a military storekeeper in the Army. (July 1, 1898, Public No. 174, chap. 544, 30 Stat. L., p. 571.) ------------246 An act to relieve owners of mining claims who enlist in the military or naval service of the United States for duty in the war 'ith Spain from performing assessment work during such term of service. (July 2, 198, Public No. 179, chap. 563, 80 Stat. L., p. 651.)---------------------_ 247 An act relative to the Corps of Engineers of the Army. (July 5, 1898, Public No. 181, chap. 568, 30 Stat. L., p.652.)----------------------------247 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninetyeight, and for prior years, and for other purposes. (July 7, 1898, Public No. 182, chap. 571, 30 Stat. L., p. 652.) -------------------.----------248 An act to increase the efficiency of the Quartermaster's Department of the Army. (July 7, 1898, Public No. 183, chap. 572, 30 Stat. L., p. 714.) .249 An act to increase the efficiency of the Subsistence Department of the Army. (July 7, 1898, Public No. 184, chap. 573, 30 Stat. L., p. 715.)------------250 An act to protect the harbor defenses and fortifications constructed or used by the United States from malicious injury, and for other purposes. (July 7, 1898, Public No. 187, chap. 576, 30 Stat. L., p.717.) -------------250 An act to provide for a temporary increase in the Inspector-General's Department of the Army. (July 7, 1898, Public No. 191, chap. 580, 30 Stat. L., p. 720.) -------------------------------------------------251 An act to increase the force of the Ordnance Department. (July 7, 1898, Public No. 193, chap. 582, 30 Stat. L., p.720.)-------------------------251 An act directing the enlistment of cooks in the regular and volunteer armies of the United States. (July 7, 1898, Public No. 194, chap. 583, 80 Stat. L., p. 721)---------------------------------------------------------252 An act to amend the act relating to pay of volunteer officers and soldiers. (July 7, 1898, Public No. 195, chap. 584, 30 Stat. L., p. 721.)------------252 An act to increase the number of post quartermaster-sergeants in the United States Army. (July 8, 1898, Public No. 203, chap. 642, 80 Stat. L., p. 728.) 252 An act fixing pay and allowances of chaplains for volunteer regiments. (July 8, 1898, Public No. 205, chap. 644, 30 Stat. L., p. 729.) ------------253 An act making appropriations to pay session employees of the House of Representatives, and for other purposes. (July 8, 1898, Public No. 207, chap. 646,30 Stat. L., p. 730.).--------------------------------------253 XIX

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CONTENTS. Page. Joint resolution No. 11, to provide for recovering the remains of officers and men and property from the wrecked United States ship Maine, and making an appropriation therefor. (February 23,1898, Public Resolution No. 10,30 Stat. L., p. 735.) -------------------------------------253 Joint resolution No. 19, providing for the temporary admission free of duty of naval and military supplies procured abroad. (April 1, 1898, Public Resolution No. 16, 30 Stat. L., p. 737.) --------------------------253 Joint resolution No. 21, relative to suspension of part of section three hundred and fifty-five of Revised Statutes, relative to erection of forts, fortifications, and so forth. (April 11, 1898, Public Resolution No. 18, 30 Stat. L., p. 737.) ---------------------------------------------254 Joint resolution No. 24, for the recognition of the independ nce of the people of Cuba. demanding that the Government of Spain relinquish its authority and government in the island of Cuba and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the laud and naval forces of the United States to carry these resolutions into effect. (April 20, 1898, Public Resolution No. 21,30 Stat. L., p. 738.)-------------------------------254 Joint resolution No. 25, to prohibit the export of coal or other material used in war from any seaport of the United States. (April 22, 1898, Public Resolution No. 22, 30 Stat. L., p. 739.) --------------------255 Joint resolution No. 33, tendering the thanks of Congress to Commodore George Dewey, United States Navy, and to the officers and men of the squadron under his command. (May 10, 1898, Public Resolution No. 30, 30 Stat. L., p. 742.) ------------------------------------------255 Joint resolution No. 38, providing for the organization and enrollment of the United States Auxiliary Naval Force. (May 26,1898, Public Resolution No. 34,30 Stat. L., p.744.) ---------------------------------255 Joint resolution No. 39. ratifying and confirming certain temporary arpointments of officers of the Navy. (May 26, 1898, Public Resolution No. 35, 30 Stat. L., p. 745.) -------------------------------------------256 Joint resolution No. 42, authorizing the Secretary of the Navy to present a sword of honor to Commodore George Dewey, and to cause to be struck bronze medals commemorating the battle of Manila Bay, and to distribute such medals to the officers and men of the ships of the Asiatic Squadron of the United States. (June 3, 1898, Public Resolution No. 38, 30 Stat. L., p. 746.)------------------------------------------------256 Joint resolution No.48, authorizing the President in his discretion to waive the one-year suspension from promotion and to order reexamination of officers of the Army in certain cases. (June 14, 1898, Public Resolution No. 4, 30 Stat. L., p. 747.) --------------------------------------257 Joint resolution No. 57. to correct an omission relative to signal officers on the staff of corps commanders, and for other purposes. (July 8, 1898, Public resolution No. 53, 30 Stat. L., p. 752.) ------------------------57 Fifty-fifth Congress, third session. An act making appropriations to supply urgent deficiencies in the appropriations for the support of the military and naval establishments for the last six months of the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for other purposes. (January 5,1899, Public No. 10, chap. 41,30 Stat. L., p. 772.) -----------------------------------------257 An act granting extra pay to officers and enlisted men of the United States Volunteers. (January 12,1899, Public No. 14, chap. 46, 30 Stat. L., p. 784.) -258 An act for adjusting clothing account for deceased soldiers in certain cases. (February 8, 1899, Public No. 39, chap. 123, 30 Stat. L., p. 822.) --------259 An act authorizing the President to appoint additional cadets at large at the United States Naval Academy. (February 25, 1899, Public No. 69, chap. 190, 30 Stat. L.,p.890.)---------.-------------------------260 An act to permit volunteer regiments to retain their colors. (February 25, 1899, Public No. 70, chap. 191, 30 Stat. L., p. 890.) .----------260 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred. (March 1, 1899, Public No. 107, chap. 327, 80 Stat. L., p. 959.) ------------------260 XX

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CONTENTS. Page. An act for increasing the efficiency of the Army of the United States, and for other purposes. (March 2, 1899, Public No. 128, chap. 352, 30 Stat. L., p.977.)--------------------------------------------------------260 An act making an appropriation to carry out the obligations of the treaty between the United States and Spain concluded December tenth, eighteen hundred and ninety-eight. (March 2, 1899, Public No. 152, chap. 376, 30 Stat. L., p. 993.)-------------------------------------------------267 An act creating the office of the Admiral of the Navy. (March 2, 1899, Public No. 154, chap. 378, 30 Stat. L., p. 995.) -------------------------267 An act to reorganize and increase the efficiency of the personnel of the Navy and Marine Corps of the United States. (March 3, 1899, Public No. 177, chap. 413, 30 Stat. L., p. 1004.).----------------------------------267 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred, and for other purposes. (March 3, 1899, Public No. 185, chap. 421, 30 Stat. L., p. 1024.) ----------------74 An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred. (March 3. 1899, Public No. 187, chap. 423, 30 Stat. L., p. 1064.)-_ _ -275 Act act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for prior years, and for other purposes. (March 3, 1899, Public No. 191, chap. 427, 30 Stat. L., p.1214.)---------------------------------277 An act to amend an act entitled "An act to suspend the operation of certain provisions of law relating to the War Department, and for other purposes." (March 3, 1899, Public No. 200, chap. 436, 30 Stat. L., p. 1350.) -----278 Joint resolution No. 17, authorizing the Secretary of the Navy to pay certain laborers, workmen, and mechanics at United States navy-yards and naval stations fifty per centum additional for work performed in excess of eight hours per diem. (February 25, 1899, Public resolution No. 17, 30 Stat. L., p. 1389.) -.--280 Fifty-sixth Congress, first session. An act to present to the city of Nashville, State of Tennessee, the cannon on the gunboat Nashville from which was fired the first shot in the SpanishAmerican war. (February 3, 1900, Public No. 8, chap. 8,31 Stat. L., p. 5.) 280 An act authorizing payment of commutation of ration to the petty officers of the Navy who served on detached duty between March first, eighteen hundred and ninety-eight, and November fourth, eighteen hundred and ninety-nine. (February 7, 1900, Public No. 9, chap. 9, 31 Stat. L., p. 5.).281 An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (February 9, 1900, Public No. 14, chap. 14,31 Stat. L., p. 7.)--------------------------------------281 An act to amend an Act entitled "An act to amend an act to su ;pend the operation of certain provisions of law relating to the War Department, and for other purposes." (February 24, 1900, Public No. 24, (hap. 24, 31 Stat. L., p. 32.) ----------------------------------------------------282 An act making appropriations to supply additional urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (March 30, 19-0, Public No. 51, chap. 118, 31 Stat. L., p.54.).-------------------------284 An act repealing section forty-seven hundred and sixteen of the Revised Statutes so far as the same may be applicable to the claims of dependent parents of soldiers, sailors; and marines who served in the Army or Navy of the United States during the war with Spain. (April 18, 1900, Public No. 73, chap. 244, 31 Stat. L., p. 136.) --------------------------------284 An act making appropriation for the support of the Regular and Volunteer Army for the fiscal year ending June thirtieth, nineteen hundred and one. (May 26, 1900, Public No. 123, chap. 586, 31 Stat. L., p. 205.) ---------284 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and one. (June 2, 1900, Public No. 138, chap. 613, 31 Stat. L., p. 232.) -----------286 XXI

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XXII CONTENTS. Page. An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred, and for prior years, and for other purposes. (June 6, 1900, Public No. 157, chap. 785, 31 Stat. L., p. 280.)------------------------------------------------286 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 6, 1900, Public No. 163, chap. 791, 31 Stat. L., p. 588.) ----------------288 An act making appropriations for the Naval service for the fiscal year ending June thirtieth, nineteen hundred and one, and for other purposes. (June 7, 1900, Public No. 195, chap. 859, 31 Stat L., p. 684.) ------------288 An act to authorize the payment of traveling allowances to enlisted men of the regular and volunteer forces when discharged by order of the Secretary of War and stated by him as entitled to travel pay. (June 7, 1900, Public No. 196, chap. 860, 31 Stat. L., p.708.)-------------------------290 Joint resolution No. 24, recognizing the gallantry of Frank H. Newcomb, commanding the revenue cutter Hudson; of his officers and men; also retiring Capt. Daniel B. Hodgsdon, of the Revenue-Cutter Service. for efficient and meritorious services in command of the cutter Hugh McCulloch at Manila. (May 3,1900, Public Resolution No. 24, 31 Stat. L., p.716.)291 Joint resolution No. 31, for the appointment of first lieutenants of volunteers in the Signal Corps of the Army. (June 4, 1900, Public Resolution No. 31, 31 Stat. L., p. 719.)----------------------------------------292 Joint resolution No. 42, donating condemned cannon to the Commandery in Chief of the Sons of Veterans, United States of America. (June 7, 1900, Public Resolution No. 42, 31 Stat. L., p. 723.) -------------------------292 Fifty-sixth Congress, second session. An act to increase the efficiency of the permanent military establishment of the United States. (February 2, 1901, Public No. 30, chap. 192, 31 Stat. L., p. 748.) -------------------------------------------------292 An act for the payment of travel allowances, on discharge from the Volunteer Army, to certain officers and enlisted men who reentered the military service of the United States in the Philippine Islands. (February 8, 1901, Public No. 39, chap. 342, 31 Stat. L. p. 762.) ---------------------306 An act providing that entrymen under the homestead laws who have served in the United States Army, Navy, or Marine Corps during the Spanish war or the Philippine insurrection shall have certain service deducted from the time required to perfect title under homestead laws, and for other purposes. (March 1, 1901, Public No. 110, chap. 674, 31 Stat. L. p. 847.) -------------------------------------------------307 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. (March 1,1901, Public No. 113, chap. 677,31 Stat. L., p. 873.) --------------------------------------308 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and two. (March 2, 1901, Public No. 118, chap. 803, 31 Stat. L., p. 895.)---------------------------308 An act to prevent the failure of military justice, and for other purposes. (March 2, 1901, Public No. 124, chap. 809, 31 Stat. L., p. 930.) ----------311 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and one, and for prior years, and for other purposes. (March 3, 1901, Public No. 136, chap. 831, 31 Stat. L., p. 1010.) -------------------------------------313 An act to amend "An act authorizing certain officers of the Navy and Marine Corps to administer oaths," approved January twenty-fifth, eighteen hundred and ninety-five. (March 3, 1901, Public No. 139, chap. 34, 31 Stat. L., p. 1086.)-------------------------------------------315 An act for the reward of enlisted men of the Navy or Marine Corps. (March 3, 1901, Public No. 153, chap. 830, 31 Stat. L., p. 1099.)---, --316 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and two. (March 3, 1901, Public No. 156, chap. 831, 31 Stat. L., p. 1099.)-_-------316

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CONTENTS. Page. An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1901, Public No. 157, chap. 852, 31 Stat. L., p. 1107.)----_ ---316 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and two, and for other purposes. (March 3, 1001, Public No. 158, chap. 8.33, 31 Stat. L., p. 1133.) --------------------------319 Joint resolution No. 18, authorizing the Secretary of the Navy to cause bronze medals to be struck and distributed to certain officers and men who participated in the war with Spain, and for other purposes. (March 3, 1901, Public Resolution No. 17, 31 Stat. L., p. 1465.) -----------------320 Fifty-seventh Congress, first session. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (February 14, 1902, Public No. 9, chap. 17, 33 Stat. L., pt. 1, p. 5.) ------------------------320 An act to allow the commutation of and second homestead entries incertain cases. (May 22, 1902, Public No. 122, chap. 821, 31 Stat. L., pt. 1, p. 203.) ---------------------------------------------------------321 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (June 28, 1902, Public No. 182, chap. 1301, 32 Stat. L., pt. 1, p. 419.) --------------------------------------------------22 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and three. (June 30, 1902, Public No. 205, chap. 1328, 32 Stat. L., pt. 1, p.507.)-------------------323 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and two, and for prior years, and for other purposes. (July 1, 1902, Public No. 217, chap. 1851, 32 Stat. L., pt. 1, p.552 )---------------8 325 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. (July 1, 1902, Public No. 234, chap. 1368, 32 Stat. L., pt. 1, p. 062.) -----327 Fifty-seventh Congress, second session. An act authorizing the Secretary of the Navy to return to Harvard University certain colors, silver cup, and Nordenfeldt gun. (January 13, 1903, Public No. 23, chap. 133, 32 Stat. L., pt. 1, p. 770.) ---------------330 An act to increase the efficiency of the Army. (February 14, 1903, Public No. 88, chap. 553, 32 Stat. L., pt. 1, p. 830.) ---------------------------330 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and four. (March 2, 1903, Public No. 132, chap. 975, 32 Stat. L., pt. 1, p. 927.) -----------------------332 An act to authorize the settlement of the accounts of officers of the Army. (March 2, 1903, Public No. 140, chap. 990. 32 Stat. L., pt. 1, p. 955.) -----334 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. (March 3, 1903, Public No. 156, chap. 1006, 32 Stat. L., pt. 1, p. 1031.)--------------------------------335 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 157, chap. 1007, 32 Stat. L., pt. 1,p.1083.)------------------------------------------------337 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. (March 3, 1903, Public No. 100, chap. 1010, 32 Stat. L., pt. 1, p. 1177.) .338 Joint resolution No. 2, relating to military badges. (January 12, 1903, Public Resolution No. 2, 32 Stat L., pt. 1, p. 1229.)---------------------341 XXIII

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TREATIES AND CONVENTIONS. Page. Protocol of agreement between the United States and Spain, embodying the terms of a basis for the establishment of peace between the two countries. Signed at Washington August 12, 1898. (30 Stat. L., p. 1742.) 343 Treaty of peace between the United States of America and the Kingdom of Spain. Signed at Paris December 10, 1898; ratification advised by the Senate February 6, 1899; ratified by the President February 6, 1899; ratified by Her Majesty the Queen Regent of Spain March 19, 1899; ratifications exchanged at Washington April 11, 1899; proclaimed, Washington, April11, 1899. (30Stat.L.,p.1754.)----------------------------345 Convention between the United States of America, Germany, and Great Britain relating to the settlement of certain claims in Samoa by arbitration. Signed at Washington November 7, 1899: ratified by the Emperor February 18, 1900; ratification advised by the Senate February 21, 1900; ratified by the Queen February 22, 1900; ratified by the President March 5, 1900; ratifications exchanged March 7, 1900; proclaimed March 8, 1900. (31 Stat. L., p. 1875.) -----------------------------------------357 Convention between the United States, Germany, and Great Britain to adjust amicably the questions between the three Governments in respect to the Samoan group of islands. Signed December 2, 1899; ratification advised by the Senate January 16, 1900; ratified by the President February 13, 1900; ratifications exchanged February 16, 1900; proclaimed February 16,1900. (31 Stat. L.,p. 1878.)--------------------------361 Protocol of agreement extending, as to the Philippine Islands, for six months from April 11, 1900, the period fixed in Article IX of the treaty of peace between the United States and Spain, signed at Paris December 10, 1898, during. which Spanish subjects, natives of the Peninsula, may declare their intention to retain their Spanish nationality. Signed at Washington March 29, 1900; advice and consent of the Senate April 27, 1900; proclaimed April 28, 1900. (31 Stat. L., p. 1881.) ----------------------364 Treaty between the United States and Spain for the cession to the United States of any and all islands of the Philippine Archipelago lying outside of the lines described in Article III of the treaty of peace of December 10, 1898. Signed at Washington November 7, 1900; ratification advised by the Senate January 22, 1901; ratified by the President January 30, 1901; -ratified by Spain February 25, 1901; ratifications exchanged at Washington March 23, 1901; proclaimed March 23, 1901. (31 Stat. L., p. 1942.) 8-366 Commercial convention between the United States and Cuba. Signed at Havana December 11, 1902; ratifications with amendments advised by the Senate March 19, 1903; ratified by the President March 30, 1903; ratified by Cuba March 30, 1903; ratifications exchanged at Washington March 31, 1903; proclaimed December 17, 1903. (Stat. L., p.) ----------------369 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. Signed at Habana July 2, 1903; approved by the President October 2, 1903; ratified by the President of Cuba August 17, 1903; ratifications exchanged at Washington October 6, 1903. (Stat. L., p.)--.-----380 XXIV

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PROCLAMATIONS BY THE PRESIDENT OF THE UNITED STATES. Page. Institution of blockade proclaimed in Cuba. (No. 6. April 22, 1898, 30 Stat. L., p. 1769)----------------------------------------------------384 Calling for 125,000 volunteers for war with Spain. (No. 7, April 23, 1898, 30 Stat. L.,p. 1770.)------------------------------------------385 Declaring principles relative to maritime law, neutral flag, neutral goods, blockades, etc. in war with Spain. (No. 8. April 26, 1898. 30 Stat. L., p. 1770.)----------------------------------------------------------36 Calling for 75,000 volunteers, second call. (No. 10. May 25, 1898, 30 Stat. L., p. 1772 )3---------------------------------387 Extension of blockade in Cuba and Porto Rico. (No. 13, June 27, 1898, 30 Stat. L., p. 1776.) -------------------------------------------------388 Suspension of hostilities, War with Spain. (No. 17, August 12, 1898, 30 Stat. L., p. 1780.) ------------------388 November 24, 1898, set apart as a day of national thanksgiving. (No. 21, October 28, 1898, 30 Stat. L., p. 1786.) ---------------------------------389 Reservation of land for naval purposes, Honolulu, H. I. (No. 22, November2, 1898, 30 Stat. L., p.1780.) --------------------390 Reservation of land for naval purposes in Porto Rico. (No. 1, March 29, 1899, 31 Stat. L., p. 1947.) ----------------------------------------391 November 30, 1899, set apart as a day of national thanksgiving. (No. 7, October 25, 1899, 31 Stat. L., p. 1958.) --------------------------------392 Reservation of land for naval purposes in Hawaiian Islands. (No. 8, November 10, 1899, 31 Stat. L., p. 1959.) ---------------------------393 Declaring organization of civil government in Porto Rico, cessation of tariff, establishment of local taxation. (No. 8, July 25, 1901, 32 Stat. L., pt. 2, p. 1983.) --------------------------------------------------------396 Suspension of discriminating tonnage, etc., duties on Cuban vessels and merchandise. (No. 28, July 3, 1902, 32 Stat. L., pt. 2, p. 2013.) ----------397 Granting Amnesty to insurrectionists in the Philippine Islands. (No. 29, July 4, 1902, 32 Stat. L., pt. 2, p. 2014.) -------------------------------398 Setting apart land for public forest reserve in Porto Rico. (No. 41, January 17, 1903, 32 Stat. L., pt. 2, p. 2029.) ----------------------------400 S. Doc. 105, 58-2-I xxv

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ACTS OF CONGRESS, TREATIES AND PROCLAMATIONS RELATING TO INSULAR AND MILITARY AFFAIRS. PHILIPPINES. Fifth U-fifth C (on/frests, third session. [No. 25.] Joint Resolution Providing for the printing of the March 1,1899. Report on the Financial and Industrial Conditions of the Philippine [Pub. Res. No. Islands, by Edward WN. Harden, special commissioner of the United 24.] States. '3 Stats. L., p. 1391. Resolved by the Senate and Horse of Representatives of the United States of America in Congress assembled, That Printing authorized o e there be printed nine thousand copies of the Report on port on Fianthe Financial and Industrial Conditions of the Philippine ial ConditionsIslands, by Edward W. Harden, special commissioner of of the Philipthe United States; -three thousand copies for the use of pine Islands. the Senate, five thousand copies for the use of the House of Representatives, and one thousand copies for the use of the Treasury Department. CHAP. 427.-An Act Making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, eighteen hundred and ninety-nine, and for prior years, and for other purposes. March 3, 1899. [Public,No191.] 30 Stats. L., p. 1214. wAR DEPARTMENT. "K 4. QUARTERMASTER'S DEPARTMENT: * For transportation of the Army and its supplies, namely: * including not exceeding one million five hundred thousand dollars for transportation of Spanish prisoners held by the United States and by the insurgents in the Philippine Islands, from those islands to Spain, as provided by the Treaty of Paris; * * * Transportation. FB'iftUi-six/h Conq ress, first session. CHAP. 14.-An Act Making appropriations to supply urgent February9, 1900. deficiencies in the appropriations for the fiscal year ending June [Public, No.14.] thirtieth, nineteen hundred, and for prior years, and for other 3t Stats. L., p. Purposes. * * M S. Doc. 105, 58-21

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2 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. QUARTERMASTER'S DEPARTMENT. * * TRANSPORTATION OF THE ARMY AND ITS SUPPLIES: * including not exceeding seven hundred and fifty thousand dollars for transportation of Spanish prisoners held by the United States and by the insurgents in the Philippine Islands from those islands to Spain, as provided by the Treaty of Paris; * * * ** Fifty-sixth Congress, second session. March 2,1901. CHAP. 803.-An Act Making appropriation for the support of [PublicNo.1l8.] the Army for the fiscal year ending June thirtieth, nineteen hun31 Stats. L., p. dred and two. 895. ** ** Philippine IsAll military, civil, and judicial powers necessary to gorlands. President auern the Philippine Islands, acquired from Spain by the thorized to es-treaties concluded at Paris on the tenth day of December, tablish temporary civil goveighteen hundred and ninety-eight, and at Washington on ernmentm. the seventh day of November, nineteen hundred, shall, until otherwise provided by Congress, be vested in such person and persons and shall be exercised in such manner as the President of the United States shall direct, for the establishment of civil government and for maintaining and protecting the inhabitants of said islands in the free Ponfis.es to enjoyment of their liberty, property, and religion: Procontainreservavided, That all franchises granted under the authority on od. right to hereof shall contain a reservation of the right to alter, amend, or repeal the same. Reports to be Until a permanent government shall have been estabmade to Congress, etc. listed in said archipelago full reports shall be made to Congress on or before the first day of each regular session of all legislative acts and proceedings of the temporary government instituted under the provisions hereof; and full reports of the acts and doings of said government, and as to the condition of the archipelago and of its people, shall be made to the President, including all infornation which may be useful to the Congress in providing for Proviso. a more permanent government: Provided, That no sale or pu isale c.,of lease or other disposition of the public lands or the timber thereon or the mining rights therein shall be made: And Restrictions provided further, That no franchise shall be granted franchises. which is not approved by the President of the United States, and is not in his judgment clearly necessary for the immediate government of the islands and indispensable for the interest of the people thereof, and which can not, without great public mischief, be postponed until the establishment of permanent civil government; and all such franchises shall terminate one year after the establishment of such permanent civil government. Repeal. All laws or parts of laws inconsistent with the provisions of this Act are hereby repealed.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty-seventh Congress, first session. CHAP. 140.-An Act Temporarily to provide revenue for the March 8, 1902. Philippine Islands, and for other purposes. [Public, No. 28.] 3V Stats. L., pt. Be it enacted by the Senate and House of Representatives ofthe United States ofAmericain Congress assenibled, That. the provisions of an Act entitled "An Act to revise and. amend the tariff laws of the Philippine Archipelago," en-: acted by the United States Philippine Commission on the: seventeenth day of September, nineteen hundred and one, shall be and remain in full force and effect, and there shall be levied, collected, and paid upon all articles coming into the Philippine Archipelago from the United States the rates of duty which are required by the said Act to be levied, collected, and paid upon like articles imported from foreign countries into said archipelago. SEC. 2. That on and after the passage of this Act there shall be levied, collected, and paid upon all articles coming into the United States from the Philippine Archipelago the rates of duty which are required to be levied, collected, and paid upon like articles imported from foreign countries: Provided, That upon all articles the growth and product of the Philippine Archipelago coining into the United States from the Philippine Archipelago there shall be levied, collected, and paid only seventy-five per centum of the rates of duty aforesaid : And prorided further, That the rates of duty which are required hereby to be levied, collected, and paid upon products of the Philippine Archipelago coming into the United States shall be less any duty or taxes levied, collected, and paid thereon upon the shipment thereof from the Philippine Archipelago, as provided by the Act of the United States Philippine Commission referred to in section one of this Act, under such rules and regulations as the Secretary of the Treasury may prescribe, but all articles, the growth and product of the Philippine Islands, admitted into the ports of the United States free of duty under the provisions of this Act and coming directly from said islands to the United States for use and consumption therein, shall be hereafter exempt from any export duties imposed in the Philippine Islands. SEC. 3. That on and after the passage of this Act tih same tonnage taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippine Archipelago which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countries: Provided, however, That until July first, nineteen hundred and four, the provisions of law restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States, or between ports in the Philippine Islands. Tariff laws of Philippine Commission confirmed. Articles from Philippines to pay regular customs duties. Prortsos. Reduction on Philippine products. Duty tobe less taxes levied on exports. Articles on free list exempt from Philippine export duties. Tonnage tax on foreign vessels. Provisos. Teo i .or ary permit to foreign vessels. 3

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4 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Licenses to Philippine Archipelago: aAnd proviled futheirt, Tiut the harbor vessels. Philippine Commission shall be authorized and enpow ered a The above was amended April 15, 1904, as follows: AN ACT To regulate shipping in trade between ports of the United States and ports or places in the Philippine Archipelago, between ports or places in the Philippine Archipelago, and for other purposes. Be it enacted by the Senate and House of Representatires of the United States of America in Congress assembled. That on and after July first, nineteen hundred and six, no merchandise except supplies for the Army or Navy shall be transported by sea, under penalty of forfeiture thereof, between ports of the United States and ports or places in the Philippine Archipelago, directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any foreign vessel between any port of the United States and any port or place in the Philippine Archipelago: Provided, That no merchandise other than that imported in such vessel from some foreign port which has been specified on the manifest as for another port, and which shall not have been unloaded, shall be carried between a port of the United States and a port or place in the Philippine Archipelago. SEc. 2. That on and after July first, nineteen hundred and six, no foreign vessel shall transport passengers between ports of the United States and ports or places in the Philippine Archipelago, either directly or by way of a foreign port. under a penalty of two hundred dollars for each passenger so transported and landed. SEC. 3. That sections one and two of this Act shall not apply to the transportation of merchandise or passengers between ports or places in the Philippine Archipelago. Until Congress shall have authorized the registry as vessels of the United States of ves>els owned in the Philippine Archipelago the government of the Philippine Islands is hereby authorized to adopt, from time to time, and enforce regulations governing the transportation of merchandise and passengers between ports or places in the Philippine Archipelago. SEC. 4. That sections one and two of this Act shall not apply to tke voyage of a vessel between a port of the United States and a port or place in the Philippine Archipelago begun before July first, nineteen hundred and six. SEC. 5. That sections one and two of this Act shall not apply to vessels owned by the United States. SEc. 6. That on and after the passage of this Act the same tonnage taxes shall be levied, collected, and paid upon all foreign vessels coming into the United States from the Philippine Archipelago which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countiess: Provided, however, That until July first, nineteen hundred and six, the provisions of law restricting to vessels of the United t jtes the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States: Awd )rovided further. That the Philippine Commission shall be authorized and empowered to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the date of the passage of this Act, and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhabitants of the Philippine Islands. SEC. 7. That this Act shall not be construed to impair or affect any privilege guaranteed to Spanish ships and merchandise by the treaty of peace between the United States and Spain signed at the city of Paris on December tenth, eighteen hundred and ninety-eight, and ratified April eleventh, eighteen hundred and ninety-nine. SEC. 8. That the Secretary of Commerce and Labor shall, from time to time. issue regulations for the enforcement of this Act, except as otherwise provided in section three: Provided, That such

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the date of the passage of this Act, and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhabitants of the Philippine Islands. SEC. 4. That the duties and taxes collected in the PhilDuties,etc.,to ippine Archipelago in pursuance of this Act, and all arate se i duties and taxes collected in the United States upon artiTreasury for benefit of Philcles coming from the Philippine Archipelago and upon ippine Islands. foreign vessels coming therefrom, 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. SEC. 5. That when duties prescribed by this Act are Duties to be based on weight based upon the weight of merchandise deposited in any attimeofentry. 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. 6. That all articles manufactured in bonded manArticles ex..empt from inufacturing warehouses in whole or in part of imported maternalrevenue terials, or of materials subject to internal-revenue tax and tax, etc. intended for shipment from the United States to the Philippine Islands, shall, when so shipped, under such regulations as the Secretary of the Treasury may prescribe, be exempt from internal-revenue tax, and shall not be charged with duty except the duty levied under this Act upon imports into the Philippine Islands.,, of the navigation laws of the United States as are in force in the Philippine Archipelago in regard to vessels arriving in the Philippine Islands from the mainland territory and other insular poss ssions of the United States shall continue to be administered by the proper officials of the government of the Philippine Islands. Approved, April 15. 1904. The following additional legislation was enacted April 2, 1904: [PUBLIC-No. 258.] AN ACT To relieve obligors on bonds given to the United States upon the exportation to the Philippine Islands prior to November twentieth, nineteen hundred and one, of articles subject to internal-revenue tax. Be it enacted by the Senate and House of Representatives f the United Stats of Ainerica in Congress assenbled, That all bonds given to the United States prior to November twntieth. nineteen hundred and one, upon the transportation and shipment to the Philippine Islands of articles subject under existing statutes to the payment of internal-revenue tax, which are in form giv n for the proper exportation of the article therein described to a foreign country free of internal-revenue tax, or with benefit of drawback, as the case may be, shall be treated in all respects as if given for and upon a shipment to a foreign country, and shall be canceled upon presentation of evidence of the shipment to a port of the Philippine Islands, or of landing at such port, as the case may be, the same as if such port were na port of a foreign country. The obligors upon any of such bonds shall have such reasonable time from and after the passage of this Act as may be prescribed by the Secretary of the Treasury within which to present the evidence required by existing statutes for the cancellation of such bonds. Approved, April 28, 1904. 5

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Drawbacks, That all articles subject under the laws of the United etr. States to internal-revenue tax, or on which the internalrevenue tax has been paid, and which may under existing laws and regulations be exported to a forein country without the payment of such tax, or with benefit of drawback, as the case may be, may also be shipped to the Philippine Islands with like privilege, under such regulations and the filing of such bonds, bills of lading, and other security as the Commissioner of Internal Revenue may, with the Taxes refundapproval of the Secretary of the Treasury, prescribe. And ed. all taxes paid upon such articles shipped to the Philippine Islands since November fifteenth, nineteen hundred and one, under the decision of the Secretary of the Treasury of that date, shall be refunded to the parties who have paid the same, under such rules and regulations as the Secretary of the Treasury may prescribe, and a sum suffiAppropriacient to make such payment is hereby appropriated, out tion. of any money in the Treasury not otherwise appropriated. Drawback for That where materials on which duties have been paid materials. are used in the manufacture of articles manufactured or produced in the United States, there shall be allowed on the shipment of said articles to the Philippine Archipelago a drawback equal in amount to the duties paid on the materials used, less one per centum of such duties, under such rules and regulations as the Secretary of the Treasury may prescribe. Reexportation SEC. 7. That merchandise in bonded warehouse or otheronthe Philip-se in the custody and control of the officers of the customs, upon which duties have been paid, shall be entitled, on shipment to the Philippine Islands within three years from the date of the original arrival, to a return of the duties paid less one per centum, and merchandise upon which duties have not been paid may be shipped without the payment of duties to the Philippine Islands within said period, under such rules and regulations as may be prescribed by the Secretary of the Treasury. Customs adSEC. 8. That the provisions of the Act entitled "An Act ministration and tariff laws to simplify the laws in relation to the collection of reveapplicabe. 131 nues," approved June tenth, eighteen hundred and ninety, Vol. 30,p.151. as amended by an Act entitled "An Act to provide for the Government and to encourage the industries of the United Statesapproved July twentyfourth, eighteen hundred and ninety-seven, shall apply to all articles coming into the United States from the Philippine Archipelago. Ereaon.eSEC. 9. That no person in the Philippine Islands shall, essary to conunder the authority of the United States, be convicted of victaccused. treason by any tribunal, civil or military, unless on the testimony of two witnesses to the same overt act, or on confession in open court. July 1, 1902. CHAP. 1369.-An Act Temporarily to provide for the adminis[Public,No.2] tration of the affairs of civil government in the Philippine Islands, aStats.L.,pt. and for other purposes. 'Pippine IsBe it enacted by the Senate and House of Representatives lands. of/lie United States of America in Congress assembled, That 6

PAGE 33

LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 7 the action of the President of the United States in creatinoTemporary b emvl governthe Philippine Commission and authorizing said Commisment estabsion to exercise the powers of government to the extent ti d in, ratiand in the mannerand form and subject to the regulation and control set forth in the instructions of the President to the Philippine Commission, dated April seventh, nineteen hundred, and in creating the offices of civil governor and vice-governor of the Philippine Islands, and authorizing said civil governor and vice-governor to exercise the powers of government to the extent and in the manner and form set forth in the Executive order dated June twentyfirst, nineteen hundred and one, and in establishing four executive departments of government in said Islands as set forth in the Act of the Philippine Commission, entitled "An Act providing an organization for the departments of the interior, of commerce and police, of finance and justice, and of public instruction," enacted September sixth, nineteen hundred and one, is hereby approved, ratified, and confirmed, and until otherwise provided by law the said islands shall continue to be governed as thereby and herein provided, and all laws passed hereafter by the Philippine Commission shall have an enacting clause as follows: "Byauthorityof the United States be it enacted by constitution ...and laws of the the Philippind Commission." The provisions of section United States eighteen hundred and ninety-one of the Revised Statutes not atplicable. of eighteen hundred and seventy-eight shall not apply to p.333. the Philippine Islands. Future appointments of civil governor, vice-governor, Future cin y ~appoi utmetnts members of said Commission and heads of executive dein. partments shall be made by the President, by and with the advice and consent of the Senate. SEc. 2. That the action of the President of the United Tariff duties States heretofore taken by virtue of the authority vested and taxes. in him as Commander in Chief of the Army and Navy, as set forth in his order of July twelfth, eighteen hundred and ninety-eight, whereby a tariff of duties and taxes as set forth by said order was to be levied and collected at all ports and places in the Philippine Islands upon passing into the occupation and possession of the forces of the United States, together with the subsequent amendments of said order, are hereby approved, ratified, and confirmed, and the actions of the authorities of the government of the Philippine Islands, taken in accordance with the provisions of said order and subsequent amendments, are hereby approved: Provided, That nothing contained in Proviso. this section shall be held to amend or repeal an Act enn afenut d.aw titled "An Act temporarily to provide revenue for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two. SEC. 3. That the President of the United States, during Commerecia intercourse dur. such time as and-whenever the sovereignty and authority ing hostilities. of the United States encounter armed resistance in the Philippine Islands, until otherwise provided by Congress, shall continue to regulate and control commercial intercourse with and within said Islands by such general rules and regulations as he, in his discretion, may deem most conducive to the public interests and the general welfare.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Phili ppine SEc. 4. That all inhabitants of the Philippine Islands r icitizenslip. continuing to reside therein who were Spanish subjects on the eleventh day of April, eighteen hundred and ninetynine, and then resided in said Islands, and their children born subsequent thereto, shall be deemed anid held to be citizens of the Philippine Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain in accordance with the provisions of the treaty of peace between the United States and Spain signed at Paris December tenth, eighteen hundred and ninety-eight. riDearationof SEC. 5. That no law shall'be enacted in said islands Protection to which shall deprive any person of life, liberty, or property life,'"'err et without due process of law, or deny to any person therein the equal protection of the laws. Criminal proThat in all criminal prosecutions the accused shall enjoy ecuntions. the right to be heard by himself and counsel, to demand the nature and causeof the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to compel the attendance of witnesses in his behalf. Trial. That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. Bail, exception. That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses. Contracts. That no law impairing the obligation of contracts shall be enacted. Imprisonment That no person shall be imprisoned for debt. for debt. writs of baThat the privilege of the writ of habeas corpus shall not beascorpus. be suspended, unless when in cases of rebellion, insurrection, or invasion the public safety may require it, in either of which events the same may be suspended by the President, or by the governor, with the approval of the Philippine Commission, wherever during such period the necessity for such suspension shall exist. Ex post facto That no ex post facto law or bill of attainder shall be laws, etc. enacted. Title of noiIThat no law granting a title of nobility shall be enacted, ity, etc. and no person holding any office of profit or trust in said islands, shall, without the consent of the Congress of the United States, accept any present, emolument, office, or title of any kind whatever from any king, queen, prince, or foreign State. ,uxcessnvelail, That excessive bail shall not be required, nor excessive etc. fines imposed, nor cruel and unusual punishment inflicted. seizures, etc. That the right to be secure against unreasonable searches and seizures shall not be violated. slaver-. That neither slavery, nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist in said islands. Freedom of That no law shall be passed abridging the freedom of sp'eech i''speech or of the press, or the right of the people peaceably to assemble and petition the Government for redress of grievances. 8

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. That no law shall be made respecting an establishment P e ii gi ous of religion or prohibiting the free exercise thereof, and freedom. that the free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. That no money shall be paid out-of the treasury except Appropriain pursuance of an appropriation by law. tons. That the rule of taxation in said islands shall be uniTaxation. form. That no private or local bill which may be enacted into Private bils. law shall embrace more than one subject, and that subject shall be expressed in the title of the bill. That no warrant shall issue but upon probable cause, Search warsupported by oath or affirmation, and particularly describrants. ing the place to be searched and the person or things to be seized. That all money collected on any tax levied or assessed Special taxes. for a special purpose shall be treated as a special fund in the treasury and paid out for such purpose only. SEC. 6. That whenever the existing insurrection in the Census to be Philippine Islands shall have ceased and a condition of taken. general and complete peace shall have been established therein and the fact shall be certified to the President by the Philippine Commission, the President, upon being satisfied thereof, shall order a census of the Philippine Islands to be taken by said Philippine Commission; such census in its inquiries relating to the population shall take and make so far as practicable full report for all the inhabitants, of name, age, sex, race, or tribe, whether native or foreign born, literacy in Spanish, native dialect or language, or in English, school attendance, ownership of homes, industrialand social statistics, and such other information separately for each island, each province, and municipality, or other civil division, as the President and said Commission may deem necessary: Provided, Proviso. Aid of Census That the President may, upon the request of said ComPureau. mission, in his discretion, employ the service of the Census Bureau in compiling and promulgating the statistical information above provided for, and may commit to such Bureau any part or portion of such labor as to him may Seem Wise. SEc. 7. That two years after the completion and pubGeneral elcelication of the census, in case such condition of general tion, etc. and complete peace with recognition of the authority of the United States shall have continued in the territory of said Islands not inhabited by Morosor other non-Christian M oros and tribes and such facts shall have been certified to the non-Cheistian President by the Philippine Commission, the President upon being satisfied thereof shall direct said Commission to call, and the Commission shall call, a general election for the choice of delegates to a popular assembly of the people of said territory in the Philippine Islands, which shall be known as the Philippine assembly. After said Legislativeasassembly shall have convened and organized, all the legisish d establative power heretofore conferred on the Philippine Commission in all that part of said Islands not inhabited by 9

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Proviso Minimum resentati Electio triets. Public Qualific of elector Terms flice. Eligibil Annual sons. Proviso First Provision government penses. Specia sions. Pow er duties. Moros or other non-Christian tribes shall be vested in a legislature consisting of two houses-The Philippine Commission and the Philippine assembly. Said assembly shall consist of not less than fifty nor more than one hundred members to be apportioned by said Commission among the provinces as nearly as practicable according to 8. population: Provided, That no province shall have less om.repthan one member: And provided further, That provinces n disentitled by population to more than one member may be divided into such convenient districts as the said Commission may deem best. notice. Public notice of such division shall be given at least ninety days prior to such election, and the election shall be held under rules and regulations to be prescribed by ation law. The qualification of electors in such election shall S be the same as is now provided by law in case of electors of ofin municipal elections. The members of assembly shall hold office for two years from the first day of January next following their election, and their successors shall be chosen by the people every second year thereafter. ity. No person shall be eligible to such election who is not a qualified elector of the election district in which he may be chosen, owing allegiance to the United States, and twenty-five years of age. l sesThe legislature shall hold annual sessions, commencing on the first Monday of February in each year and continuing not.exceeding ninety days thereafter (Sundays and etin. holidays not included): Provided, That the first meeting of the legislature shall be held upon the call of the governor within ninety days after the first election: And n for provided further, That if at the termination of any session nt cthe appropriations necessary for the support of government shall not have been made, an amount equal to the sums appropriated in the last appropriation bills for such purposes 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. 1 sesThe legislature may be called in special session at any time by the civil governor for general legislation, or for action on such specific subjects as he may designate. No special session shall continue longer than thirty days, exclusive of Sundays. s and The assembly shall be the judge of the elections, returns, and qualifications of its members. A majority shall constitute a quorum to do business, but a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members. It shall choose its speaker and other officers, and the salaries of its members and officers shall be fixed by law. It may determine the rule of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. It shall keep a journal of its proceedings, which shall be published, and the yeas and nays of the members on any question shall, on the demand of onefifth of those present, be entered on the journal. 10 f

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 8. That at the same time with the first meeting of Resident co the Philippine legislature, and biennally thereafter, there t h e Un i ted shall be chosen by said legislature, each house voting sepstates. arately, two resident commissioners to the United States, who shall be entitled to an official recognition as such by all departments upon presentation to the President of a certificate of election by the civil governor of said islands, Salaries. and each of whom shall be entitled to a salary payable monthly by the United States at the rate of five thousand dollars per annum, and two thousand dollars additional to cover all expenses: Provided, That no person shall be ETi&ity. eligible to such election who is not a qualified elector of said islands, owing allegiance to the United States, and who is ipt thirty years of age. SEC. 9. That the Supreme Court and the courts of first co nre m e instance of the Philippine Islands shall possess and exerJurisdiction. cise jurisdiction as heretofore provided and such additional jurisdiction as shall hereafter be prescribed by the government of said Islands, subject to the power of said Government to change the practice and method of procedure. The municipal courts of said Islands shall poscounicpal sess and exercise jurisdiction as heretofore provided by the Philippine Commission, subject in all matters to such alteration and amendment as may be hereafter enacted by law; and the chief justice and associate justices of ofAintment the supreme court shall hereafter be appointed by the President, by and with the advice and consent of the Senate, and shall receive the compensation heretofore prescribed by the Commission until otherwise provided by Congress. The judges of the court of first instance shall be appointed by the civil governor, by and with the advice and consent of the Philippine Commission: Provided, Proit That the admiralty jurisdiction of the supreme court and risdiction. courts of first instance shall not be changed except by Act of Congress. SEC. 10. That the Supreme Court of the United States ton S t.,t shall have jurisdiction to review, revise, reverse, modify, supreme court. or affirm the final judgments and decrees of the supreme court of the Philippine Islands in all actions, cases, causes, and proceedings now pending therein or hereafter determined thereby in which the Constitution or any statute, treaty, title, right, or privilege of the United 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 tR enty-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, modifled, or affirmed by said Supreme Court of the United States on appeal or writ of error by the party aggrieved, in the same manner, under the same regulations, and by, the same procedure, as far as applicable, as the finaljudgments and decrees of the circuit courts of the United States. SEC. 11. That the government of the Philippine Islands Impro v eIs hereby authorized to provide for the needs of commerce anden harb orers 11

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Protection to by improving the harbors and navigable waters of said navigation, etc. islands and to construct and maintain in said navigable waters and upon the shore adjacent thereto bonded warehouses, wharves, piers, light-houses, signal and life-saving stations, buoys, and like instruments of commerce, and to adopt and enforce regulations in regard thereto, including bonded warehouses wherein articles not intended to be imported into said islands nor mingled with the property therein, but brought into a port of said islands for reshipment to another country, may be deposited in bond and reshipped to another country without the payment of customs duties or charges. Transfer of SEC. 12. That all the property and rights which may property, etc., have been acquired in the Philippine Islands by the United to Philippine government. States under the treaty of peace with Spain, signed December tenth, eighteen hundred and ninety-eight, except such other taesealand or other property as shall be designated by the Presitionsexcepted. dent of the United States for military and other reservations of the Government of the United States, are hereby placed under the control of the government of said islands to be administered for the benefit of the inhabitants thereof, except as provided in this Act. Public lands. SEC. 13. That the government of the Philippine Islands, subject to the provisions of this Act and except as herein provided, shall classify according to its agricultural charDisposal of. acter and productiveness, and shall immediately make rules and regulations for the lease, sale, or other disposition of the public lands other than timber or mineral Exce tion. lands, but such rules and regulations shall not go into Regu ations. effect or have the force of law until they have received the approval of the President and when approved by the President they shall be submitted by him to Congress at the beginning of the next ensuing session thereof and unless disapproved or amended by Congress at said session they shall at the close of such period have the force Proviso. and effect of law in the Philippine Islands: Provided, Homesteads. That a single homestead entry shall not exceed sixteen hectares in extent. Perecting tiSEC. 14. That the government of the Philippine Islands ties by present is hereby authorized and empowered to enact rules and owners. regulationsandto prescribe terms and conditions to enable persons tolperfect their title to public landsin said Islands, who, prior to the transfer of sovereignty from Spain to the United States, had fulfilled all or some of the conditions required by the Spanish laws and royal decrees of the Kingdom of Spain for the acquisition of legal title thereto Issuance of yet failed to secure conveyance of title; and the Philippatent" pine Commission is authorized to issue patents, without compensation, to any native of said Islands, conveying title to any tract of land not more than sixteen hectares in extent, which were public lands and had been actually occupied by such native or his ancestors prior to and on the thirteenth of August, eighteen hundred and ninetyeight. LimiL of sales SEC. 15. That the government of the Philippine Islands to settlers is hereby authorized and empowered, on such terms as it 12

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. may perscribe, by general legislation, to provide for the granting or sale and conveyance to actual occupants and settlers and other citizens of said islands such parts and portions of the public domain, other than timber and mineral lands, of the United States in said islands as it may deem wise, not exceeding sixteen hectares to any one person and for the sale and conveyance of not more than one thousand and twenty-four hectares to any corporation or association of persons: Provided, That the grant or sale ror so: of such lands, whether the purchase price be paid at once inprcuemne or in partial payments, shall be conditioned upon actual ete. and continued occupancy, improvement, and cultivation of the premises sold for a period of not less than five years, during which time the purchaser or grantee can not alienate or encumber said land or the title thereto; but such restriction shall not apply to transfers of rights and title of inheritance under the laws for the distribution of the estates of decedents. SEC. 16. That in granting or selling any part of the pubPreference to -actual occullie domain under the provisions of the last preceding sec-Can1ts. tion, preference in all cases shall be given to actual occupants and settlers; and such public lands of the United Natives. States in the actual possession or occupancy of any native of the Philippine Islands shall not be sold by said government to any other person without the consent thereto of said prior occupant or settler first had and obtained: Provided, Tnomea. That the prior right hereby secured to an occupant of Lmto ra land, who can show no other proof of title than possession, shall not apply to more than sixteen hectares in any one tract. SEC. 17. That timber, trees, forests, and forest products Protection of on lands leased or demised by the government of the Philforests. ippine Islands under the provisions of this Act shall not be cut, destroyed, removed, or appropriated except by special permission of said government and under such regulations as it may prescribe. All moneys obtained from lease or sale of any portion Use of reof the public domain or from licenses to cut timber by the ceqpts. government of the Philippine Islands shall be covered into the insular treasury and be subject only to appropriation for insular purposes according to law. SEC. 18. That the forest laws and regulations now in Forest liws. force in the Philippine Islands, with such modifications etc., continued. and amendments as may be made by the government of said islands, are hereby continued in force, and no timber lands forming part of the public domain shall be sold, leased, or entered until the government of said islands, upon the certification of the forestry bureau that said lands are more valuable for agriculture than for forest uses, shall declare such lands so certified to be agricultural in character: Provided, That the said government Pioriso. shall have the right and is hereby empowered to issue Timber iilicenses to cut, harvest, or collect timber or other forest Products on reserved or unreserved public lands in said islands in accordance with the forest laws and regulations hereinbefore mentioned and under the provisions of this 13

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Act, and the said government may lease land to any person or persons holding such licenses, sufficient for a mill site, not to exceed four hectares in extent, and may grant rights of way to. enable such person or persons to get access to the lands to which such licenses apply. Basisof water SEC. 19. That the beneficial use shall be the basis, the privileges. measure, and the limit of all rights to water in said islands, and the government of said islands is hereby authorized to make such rules and regulations for the use of water, and to make such reservations of public lands for the protection of the water supply, and for other public purposes not in conflict with the provisions of this Act, as it may deem best for the public good. MINERAL LANDS. Disposal. SEC. 20. That in all cases public lands in the Philippine Islands valuable for minerals shall be reserved from sale, except as otherwise expressly directed by law. Purchase,etc., SEC. 21. That all valuable mineral deposits in public by citizens. lands in the Philippine Islands, both surveyed and unsurveyed, are hereby declared to be free and open to exploration, occupation, and purchase, and the land in which they are found to occupation and purchase, by citizens Proviso. of the United States, or of said Islands: Provided, That Mpatneras on when on any lands in said islands entered and occupied riculturallands. as agricultural lands under the provisions of this Act, but not patented, mineral deposits have been found, the working of such mineral deposits is hereby forbidden until the person, association, or corporation who or which has entered and is occupying such lands shall have paid to the government of said islands such additional sum or sums as will make the total amount paid for the mineral claim or claims in which said deposits are located equal to the amount charged by the government for the same as mineral claims. Locating of SEC. 22. That mining claims upon land containing veins mineral claims. or lodes of quartz or other rock in place of bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits, located after the passage of this Act, whether located by one or more persons qualified to locate the same inder the preceding section, shall be located in the fol-f Regulations. lowing manner and under the following conditions: Anyl person so qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with respect to land which may be used for mining, enter upon the same and locate a plot of ground measuring, where possible, but. not exceeding, one thousand feet in length by one thousand feet in breadth, in as nearly as possible a rectangular form; that is to say: All angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but 10 the lines need not necessarily be meridional. In defining the size of a mineral claim, it shall be measured horizon: tally, irrespective of inequalities of the surface of the ground. 1.4

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 23. That a mineral claim shall be marked by two posts placed as nearly as possible on the line of the ledge or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed one thousand feet, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing, "Initial post," the approximate compass bearing of post numbered two, and a statement of the number of feet lying to the right and to the left of the line from post numbered one to post numbered two, thus: "Initial post. Direction of post numbered two. feet of this claim lie on the right and -feet on the left of the line from number one to number two post." All the particulars required to be put on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. SEC. 24. That when a claim has been located the holder shall immediately mark the line between posts numbered one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written "Discovery post:" Provided, That when the claim is surveyed the surveyor shall be guided by the records of the claim, the sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post. EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS. 1 2 3) Dena ration of claims. :Marking lines of claims. Pro iso. Surveys. Examples of laying out claims. No. 2 post. ---1<-O Al:)' 500' 6 Discovery pnt. O 500' I 500' S0 No. 1 post. No. 2 post. -O250' 750' Discovery 0 post. 250' 750' 0 No. 1 post. No. 2 post. 48:' I Discovery post. 600' I 400' -o No. 1 post. SEC. 25. That it shall not be lawful to move number one Removal of post, but number two post may be moved by the deputy posts unlawful. 15

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. mineral surveyor when the distance between posts numbered one and two exceeds one thousand feet, in order to place number two post one thousand feet from number one post on the line of location. When the distance betweei posts numbered one and two is less than one thousand feet the deputy mineral surveyor shall have no authority to extend the claim beyond number two. o cat ion SEC. 26. That the "location line shall govern the dilines." rection of one side of the claim, upon which the survey shall be extended according to this Act. Restriction=. SEC. 27. That the holder of a mineral claim shall be entitled to all minerals which may lie within his claim, but he shall not be entitled to mine outside the boundary Pro riso. lines of his claim continued vertically downward: ProPrior claims vided, That this Act shall not prejudice the rights of claim not prejudiced, owners nor claim holders whose claims have been located under existing laws prior to this Act. Claims of fun SEC. 28. That no mineral claim of the full size shall be sizeplication recorded without the application being accompanied by and affidavit. an affidavit made by the applicant or some person on his behalf cognizant of the facts-that the legal notices and posts have been put up; that mineral has been found in place on the claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the claim. The words written on the number one and number two posts shall be set out in full, and as accurate a description as possible of the position of the claini given with reference to some natural object or permanent monuments. Fractional SEC. 29. That no mineral claim which at the date of its claim'. record is known by the locator to be less than a full-sized Declaration. mineral claim shall be recorded without the word "fraction" being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been found in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the Description. applicant and the date of the location of the claim. The words written on the posts numbered one and two shall be set out in full, and as accurate a description as possiSketch plan. ble of the position of the claim given. A sketch plan shall be drawn by the applicant on the back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in feet, Proriso. of the claim or fraction desired to be recorded: Provided, .on ncne That the failure on the part of the locator of a mineral with re gulaclaim to comply with any of the foregoing provisions of this section shall not be deemed to invalidate such location, if upon the facts it shall appear that such locator has actually discovered mineral in place on said location, and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobsery1.6

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ance of the forWalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity. SEC. 30. That in cases where, from the nature or shape Difficult doof the ground, it is impossible to mark the location line marcations. of the claim as provided by this Act then the claim may be marked by placing posts as nearly as possible to the location line, and noting the distance and direction such posts may be from such location line, which distance and direction shall be set out in the record of the claim. SEC. 31. That every person locating a mineral claim Jecording shall record the same with the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said government described as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in feet, the date of location, and the date of the record. A claim which shall not have been recorded within the prescribed period shall be deemed to have been abandoned. SEC. 82. That in case of any dispute as to the location Disputes. of a mineral claim the title to the claim shall be recognized according to the priority of such location, subject to any question as to the validity of the record itself and subject to the holder having complied with all the terms and conditions of this Act. SEC. 33. That no holder shall be entitled to hold in his, Limit. its, or their own name or in the name of any other person, corporation, or association more than one mineral claim on the same vein or lode. SEC. 34. That a holder may at any time abandon any A b and onmineral claim by giving notice, in writing, of such intention to abandon, to the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder; and from the date of the record of such notice all his interest in such claim shall cease. SEC. 35. That proof of citizenship under the clauses of Proofs of citithis Act relating to mineral lands may consist, in the case zenshin of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, or of the Philippine Islands, by the filing of a certified copy of their charter or certificate of incorporation. SEC. 36. That the United States Philippine Commission Mining reguor its successors may make regulations, not in conflict iations. with the provisions of this Act, governing the location, m ents. ire S. Doe. 105, 58-217

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS, manner of recording, and amount of wgrk necessary to hold possession of a mining claim, subject to the following requirements: Assessments. On each claim located after the passage of this Act, and until a patent has been issued therefor, not less than one hundred dollars' worth of labor shall be performed oi Provso. improvements made during each year: Provided, That Relocation on. non-complianceupon a failure to comply with these conditions the claim with regulaor mine upon which such failure occurred shall be open to relocation in the same manner as if no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before Delinquent such location. Upon the failure of any one of several part owners. coowners to contribute his proportion of the expenditures required thereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowner personal notice in writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, one in the English language and the other in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication such delinquent shall fail or refuse to contribute his proportion of the expenditure required by this section his interest in the claim shall become the property of his coowners who Assessment have made the required expenditures. The period within period, which the work required to be done annually on all unpatented mineral claims shall commence on the first day January succeeding the date of location of such claim. Patents. SEC. 37. That a patent for any land claimed and located for valuable mineral deposits may be obtained in the folApplications. lowing manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this Act, may file in the office of the provincial secretary, or such other officer as by the government of said Islands may be described as mining recorder of the province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the chief of the Philippine insular bureau of public lands, showing accurately the boundaries of the claim, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together Notice. with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous t the filing of the application for a patent, and shall file at affidavit of at least two persons that such notice has beet duly posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a patent for th Publication land, in the manner following: The provincial secretary cordermiing re or such other officer as by the Philippine government ma1 18

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. be described as mining recorder, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and he shall also post such notice in his office for the same period. Tle claimant at the time of Filing of afifiling this application, or at any time thereafter within the avit, etc. sixty days of publication, shall file with the provincial secretary or such other officer as by the Philippine government may be described as mining recorder a certificate of the chief of the Philippine insular bureau of public lands that five hundred dollars' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such furthor description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate description to be incorporated in the patent. At the expiration of the sixty days of publication Issueofp atent the claimant shall file his affidavit, showing that the plat ULWoIntested and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the provincial secretary or such other officer as by the government of said islands may be described as mining recorder at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provincial treasurer or the collector of internal revenue of five dollars per acre and that no adverse claim exists, and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the terms of this Act: Provided, That where the claimant for a patent is not a ort o. resident of or within the province wherein the land condents. training the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or its authorized agent where said agent is conversant with the facts sought to be established by said affidavits. SEC. 38. Thatapplicants for mineral patents, if residing oath. etc., of beyond the limits of the province or military department plicants. wherein the claim is situated, may make the oath oraffidavit required for proof of citizenship before the clerk of any court of record, or before any notary public of any province of the Philippine Islands, or any other official in said islands authorized by law to adminster oaths. SEC. 39. That where an adverse claim is filed during the Ad e r s e period of publication it shall be upon oath of the person or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavits thereof, shall be stayed until the con19

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20 troversy shall have been settled or decided by a court of 4 Proceedings competent jurisdiction or the adverse claim waived. It bina dv .er se shall be the duty of the adverse claimant, within thirty days after filing his claim, to commence proceedings in a court of competent jurisdiction to determine the question of the right of possession, and prosecute the same with reasonable diligence to final judgment, and a failure so to do Certified copy shall be a waiver of his adverse claim. After such judgof judgment. Ient shall have been rendered the party entitled to the possession of the claim, or any portion thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary or such other officer as by the government of the Philippine Islands may be described as mining recorder, together with the certificate of the chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or improvements made thereon, and the descripPayment. tion required in other cases, and shall pay to the provincial treasurer or the collector of internal revenue of the province in which the claim is situated, as the case may be, five dollars per acre for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary or such other officer as by said government may be described as mining recorder to the secretary of the interior Issuance of of the Philippine Islands, and a patent shall issue thereon patent. for the claim, or such portion thereof as the applicant shall appear, from the decision of the court, rightly to Oaths. possess. The adverse claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any province or military department of the Philippine Islands, or any other officer authorized to administer oaths where the adInterests of verse claimant may then be. If it appears from the deciseveral persons no in one claim. sion of the court that several parties are entitled to separate and different portions of the claim, each party may pay for his portion of the claim, with the proper fees, and file the certificate and description by the chief of the Philippine insular bureau of public lands, whereupon the provincial secretary or such other officer as by the government of said islands may be described as mining recorder shall certify the proceedings and judgment roll to the secretary of the interior for the Philippine Islands, as in the preceding case, and patents shall issue to the sevTitle. eral parties according to their respective rights. If in any action brought pursuant to this section title to the ground in controversy shall not be established by either party, the court shall so find, and judgment shall be entered accordingly. In such case costs shall not be allowed t either party, and the claimant shall not proceed in th/ office of the provincial secretary or such other officer a by the government of said islands may be described a LAWS RELATING TO INSULAR AND MILITARY AFFAIRS.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. mining recorder or be entitled to a patent for the ground in controversy until he shall have perfected his title. Nothing herein contained shall be construed to prevent tiAlienation of the alienation of a title conveyed by a patent for a mining t claim to any person whatever. SEC. 40. That the description of mineral claims upon Claims upon surveyed lands shall designate the location of the claim with reference to the lines of the public surveys, but need not conform therewith; but where a patent shall be issued on un su rfor claims upon unsurveyed lands the chief of the Philippine insular bureau of public lands in extending the surveys shall adjust the same to the boundaries of such patented claim according to the plat or description thereof, but so as in no case to interfere with or change the location of any such patented claim. SEC. 41. That any person authorized to enter lands unBuildingstone der this Act may enter and obtain patent to lands that are chiefly valuable for building stone under the provisions of this Act relative to placer mineral claims. SEC. 4 .That any person authorized to enter lands unPetroleum, der this Act may enter and obtain patent to lands containing petroleum or other mineral oils and chiefly valuable therefor under the provisions of this Act relative to placer mineral claims. SEC. 43. That no location of a placer claim shall exceed Pla relaims. sixty-four hectares for any association of persons, irrespective of the number of persons composing such association, and no such location shall include more than eight hectares for an individual claimant. Such locations shall conform to the laws of the United States Philippine Commission, or its successors, with reference to public surveys, and nothing in this section contained shall defeat or impair any bona fide ownership of land for agricultural purposes or authorize the sale of the improvements of any bona fide settler to any purchaser. SEC. 44. That where placer claims are located upon suron surveyed veyed lands and conform to legal subdivisions, no further land. survey or plat shall be required, and all placer mining claims located after the date of passage of this Act shall conform as nearly as practicable to the Philippine system of public-land surveys and the regular subdivisionsof such surveys; but where placer claims can not be conformed to legal subdivisions, survey and plat shall be made as on unsurveyed lands; and where by the segregation of mineral lands in any legal subdivision a quantity of agricultural land less than sixteen hectares shall remain, such fractional portion of agricultural land maybe entered by any party qualified by law for homestead purposes. SEC. 45. That where such person or association, they Establishment of right to and their grantors have held and worked their claims for a patent. Period equal to the time prescribed by the statute of limitations of the Philippine Islands, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under this Act, in the absence of any adverse claim; but nothing in this act shall be deemed to impair any lien which 21

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22 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Prior liens not may have attached in any way whatever prior to the issuance of a patent. Appointment SEC. 46. That the chief of the Philippine insular bureau ofveuty surof public lands may appoint competent deputy mineral E-=penses. surveyors to survey mining claims. The expenses of the Charges for survey of vein or lode claims and of the survey of placer surveys. claims, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any such deputy mineral surveyor to make the survey. The chief of the Philippine insular bureau of public lands shall also have power to establish the maximum charges for surveys and publication of notices under this Act; and in case of excessive charges for publication he may designate any newspaper published in a province where mines are situated, or in Manila, for the publication of mining notices and fix the rates to be charged by such paper; and to the end that the chief of the bureau of public lands may be fully informed on the subject such applicant shall file with the provincial secretary, or such other officer as by the government of the Philippine Islands may be described as mining recorder, a sworn statement of all charges and fees paid by such applicant for publication and surveys, and of all fees and money paid the provincial treasurer or the collector of internal revenue, as the case may be, which statement shall be transmitted, with the other papers in the case, to the secretary of the interior for the Philippine Islands. verificationof SEC. 47. That all affidavits required to be made under affidavits. this Act may be verified before any officer authorized to administer oaths within the province or military departTestimony, ment where the claims may be situated, and all testimony etc. and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the proper provincial secretary or such other officer as by the government of the Philippine Islands may be described Contests. as mining recorder. In cases of contest as to the mineral or agricultural character of land the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party can not be found, then by publication at least once a week for thirty days in a newspaper to be designated by the provincial secretary or such other officer as by said government may be described as mining recorder published nearest to the location of such land and in two newspapers published in Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and the provincial secretary or such other officer as by said government may be described as mining recorder shall required proofs that such notice has been given. Patents of SEC. 48. That where nonmineral land not contiguous to noimineraithe vein or lode is 'used or occupied by the proprietor of. lands, etc., for milling, etc. such vein or lode for mining or milling purposes, sucht

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS 23 nonadjacent surface ground may be embraced and included in an application for a patent for such vein or lode, and the same may be patented therewith, subject to the same preliminary requirements as to survey and notice as are applicable to veins or lodes; but no location of such nonadjacent land shall exceed two hectares, and payment for the same must be made at the same rate as fixed by this Act for the superficies of the lode. The owner of a mn site patquartz mill or reduction works not owning a mine in conents. nection therewith may also receive a patent for his mill site as provided in this section. SEC. 49. That as a condition of sale the Government of Pules for the Philippine Islands may provide rules for working, mines, etc. policing, and sanitation of mines, and rules concerning easements, drainage, water rights, right of way, right of Government survey and inspection, and other necessary means to their complete development not inconsistent with the provisions of this Act, and those conditions shall be fully expressed in the patent. The Philippine CoinBonds of depmission or its successors are hereby further empowered toutymineralsur fix the bonds of deputy mineral surveyors. SEC. 50. That whenever by priority of possession rights Protection to vested w ate r to the use of water for mining, agricultural, manufacturrights. ing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed, but whenever any person, in the construction of any ditch or canal, injures or damDamages. ages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. SEC. 51. That all patents granted shall be subject to An patents any vested and accrued water rights, or rights to ditch0subject to vestZ3 t ed water rights, and reservoirs used in connection with such water rights etc. as may have been acquired under or recognized by the preceding section. SEC. 52. That the Government of the Philippine Islands Establishment ..of land districts, is authorized to establish land districts and provide for etc. the appointment of the necessary officers wherever they may deem the same necessary for the public convenience, and to further provide that in districts where land offices are established proceedings required by this Act to be had before provincial officers shall be had before the proper officers of such land offices. SEC. 53. That every person above the age of twenty-one Coal-land eryears, who is a citizen of the United States, or of the Philiptries. pine Islands, or who has acquired the rights of a native of said islands under and by virtue of the treaty of Paris, or any association of persons severally qualified as above, shall, upon application to the proper provincial treasurer, have the right to enter any quality of vacant coal lands of said Islands not otherwise appropriated or reserved by competent authority, not exceeding sixty-four hectares to Limit.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. such individual person, or one hundred and twenty-eight hectares to such association, upon payment to the provincial treasurer or the collector of internal revenue, as 1 i ni mum the case may be, of not less than twenty-five dollars per price. hectare for such lands, where the same shall be situated more than fifteen miles from any completed railroad or available harbor or navigable stream, and not less than fifty dollars per hectare for such lands as shall be within Porito. fifteen miles of such road, harbor, or stream: Provided, Entries. That such entries shall be taken in squares of sixteen or sixty-four hectares, in conformity with the rules and regulations governing the public-land surveys of the said Islands in plotting legal subdivisions. Prefecenee SEC. 54. That any person or association of persons, sevrightofentry. erally qualified as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry under the preceding section of the mines so opened and improved. Declaratory SEC. 55. That all claims under the preceding section statement. must be presented to the proper provincial secretary within sixty days after the date of actual possession and the commencement of improvements on the land by the filing of a declaratory statement therefor; and where the improvements shall have been made prior to the expiration of three months from the date of the passage of this Act, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement; and no sale under the provisions of this Act shall be allowed until the expiration of six months from the date of the passage of this Act. Limit to enSEC. 56. That the.three preceding sections shall be held tries. to authorize only one entry by the same person or association of persons; and no association of persons, any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such section shall saline lands. enter or hold any other lands under their provisions; and /tO~n. all persons claiming under section fifty-eight shall be required to prove their respective rights and to pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant. Conflicting SEC. 57. That in case of conflicting claims upon coal claims. lands where the improvements shall be commenced after the date of the passage of this Act, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the passage of this Act, division of the land claimed may be made by legal subdivisions, which shall 24

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. conform as nearly as practicable with the subdivisions of land provided for in this Act, to include as near as may be the valuable improvements of the respective parties. The Government of the Philippine Islands is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and preceding sections relating to mineral lands. SEC. 58. That whenever it shall be made to appear to Saline lands. the secretary of any province or the commander of any military department in the Philippine Islands that any lands within the province are saline in character, it shall be the duty of said provincial secretary or commander, under the regulations of the Government of the Philippine Islands, to take testimony in reference to such lands, to ascertain their true character, and to report the same to the secretary of the interior for the Philippine Islands; and if, upon such testimony, the secretary of the interior Auction sales. shall find that such lands are saline and incapable of being purchased under any of the laws relative to the public domain, then and in Sich case said lands shall be offered for sale at the office of the provincial secretary or such other officer as by the said government may be described as mining recorder of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by said Government and sold to the highest bidder, for cash, at a price of not less than three dollars per hectare; and in case such lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than Private sales. three dollars per hectare, in the same manner as other lands in the said Islands are sold. All executive proclaProclamations nations relating to the sales of public saline lands shall o be published in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by said secretary of the interior. SEC. 59. That no Act granting lands to provinces, disMineral lands reserved from tricts, or municipalities to aid in the construction of roads, grants for pubor for other public purposes, shall be so construed as to le works. embrace mineral lands, which, in all cases, are reserved exclusively, unless otherwise specially provided in the Act or Acts making the grant. SEC. 60. That nothing in this Act shall be construed to Prior mining .concessions not affect the rights of any person, partnership, or corporation affected. having a valid, perfected mining concession granted prior to April eleventh, eighteen hundred and ninety-nine, but all such concessions shall be conducted under the provisions of the law in force at the time they were granted, subject at all times to cancellation by reason of illegality in the procedure by which they were obtained, or for failure to comply with the conditions prescribed as requisite to their retention in the laws under which they were granted: Provided, That the owner or owners of every Proviso. such concession shall cause the corners made by its boundMarkin ges. iares to be distinctly marked with permanent monumentslgal Within six months after this Act has been promulgated in 25

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the Philippine Islands, and that any concessions the boundaries of which are not so marked within this period shall be free and open to explorations and purchase under the provisions of this Act. Future ninSEC. 61. That mining rights on public lands in the Philing rights. ippine Islands shall, after the passage of this Act, be acquired only in accordance with its provisions. Cancellation SEc. 62. That all proceedings for the cancellation of of perfected Spanish concesperfected Spanish concessions shall be conducted in the sons. courts of the Philippine Islands having jurisdiction of the Proceedings. subject-matter and of the parties, unless the United States Philippine Commission, or its successors, shall create special tribunals for the determination of such controversies. Acquiring AUTHORITY FOR THE PHILIPPINE ISLANDS GOVERNMENT lands from religious orders, TO PURCHASE LANDS OF RELIGIOUS ORDERS AND etc. OTHERS AND ISSUE BONDS FOR PURCHASE PRICE. Authority SEC. 63. That the government of the Philippine Islands conferred to achrb ote1uire. aetc., realis hereby authorized, subject to the limitations and conand personalditions prescribed in this Act, to acquire, receive, hold. property. maintain, and convey title to real and personal property and may acquire real estate for public uses by the exer cise odf the right of eminent domain. Acquisiti n of SEC. 64. That the powers hereinbefore conferred in property of religious orders, section sixty-three may also be exercised in respect oi. etc. any lands, easements, appurtenances, and hereditaments which, on the thirteenth of August, eighteen hundred and ninety-eight, were owned or held by associations, corporations, communities, religious orders, or private individuals in such large tracts or parcels and in such manner as in the opinion of the Commission injuriously toaffect the4 peace and welfare of the people of the Philippine Islands. Issue of 1on s And fort he purpose of providing funds to acquire the lands uthorized. mentioned in this section said government of the Philippine Islandsis hereby empoweredto incur indebtedness, toborrow money,andto issue, and to sell at notlessthan par value, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands, upon such terms and conditions as it may deem best, registered or coupon bonds of said government for such amount Denoninaas may be necessary, said bonds to be in denominations of terest. fifty dollars or any multiple thereof, bearing interest at a rate not exceeding four and a half per centum per annum, payable quarterly, and to be payable at the pleasure of said government after dates named in said bonds not less than five nor more thanthirty years from the dateof their issue, together with interest thereon, in gold coin of the United States of the present standard value or the equivalent in value in money of said Islands; and said bonls Exempt from shall be exempt from the payment of all taxes or duties If taxes, etc. said government, or any local authority therein, or of the Government of the United States, as well as from taN-ation in any form by or under State, municipal, or local authority in the United States or the Philippine Islands. The moneys which may be realized or received from toliO 26

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. issue and sale of said bonds shall be applied by the government of the Philippine Islands to the acquisition of the property authorized by this section, and to no other purposes. SEC. 65. That all lands acquired by virtue of the preDisposition of ceding section shall constitute a part and portion of the gio'drty acpublic property of the government of the Philippine Islands, and may be held, sold, and conveyed, or leased temporarily for a period not exceeding three years after their acquisition by said government on such terms and conditions as it may prescribe, subject to the limitations and conditions provided for in this Act: Provided, That Proviso. all deferred payments and the interest thereon shall be ,e' eaPypayable in the money prescribed for the payment of principal and interest of the bonds authorized to be issued in payment of said lands by the preceding section and said deferred payments shall bear interest at the rate borne by the bonds. All moneys realized or received from sales Use of proor other disposition of said lands or by reason thereof ceeds. shall constitute a trust fund for the payment of principal and interest of said bonds, and also constitute a sinking fund for the payment of said bonds at their maturity. Actual settlers and occupants at the time said lands are Preference acquired by the government shall have the preference 0iset of setover all others to lease, purchase, or acquire their holdings within such reasonable time as may be determined by said government. MUNICIPAL BONDS FOR PUBLIC IMPROVEMENTS. SEC. 66. That for the purpose of providing funds to construct sewers, to furnish adequate sewer and drainage facilities, to secure a sufficient supply of water, and to provide all kinds of municipal betterments and improvements in municipalities, the government of the Philippine Islands, under such limitations, terms, and conditions ase it may prescribe, with the consent and approval of the President and the Congress of the United States, may permit any municipality of said islands to incur indebtedness, borrow money, and to issue and sell (at not less than par value in gold coin of the United States) registered or coupon bonds in such amount and payable at such time as may be determined by the government of said islands, with interest thereon not to exceed five per centum per annum: Provided, That the entire indebtedness of any Proviso. municipality under this section shall not exceed five per deLbit e incentum of the assessed valuation of the property in said municipality, and any obligation in excess of such limit shall be null and void. SEC. 67. That all municipal bonds shall be in denomiDenomination nations of fifty dollars, or any multiple thereof, bearing 0 bresst. interest at a rate not exceeding five per centum per annum, payable quarterly, such bonds to be payable at the pleasure of the government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the 27

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. interest thereon, in gold coin of the United States of the present standard value, or its equivalent in value in money Exempt from of the said Islands; and said bonds shall be exempt from taxes, etc. the payment of all taxes or duties of the government of the Philippine Islands, or any local authority therein, or the Government of the United States. Use of funds SEC. 68. That all moneys which may be realized or res e froe om received from the issue and sale of said bonds shall be utilized under authorization of the government of the Philippine Islands in providing the municipal improvements and betterment which induced the issue and sale of said bonds, and for no other purpose. Municipal SEC. 69. That the government of the Philippine Islands taxes to p aY shall, by the levy and collection of taxes on the municitions. pality, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of the bonds of such municipality, and shall create a sinking fund sufficient to retire them and pay the interest thereon Proviso. in accordance with the terms of issue: Provided, That if reimburse said bonds or any portion thereof shall be paid out of the funds of the government of said islands, such municipality shall reimburse said government for the sumthus paid, and said government is hereby empowered to collect said sum by the levy and collection of taxes on such municipality. Manila. SEC. 70. That for the purpose of providing funds to conIssueofbondsstruct sewers in the cit Of Manila and to furnish it with for sewers, water supply, ete. an adequate sewer and drainage system and supply of water the government of the Philippine Islands, with the approval of the President of the United States first had, is hereby authorized to permit the city of Manila to incur indebtedness, to borrow money, and to issue and sell (at not less than par value in gold coin of the United States), upon such terms and conditions as it may deem best, registered or coupon bonds of the city of Manila to an amount Limit. not exceeding four million dollars lawful money of the United States, payable at such time or times as may be determined by said government, with interest thereon not to exceed five per centum per annum. Denominations SEC. 71. That said coupon or registered bonds shall be of bonds, in denominations of fifty dollars or any multiple thereof, Interest. bearing interest at a rate not exceeding live per centum _per annum, payable quarterly, such bonds to be payable at the pleasure of the government of the Philippine Islands, after dates named in said bonds not less than five nor more than thirty years from the date of their issue, together with the interest thereon in gold coin of the United States of the present standard value, or the equivalent in value in money of the said Islands; and said bonds shall Exempt from be exempt from the payment of all taxes or duties of the taxes, ete. government of the said Islands, or of any local authority Uo therein, or of the Government of the United States. Useoffunds. SEC. 72. That all moneys which may be realized or received from the issue and sale of said bonds shall be utilized under authorization of said government of the Philippine Islands in providing a suitable sewer and drainage system and adequate supply of water for the city of Manila and for no other purpose. 28

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 73. That the government of the Philippine Islands Taxes to meet bon d obligashall, by the levy and collection of taxes on the city of tons. Manila, its inhabitants and their property, or by other means, make adequate provision to meet the obligation of said bonds and shall create a sinking fund sufficient to retire them and pay the interest thereon in accordance with the terms of issue: Provided, That if said bonds or Proviso. any portion thereof shall be paid out of the funds of the ment. government of said islands, said city shall reimburse said government for the sum thus paid, and said government is hereby empowered to collect said sum by the levy and collection of taxes on said city. FRANCHISES. SEC. 74. That the government of the Philippine Islands Government authorized to avm y grant franchises, privileges, and concessions, includgrant. ing the authority to exercise the right of eminent domain for the construction and operation of works of public utility and service, and may authorize said works to be constructed and maintained over and across the public property of the United States, including streets, highways, squares, and reservations, and over similar property of the government of said Islands, and may adopt rules and regulations under which the provincial and municipal governments of the islands may grant the right to use and occupy such public property belonging to said provinees or municipalities: Provided, That no private propProvixo. erty shall be taken for any purpose under this section er tte propwithout just compensation paid or tendered therefor, and that such authority to take and occupy land shall not authorize the taking, use, or occupation of any land except such as is required for the actual necessary purposes for which the franchise is granted, and that no franchise, Franchises privilege, or concession shall be granted to any corporaso etent tion except under the conditions that it shall be subject etc., by Conto amendment, alteration, or repeal by the Congress of gress. the United States, and that lands or rights of use and occupation of lands thus granted shall revert to the governments by which they were respectively granted upon the termination of the franchises and concessions under which they were granted or upon their revocation or repeal. That all franchises, privileges, or concessions granted Issuance of under this Act shall forbid the issue of stock or bonds st'edtc., reexcept in exchange for actual cash, or for property at a fair valuation, equal to the par value of the stock or bonds so issued; shall forbid the declaring of stock or bond dividends, and, in the case of public-service corpoDividends. rations, shall provide for the effective regulation of the charges thereof, for the official inspection and regulation Inspectiuon of of the books and accounts of such corporations, and for books, etc. the payment of a reasonable percentage of gross earnings into the treasury of the Philippine Islands or of the province or municipality within which such franchises are granted and exercised: Provided further, That it shall Proiiso. be unlawful for any corporation organized under this Act, prohiaedbor or for any person, company, or corporation receiving any 29

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. grant, franchise, or concession from the government of said Islands, to use, employ, or contract for the labor of persons claimed or alleged to be held in involuntary servirenalty. tude; and any person, company, or corporation so violating the provisions of this Act shall forfeit all charters, grants, franchises, and concessions for doing business in said Islands, and in addition shall be deemed guilty of an offense, and shall be punished by a fine of not less than ten thousand dollars. Real estate SEC. 75. That no corporation shall be authorized to conholdings of co:porations. duct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purMaximum. poses for which it is created, and every corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed one thousand and twenty-four hectares of land; and it shall be unlawful for any member of a corporation engaged in agriculture or mining and for any corporation organized for any purpose except irrigation to be in any wise interested in any other corporation engaged in agriLoans, culture or in mining. Corporations, however, may loan funds upon real-estate security and purchase real estate when necessary for the connection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in the Philippine Islands, and doing business therein, shall be bound by the provisions of this section so far as they are applicable. COINAGE. Establishment SEC. 76. That the government of the Philippine Islands of a inint at Ma-b nila authorized. is hereby authorized to establish a mint at the city of Manila, in said islands, for coinage purposes, and the coins hereinafter authorized may be coined at said mint. And the said government is hereby authorized to enact laws Proviso. necessary for such establishment: Provided, That the laws United States o 1I laws applicable. of the United States relating to mints and coinage, so far as applicable, are hereby extended to the coinage of said islands. Coinage of SEC. 77. That the government of the Philippine Islands subsidiary silauho i. t fornuens of tl ver coins. is authorized to coin, for use in said islands, a coin of the denomination of fifty centavos and of the weight of one hundred and ninety-two and nine-tenth grains, a coin of the denomination of twenty centavos and of the weight of seventy-seven and sixteen one-hundredths grains, and a coin of the denomination of ten centavos and of the weight of thirty-eight and fifty-eight one-hundredths grains, and the standard of said silver coins shall be such that of one thousand parts by weight nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper. Thurchase of SEC. 78. That the sudsidiary silver coins authorized by bud on the preceding section shall be coined under the authority of the government of the Philippine Islands in such amounts as it may determine, with the approval of the Secretary of 30

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. War of the United States, from silver bullion purchased by said government, with the approval of the Secretary of War of the United States: Provided, That said governProviso. ment may in addition and in its discretion recoin the s pano iiino Spanish Filipino dollars and subsidiary silver coins issued dollars, etc. under the authority of the Spanish Government for use in said islands into the subsidiary coins provided for in the preceding section at such rate and under such regulations as it may prescribe, and the subsidiary silver coins authorized by this section shall be legal tender in said islands to the amount of ten dollars. SEC. 79. That the government of the Philippine Islands Minor coins. is also authorized to issue minor coins of the denominations of one-half centavo, one centavo, and five centavos, and such minor coins shall be legal tender in said islands for amounts not exceeding one dollar. The alloy of the Afloy. five-centavo piece shall be of copper and nickel, to be conposed of three-fourths copper and one-fourth nickel. The alloy of the one-centavo and one-half-centavo pieces shall be ninety-five per centum of copper and five per centum of tin and zinc, in such proportions as shall be determined by said government. The weight of the five-centavo piece Weight. shall be seventy-seven and sixteen-hundredths grains troy, and of the one-centavo piece eighty grains troy, and of the one-half-centavo piece forty grains troy. SEC. 80. That for the purchase of metal for the subPurchase of sidiary and minor coinage, authorized, by the preceding metal. sections, an appropriation may be made by the government of the Philippine Islands from its current funds, which shall be reimbursed from the coinage under said sections; and the gain or seigniorage arising therefrom shall be paid into the treasury of said Islands. SEC. 81. That the subsidiary and minor coinage herePlace of coininbefore authorized may be coined at the mint of the govage optional. ernment of the Philippine Islands at Manila, or arrangenents may be made by the said government with the Secretary of the Treasury of the United States for their coinage at any of the mints of the United States, at a charge covering the reasonable cost of the work. SEC. 82. That the subsidiary and minor coinage herein-. Devices and before authorized shall bear devices and inscriptions to be inscriptions. prescribed by the government of the Philippine Islands and such devices and inscriptions shall express the sovereignty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year of the coinage. SEC. 83. That the government of the Philippine Islands Redemption shall have the power to make all necessary appropriations ndrective oins and all proper regulations for the redemption and reissue etc. of worn or defective coins and for carrying out all other provisions of this Act relating to coinage. SEC. 84. That the laws relating to entry, clearance, United States and manifests of steamships and other vessels arriving toms, etn., laws from or going to foreign ports shall apply to voyages each made applicaway between the Philippine Islands and the United States and the possessions thereof, and all laws relating to the 31

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Customs ducollection and protection of customs duties not inconsistties. ent with the Act of Congress of March eighth, nineteen hundred and two, temporarily to provide revenue for the Philippine Islands," shall apply in the case of vessels and goods arriving from said Islands in the United States and its aforesaid possessions. SeamenonforThe laws relating to seamen on foreign voyages shall eigntoyags 1s toal eiguvoy es.mapply to seamen on vessels going from the United States cerssubstituted and its possessions aforesaid to said Islands, the customs for consular offi-. cers. officers there being for this purpose substituted for consular officers in foreign ports. TransportaThe provisions of chapters six and seven, title fortytion of passeneight Revised Statutes, so far as now in force and any gers and merb chandise. amendments thereof, shall apply to vessels making voytries. ages either way between ports of the United States or its R.S.,secs.4252aforesaid possessions and ports in said Islands; and the 4292,pp.820-828. provisions of law relating to the public health and quarantine shall apply in the case of all vessels entering a port of the United States or its aforesaid possessions from said Islands, where the customs officers at the port of departure shall perform the duties required by such law of consular officers in foreign ports. Transit of Section three thousand and five, Revised Statutes, as merchandise. amended, and other existing laws concerning the transit R. S., see. 3005,bb p.579. of merchandise through the United States, shall apply to merchandise arriving at any port of the United States destined for any of its insular and continental possessions, or destined from any of them to foreign countries. Former laws Nothing in this Act shall be held to repeal or alter any continued. part of the Act of March eighth, nineteen hundred and two, aforesaid, or to apply to Guam, Tutuila, or Manua, Equivalent except that section eight of an Act entitled "An Act to rates of money. revise and amend the tariff laws of the Philippine Archipelago," enacted by the Philippine Commission on the seventeenth of September, nineteen hundred and one, and approved by an Act entitled "An Act temporarily to provide revenues for the Philippine Islands, and for other purposes," approved March eighth, nineteen hundred and two, is hereby amended so as to authorize the Civil Governor thereof in his discretion to establish the equivalent rates of the money in circulation in said Islands with the money of the United States as often as once in ten days. De ositories SEC. 85. That the treasury of the Philippine Islands and ofpulicmoney. such banking associations in said islands with a paid up capital of not less than two million dollars and chartered by the United States or any State thereof as may be designated by the Secretary of War and'the Secretary of the Treasury of the United States shall be depositories of public money of the United States, subject to the provisions of existing law governing such depositories in the Proviso. United States: Provided, That the treasury of the governDse-osiot of bonds, not mentof said islands shall not be required to deposit bonds required. in the Treasury of the United States, or to give other specific securities for the safe-keeping of public money except as prescribed, in his discretion, by the Secretary of War. 32

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 86. That all laws passed by the government of the Philippine Islands shall be reported to Congress, which hereby reserves the power and authority to annul the same, and the Philippine Commission is hereby directed to make annual report of all its receipts and expenditures to the Secretary of War. Right to annul all laws reserved by Congress. BUREAU OF INSULAR AFFAIRS. SEC. 87. That the Division of Insular Affairs of the War Buskness subDepartment, organized by the Secretary of War, is hereby et o rs continued until otherwise provided, and shall hereafter be partment. known as the Bureau of Insular Affairs of the War Department. The business assigned to said Bureau shall embrace all matters pertaining to civil government in the island possessions of the United States subject to the jurisdiction of the War Department; and the Secretary of War Chief of Buis hereby authorized to detail an officer of the Army whom reau. he may consider especially well qualified, to act under the authority of the Secretary of War as the chief of said Bureau; and said officer while acting under said detail Rank. shall have the rank, pay, and allowances of a colonel. SEC. 88. That all Acts and parts of Acts inconsistent Repeal. with this Act are hereby repealed. Fifty-seventh Congress, second session. lCHAP. 334.-An Act To promote the efficiency of the Philip-January 30,1903. pine constabulary, to establish the rank and pay of its commanding [Public, No. 37.] officers, and for other purposes. 32 Stats.L.,pt. 1, p. 783. Be it enacted by the Senate and House of Representatives of the United States ofAmericain Congress assembled, That Ph ili pine officers of the Army of the United States may be detailed c Uo ry. for service as chief and assistant chiefs, the said assistant officers for. chiefs not to exceed in number four, of the Philippine constabulary, and that during the continuance of such details the officer serving as chief shall have the rank, pay, Rank, etc. and allowances of brigadier-general, and the officers serving as assistant chiefs shall have the rank, pay, and allowances of colonel: Provided, That the difference between Proviso. the pay and allowances of brigadier-general and colonel, ry tpne as herein provided, and the pay and allowances of the difference in a officers so detailed in the grades from which they are de-10wance, etc. tailed shall be paid out of the Philippine treasury. SEC. 2. That any companies of Philippine scouts ordered Assistance of to assist the Philippine constabulary in the maintenance Pul p p 1 ne of order in the Philippine Islands may be placed under the command of officers serving as chief or assistant chiefs of the Philippine constabulary, as herein provided: ProProviso. vided, That when the Philippine scouts shall be ordered man ing ofto assist the Philippine constabulary, said scouts shall not cers. at any time be placed under the command of inspectors or other officers of the constabulary below the grade of assistant chief of constabulary. S. Doc. 105, 58-2---3 33

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fin nary 7,1903. CHAP. 515.-An Act For the relief of the officers and crew of [P ublic, No. 0.] the United States steamer Charleston, lost in the Philippine Islands 3r Stats. L.,pt. November second, eighteen hundred and ninety-nine. 1, p. 804. Be it enacted by the Senate and House of Representativer "U rItn. ofthe United States ofAmericain Congress assembled, That Payment to to reimburse the officers and crew of the United States officers and steamship Charleston, destroyed on a coral reef off Camiguin Island, in the Philippines, November second, eighteen hundred and ninety-nine, for losses incurred by them, respectively, in the destruction of said vessel, there shall be paid to each of said officers and crew or to the personal representatives of any which may be deceased, out of any money in the Treasury of the United States not otherwise appropriated, a sum equal to the losses so sustained by Provisos. them: Provided, That the accounting officers of the TreasProofoflosses. ury shall in all cases require a schedule and certificate from each person making a claim under this Act, such schedule to be approved by the Secretary of the Navy,. who may require other satisfactory proof of said losses, and reimbursements shall be made for such losses as are of a character and value suitable and appropriate to the rank, rating, or ditty of the person suffering such loss: Payments reProvided, however, That in no case shall the aggregate stricted. sui allowed any claimant or person for such loss exceed the value of such articles of personal property as were required by the United States Naval Regulations in force at the time of such loss, and there shall be deducted therefrom any sum heretofore paid any of them under section R. S., sec. 290, two hundred and ninety of the Revised Statutes. p'fln satisfacSEC. 2. That the relief granted by the provisions of this tion of all Act'shall be in full satisfaction of any and all claims whatever against the United States on account of losses by the destruction of the United States steamship Charleston, and any claim which shall be presented and acted upon under the authority of this Act shall be held to be finally determined, and. shall not in any manner thereafter be reopened, reconsidered, supplemented, nor be subject to appeal in any form. Timelimitfor SEC. 3. That no claim for losses by reason of the destrue clantn .of tion of said vessel not heretofore presented shall be allowed under the provisions of this Act which shall not be presented within two years after the date of its passage. Deductions of SEC. 4. That any amounts that have been paid under priorpayments. sections two hundred and eighty-eight, two hundred and 28,2XJ, p.8s. eighty-nine, and two hundred and ninety of the Revised Statutes shall be deducted in the settlement of all claims -tinder this Act. February9,1903. CHAP. 529.-An Act To provide for the removal of persons [Public, No. 72.] accused of crime to and from the Philippine Islands for trial. .?ttats. L.,p t. 1, p. so. Be it enacted by the Senate and House of Representatives Philippine Is-of the United States of America in Congress assembled, That aExtradition the provisions of section ten hundred and fourteen of the laws applied t,. Revised Statutes, so far as applicable, shall apply through.1.,sec.10 out the United States for the arrest and removal there8-34

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. from to the Philippine Ilands of any fugitive from justice charged with the commission of any crime or offense against the United States within the Philippine Islands, and shall apply within the Philippine Islands for the arrest and removal therefrom to the United States of any fugitive from justice charged with the commission of any crime or offense against the United States. Such fugitive Procedure. may, by any judge or magistrate of the Philippine Islands, and agreeably to the usual mode of process against offenders therein, be arrested and imprisoned, or bailed, as the case may be, pending the issuance of a warrant for his removal to the United States, which warrant it shall be the duty of a judge of the court of first instance seasonably to issue, and of the officer or agent of the United States designated for the purpose to execute. Such offiAuthority of cer or agent, when engaged in executing such warrant officers. without the Philippine Islands, shall have all the powers of a marshal of the United States so far as such powers are requisite for the prisoner's safe-keeping and the execution of the warrant. SEC. 2. That the provisions of sections fifty-two hundred Authority to and seventy-eight and fifty-two hundred and seventy-nine rnsfer rnmof the Revised Statutes, so far as applicable, shall apply .,sees57, to the Philippine Islands, which, for the purposes of said 1op. sections, shall be deemed a Territory within the meaning thereof. CHAP. 980.-An Act To establish a standard of value and to March 2, 1903. provide for a coinage system in the Philippine Islands. [PublicNo.137) 32 Stats. L., pt. Be it enacted by the Senate and House of Representatives 1t 9a2. of the United States of America in Congress assembled, That Ph ilip pi ne the unit of value in the Philippine Islands shall be the con of value gold peso consisting of twelve and nine-tenths grains of to be the gold -gold, nine-tenths fine, said gold peso to become the unit of peso. value when the government of the Philippine Islands shall have coined and ready for, or in, circulation not less than five million of the silver pesos hereinafter provided for in this Act, and the gold coins of the United States at the rate of one dollar for two pesos hereinafter authorized to be coined shall be legal tender for all debts, public and private, in the Philippine Islands. SEC. 2. That in addition to the coinage authorized for silver coins. use in the Philippine Islands by the Act of 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," the government of the Philippine Islands is authorsilYerpesoauized to coin to an amount not exceeding seventy-five theorize million pesos, for use in said islands, a silver coin of the denomination of one peso and of the weight of four hundred and sixteen grains, and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper. 35

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36 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To bo a legal SEC. 3. That the silver Philippine peso authorized by tender. this Act shall be legal tender in the Philippine Islands for all debts, public and private, unless otherwise specifically Proviso. provided by contract: Provided, That debts contracted Payment ovieycnrc:Poied htdbscnrce debts prior to prior to the thirty-first day of December, nineteen hunDecember 31, dred and three, may be paid in the legal-tender currency of said islands existing at the time of the making of said contracts, unless otherwise expressly provided by contract. SEC. 4. That section seventy-seven of the Act of July first, nineteen hundred and two, is hereby amended so that it shall read: Subsidiarysil"SEC. 77. That the governmentof the Philippine Islands wrcoint i is authorized to coin for use in said islands a coin of the creased, denomination of fifty centavos and of the weight of two hundred and eight grains, a coin of the denomination o twenty centavos and of the weight of eighty-three and tel one-hundredths grains, and a coin of the denomination of, ten centavos and of the weight of forty-one and fifty-five one-hundredths grains; and the standard of said silver coins shall be such that of one thousand parts, by weight, nine hundred shall be of pure metal and one hundred of alloy, and the alloy shall be of copper." To be coined SEC. 5. That the Philippine peso herein authorized and procad n the subsidiary silver coins authorized by section seventyseven of the Act of July first, nineteen hundred and two, as amended by the preceding section of this Act, shall be coined under the authority of the government of the Philippine Islands in such amounts as it may determine, with the approval of the Secretary of War of the United States, except as limited in section two of this Act, from silver bullion purchased by said government, with the approval Proviso. of the Secretary of War of the United States: Provided, Re coienage That said government may, in its discretion, in lieu of permitd. the purchase of bullion, recoin any of the silver coins now in or hereafter received by the treasury of the government of the Philippine Islands into the coins provided for ii this Act or in the Act of July first, nineteen hundred and two, as herein amended, at such rate and under such rege Lesal tender lations as it may prescribe; and the subsidiary silver coins valueof subsidiauthorized by this Act and by the Act of July first, nineteen y hundred and two, shall be legal tender in said islands to the amount of ten dollars. Limitations, SEC. 6. That the coinage authorized by this Act shall etc. be subject to the conditions and limitations of the provisions of the Act of July first, nineteen hundred and two, entitled "An Act temporarily to provide for the adminitration of the affairs of civil government in the Philippine Islands, and for other purposes," except as herein other Maintenance wise provided; and the government of the Philippine Is of parity be lands may adopt such measures as it may deem proper, not tweensilverand .m.r. gold pesos. inconsistent with said Act of July first, nineteen hundred and two, to maintain the value of the silver Philippine peso at the rate of one gold peso, and in order to maintain such parity between said silver Philippine pesos and the goldI Issue of tem pesos herein provided for, and for no other purpose, may porary certifiissue temporary certificates of indebtedness, bearing it: edness, terest at a rate not to exceed four per centum annually,

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS 37 payable at periods of three months or more, but not later than one year from the date of issue, which shall be in the denominations of twenty-five dollars, or fifty pesos, or some multiple of such sum, and shall be redeemable in Redemption. gold coin of the United States, or in lawful money of said islands, according to the terms of issue prescribed by the government of said islands; but the amount of such cer1 ax i mu tificates outstanding at any one time shall not exceed ten amount. million dollars, or twenty million pesos, and said certifiExempt from cates shall be exempt from the payment of all taxes or taxation. duties of the government of the Philippine Islands, or any local authority therein, or of the Government of the United States, as well as from taxation in any form by or under any State, municipal, or local authority in the United States or the Philippine Islands: Provided, That all the Proviso. proceeds of said certificates shall be used exclusively for ceeds. of prothe maintenance of said parity, as herein provided, and for no other purpose, except that a sum not exceeding three million dollars at any one time may be used as a continuing credit for the purchase of silver bullion in execution of the provisions of this Act. SEC. 7. That the Mexican silver dollainow in use in the noier coins Philippine Islands and the silver coins heretofore issued by ceiveduntilJanthe Spanish Government for use in said islands shall be narY 1, 1904. receivable for public dues at a rate to be fixed from time to time by the proclamation of the civil governor of said islands until such date, not earlier than the first day of January, nineteen hundred and four, as may be fixed by public proclamation of said civil governor, when such coins shall cease to be so receivable: Provided, That the Proviso. public offices of the government of said islands shall give Preferences. a preference for all public dues to the silver pesos and the silver certificates authorized by this Act, and may at any time refuse to receive such Mexican dollars and Spanish coins as may appear to be counterfeit or defective. SEC. 8. That the treasurer of the Philippine Islands is Issue of silver certificates for hereby authorized, in his discretion, to receive deposits of deposit of silver the standard silver coins of one peso authorized by this pesos. Act to be coined, at the treasury of the government of said islands or any of its branches, in sums of not less than twenty pesos, and to issue silver certificates therefor in denominations of not less than two nor more than Denomination. ten pesos, and coin so deposited shall be retained in the treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and for all public dues in the Philippine Islands, and when so received may be reissued, and when held by any banking association in said islands may be counted as a part of its lawful reserve. SEC. 9. That for the purchase of metal for the silver Purchase of Philippine peso authorized by this Act, an appropriation bullion. may be made by the government of The Philippine Islands from its current funds, or as hereinbefore authorized, which shall be reimbursed from the coinage under said sections. SEC. 10. That the silver Philippine pesos hereinbeforeagri"e of Qoin.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. authorized may be coined at the mint of the government of the Philippine Islands at Manila, or arrangements may be made by the said government with the Secretary of the Treasury of the United States for their coinage or any portion thereof at any of the mints of the United States, at a charge covering the reasonable cost of the work. Devices and SEC. 11.-That the silver Philippine peso hereinbefore inscriptions authorized shall bear devices and inscriptions to be prescribed by the government of the Philippine Islands, and such devices and inscriptions shall express the sovereignty of the United States, that it is a coin of the Philippine Islands, the denomination of the coin, and the year of the coinage. Preparationof SEC. 12. That the Secretary of the Treasury is hereby tifeates. cerauthorized and directed, when requested by the government of the Philippine Islands, to cause to be made anI prepared any drawings, designs, and plates, and execute any coinage, engraving, or printing of notes and certificates authorized by this Act, and to make a proper charge for the same, covering as nearly as may be the actual cost, which shall be defrayed from the revenues of said islands. Repeal SEC. 13. That section seventy-eight of the Act of July first, nineteen hundred and two, and all Acts and parts of Acts inconsistent with the provisions of this Act, and all provisions of law in force in the Philippine Islands making any form of money legal tender after December thirtyfirst, nineteen hundred and three, except as provided in this Act, are hereby repealed. March3,1903. CHAP. 1006.-An Act Making appropriations to supply defi[PublicNo.15.] ciencies in the appropriations for the fiscal year ending June t} r32 stats. L.,pt. tieth, nineteen hundred and three, and for prior years, and for other 1, p. 1031. purposes. DEPARTMENT OF THE INTERIOR. &* &* TWELFTH CENSUS. Use of balThe unexpended balance of the census appropriation, ances continued. which by the proviso in the Act approved June twentyeighth, nineteen hundred and two, entitled "An Act making appropriations for sundry civil expenses of the Gov, ernment for the fiscal year ending June thirtieth, ninetee hundred and three, and for other purposes," which way reappropriated and made available for continuing the work of taking the Twelfth Census, and for all expenses arising under and authorized by the Act to provide for the per manent Census Office, approved March sixth, nineteen hundred and two, be, and the same is hereby, made available for the purposes indicated in said proviso during the Philippine fiscal year nineteen hundred and four; and that said balcensus. ance, or so much thereof as may be needed for the purpose, be, and the same is hereby, also made available for 388

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. such expenditures as may become necessary in complying with the proclamation of the President, dated September thirtieth, nineteen hundred and two, pursuant to the provisions of section six of the Act of 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," including the cost of temporarily employing such number of persons as may be necessary for the performance of said work, at a compensation not to exceed that which has heretofore been paid employees in the Census Office for doing similar work, such persons to be selected and employed by the Director at such dates and for such periods of time as he may deem proper. *

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me anse c .awan .a. CV

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HAWAII. Fifty-fifth Congress, f rst session. CHAP. 2.-An Act Making appropriations for sundry civil June 4, 1897. expenses of the Government for the fiscal year ending June thirtieth, [Public, No. 2.] eighteen hundred and ninety-eight, and for other purposes. 30 Stats. L., p. 11. * * UNDER THE WAR DEPARTMENT. * * ENGINEER DEPARTMENT. * IMPROVEMENT OF PEARL HARBOR: For expense of necessary survey of entrance to and of Pearl Harbor, Hawaiian Islands, and to enable the Secretary of the Navy to ascertain and report to Congress the amount of land necessary to be acquired in said harbor and the probable cost thereof for a coaling and repair station, ten thousand dollars. * Pearl Harbor Survey, etc. Fifty-fifth Congress, second session. CHAP. 68.-An Act Making appropriations for the legislative, March 15,1898. executive, and judicial expenses of the Government for the fiscal [Public, No. 37.] year ending June thirtieth, eighteen hundred and ninety-nine, and 30 Stats. L., p. for other purposes. 277. * * NAVY DEPARTMENT. * * For drawing and engraving on copper plates the survey Pearl Harbor, of Pearl Harbor, Hawaiian Islands, authorized under the Appropriation sundry civil act of June fourth, eighteen hundred and for drawings, ninety-seven; for completing a series of charts of the Hawaiian Islands, for the navigation of the vessels of the Navy and for the benefit of mariners generally, from data resulting from the Hawaiian Government survey, which have been made available for this purpose by the Hawaiian Republic; * twelve thousand dollars. * * * * 41 *

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42 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 13, 1898. CHAP. 446.-An Act Making appropriations for the service of [Public,No 131.] the Post-Office Department for the fiscal year ending June thir30 Stats. L., p. tieth, eighteen hundred and ninety-nine. 440. * * OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. Foreign mails. For transportation of foreign mails, one million eight hundred and fifty thousand dollars, including additional OceanicSteamcompensation to the Oceanic Steamship Company for ship Company. transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, Provisos. eighty thousand dollars: Provided, That the sum paid Limit. the said Oceanic Steamship Company shall not exceed two dollars per mile, as authorized by Act of March third, eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce:" * * * * July 7, 1898. [No. 55.] Joint Resolution To provide for annexing the Ha[Public Res., waiian Islands to the United States. No. 51.] 750 Stats. I ., PWhereas the Government of the Republic of Hawaii Annexationof having, in due form, signified its consent, in the manner Islands. provided by its constitution, to cede absolutely and withPreamble out reserve to the United States of America all rights of sovereignty of whatsoever kind in and over the Hawaiian Islands and their dependencies, and also to cede and transfer to the United States the absolute fee and ownership of all public, Government, or Crown lands, public buildings or edifices, ports, harbors, military equipment, and all other public property of every kind and description belonging to the Government of the Hawaiian Islands, together with every right and appurtenance thereunto appertaining: Therefore, Resolved by the Senate and House of Representatives of Cession of Hathe United States of America in Congress assembled, That waiian soversaid cession is accepted, ratified, and confirmed, and that e eignty, etc., accepted,. the said Hawaiian Islands and their dependencies be, and they are hereby, annexed as a part of the territory of the United States and are subject to the sovereign dominion thereof, and that all and singular the property and rights hereinbefore mentioned are vested in the United States of America. Congress to The existing laws of the United States relative to pubenact spnallic lands shall not apply to such lands in the Hawaiian laws. Islands; but the Congress of the United States shall enact Proviso. special laws for their management and disposition: Pro-revenues forvided That all revenue from or proceeds of the same, educational purp re s poses, etc. except as regards such part thereof as may be used or 1

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LAWS RELATING TO INSULAR AND MILITARY -AFFAIRS. occupied for the civil, military, or naval purposes of the United States, or may be assigned for the use of the local government, shall be used solely for the benefit of the inhabitants of the Hawaiian Islands for educational and other public purposes. Until Congress shall provide for the government of such Existing pow....ers of officers islands all the civil, judicial, and military powers exercontinued. cised by the officers of the existing government in said islands shall be vested in such person or persons and shall be exercised in such manner as the President of the United States shall direct; and the President shall have power to Removal of remove said officers and fill the vacancies so occasioned. officers. The existing treaties of the Hawaiian Islands with forExisting treaeign nations shall forthwith cease and determine, being tit reedplaced replaced by such treaties as may exist, or as may be heretreaties. after concluded, between the United States and such foreign nations. The municipal legislation of the Hawaiian MtunicipalnegIslands, not enacted for the fulfillment of the treaties so u ion continextinguished, and not inconsistent with this joint resolution nor contrary to the Constitution of the United States nor to any existing treaty of the United States, shall remain in force until the Congress of the United States shall otherwise determine. Until legislation shall be enacted extending the United Existing customs laws conStates customs laws and regulations to the Hawaiian tinned. Islands the existing customs relations of the Hawaiian Islands with the United States and other countries shall remain unchanged. The public debt of the Republic of Hawaii, lawfully exUnited states isting at the date of the passage of this joint resolution, public debt of including the amounts due to depositors in the Hawaiian awain. Postal Savings Bank, is hereby assumed by the Governnment of the United States; but the liability of the United -limit. States in this regard shall in no case exceed four million dollars. So long, however, as the existing Government -interest. and the present commercial relations of the Hawaiian Islands are continued as hereinbefore provided said Government shall continue to pay the interest on said debt. There shall be no further immigration of Chinese into Chineseimmithe Hawaiian Islands, except upon such conditions as are cited. now or may hereafter be allowed by the laws of the United States; and no Chinese, by reason of anything herein contained, shall be allowed to enter the United States from the Hawaiian Islands. The President shall appoint five commissioners, at least Commission.ers to recomtwo of whom shall be residents of the Hawaiian Islands, mend legislawho shall, as soon as reasonably practicable, recommend tion. to Congress such legislation concerning the Hawaiian Islands as they shall deem necessary or proper. SEC. 2. That the commissioners hereinbefore provided -appointment for shall be appointed by the President, by and with the o advice and consent of the Senate. SEC. 3. That the sum of one hundred thousand dollars, Appropriation for enforcing or so much thereof as may be necessary, is hereby approresolution. priated, out of any money in the Treasury not otherwise appropriated, and to be immediately available, to be ex43

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44 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pended at the discretion of the President of the United States of America, for the purpose of carrying this joint resolution into effect. Fifty-fifth Congress, third session. March 1, 1899. CHAP. 327.-An Act Making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, [Public,No.107.] nieee u'rd 30 stats. L., p. nmeteen hundred. 959. * * OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. * * Foreign mails. For transportation of foreign mails, two million one Ocean ic SteamshipComhundred and fifty-four thousand dollars, including addipany. tional compensation to the Oceanic Steamship Company for transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, frovisos eighty thousand dollars: Provided, That the sum paid the said Oceanic Steamship Company shall not exceed two dollars per mile, as authorized by Act of March third, eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce:" * * * * Franking privilege extended to Hawaiian Islands. The franking privilege, as the same is regulated law, shall extend to the Hawaiian Islands. * * * * March 3,1899. CHAP. 419.-An Act To provide for taking the Twelfth and [Public,No.183.] subsequent censuses. 30 Stats. L. p. 1014. Be it enacted by the Senate and House of Representatives Twelfth Cenof the United States of America in Congress assembled, That Sus, a census of the population, of deaths, and of the manufacturing, mechanical, and agricultural products of the United States shall be taken in the year nineteen hundred, and once every ten years thereafter. * * Alaska and Hawaiian Islands. SEC. 7. * The Director of the Census is also authorized and directed to make suitable provisions for the enumeration of the population and products of Alaska and the Hawaiian Islands, for which purpose he may employ supervisors and enumerators or special agents as he may deem necessary. * * Supervisors. * * SEC. 9. That the Director of the Census shall, at least six months prior to the date fixed for commencing the enumeration at the Twelfth and each succeeding decenby [ r.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. nial census, designate the number, whether one or more, of supervisors of census to be appointed within each State and Territory, the District of Columbia, Alaska, and the -Hawaiian Islands, who shall be appointed by the President, by and with the advice and consent of the Senate: * * 45 CHAP. 425.-AnAct Making appropriations for the construction, March 3, 1899. repair, and preservation of certain public works on rivers and harbors, and for other purposes. [Public,No.189.] 30 Stats. L., p. 1121. Improving Pearl Harbor, Hawaii, in accordance with Pearl Harbor, the report submitted by Rear-Admiral Walker, July Hawaii. eleventh, eighteen hundred and ninety-four, and contained in Senate Executive Document Number Forty-two, Fifty-third Congress, third session: Completing improvement, one hundred thousand dollars. * * * * Fifty-sixth Congress, first session. CHAP. 339.-An Act To provide a government for the Territory of Hawaii. Be it enacted by the Senate and House of representatives of the United States of America in Congress assembled, April 30, 1900. [Public, No. 82.] 31 Stats. L., p. 141. Hawaii. Provisions for government of. CHAPTER I.-GENERAL PROVISIONS. DEFINITIONS. SEC. 1. That the phrase "the laws of Hawaii," as used in this Act without qualifying words, shall mean the constitution and laws of the Republic of Hawaii, in force on the twelfth day of August, eighteen hundred and ninetyeight, at the time of the transfer of the sovereignty of the Hawaiian Islands to the United States of America. The constitution and statute laws of the Republic of Hawaii then in force, set forth in a compilation made by Sidney M. Ballou under the authority of the legislature, and published in two volumes entitled "Civil Laws" and "Penal Laws," respectively, and in the Session Laws of the Legislature for the session of eighteen hundred and ninety-eight, are referred to in this Act as "Civil Laws," "Penal Laws," and "Session Laws." -"laws of Hawaii.' "Civil laws,' etc. TERRITORY OF HAWAII. SEC. 2. That the islands acquired by the United States of America under an Act of Congress entitled "Joint resolution to provide for annexing the Hawaiian Islands to the United States," approved July seventh, eighteen hundred and ninety-eight, shall be known as the Territory of Hawaii. Name of annexed territory.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. GOVERNMENT OF THE TERRITORY OF HAWAII. Government. SEC. 3. That a Territorial government is hereby established over the said Territory, with its capital at Honolulu, on the island of Oahu. CITIZENSHIP. Citizenship. SEC. 4. That all persons who were citizens of the Republic of Hawaii on August twelfth, eighteen hundred and ninety-eight, are hereby declared to be citizens of the United States and citizens of the Territory of Hawaii. And all citizens of the United States resident in the Hawaiian Islands who were resident there on or since August twelfth, eighteen hundred and ninety-eight, and all the citizens of the United States who shall hereafter reside in the Territory of Hawaii for one year shall be citizens of the Territory of Hawaii. APPLICATION OF THE LAWS OF THE UNITED STATES. Applicationof SEC. 5. That the Constitution, and, except as herein otherwise provided, all the laws of the United States which are not locally inapplicable, shall have the same force and effect within the said Territory as elsewhere in the United Proviso. States: Provided, That sections eighteen hundred and territorial laws fifty and eighteen hundred and ninety of the Revised Statto Cogr s. on utes of the United States shall not apply to the Territory right of reli-of Hawaii. goscorporations 't0md LAWS OF HAWAII. real estate. R.S.,sees.1850SEC. 6. That the laws of Hawaii not inconsistent with xE sing laws the Constitution or laws of the United States or the profontinued in visions of this Act shall continue in force, subject to repeal or amendment by the legislature of Hawaii or the Congress of the United States. Existing laws SEC. 7. That the constitution of the Republic of Hawaii repealed, and the laws of Hawaii, as set forth in the following acts, chapters, and sections of the civil laws, penal laws, and session laws, and relating to the following subjects, are hereby repealed: Civillaws. CIVIL LAWS: Sections two and three, Promulgation of laws; chapter five, Flag and seal; sections thirty to thirtythree, inclusive, Tenders for supplies; chapter seven, Minister of foreign affairs; chapter eight, Diplomatic and consular agents; sections one hundred and thirty-four and one hundred and thirty-five, National museum; chapter twelve, Education of Hawaiian youths abroad; sections one hundred and fifty to one hundred and fifty-six, inclusive, Aid to board of education; chapter fourteen, Minister of the interior; sections one hundred and sixtysix to one hundred and sixty-eight, inclusive, one hundred and seventy-four and one hundred and seventy-five, Government lands; section one hundred and ninety, Board of commissioners of public lands; section four hundred and twenty-four, Bureau of agricultureand forestry; chapter thirty-one, Agriculture and manufactures; chainter thirty-two, Ramie; chapter thirty-three, Taro flour; chap46

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 41 ter thirty-four, Development of resources; chapter thirtyfive, Agriculture; section four hundred and seventy-seven, Brands; chapter thirty-seven, Patents; chapter thirtyeight, Copyrights; sections five hundred and fifty-six and five hundred and fifty-seven, Railroad subsidy; chapter forty-seven, Pacific cable; chapter forty-eight, Hospit als; chapter fifty-one, Coins and currency; chapter fifty-four, Consolidation of public debt; chapter fifty-six, Post-office; chapter fifty-seven, Exemptions from postage; chapter fifty-eight, Postal savings banks; chapter sixty-five, Inmport duties; chapter sixty-six, Imports; chapter sixtyseven, Ports of entry and collection districts; chapter sixty-eight, Collectors; chapter sixty-nine, Registry of vessels; section one thousand and eleven, Custom-house charges; section eleven hundred and two, Elections; section eleven hundred and thirty-two, Appointment of magistrate; last clause of first subdivision and fifth subdivision of section eleven hundred and forty-four, first subdivision of section eleven hundred and forty-five, Jurisdiction; sections eleven hundred and seventy-three to eleven hundred and seventy-eight, inclusive, Translation of decisions; section eleven hundred and eightyeight, Clerks of court; sections thirteen hundred and twenty-nine, thirteen hundred and thirty-one, thirteen hundred and thirty-two, thirteen hundred and forty-seven to thirteen hundred and fifty-four, inclusive, Juries; sections fifteen hundred and nine to fifteen hundred and fourteen, inclusive, Maritime matters; chapter one hundred and two, Naturalization; section sixteen hundred and seventy-eight, Habeas corpus; chapter one hundred and eight, arrest of debtors; subdivisions six, seven, ten, twelve to fourteen of section seventeen hundred and thirty-six, Garnishment; sections seventeen hundred and fifty-five to seventeen hundred and fifty-eight, inclusive, Liens on vessels; chapter one hundred and sixteen, Bankruptcy, and sections eighteen hundred and twenty-eight to eighteen hund red and thirty-two, inclusive, Water rights. PENAL LAWS: Chapter sixi.Treason; section sixty-five-penal laws reto sixty-seven, inclusive, Foot binding; chapter seventeen, pealed. Violation of postal laws; section three hundred and fourteen, Blasphemy; sections three hundred and seventy-one to three hundred and seventy-two, inclusive, Vagrants; sections four hundred and eleven to four hundred and thirteen, inclusive, Manufacture of liquors; chapter fortythree, Offenses on the high seas and other waters; sections five hundred and ninety-five and six hundred and two to six hundred and five, inclusive, Jurisdiction; section six hundred and twenty-three, Procedure; sections seven hundred and seven hundred and one, Imports; section seven hundred and fifteen, Auction license; section seven hundred and forty-five, Commercial travelers; seeLIOns seven hundred and forty-eight to seven hundred and fifty-five, inclusive, Firearms; sections seven hundred and ninety-six to eight hundred and nine, inclusive, Coasting trade; sections eight hundred and eleven and eight hundred and twelve, Peddling foreign goods; sections eight

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48 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. hundred and thirteen to eight hundred and fifteen, inclusive, Importation of live stock; section eight hundred and nineteen, Imports; sections eight hundred and eighty-six. to nine hundred and six, inclusive, Quarantine; section eleven hundred and thirty-seven, Consuls and consular agents; chapter sixty-seven, Whale ships; sections eleven hundred and forty-five to eleven hundred and seventy-, nine, inclusive, and twelve hundred and four to twelve hundred and nine, inclusive, Arrival, entry, and departure of vessels; chapters sixty-nine to seventy-six, inclusive, Navigation and other matters within the exclusive jurisdiction of the United States; sections thirteen hundred and forty-seven and thirteen hundred and forty-eight, Fraudulent exportation; chapter seventy-eight, Masters> and servants; chapter ninety-three, Immigration; sections sixteen lhun(Ired and one, sixteen hundred andi eight, an< sixteen hundred and twelve, Agriculture and forestry: chapter ninety-six, Seditious offenses; and chapter ninety nine, Sailing regulations. -session laws SESSION LAWS: Act fifteen, Elections; Act twenty-six,) repealed. Duties; Act twenty-seven, Exemptions from duties; Act thirty-two, Registry of vessels; section four of Act thirtyeight, Importation of live stock; Act forty-eight, Pacific cable; Act sixty-five, Consolidation of public debt; Act: sixty-six, Ports of entry; and Act sixty-eight, Chinese immigration. CERTAIN OFFICES ABOLISHED. Certain ofSEC. 8. That the offices of President, minister of foreign fiees abolished. affairs, minister of the interior, minister of finance, minister of public instruction, auditor-general, deputy auditor-general, surveyor-general, marshal, and deputy marshal of the Republic of Hawaii are hereby abolished. AMENDMENT OF OFFICIAL TITLES. Amendment SEC. 9. That wherever the words "President of the Re-E of official titles. public of Hawaii," or "Republic of Hawaii," or "Government of the Republic of Hawaii," or theirequivalents, occur in the laws of Hawaii not repealed by this Act, they are hereby amended to read Governor of the Territory of Hawaii," or "Territory of Hawaii," or "Government of the Territory of Hawaii," or their equivalents, as th context requires. CONSTRUCTI JN OF EXISTING STATUTES. Existing obliSEC. 10. That all rights of action, suits at law and if gations, etc., unaffected. equity, prosecutions, and judgments existing prior to thpi taking effect of this Act shall continue to be as effectual as if this Act had not been passed; and those in favor of or against the Republic of Hawaii, and not assumed bf or transferred to the United States, shall be equally valid in favor of or against the government of the Territory of --existing ofHawaii. All offenses which by statute then in force wed fences. punishable as offenses against the Republic of Hawa' i.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 49 shall be punishable as offenses against the government of the Territory of Hawaii, unless such statute is inconsistent with this Act, or shall be repealed or changed by law. No person shall be subject to imprisonment for nonpayment of taxes nor for debt. All criminal and penal pro-criminal, etc. ceedings then pending in the courts of the Republic of proceedings. Hawaii shall be prosecuted to final judgment and execution in the name of the Territory of Hawaii; all such proceedings, all actions at law, suits in equity, and other proceedings then pending in the courts of the Republic of Hawaii shall be carried on to final judgment and execution in the corresponding courts of the Territory of Hawaii; and all process issued and sentences imposed before this Act takes effect shall be as valid as if issued or imposed in the name of the Territory of Hawaii: Provided, Provisos. That no suit or proceedings shall be maintained for the labor, etc for specific performance of any contract heretofore or hereafter entered into for personal labor or service, nor shall any remedy exist or be enforced for breach of any such contract, except in a civil suit or proceeding instituted solely to recover damages for such breach: Provided furmerchant seather, That the provisions of this section.shall not modify or change the laws of the United States applicable to merchant seamen. That all contracts made since August twelfth, eighteen Contracts for a definite term hundred and ninety-eight, by which persons are held for of service void, service for a definite terni, are hereby declared null and etc. void and terminated, and no law shall be passed to enforce said contracts in any way; and it shall be the duty of the United States marshal to at once notify such persons so held of the termination of their contracts. That the Act approved February twenty-sixth, eighteen Contract labor -laws made aphundred and eighty-five, "To prohibit the importation plicable. and migration of foreigners and aliens under contract or agreement to perform labor in the United States, its Territories, and the District of Columbia," and the Acts amendatory thereof and supplemental thereto, be, and the same are hereby, extended to and made applicable to the Territory of Hawaii. STYLE OF PROCESS. SEC. 11. That the style of all process in the Territorial style of proccourts shall hereafter run in the name of "The Territory of Hawaii," and all prosecutions shall be carried on in the name and by the authority of the Territory of Hawaii. CHAPTER 11.-THE LEGISLATURE. THE LEGISLATIVE POWER. SEC. 12. That the legislature of the Territory of Hawaii o tw onsist of shall consist of two houses, styled, respectively, the sen-tw oss ate and house of representatives, which shall organize and sit separately, except as otherwise herein provided. S. Doc. 105, 58-2---4

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50 LAWS -style. -qualifications of members. RELATING TO INSULAR AND MILITARY AFFAIRS. The two houses shall be styled "The legislature of the Territory of Hawaii." SEC. 13. That no person shall sit as a senator or representative in the legislature unless elected under and in conformity with this Act. GENERAL ELECTIONS. SEC. 14. That a general election shall be held on the Tuesday next after the first Monday in November, nineProviso. teen hundred, and every second year thereafter: Protispecial eecided, however, That.the governor may, in his discretion, on thirty days' notice, order a special election before the first general election, if, in his opinion, the public inter. ests shall require a special session of the legislature. EACH HOUSE JUDGE OF QUALIFICATIONS OF MEMBERS. ach of uise SEC. 15. That each house shall be the judge of the eleccations of memtions, returns, and qualifications of its own members. bers. DISQUALIFICATIONS OF LEGISLATORS. DisqualificaSEC. 16. That no member of the legislature shall, durtos of legislaing the term for which he is elected, be appointed or elected to any office of the Territory of Hawaii. DISQUALIFICATIONS OF GOVERNMENT OFFICERS AND EMPLOYEES.' Government SEC. 17. That no person holding office in or under or by officers ineligible as legislaauthority of the Government of the United States or of tors. the Territory of Hawaii shall be eligible to election to the legislature, or to hold the position of a member of the same while holding said office. Idiots, conSEC. 18. No idiot or insane person, and no person who asii e., s shall be expelled from the legislature for giving or receivvoters. ing bribes or being accessory thereto, and no person who, in due course of law, shall have been convicted of any criminal offense punishable by imprisonment, whether with or without hard labor, for a term exceeding one year, whether with or without fine, shall register to vote or shall vote or hold any office in, or under, or by authority of, the government, unless the person so convicted shall have been pardoned and restored to his civil rights. OATH OF OFFICE. Oath of office. SEC. 19. That every member of the legislature, and al officers of the government of the Territory of Hawaii, shall take the following oath or affirmation: I solemnly swear (or affirm), in the presence of Almighty God, that I will faithfully support the Constitution and laws of the United States, and conscientiously and impar tially discharge my duties as a member of the legislature, or as an officer of the government of the Territory of Hawaii (as the case may be).

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. OFFICERS AND RULES. SEC. 20. That the senate and house of representatives Officers and shall each choose its own officers, determine the rules of rules. its own proceedings, not inconsistent with this Act, and keep a journal. AYES AND NOES. SEc. 21. That the ayes and noes of the members on any Ayes and noes. question shall, at the desire of one-fifth of the members present, be entered on the journal. QUORUM. SEC. 22. That a majority of the number of members to Quorum. which each house is entitled shall constitute a quorum of such house for the conduct of ordinary business, of which quorum a majority vote shall suffice; but the final passage of a law in each house shall require the vote of a majority of all the members to which such house is entitled. SEC. 23. That a smaller number than a quorum may -smaller numadjourn from day to day, and compel the attendance of odur-mayma absent members, in such manner and under such penalto day. ties as each house may provide. SEC. 24. That, for the purpose of ascertaining whether -ascertaining there is a quorum present, the chairman shall count the quorum. number of members present. PUNISHMENT OF PERSONS NOT MEMBERS. SEC. 25. That each house may punish by fine, or by Punishment imprisonment not exceeding thirty. days, any person not ofe~rsons not a member of either house who shall be guilty of disrespect of such house by any disorderly or contemptuous behavior in its presence or that of any committee thereof; or who -offenses speci shall, on account of the exercise of any legislative funcfled. tion, threaten harm to the body or estate of any of the members of such house; or who shall assault, arrest, or detain any witness or other person ordered to attend such house, on his way going to or returning therefrom; or who shall rescue any person arrested by order of such house. But the person charged with the offense shall be informed, Accused to be Writing, of the charge made against him, and have an defense. Opportunity to present evidence and be heard in his own defense. COMPENSATION OF MEMBERS. SEC. 23. That the members of the legislature shall reCompensation ceive for their services, in addition to mileage at the rate of members. of ten cents a mile each way, the sum of four hundred dollars for each regular session of the legislature, 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 extra session of the legislature. 51

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52 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. PUNISHMENT OF MEMBERS. Punishment of members. Exemption from liability. SEC. 27. That each house may punish its own members for disorderly behavior or neglect of duty, by censure, or by a two-thirds vote suspend or expel a member. EXEMPTION FROM LIABILITY. SEC. 28. That no member of the legislature shall be helh; to answer before any other tribunal for any words uttered in the exercise of his legislative functions in either house. EXEMPTION FROM ARREST. Exemption from arrest. Protiso. -limitation. Term of ice. Proviso. Division classes. Vacancies Senatorial tricts. Apporti ment. SEC. 29. That the members of the legislature shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at the ses" sions of the respective houses, and in going to and return. ing from the same: Provided, That such privilege as to going and returning shall not cover a period of over ten days each way. THE SENATE. NUMBER OF MEMBERS. ervSEC. 30. That the Senate. shall be composed of fifteen members, who shall hold office for four years: Provided, into however, That of the senators elected at the first general. election, two from the first district, one from the second, three from the third, and one from the fourth district shall hold office for two years only, the details of such apportionment to be provided for by the legislature. VACANCIES. .SEC. 31. That vacancies caused by death, resignation, or otherwise shall be filled for the unexpired term at general or special elections. SENATORIAL DISTRICTS. disonSEC. 32. That for the purpose of representation in tlE senate, until otherwise provided by law, the Territory i, divided into the following senatorial districts, namely: First district: The island of Hawaii. Second district: The islands of Maui, Molokai, Lanal and Kahoolawe. Third district: The island of Oahu. Fourth district: The islands of Kauai and Niihau. SEC. 33. That the electors in the said districts shall b entitled to elect senators as follows: In the first district, four; In the second district, three; In the third district, six; In the fourth district, two.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. QUALIFICATIONS OF SENATORS. SEC. 34. That in order to be eligible to election as a Qualifications senator a person shallBe a male citizen of the United States; Have attained the age of thirty years; Have resided in the Hawaiian Islands not less than three years and be qualified to vote for senators in the district from which he is elected. THE HOUSE OF REPRESENTATIVES. House of representatives. NUMBER OF REPRESENTATIVES. SEC. 35. That the house of representatives shall be comNumber of representatives, posed of thirty members, elected, except as herein proetc. vided, every second year. TERM OF OFFICE. SEC. 36. That the term of office of the representatives Termofoffice. elected at any general or special election shall be until the next general election held thereafter. VACANCIES. SEC. 37. That vacancies in the office of representative vacancies. caused by death, resignation, or otherwise shall be filled for the unexpired term at special elections. REPRESENTATIVE DISTRICTS. SEC. 38. That for the purpose of representation in the Representa house of representatives, until otherwise provided by law, the Territory is divided into the following representative districts, namely: First district: That portion of the island of Hawaii known as Puna, Hilo, and Hamakua. Second district: That portion of the island of Hawaii known as Kau, Kona, and Kohala. Third district: The islands of Maui, Molokai, Lanai, and Kahoolawe. Fourth district: That portion of the island of Oahu lying east and south of Nuuanu street and a line drawn in extension thereof from the Nuuanu Pali to Mokapu Point. Fifth district: That portion of the island of Oahu lying west and north of the fourth district. Sixth district: The islands of Kauai and Niihau. APPORTIONMENT. SEC. 39. That the electors in the said districts shall be Apportionentitled to elect representatives as follows: meant. In the first district, four; In the second district, four; In the third district, six; In the fourth district, six; In the fifth district, six; In the sixth district, four. 53

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6LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. QUALIFICATIONS OF REPRESENTATIVES. Qualifications of representatives. SEC. 40. That in order to be eligible to be a member of the house of representatives a person shall, at the time of electionHave attained the age of twenty-five years; Be a male citizen of the United States; Have resided in the Hawaiian Islands not less than three years; And shall be qualified to vote for representatives in th district from which he is elected. Legislation LEGISLATION. SESSIONS OF THE LEGISLATURE. Sessions of SEC. 41. That the first regular session of the legislature legislature. shall be held on the third Wednesday in February, nineteen hundred and one, and biennially thereafter, in Honolulu. SEC. 42. That neither house shall adjourn during any session for more than three days, or sine die, without th consent of the other. -duration of. SEC. 43. That each session of the legislature shall continue not longer than sixty days, excluding Sundays and Proviso. holidays: Provided, however, That the governor may ex. -extension. tend such session for not more than thirty days. Special sesThe governor may convene the legislature, or the senate alone, in special session, and, in case the seat of govern Session at ment shall be unsafe from an enemy, riot, or insurrection oer than Capor any dangerous disease, direct that any regular or spe cial session shall be held at some other than the regular meeting place. 2 nact clause. English guage. ENACTING CLAUSE-ENGLISH LANGUAGE. in g SEC. 44. That the enacting clause of all laws shall b "Be it enacted by the legislature of the Territory d Hawaii." lanAll legislative proceedings shall be conducted in tl English language. TITLE OF LAWS. Title of laws. SEC. 45. That each law shall embrace but one subject' which shall be expressed in its title. READING OF BILLS. Reading of bills. -final passage. SEC. 46. That a bill in order to become a law shall, 4 cept as herein provided, pass three readings in each hour on separate days, the final passage of which in each hov shall be by a majority vote of all the members to which such house is entitled, taken by ayes and noes and ea tered upon its journal.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 55 CERTIFICATION OF BILLS FROM ONE HOUSE TO THE OTHER. SEC. 47. That every bill when passed by the house in Certification ofbills from one which it originated, or in which amendments thereto shall house to anhave originated, shall immediately be certified by the preother. siding officer and clerk and sent to the other house for consideration. SIGNING BILLS. SEC. 48. That, except as herein provided, all bills signing bills. passed by the legislature shall, in order to be valid, be signed by the governor. VETO OF GOVERNOR. SEC. 49. That every bill which shall have passed the veto of govlegislature shall be certified by the presiding officers and ernor. clerks of both houses, and shall thereupon be presented to the governor. If he approves it, he shall sign it, and it shall become a law. If the governor does not approve such bill, he may return it, with his objections, to the legislature. He may veto any specific item or items in any bill which appropriates money for specific purposes; but shall veto other bills, if at all, only as a whole. PROCEDURE UPON RECEIPT OF VETO. SEC. 50. That upon the receipt of a veto message from Procedure tho governor each house of the legislature shall enter the uton receipt of same at large upon its journal and proceed to reconsider such bill, or part of a bill, and again vote upon it by ayes and noes, which shall be entered upon its journal. If after such reconsideration such bill, or part of a bill, shall be approved by a two-thirds vote of all the members to which each house is entitled, it shall thereby become law. FAILURE TO SIGN OR VETO. SEC. 51. That if the governor neither signs nor vetoes a Failuretosign bill within ten days after it is delivered to him it shall or veto. become a law without his signature, unless the legislature adjourns sine die prior to the expiration of such ten days. If anybill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislature by their adjournment prevents its return, in which case it shall not be a law. APPROPRIATIONS. SEC. 52. That appropriations, except as otherwise herein iApr ia provided, shall be made biennallyby the legislature: Pronally. vided, however, That pending the time when this Act shall ptd;.m.'

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56 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Use of funds take effect and until a session of the legislature of the treasury aunTerritory of Hawaii shall be held, the President may, in' thorized. his discretion, authorize and direct the use of such money in the treasury of the Republic of Hawaii as well as of the Territory of Hawaii, as he shall think requisite and proper for carrying on the government of the Territory of Hawaii, the preservation of the public health, the completion of the sewerage system of the city of Honolulu, and such other expenditures as in the President's judgment shall seem to be appropriate. Estimates for SEC. 53. That the governor shall submit to the legislaappropriations. ture, at each regular session, estimates for appropriations for the succeeding biennial period. Failure to apSEC. 54. That in case of failure of the legislature to pass cur ret ex appropriation bills providing for payments of the necespenses. sary current expenses of carrying on the government and meeting its legal obligations as the same are provided for by the then existing laws, the governor shall, upon the -extra session. adjournment of the legislature, call it in extra session for the considerations of appropriation bills, and until the legislature shall have acted the treasurer may, with the advice of the governor, make such payments, for which purpose the sums appropriated in the last appropriation bills shall be deemed to have been reappropriated. And all legislative and other appropriations made prior to the date when this Act shall take effect, shall be available to the government of the Territory of Hawaii. LEGISLATIVE POWER. Legislative SEC. 55. That the legislative power of the Territory shall scope of. extend to all rightful subjects of legislation not inconsist ent with the Constitution and laws of the United States locally applicable. The legislature, at its first regular session after the census enumeration shall be ascertained, and from time to time thereafter, shall reapportion the membership in the senate and house of representatives among the senatorial and, representative districts on the basis of the population in each of said districts who are -e xc lusi ve citizens of the Territory; but the legislature shall not grant privileges, etc.,. to corporations. to any corporation, association, or individual any special tpivate charor exclusive privilege, innunity, or franchise without the -incorporaapproval of Congress; nor shall it grant private charters, tons. but it may by general act permit persons to associate thenselves together as bodies corporate for manufacturing, agricultural, and other industrial pursuits, and for conducting the business of insurance, savings banks, banks of discount and deposit (but not of issue), loan, trust, and guaranty associations, for the establishment and conduct of cemeteries, and for the construction and operation of railroads, wagon roads, vessels, and irrigating ditches, and the colonization and improvement of lands in connection therewith, or for colleges, seminaries, churches, libraries, eo state or any other benevolent, charitable, or scientific associaholdings of cortion: Provided, That no corporation, domestic or foreign, portions lmiacquire a real estate in H in e s o ted, etc. shall aqieand hol raestei awain excess o

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. one thousand acres; and all real estate acquired or held by such corporation or association contrary hereto shall be forfeited and escheat to the United States, but existing vested rights in real estate shall not be impaired. No Divorce. divorce shall be granted by the legislature, nor shall any divorce be granted by the courts of the Territory unless the applicant therefor shall have resided in the Territory for two years next preceding the application, but this provision shall not affect any action pending when this Act takes effect; nor shall any lottery or sale of lottery tickets Lotteries. be allowed; nor shall spirituous or intoxicating liquors be Liquors. sold except under such regulations and restrictions as the Territorial legislature shall provide; nor shall any public sectarianetc., money be appropriated for the support or benefit of any schools. sectarian, denominational, or private school, or any school not under the exclusive control of the government; nor Government shall the government of the Territory of Hawaii, or ansubscription to ro any stck of corpopolitical or municipal corporation or subdivision of the rations, etc. Territory, make any subscription to the capital stock of any incorporated company, or in any manner lend its credit for the use thereof; nor shall any debt be authorContracting ized to be contracted by or on behalf of the Territory, restricted, etc. 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, and harbor and other public improvements, but the total of such indebtedness incurred in any one year by the Territory or any subdivision shall not exceed one per centum upon the assessed value of taxable property of the Territory or subdivision thereof, as the case may be, as shown by the last general assessment for taxation, and the total indebtedness for the Territory shall not at any time be extended beyond seven per centum of such assessed value, and the total indebtednessof any subdivision shall not at any time be extended beyond three per centum of such assessed value, but nothing in this provision shall prevent the refunding of any existing indebtedness at any time; nor shall any such loan be made upon the credit of the public domain or any part thereof, nor shall any bond or other instrument of any such indebtedness be issued unless made redeemable in not more than five years and payable in not more than fifteen years from the date of the issue thereof; nor shall any such bond or indebtedness be incurred until approved by the President of the United States. TOWN, CITY, AND COUNTY GOVERNMENT. SEC. 56. That the legislature may create counties and Towns, etc., town and city municipalities within the Territory of Hagovernment. Wai and provide for the government thereof. 57

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58 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Elections. ELECTIONS. EXEMPTION OF ELECTORS ON ELECTION DAY. SEC. 57. That every elector shall be privileged from arrest on election day during his attendance at election and in going to and returning therefrom, except in case of breach of the peace then committed, or in case of treason or felony. Exemption of SEC. 58. That no elector shall be so obliged to perform electors on ekec tion day. -military duty on the day of election as to prevent his voting except in time of war or public danger, or in case of absence from his place of residence in actual military service, in which case provision may be made by law for taking his vote. METHOD OF VOTING FOR REPRESENTATIVES. ine hodofSEC. 59. That each voter for representative may cast a sentatives. vote for as many representatives as are to be elected from the representative district in which he is entitled to vote. The required number of candidates receiving the high. est number of votes in the respective representative districts shall be the representatives for such districts. QUALIFICATIONS OF VOTERS FOR REPRESENTATIVES. Qualification SEC. 60. That in order to be qualified to vote for repreof voters for representa-sentatives a person shalltives. First. Be a male citizen of the United States. Second. Have resided in the Territory not less than one year preceding and in the representative district in which he offers to register not less than three months immediately preceding the time at which he offers to register. Third. Have attained the age of twenty-one years. Fourth. Prior to each regular election, during the time prescribed by law for registration, have caused his name to be entered on the register of voters for representatives for his district. Fifth. Be able to speak, read, and write the English or Hawaiian language. METHOD OF VOTING FOR SENATORS. iMethodotSEC. 61. That each voter for senator may cast one vote iug for Senators. for each senator to be elected from the senatorial district in which he is entitled to vote. The required number of candidates receiving the highest number of votes in the respective senatorial districts shall be the senators for such district. QUALIFICATIONS OF VOTERS FOR SENATORS AND IN ALL OTHER ELECTIONS. Qualifications of voters for SEC. 62. That in order to be qualified to vote for senS senators and in othr lecios.tors and for voting in all other elections in the Territory

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of Hawaii a person must possess all the qualifications and be subject to all the conditions required by this Act of voters for representatives. SEC. 63. That no person shall be allowed to vote who. Mintary serviee in Territory, is in the Territory by reason of being in the Army or Navy disqualification. or by reason of being attached to troops in the service of the United States. SEC. 64. That the rules and regulations for administerBalon's Compilation. ing oaths and holding elections set forth in Ballou's ComProvisions as pilation, Civil Laws, Appendix, and the list of registering to nats'e~tc districts and precincts appended, are continued in force force. with the following changes, to wit: Strike out the preliminary proclamation and sections -except one to twenty-six, inclusive, sections thirty and thirtynine, the second and third paragraphs of section fortyeight, the second paragraph of section fifty, and sections sixty-two, sixty-three, and sixty-six, second paragraph of section one hundred. In section twenty-nine strike out all after the word "Niihau" and in lieu thereof insert: "The boards of registration existing at the date of the approval of this Act shall go out of office, and new boards, which shall consist of three members each, shall be appointed by the governor, by and with the advice and consent of the senate, whose terms of office shall be four years. Appointments made by the governor when the senate is not in session shall be valid until the succeeding meeting of that body." In section thirty-one strike out "the first day of April and the thirtieth day of June, in the year eighteen hundred and ninety-seven," and insert in lieu thereof "the last day of August and the tenth day of October, in the year nineteen hundred." Strike out the words "and the detailed record" in sections fifty-two and one hundred and twelve. Strike out marshal" wherever it occurs and insert in lieu thereof "high sheriff." Strike out of section fifty-three the words except as provided in section one hundred and fourteen hereof." In sections fifty-three, fifty-four, fifty-six, fifty-seven, fifty-nine, sixty, seventy-one, seventy-five, eighty-six, nnety-two, ninety-three, ninety-four, ninety-five, one hundred and eleven, one hundred and twelve, and one hundred and thirteen strike out the words "minister and "minister of the interior wherever they occur and insert in lien thereof the words secretary of the Territory." In section fifty-six, paragraph three, strike out "interior office" and insert office of the secretary of the Territory," In section fifty-six, first paragraph, after the words candidate for election" insert "to the legislature;" and in the last paragraph strike out the word "only." Strike out the word "elective" in section sixty-four. In sections twenty-seven, sixty-four, sixty-five, sixtyeight, seventy, and seventy-two strike out the words minister of the interior" or "minister" wherever they occur and insert in lieu thereof the word governor." UNIOF MICI. LSAW LIBRARY 59

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60 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Amend section sixty-seven so that it will read: "At least forty days before any election the governor shall issue an election proclamation and transmit copies of the same to the several boards of inspectors throughout tlu Territory, or where such election is to be held." In section seventy-five strike out the word "perfectly,' and in section seventy-six strike out in" and insert on.' In section one hundred and twelve strike out "interior department" and insert in lieu thereof "office of the seeretary of the Territory." In section one hundred and fourteen strike out the wore Republic wherever it occurs and insert in lieu there Territory." In section one hundred and fifteen strike out the word "minister" and minister of the interior" and insert in lien thereof "treasurer," and strike out all after the word "refreshments:" Provided, however, That for the holding of a special election before the first general election tau governor may prescribe the time during which the board! of registration shall meet and the registration be made. Al t e r i n g SEC. 65. That the legislature of the Territory may front boundaries o f election dostime to time establish and alter the boundaries of electio tricts. districts and voting precincts and apportion the senator and representatives to be elected from such districts. CHAPTER 3.-THE EXECUTIVE. THE EXECUTIVE POWER. Governor. SEC. 66. That the executive power of the government of the Territory of H-awaii shall be vested in a governor, who shall be appointed by the President, by and with the advice and consent of the Senate of the United States, and shall hold office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. Le shall be not less than thirty-five years of age; shall bea citizen of the TerritoryoflIawaii; shall be commander in chief of the militia thereof ; mnay grant pardons or reprieves for offenses against the laws of the said Territory and reprieves for offenses against the laws of the United States until the decision of the President is made known thereon. ENFORCEMENT OF LAW. PowersofgovSEC. 67. That the governor shall be responsible for the ernor. faithful execution of the laws of the United States and of the Territory of Hawaii within the said Territory, and whenever it becomes necessary he may call upon the commanders of the military and naval forces of the United States in the Territory of Hawaii, or summon the posse comitatus, or call out the militia of the Territory to prevent or suppress lawless violence, invasion, insurrection, or rebellion in said Territory, and he may, in case of rebellion or invasion, or imminent danger thereof, when the public safety requires it, suspend the privilege of the 'I

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. writ of habeas corpus, or place the Territory, or any part thereof, under martial law until communication can be had with the President and his decision thereon made known. GENERAL POWERS OF THE GOVERNOR. SEC. 6S. That all the powers and duties which, by the -general powlaws of Hawaii, are conferred upon or required of the President or any minister of the Republic of Hawaii (acting alone or in connection with any other officer or person or body) or the cabinet or executive council, and not inconsistent with the Constitution or laws of the United States, are conferred upon and required of the governor of the Territory of Hawaii, unless otherwise provided. SECRETARY OF THE TERRITORY. SEC. 69. That there shall be a secretary of the said Tersecretary of ritory, who shall be appointed by the President, by and Trtory, duwith the advice and consent of the Senate of the United States, and who shall be a citizen of the Territory of Hawaii and hold his office for four years and until his successor shall be appointed and qualified, unless sooner removed by the President. He shall record and preserve all the laws and proceedings of the legislature and all acts and proceedings of the governor, and promulgate proclamations of the governor. He shall, within thirty days after the end of each session of the legislature, transmit to the President, the President of the Senate, and the Speaker of the House of Representatives of the United States one copy each of the laws and journals of such session. le shall transmit to the President, semiannually, on the first days of January and July, a copy of the executive proceedings, and shall perform such other duties as are prescribed in this Act or as may be required of him by the legislature of Hawaii. ACTING GOVERNOR IN CERTAIN CONTINGENCIES. SEC. 70. That in case of the death, removal, resigna-when acting ti > >
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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. TREASURER. Treasurer,duSEC. 72. That there shall be a treasurer, who shall have ties, ete. the powers and duties of the minister of finance and those of the powers and duties of the minister of the interior which relate to licenses, corporations, companies, and partnerships, business conducted by married women, newspapers, registry of conveyances, and registration of prints, labels, and trade-marks under the laws of Hawaii, except as changed in this Act and subject to modification by the legislature. Commissioner COMMISSIONER OF PUBLIC LANDS. of public lands. SEC. 73. That the laws of Hawaii relating to public lands, the settlement of boundaries, and the issuance of patents on land-commission awards, except as changed by Public-land this Act, shall continue in force until Congress shall otherlaws, sales, etc., continued in wise provide. That, subject to the approval of the Presiforce, dent, all sales, grants, leases, and other dispositions of the public domain, and agreements concerning the same, and all franchises granted by the Hawaiian government in conformity with the laws of Hawaii between the seventh day of July, eighteen hundred and ninety-eight, and the twenty-eighth day of September, eighteen hundred and Change of ninety-nine, are hereby ratified and confirmed. In said terms. laws "land patent" shall be substituted for "royal patent;" "commissioner of public lands" for "minister of the interior," "agent of public lands," and "commissioners of public lands," or their equivalents; and the words "that I am a citizen of the United States," or "that I have declared my intention to become a citizen of the United States, as required by law," for the words "that I am a citizen by birth (or naturalization) of the Republic of Hawaii," or "that I have received letters of denization under the Republic of Hawaii," or "that I have received a certificate of special right of citizenship from the ReLease of agripublic of Hawaii." And no lease of agricultural land cultural d. shall be granted, sold, or renewed by the government of the Territory of Hawaii for a longer period than five years until Congress shall otherwise direct. All funds arising from the sale or lease or other disposal of such lands shall be appropriated by the laws of the government of the Territory of Hawaii and applied to such uses and purposes for the benefit of the inhabitants of the Territory of Hawail as are consistent with the joint resolution of annexation, approved July seventh,eighteen hundred and ninety-eight: Proviso. Provided, There shall be excepted from the provisions of -exception. this section all lands heretofore set apart, or reserved, by Executive order, or orders, by the President of the United States. Commissioner COMMISSIONER OF AGRICULTURE AND FORESTRY. of Agriculture and Forestry. Laws continSEC. 74. That the laws of Hawaii relating to agriculture and forestry, except as changed by this Act, shall continue in force, subject to modification by Congress or the 62

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. legislature. In said laws commissioner of agriculture and tehs ng e of forestry shall be substituted, respectively, for "bureau," "bureau of agriculture and forestry," "commissioner," "commissioners of agriculture," and commissioners for the island of Oahu." SUPERINTENDENT OF PUBLIC WORKS. SEC. 75. That there shall be a superintendent of public eSupeinttendworks, who shall have the powers and duties of the superworks. intendent of public works and those of the powers and -duties, etc. duties of the minister of the Interior which relate to streets and highways, harbor improvements, wharves, landings, waterworks, railways, electric light and power, telephone lines, fences, pounds, brands, weights and measures, fires and fireproof buildings, explosives, eminent domain, public works, markets, buildings, parks and cemeteries, and other grounds and lands now under the control and management of the minister of the interior, and those of the powers and duties of the minister of finance and collectorgeneral which relate to pilots and harbor masters under the laws of Hawaii, except as changed by this Act and subject to modification by the legislature. In said laws Change of the word "legislature" shall be substituted for "counterms. cils" and the words the circuit court "for the Hawaiian Postal Savings Bank." SUPERINTENDENT OF PUBLIC INSTRUCTION. SEC. 76. That there shall be a superintendent of public e uperintendinstruction, who shall have the powers and perform the instruction. duties conferred upon and required of the minister of pub-duties, etc. lic instruction by the laws of Hawaii as amended by this Act, and subject to modification by the legislature. It shall be the duty of the United States Commissioner Labor static of Labor to collect, assort, arrange, and present in annual tics. reports statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other subjects as Congress may, by law, direct. The said commissioner is especially charged to ascertain, at as early a date as possible, and as often thereafter as such information may be required, the highest, lowest, and average number of employees engaged in the various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress. AUDITOR AND DEPUTY AUDITOR. SEC. 77. That there shall be an auditor and deputy auAnditor and ditor, who shall have the powers and duties conferred upon duti, etc. and required of the auditor-general and deputy auditorgeneral, respectively, by act thirty-nine of the Session Laws, as amended by this Act, subject to modification 63

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64 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Surveyor. High sheriff. by the legislature. In said act "officer" shall be substituted for "minister" where used without other designation. SURVEYOR. SEC. 78. That there shall be a surveyor, who shall have the powers and duties heretofore attached to the surveyorgeneral, except such as relate to the geodetic survey of the Hawaiian Islands. HIGH SHERIFF. SEC. 79. That there shall be a high sheriff and deputies, who shall have the powers and duties of the marshal and deputies of the Republic of Hawaii under the laws of Hawaii, except as changed by this Act, and subject to modification by the legislature. APPOINTMENT, REMOVAL, TENURE, AND SALARIES OF OFFICERS. Appointment SEC, 80. That the President shall nominate and, by and of officers. with the advice and consent of the Senate, appoint the chief justice and justices of the supreme court, the judges of the circuit courts, who shall hold their respective offices for the term of four years, unless sooner removed by the President; and the governor shall nominate and, by and with the advice and consent of the senate of the Territory of Hawaii, appoint the attorney-general, treasurer, commissioner of public lands, commissioner of agriculture and forestry, superintendent of public works, superintendent of public instruction, auditor, deputy auditor, surveyor, high sheriff, members of the board of health, commissioners of public instruction, board of prison inspectors, board of registration and inspectors of election, and any other boards of a public character that may be created by law; and he may make such appointments when the senate is not in session by granting commissions, which shall, unless such appointments are confirmed, expire at the -removal. end of the next session of the senate. He may, by and with the advice and consent of the senate of the Territory of Hawaii, remove from office any of such officers. All Termof office. such officers shall hold office for four years and until their successors are appointed and qualified, unless sooner removed, except the commissioners of public instruction and the members of said boards, whose terms of office shall be as provided by the laws of the Territory of Hawaii. Appointment, The manner of appointment and removal and the tenetc., of unspecified officers. ure of all other officers shall be as provided by law; and the governor may appoint or remove any officer whose appointment or removal is not otherwise provided for. Salaries. The salaries of all officers other than those appointed by the President shall be as provided by the legislature, but those of the chief justice and the justices of the supreme court and judges of the circuit courts shall not be diminished during their term of office.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. All officers appointed under the provisions of this seeOfficers to be citizens. tion shall be citizens of the Territory of Hawaii. All persons holding office in the Hawaiian Islands at the Preseent in-t time this Act takes effect shall continue to hold their rehold until sucspective offices until their successors are appointed and esor appointqualified, but not beyond the end of the first session of the senate of the Territory of Hawaii unless reappointed as herein provided. CHAPTER IV. THE JUDICIARY. SEC. 81. That the judicial power of the Territory shall Thejudiciary. be vested in one supreme court, circuit courts, and in such inferior courts as the legislature may from time to time establish. And until the legislature shall otherwise provide, the laws of Hawaii heretofore in force concerning the several courts and their jurisdiction and procedure shall continue in force except as herein otherwise provided. SUPREME COURT. SEC. 82. That the supreme court shall consist of a chief coS Ir r e M e justice and two associate justices, who shall be citizens of -of what to the Territory of Hawaii and shall be appointed by the consist. President of the United States, by and with the advice and consent of the Senate of the United States, and may be removed by the President: Provided, however, That Troviso. in case of the disqualification or absence of any justice Absence of thereof, in any cause pending before the court, on the justices. trial and determination of said cause his place shall be filled as provided by law. LAWS CONTINUED IN FORCE. SEC. 83. That the laws of Hawaii relative to the juditiLnawsn iconcial department, including civil and criminal procedure, except as amended by this Act, are continued in force, subject to modification by Congress, or the legislature. The provisions of said laws or any laws of the Republic _Juries. -eelof cerof Hawaii which require juries to be composed of aliens tain provisions, or foreigners only, or to be constituted by impaneling natives of Hawaii only, in civil and criminal cases specified in said laws, are repealed, and all juries shall hereafter be constituted without reference to the race or place of nativity of the jurors; but no person who is not a male -qualifications. citizen of the United States and twenty-one years of age and who can not understandingly speak, read, and write the English language shall be a qualified juror or grand juror in the Territory of Hawaii. No person shall be convicted in any criminal.case except by unanimous verdict of the jury. No plaintiff or defendant in ahny suit or-of one me proceeding in a court of the Territory of Hawaii shall be only, etc. entitled to a trial by a jury impaneled exclusively from S. Doc. 105, 58-2-5 65

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66 LAWS -grand juries. RELATING TO INSULAR AN) MILITARY AFFAIRS. persons of any race. Until otherwise provided by thv legislature of the Territory, grand juries may be drawn in the manner provided by the Hawaiian statutes for drawing petty juries, and shall sit at such times as the circuit judges of the respective circuits shall direct; the number of grand jurors in each circuit shall be not less than thirteen, and the method of the presentation of cases to said grand jurors shall be prescribed by the supreme court of the Territory of Hawaii. The several circuit courts may subpwna witnesses to appear before the grand jury in like manner as they subpoena witnesses to appear before their respective courts. DISQUALIFCATION BY RELATIONSHIP, PECUNIARY INTEREST, OR PREVIOUS JUDGMENT. DisqualificaSEC. 84. That no person shall sit as a judge or juror in tion of judge or jury, any case in which his relative by affinity or by consanguinity within the third degree is interested, either as a plaintiff or defendant, or in the issue of which the said judge or juror may have, either directly or through such relative, any pecuniary interest. No judge shall sit on an appeal, or new trial, in any case, in which he may have given a previous judgment. United States officers. CHAPTER 5.-UNITED STATES OFFICERS. DELEGATE TO CONGRESS. Delegate to SEC. 85. That a Delegate to the House of Representatives Congress. of the United States, to serve during each Congress, shall be elected by the voters qualified to vote for members of the house of representatives of the legislature; such Delegate shall possess the qualifications necessary for membership of the senate of the legislature of Hawaii. The times, places, and manner of holding elections shall be as fixed by law. The person having the greatest numnber of votes shall be declared by the governor duly elected, and a certificate shall be given accordingly. Every such Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. FEDERAL COURT. Federalcourt. SEC. 86. That there shall be established in said Territory a district court to consist of one judge, who shall Appointment reside therein and be called the district judge. The Pres' of judge, etc. ident of the United States, by and with the advice and consent of the Senate of the United States, shall appoint a district judge, a district attorney, and a marshal of the United States for the said district, and said judge, attorney, and marshal shall hold office for six years unless Jurisdiction. sooner removed by the President. Said court shall have, in addition to the ordinary jurisdiction of district courts of the United States, jurisdiction of all cases cognizable in a circuit court of the United States, and shall proceed

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. therein in the same manner as a circuit court; and said judge, district attorney, and marshal shall have and exercise in the Territory of Hawaii all the powers conferred by the laws of the United States upon the judges, district attorneys, and marshals of district and circuit courts of the United States. Writs of error and appeals from said district court shall be had and allowed to the circuit court of appeals in the ninth judicial circuit in the same manner as writs of error and appeals are allowed from circuit courts to circuit courts of appeals as provided by law, and the laws of the United States relating to juries and jury trials shall be applicable to said district court. The laws of the United States relating to appeals, writs of error, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the courts of the United States and the courts of the Territory of Hawaii. Regular terms of said court shall be held at Honolulu on the second Monday in April and October and at Hilo on the last Wednesday in January of each year; and special terms may be held at such times and places in said district as the said judge may deem expedient. The said district judge shall appoint a clerk for said court at a salary of three thousand dollars per annum, and shall appoint a reporter of said court at a salary of twelve hundred dollars per annum. Procedure e, etc. Terms of court. Clerk. Reporter. INTERNAL-REVENUE DISTRICT. SEC. 87. That the Territory of Hawaii shall constitute a Internal-revdistrict for the collection of the internal revenue of the d United States, with a collector, whose office shall be at Honolulu, and deputy collectors at such other places in the several islands as the Secretary of the Treasury shall direct. CUSTOMS DISTRICT. SEC. 88. That the Territory of Hawaii shall comprise a Customs discustoms district of the United States, with ports of entry trict. and delivery at Honolulu, Hilo, Makuhona, and Kahului. CHAPTER 6.-MISCELLANEOUS. REVENUES FROM WHARVES. SEC. 89. That until further provision is made by Congress the wharves and landings constructed or controlled by the Republic of Hawaii on any seacoast, bay, roadstead, or harbor shall remain under the control of the government of the Territory of Hawaii, which shall receive and enjoy all revenuesderived therefrom, on condition tbat said property shall be kept in good condition for the use and convenience of commerce, but no tolls or charges shall be made by the government of the Territory of Hawaii for the use of any such property by the United States, or by any vessel Revenues from wharves. 67

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of war, tug, revenue cutter, or other boat or transport in the service of the United States. Disposition of SEC. 90. That Hawaiian postage stamps, postal cards, Hawaiian postage stamps. and stamped envelopes at the post-offices of the Hawaiian Islands when this Act takes effect shall not be sold, but, togetherlwith those that shall thereafter be received at such offices as herein provided, shall be canceled under the direction of the Postmaster-General of the United States; those previously sold and uncanceled shall, if presented at such offices within six months after this Act takes effect, be received at their face value in exchange for postage stamps, postal cards, and stamped envelopes of the United States of the same aggregate face value and, so far as may be, of such denominations as desired. Disposition of SEC. 91. That the public property ceded and transferred cededpto the to the United States by the Republic of Hawaii under the United States. 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 shallbe 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 governor of Hawaii. And all moneys in the Hawaiian treasury, and all the revenues and other property acquired by the Republic of Hawaii since said cession shall be and remain the property of the Territory of Hawaii. Salaries of SEC. 92. That the following officers shall receive the folgovernor, etc. lowing annual salaries, to be paid by the United States: The governor, five thousand dollars; the secretary of the Territory, three thousand dollars; the chief justice of the supreme court of the Territory, five thousand five hundred dollars, and the associate justices of the supreme court, five thousand dollars each, and the judges of the circuit courts, three thousand dollars each. The salaries of the said chief justice and the associate justices of the supreme court, and the judges of the circuit courts as above provided shall be paid by the United States; the United States district judge, five thousand dollars; the United States marshal, two thousand five hundred dollars; the United States district attorney, 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. IMPORTS FROM HAWAII INTO THE UNITED STATES. Imports from SEC. 93. That imports from any of the Hawaiian Islands, Hawaii into theSE United States. into any State or any other Territory of the United States, of any dutiable articles not the growth, production, or manufacture of said islands, and imported into them from any foreign country after July seventh, eighteen hundred and ninety-eight, and before this Act takes effect, shall Ei88

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pay the same duties that are imposed on the same articles when imported into the United States from any foreign country. INVESTIGATION OF FISHERIES. SEc. 94. That the Commissioner of Fish and Fisheries of Investigation the United States is empowered and required to examine into the entire subject of fisheries and the laws relating to the fishing rights in the Territory of Hawaii, and report to the President touching the same, and to recommend such changes in said laws as he shall see fit. REPEAL OF LAWS CONFERRING EXCLUSIVE FISHING RIGHTS. a SEC. 95. That all laws of the Republic of Hawaii which Repealolawg confer exclusive fishing rights upon any person or persons elusive fishing are hereby repealed, and all fisheries in the sea waters of rights. the Territory of Hawaii not included in any fish pond or artificial inclosure shall be free to all citizens of the United States, subject, however, to vested rights; but no such vested right shall be valid after three years from the taking effect of this Act unless established as hereinafter provided. PROCEEDINGS FOR OPENING FISHERIES TO CITIZENS. SEC. 96. That any person who claims a private right to Proceedings l rforopeningfishany such fishery shall, within two years after the taking eries to citizens. effect of this Act, file his petition in a circuit court of the Territory of Hawaii, setting forth his claim to such fishing right, service of which petition shall be made upon the attorney-general, who shall conduct the case for the Ter ritory, and such case shall be conducted as an ordinary action at law. That if such fishing right be established, the attorneygeneral of the Territory of Hawaii may proceed, in such manner as may be provided by law for the condemnation of property for public use, to condemn such private right of fishing to the use of the citizens of the United States upon making just compensation, which compensation, when lawfully ascertained, shall be paid out of any money in the treasury of the Territory of Hawaii not otherwise appropriated. QUARANTINE. SEC. 97. That quarantine stations shall be established Quarantine. at such places in the Territory of Hawaii as the Supervisulati eiceg. ing Surgeon-General of the Alarine-Hospital Service of the United States shall direct, and the quarantine regulations for said islands relating to the importation of diseases from other countries shall be under the control of the Government of the United States. The quarantine staHonolulu station and grounds at the harbor of Honolulu, together with tion. all the public property belonging to that service, shall be transferred to the Alarine-Hospital Service of the United 69

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TU LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. States, and said quarantine grounds shall continue to be so used and employed until the station is changed to other grounds which may be selected by order of the Secretary of the Treasury. The health laws of the government of Hawaii relating to the harbor of Honolulu and other harbors and inlets from the sea and to the internal control of the health of the islands shall remain in the jurisdiction of the governmentof the Territory of Hawaii, subject to the quarantine laws and regulations of the United States. AmericanregSEC. 98. That all vessels carrying Hawaiian registers on sister for certain vessels. the twelfth day of August, eighteen hundred and ninetyeight, and which were owned bona fide by citizens of the United States, or the citizens of Hawaii, together with the following-named vessels claiming Hawaiian register, Star of France, Euterpe, Star of Russia, Falls of Clyde, and Wilscott, shall be entitled to be registered as American vessels, with the benefits and privileges appertaining thereto, and the coasting trade between the islands aforesaid and any other portion of the United States, shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts. Crown land SEC. 99. That the portion of the public domain heretoeefromtrusts, fore known as Crown land is hereby declared to have been, etc. on the twelfth day of August, eighteen hundred and ninety-eight, and prior thereto, the property of the Hawaiian government, and to be free and clear from any trust of or concerning the same, and from all claim of any nature whatsoever, upon the rents, issues, and profits thereof. It shall be subject to alienation and other uses as may be provided by law. NaturalizaSEC. 100. That for the purposes of naturalization under tin. the laws of the United States residence in the Hawaiian Islands prior to the taking effect of this Act shall be deemed equivalent to residence in the United States and in the Territory of Hawaii, and the requirement of a previous declaration of intention to become a citizen of the United States and to renounce former allegiance shall not apply to persons who have resided in said islands at least five years prior to the taking effect of this Act; but all other provisions of the laws of the United States relating to naturalization shall, so far as applicable, apply to persons in the said islands. Certificatesof SEC. 101. That Chinese in the Hawaiian Islands when residence for this Act takes effect may within one year thereafter obtain certificates of residence as required by "Au Act to prohibit the coming of Chinese persons into the United States," approved May fifth, eighteen hundred and ninetytwo, as amended by an Act approved November third, eighteen hundred and ninety-three, entitled "An Act to amend an Act entitled 'An Act to prohibit the coming of Chinese persons into the United States,' approved May fifth, eighteen hundred and ninety-two," and until the expiration of said year shall not be deemed to be unlawfully in the United States if found therein without such.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. certificates: Provided, however, That no Chinese laborer, Proviso. whether he shall hold such certificate or not, shall be er s e laborallowed to enter any State, Territory, or District of thetrance into United States from the Hawaiian Islands. United States. SEC. 102. That the laws of Hawaii relating to the estabawaiianlaws lishment and conduct of any postal savings bank or instiwings banks abol: tution aie hereby abolished. And the Secretary of the ishd. jnPosTreasury, in the execution of the agreement of the United tal Savings States as expressed in an Act entitled "Joint Resolution ap yments to to provide for annexing the Hawaiian Islands to the United depositors auStates," approved July seventh, eighteen hundred and thorized, etc. ninety-eight, shall pay the amounts on deposit in the Hawaiian Postal Savings Bank to the persons entitled'thereto, according to their respective rights, and he shall make all needful orders, rules, and regulations for paying such persons and for notifying such persons to present their demands for payment. So much money as is necessary to pay said demands is hereby appropriated out of any money in the Treasury not otherwise appropriated, to be available on and after the first day of July, nineteen hundred, when such payments shall begin, and none of said demands shall bear interest after said date, and no deposit shall be made in said bank after said date. Said demands of such persons shall be certified to by the chief executive of Hawaii as being genuine and due to the persons presenting the same, and his certificate shall be sealed with the official seal of the Territory, and countersigned by its secretary, and shall be approved by the Secretary of the Interior, who shall draw his warrant for the amount due upon the Treasurer of the United States, and when the same are so paid no further liabilities shall exist in respect of the same against the governments of the United States or of Hawaii. SEC. 103. That any money of the Hawaiian Postal SaV-surplus, etc., to be paid into ings Bank that shall remain unpaid to the persons entitled unite States thereto on the first day of July, nineteen hundred and Treasury. one, and any assets of said bank shall be turned over by the government of Hawaii to the Treasurer of the United States, and the Secretary of the Treasury shall cause an account to be stated, as of said date, between such government of Hawaii and the United States in respect to said Hawaiian Postal Savings Bank. SEc. 104. This Act shall take effect forty-five days from Effect. and after the date of the approval thereof, excepting only as to section fifty-two, relating to appropriations, which shall take effect upon such approval. CHAP. 555. -An Act Making appropriations for the Department May 25, 1900. of Agriculture for the fiscal year ending June thirtieth, nineteen [Public,No.121.] hundred and one. 31 Stats. L., p. .,-* .191. AGRICULTURAL EXPERIMENT STATIONS: * And the Secretary of Agriculture is hereby authorized to expend ten thousand dollars of which sum to establish and main711

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'Y2 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Hawaiian Istian an agricultural station in the Hawaiian Islands lands station, including the erection of buildings, the printing (in the Hawaiian Islands), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station, which sum shall be immediately available. * * WEATHER BUREAU. * stat Indies For maintaining the Weather Bureau stations already established by the Secretary of Agriculture, or to be established by the Secretary of Agriculture, in the West Indies or on adjacent coasts, and for establishing and equipping lands. meteorological stations in the Hawaiian Islands; for taking daily observations of meteorological phenomena; for collecting reports thereof by cable and otherwise; for disseminating information based thereon of the approach of tropical hurricanes and other storms, and for collecting and publishing such climatological data as may be of public benefit, including salaries of one professor of meteorology, at not exceeding three thousand dollars; one forecast official, at not exceeding two thousand dollars; section directors, observers, and other necessary employees (all for duty at the places named in this Act or at such points in the United States as the exigencies of the weather service may require); rents of offices; stationery, furniture, and instrumental supplies; traveling expenses; freight and express charges; cablegrams and telegrams, and all other necessary expenses, sixty thousand dollars. * &* &* & May 26, 100. [Public,No.126.] 31 Stats. L., p. 218. Hawaii. Customs oicersauthorized. CHAP. 589.-An Act To provide for officers in the customs district of Hawaii. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there shall be in the customs district of Hawaii one collector, who shall reside at Honolulu, and who shall receive a salary of four thousand dollars per annum, and such deputy collectors and other customs officers as the Secretary of the Treasury shall deem necessary. June 6,1900. CHAP. 785. An Act Making appropriations t, supply deficiencies in the appropriations for the fiscal year ending June thirtieth, (Public,No.157.] nineteen hundred, and for prior years, and for other purposes. 31 Stats. L., p. * X 280. TREASURY DEPARTMENT. CONTINGENT EXPENSES. &* & * Quarantine service. QUARANTINE SERVICE: For the maintenance and ordinary expenses, including pay of officers and employees

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 73 of quarantine stations at * and in * Hawaii, thirty-five thousand dollars. * * DEPARTMENT OF JUSTICE. * * MISCELLANEOUS. For the payment of the salary of the United States disHawaii. trict judge for the Territory of Hawaii, two hundred and thirty-three dollars and fifty-two cents. * * For the payment of the salary of the clerk of the United awt.,aisStates district court of the Territory of Hawaii, one huntrict court. dred and forty dollars and eleven cents. For the payment of the salary of the reporter of the United States district court for the Territory of Hawaii, fifty-six dollars and four cents. * * * * CHAP. 791.-An Act Making appropriations for sundry civil Junes, 100, expenses of the Government for the fiscal year ending June thirtieth, [Public,No.163.] nineteen hundred and one, and for other purposes. 31 Stats. L., p. 588. QUARANTINE SERVICE. For establishment and maintenance of quarantine sereHawaii. ice in the Territory of Hawaii under the provisions of section ninety-seven of an Act to provide a government for the Territory of Hawaii, approved April thirtieth, nineteen hundred, seventy-five thousand dollars, to be immediately available. * * TERRITORY OF HAWAII. For salaries, namely: Governor, five thousand dollars; salaries. secretary, three thousand dollars; chief justice, five thousand five hundred dollars, and 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, and also for the remainder of the fiscal year nineteen hundred. For contingent expenses of the Territory to be expended Contingent by the governor for stationery, postage, and incidentals, expenses. five hundred 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, to be immediately available. * *

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE DEPARTMENT OF JUSTICE. * * JUDICIAL. UNITED STATES COURTS. * Additional judges, New York and Hawaii. Clerk and reporter, Hawaii. For the payment of the salaries of an additional district judge in the State of New York and the United States district judge for the Territory of Hawaii, ten thousand dollars. For the payment of the salaries of the clerk and the reporter of the United States district court for the Territory of Hawaii, at three thousand dollars and one thousand two hundred dollars, respectively, four thousand two hundred dollars. June 6, 1900. CHAP. 816.-An Act To provide an American register for the [Public,No.188.] ships Star of Italy and Star of Bengal. 31 Stats. L., p. Ws2. Be it enacted by the Senate and House of Representatives 'St a "r a nJf ofthe United States ofAmerica in Congress assembled, That "Star of Benthe Commissioner of Navigation is hereby authorized and al"-igan ed directed to cause the foreign-built ship Star of Italy and ters. foreign-built ship Star of Bengal, owned by citizens of the United States or citizens of Hawaii, to be registered as vessels of the United States. * * May 31, 1900. [No. 28.] Joint Resolution Withdrawing certain lands on the [Pub. Res., No. island of Oahn, Hawaii, from the public domain. 28.1 81 Stats. L., p. Resolved by the Senate and House of Representatives of Hawaiian Isthe United States of America in Congress assembled, That lands. lands the following-described lands lying and being situate in incer Honolulu the city of Honolulu, Hawaiian Islands, heretofore used witdra w n as a mausoleum for the royal family of Hawaii, to wit: from public domain. The mausoleum premises, beginning at the north corner of said lot, on the southeast side of Nuuanu street, the same being the west corner of L. C. A. six hundred and eighty-two, to M. Kekuanaoa, as shown on government survey's registered map numbered eight hundred and thirty-eight, and running by true bearings: South forty degrees twenty minutes east three hundred and ninety-six feet along L. C. A. six hundred and eighty-two, to Kekuanaoa; south twenty-five degrees twenty-eight minutes west two hundred and fifty-eight feet, to stone wall; north thirty-four degrees twenty-two minutes west seventy-two and nine-tenths feet, along L. C. A. ten thousand six hundred and five ap two, to Piikoi; north fifty-seven degrees fifteen minutes west one hundred and six feet along L. C. A. ten thousand six hundred and five ap two, to Piikoi; north sixty-two degrees ten minutes west two hundred and sixty*

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 75 six and five-tenths feet along L. C. A. ten thousand six hundred and five ap two, to Piikoi, and L. C. A. seven hundred and eighty-five, to J. Robinson; north thirty-six degrees forty minutes east three hundred and sixty-seven feet along Nuuanu street to initial point; area, one hundred and nineteen thousand six hundred and ten square feet, be withdrawn from sale, lease, or other disposition under the public-land laws of the United States. Fifty-sixth Congress, second session. CHAP. 373.-An Act To extend the privileges provided by an February 15, Act entitled "An Act to amend the statutes in relation to the imme1901. diate transportation of dutiable goods, and for other purposes," ap[Public, No.65.] proved June tenth, eighteen hundred and eighty, as amended. 31 Stats. L., p. .91. Be it enacted by the Senate and House of Representatives of the United States ofAmerica in Congress assembled, That w9nolulu, Hathe privileges of immediate transportation as provided by Immediate an Act entitled "An Act to amend the statutes in relation ra oe aqu to the immediate transportation of dutiable goods, and for tended to. other purposes," approved June tenth, eighteen hundred and eighty, as amended by an Act entitled "An Act to amend an Act entitled 'An Act to amend the statutes in relation to the immediate transportation of dutiable goods, and for other purposes,"' approved February twenty-third, eighteen hundred and eighty-seven, be, and the same are hereby, extended to the port of IIonolulu, Territory of Hawaii. CHAP. 805.-An Act Making appropriations for the Department March 2,1901. of Agriculture for the fiscal year ending June thirtieth, nineteen (Public,No 120.] hundred and two. 31 Stat. L., p. 'IC 922. WEATHER BUREAU. 4* *k For maintaining the Weather Bureau stations already established by the Secretary of Agriculture, or to be established by the Secretary of Agriculture, in Bermuda, in the West Indies or on adjacent coasts, and for establishing and equipping meteorological stations in the Hawaiian Islands for taking daily observations of meteorological phenomena; for collecting reports thereof by cable and otherwise; for disseminating information based thereon of the approach of tropical hurricanes and other storms; and for collecting and publishing such climatological data as may be of public benefit, including salaries of one professor of meteorology, at not exceeding three thousand dollars; one forecast official, at not exceeding two thousand dollars; section directors, observers, and other neeessary employees (all for duty at the places named in this Act or at such points in the United States as the exigencies of the weather service may require); rent of offices; West Indies stations. Hawaiian Islands.

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w6 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. stationery, furniture, and instrumental supplies; traveling expenses; freight and express charges; cablegrams and telegrams; and all other necessary expenses, sixty thousand dollars. * * MISCELLANEOUS. * * Hawaiian IsAGRICULTURAL EXPERIMENT STATIONS: * And lands station, the Secretary of Agriculture is hereby authorized to expend twelve thousand dollars of which sum to establish and maintain an agricultural station in the Hawaiian Islands, including the erection of buildings, the printing (in the Hawaiian Islands), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station. * * * * March 3, 1901. CHAP. 830.-An Act Making appropriations for the legislative, [Public,No.13r.] executive, and judicial expenses of the Government for the fiscal 31 Stats. L., p. year ending June thirtieth, nineteen hundred and two, and for 960. other purposes. TREASURY DEPARTMENT. * * GOVERNMENT IN THE TERRITORIES. * ** HawaiU. TERRITORY OF HAWAII: For governor, five thousand dollars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; and two associate justices, at five thousand dollars each; in all, twentythree 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 two. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred 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 dollars. * * JUDICIAL. * * HawaiianTerDISTRICT COURT, TERRITORY OF HAWAII: For the payritory court. mnent of the salaries of the clerk and the reporter of the United States district court for the Territory of Hawaii,

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 77 at three thousand dollars and one thousand two hundred dollars, respectively, four thousand two hundred dollars. * * * CHAP. 831.-An Act Making appropriations to supply deficienMarch 3, 1901. cies in the appropriations for the fiscal year ending June thirtieth, [Public,No.136.] nineteen hundred and one, and for prior years, and for other 31 Stat. L., p. purposes. 1010. * * TREASURY DEPARTMENT. REFUND OF FINE, SCHOONER ESTHER BUHNE: To reRefunds. fund to R. Salveson, master of the schooner EstherBuhne, the Boe. the amount of a fine imposed by the collector of customs at Honolulu, Hawaii, for violation of section forty-three hundred and fifty, Revised Statutes, and section ninetyeight, Act of April thirty, nineteen hundred, since remitted by the Secretary of the Treasury, the original sum having been covered into the Treasury prior to the said remission, one hundred dollars. REFUND OF FINE, SCHOONER J. 31. WEATHERWAX: To Schooner J.M. refund to L. Sorenson, master of the American schooner 'eatberwax. J. M1. Weatherwax, the amount of a fine imposed by the collector of customs at Honolulu, Hawaii, for violation of section forty-three hundred and fifty, Revised Statutes, and section ninety-eight, Act of April thirtieth, nineteen hundred, since remitted by the Secretary of the Treasury, the original sum having been covered into the Treasury prior to the said remission, one hundred dollars. * * GOVERNMENT IN THE TERRITORIES. For the payment of the salaries of the chief justice and Hawaii. two associate justices of the supreme court of the Territory of Hawaii, from June fifteen to June thirtieth, nineteen hundred, inclusive, six hundred and eighty-one dollars and thirty-two cents. * * * * CHAP. 853.-An Act Making appropriations for sundry civil March 3,1901. expenses of the Government for the fiscal year ending June thirtieth, [Public,No.15.] nineteen hundred and two, and for other purposes. 31 Stats. L., p. 11383 MISCELLANEOUS OBJECTS UNDER THE TREASURY DEPARTMENT., PAYMENT OF DEBT OF HAWAII: To carry into effect the Hawaii. agreement embodied in joint resolution To provide for foAppr atin annexing the Hawaiian Islands," approved July seventh, lie ebt of. eighteen hundred and ninety-eight, as follows: For payment of the public debt of the Republic of Hawaii lawfully existing at the date of the passage of said resolution, three million two hundred and thirty-five thou-

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LAWS RELATINC+ TO INSULAR AND MILITARY AFFAIRS. sand four hundred and twenty-nine dollars and sixty-nine cents; for payment of interest accruing thereon after June fifteenth, nineteen hundred, the date on which the Act to provide a government for the Territory of Hawaii went into effect, until paid, or so much thereof as may be necessary, two hundred and twenty-three thousand nine hundred and fifty-five dollars and forty-eight cents; for payment of commissions and all other expenses incurred in carrying into effect the terms of said resolution, or so much thereof as may be necessary, twenty thousand dollars; in all, three million four hundred and seventy-eight thousand three hundred and eighty-five dollars and seventeen cents, the same to be immediately available. * * QUARANTINE SERVICE. Maintenance. For the maintenance and ordinary expenses, * quarantine system of the Hawaiian Islands, * three hundred and ten thousand dollars. * ** * March 3, lMl. CHAP. 858.-An Act To provide for snbports of entry and [PublicNo.163.] delivery in the Territory of Hawaii. 31 Stats. L., p. 1437. Be it enacted by the Senate and House of Representatives Hawaii Terriof the United States ofAmerica in Congress assembled, That secretary of such places in the customs district of the Territory of reasurytod esHawaii as the Secretary of the Treasury may from time to of entry, etc. time designate shall be subports of entry and delivery, and customs officustoms officers shall be stationed at such subports with cers. authority to enter and clear vessels, receive duties, fees, and other moneys, and perform such other services and receive such compensation as in the judgment of the Secretary of the Treasury the exigencies of commerce may Provio. require: Provided, however, That the Secretary of the Discontinuing. subports. Treasury be, and he is hereby, authorized and empowered to discontinue such subports of entry or delivery whenever in his judgment there is necessity for such action. Fifty-seventh Congress, first session. February 19, CHAP. 24.-An Act To provide an American register for the -barkentine Hawaii. [Public, No. 15.] 32 Etats. L.,pt. 1, p. 35. Be it 8nacted by the Senate and Hoise of Representatives "eawaii." ofthe United States of America in Congress Assembled That American J 'led register to forthe Secretary of the Treasury is hereby authorized and eignuilt barkdirected to cause the foreign-built barkentine Hawaii, owned by James Rolph, junior, of San Francisco, California, a citizen of the United States, to be registered as limited. a vessel of the United States; and said vessel shall not engage in the coasting trade of the United States except between the Pacific coast and the Hawaiian Islands. 78

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 79 CHAP. 594.-An Act Making appropriations for the legislative. April 28, 1902. executive, and judicial expenses of the Government for the fiscal year [Public, No.83.] ending June thirtieth, nineteen hundred and three, and for other Szstats.L.,pt. purposes. 1, p. 120. * * TREASURY DEPARTMENT. * * GOVERNMENT IN THE TERRITORIES. *g * *g TERRITORY OF HATAII: For governor, flve thousand dollars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; and two associate justices, at five thousand dollars each; in all, twentythree 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 three. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred 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 dollars. DEPARTMENT OF JUSTICE. * * JUDICIAL. * 'I* DISTRICT COURT, TERRITORY OF H-AWAII: For the payHawaiian Ter. ment of the salaries of the clerk and the reporter of the United States district court for the Territory of Hawaii, at three thousand dollars and one thousand two hundred dollars, respectively, four thousand two hundred dollars. * & CHAP. 817.-An Act To apportion the term of office of senators Alay 19, 1902. elected at the first general election in the Territory of Hawaii. [Pub-icNo.18.] Be it enacted by the Senate and House of Representatives 1, P. 20.L.,p ofthe United States ofAmericain Congress assembled, That Hawaii. Term of office the several senators elected in the First, Second, Third, of senators,first and Fourth senatorial districts at the first general election election. held in the Territory of Hawaii shall, except as hereinafter provided, each hold office for the term of four years from the date of such election. SEC. 2. That for the First senatorial district N. Russell First district. and J. D. Paris shall each hold office as a senator for such district for the term of two years. Hawait

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Second district. Third district. Fourth district. That for the Second senatorial district William White shall hold office as a senator for such district for the term of two years. That for the Third senatorial district D. Kanuha, George R. Carter, and William C. Achi shall each hold office as a senator for such district for the term of two years. That for the Fourth senatorial district I. II. Kahilina shall hold office as a senator for such district for the term of two years. June 3, 1902. CHAP. 985.-An Act Making appropriations for the Department [Public,No.139] of Agriculture for the fiscal year ending June thirtieth, nineteen 32 Stats. L., p. hundred and three. 1,P. 286. *** n DEPARTMENT OF AGRICULTURE. * WEATHER BUREAU. &* * & Maintenance For maintaining the Weather Bureau stations already of stations. established by the Secretary of Agriculture, or to be established by the Secretary of Agriculture, in Bermuda, in the West Indies, or on adjacent coasts, and for establishing and equipping meterological stations in the Hawaiian Islands, and, if practicable and useful, in. the Aleutian Islands, for taking daily observations of meterological phenomena; for collecting reports thereof by cable and Hurricanes, otherwise; for disseminating information based thereon etc. of the approach of tropical hurricanes and other storms; and for collecting and publishing such climatological data Salaries. as may be of public benefit, including salaries of one professor of meteorology, at not exceeding three thousand dollars; one forecast official, at not exceeding two thousand dollars; section directors, observers, and other necessary employees (all for duty at the places named in this Act or at such points in the United States as the exigencies of the Rent, etc. weather service may require); rent of offices, stationery, furniture, and instrumental supplies; traveling expenses, freight and express charges; cablegrams and telegrams; and all other necessary expenses, sixty thousand dollars. * * MISCELLANEOUS. * * AGRICULTURAL EXPERIMENT STATIONS: * And the Secretary of Agriculture is hereby authorized to expend twelve thousand dollars of which sum to establish and maintain an agricultural station in the Hawaiian Islands, including the erection of buildings, the printing (in 80

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the Hawaiian Islands), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station. * and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations; in all, seven hundred and ninety-six thousand dollars. * * * 84_ CHAP. 1036.-An Act To increase the limit of cost of certain June 6, 1902. public buildings, to authorize the purchase of sites for public build[Public,No.146.] ings, to authorize the erection and completion of public buildings, tats. L., pt. and for other purposes. 1, p. 310. * * SEC. 22. * and the Secretary of the Treasury is hereby directed to investigate the postal situation at Honolulu and Hilo, Territory of Hawaii. * * * * CHAP. 1301.-An Act Making appropriations for sundry expenses of the Government for the fiscal year ending June tieth, nineteen hundred and three, and for other purposes. * * civil June 28, 1902. thir[Public,No.182.] 3S2Stats.L.,pt. 1, p. 419. UNDER THE TREASURY DEPARTMENT. * * QUARANTINE SERVICE. For the maintenance and ordinary expenses, quarantine system of the Hawaiian Islands, three hundred and twenty-five thousand dollars. * * * * Maintenance. * Fifty-seventh Congress, second session. CHAP. 186.-An Act Relating to Hawaiian silver coinage and January 14,1903. silver certificates. [Public, No.25.] 32 Stats. L., pt. Be it enacted by the Senate and House of Representatives 1, p. 770. of the United States of America in Congress assembled, That Hawaiian sil.> ver comns. the silver coins that were coined under the laws of HaReceivablefor waii, when the same are not mutilated or abraded below que ernment the standard of circulation, shall be received at the par of their face value in payment of all dues to the government of the Territory of Hawaii and of the United States, and the same shall not again be put into circulation, but they shall be recoined in the mints as United States coins. S. Doc. 105, 58-2-6

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Toberecoined SEC. 2. That when such coins have been received by into United States subsidieither Government they shall be transmitted to the mint ary coins. at San Francisco, in sums of not less than five hundred dollars, to be recoiled into subsidiary silver coins of the Expense of United States, the expense of transportation to be paid transportation. by the United States. Unite at SEC. 3. That any collector of customs or of internal coins. revenue of the United States in the Hawaiian Islands shall, if lie is so directed by the Secretary of the Treasury, exchange standard silver coins of the United Statvs that are in his custody as such collector with the government of Hawaii, or with any person desiring to make such exchange, for coins of the government of Hawaii, at their face value when the same are not abraded below the lawful standard of circulation, and the Treasurer of the United States, under the direction of the Secretary of the Treasury, is authorized to deposit such silver coins of the United States as shall be necessary with the collector of customs or of internal revenue at Honolulu or at any Government depository for the purpose of making such exchange under such regulations as he may prescribe. Payment for SEC. 4. That any silver coins struck by the government mutilated coins. of Hawaii that are mutilated or abraded below such standard may be presented for recoinage at any mint in the United States by the person owning the same, or his or her agents, in sums of not less than fifty dollars, and such owner shall be paid for such coins by the superintendent of the mint the bullion value per troy ounce of the fine silver they contain in standard silver coin of the United States, and such bullion shall be coined into subsidiary coinage of the United States. To be legal SEC. 5. That silver coins heretofore struck by the govtender until January 1, 1904. ernment of Hawaii shall continue to be legal tender for debts in the Territory of Hawaii, in accordance with the laws of the Republic of Hawaii, until the first day of January, nineteen hundred and four, and not afterwards. Redemptionof SEC. 6. That any silver certificates heretofore issued by tes.er certifthe government of the Hawaiian Islands, intended to be circulated as money, shall be redeemed by the Territorial government of Iawaii on or before the first day of January, nineteen hundred and five, and after said date it shall be unlawful to circulate the same as money. Uimitotanof SEC. 7. That nothing in this Act contained shall bind liability. the United States to redeem any silver certificates issued by the government of Hawaii, or any silver coin issued by such government, except in the manner and upon the con: ditions stated in this Act for the recoinage of Hawaiian silver. Appropriation SEC. S. That the sum often thousand dollars, or so much for transporting coins. thereof as may be necessary, is hereby appropriated, from any moneys in the Treasury of the United States not otherwise appropriated, for the payment of the expenses of transporting said coins from the Hawaiian Islands to the mint at San Francisco, and a return of a like amount in the subsidiary coins of the United States to the Hawaiian Islands. 82

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LAWS RELATING TO INSULAR ANDI MILITARY AFFAIRS. CHAP. 332.-An Act To pay in part judgments rendered under January20,1908. an act of the legislative assembly of the Territory of Hawaii for [Public, No. 35.] property destroyed in suppressing the bubonic plague in said Terri32Stats.L.,pt. tory in eighteen hundred and ninety-nine and nineteen hundred, and 1, p. 780. authorizing the Territory of Hawaii to issue bonds for the payment of the remaining claims. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Hawaii. the sum of one million dollars is hereby appropriated, out plB ue audigof any money in the Treasury not otherwise appropriated, ments opriation to pay in part the judgments rendered under an act of the to pay part of. legislative assembly of the Territory of Hawaii by the fire claims commission of that Territory for property destroyed in the suppression of the bubonic plague in said Territory in the years eighteen hundred and ninety-nine and nineteen hundred. SEC. 2. That the governor and secretary of said TerriBond issue for story are hereby authorized to issue the bonds of that Terbalance. ritory in such sum, not exceeding five hundred thousand dollars, as, together with the money hereby appropriated, may be sufficient to pay all of said judgments. Said bonds shall be payable in gold coin of the United States of America of the present standard weight and fineness, shall bear interest at the rate of four per centum per annum, payable semiannually, and be redeemable in not less than five years and payable in not more than fifteen years from the date of issuance. The principal and interest of Bonds exempt all bonds shall be exempt from any and all taxes, and the from taxation. payment thereof shall constitute a charge on the revenues of the Territory of Hawaii. Said bonds shall be sold at not less than their face value, and the proceeds thereof shall be applied to the payment of the judgments aforesaid and to no other purpose, and they shall be of such form and denominations and be issued and sold under such rules and regulations as the Secretary of the Interior shall prescribe. SEC. 3. That under no circumstances shall any such Attorney's .fees, etc., 11mjudgment claimant, or anyone claiming through him, be ited. required to pay, nor shall any attorney or agent be entitled to charge, demand, or receive, directly or indirectly, more than ten per centum upon the amount recovered as compensation for services or labor of any kind or character in the prosecution or establishment of the claim, and in cases of contracts or agreements providing for payment of less than ten per centum the payment shall not be increased above the percentage so agreed upon. Before any Proor. such judgment shall be paid hereunder the governor of said Territory must certify that the same is genuine and was duly rendered in pursuance of the act of the legislative assembly of the Territory; and the payment of said Payments. judgments shall be in full satisfaction and discharge of any and all claims or demands against said Territory or the United States on account of any property destroyed in the said suppression of the bubonic plague. SEC. 4. That this Act shall take effect from and after Effect. its passage. 83

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84 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ebruary 25, CHAP. 755.-An Act Making appropriations for the legislative, ws. executive, and judicial expenses of the Government for the fiscal [2ublic,No.115.] year ending June thirtieth, nineteen hundred and four, and for other 1, Stts. L.,pt. purposes. TREASURY DEPARTMENT. GOVERNMENT IN THE TERRITORIES. Hawaii. TERRITORY OF HAWAII: For governor, five thousand dollars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; and 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 four. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred 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 dollars. DEPARTMENT OF JUSTICE. JUDICIAL. HawaiianTerDISTRICT COURT, TERRITORY OF HAWAII: For the payritory courts. ment of the salaries of the clerk and the reporter of the United States district court for the Territory of Hawaii, at three thousand dollars and one thousand two hundred dollars, respectively, four thousand two hundred dollars. March 3, 103. CHAP. 1007.-An Act Making appropriations for sundry civil [Public,No.157.] expenses of the Government for the fiscal year ending June thir32Stats.L.,pt. tieth, nineteen hundred and four, and for other purposes. 1, p. 1083. UNDER THE TREASURY DEPARTMENT. PUBLIC BUILDINGS. .* * * Honolulu, HaFor the complete establishment of an immigration staimigranttion and the erection of necessary buildings at Honolulu, station. Hawaii, on land owned by the United States, adjoining

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. wharf known as Channel Wharf, and for each and every purpose connected therewith and necessary to complete said station in all of its details within the sum hereby appropriated, thirty thousand dollars. ** * QUARANTINE STATIONS. * * For construction of wharf at United States quarantine Honolulu, Hastation, Honolulu, Hawaii, fifty-five thousand dollars; wanwharf,etc. for a runway to connect wharf with the island, ten thousand dollars; for retaining wall around the island, ten thousand dollars; for laundry plant, five thousand dollars; in all, eighty thousand dollars, which sum shall be expended in such manner and under such plans as will complete in every detail each and every object mentioned in this paragraph. QUARANTINE SERVICE. For the maintenance and ordinary expenses, including maintenance. pay of officers and employees of quarantine stations at * quarantine system of the Hawaiian Islands, * three hundred and twenty-five thousand dollars. * * CHAP. 1008.-An Act Making appropriations for the DepartMarch 3,1903. ment of Agriculture for the fiscal year ending June thirtieth, nine[PublicNo.158.] teen hundred and four. 32Stats.L.,pt. * * 1, p. 1147. DEPARTMENT OF AGRICULTURE. * * WEATHER BUREAU. * * SALARIES, WEATHER BUREAU: Outside of the city of Inspectors,of.> facials, etc., outWashington: Professors of meteorology, inspectors, disside of Washtrict forecasters, local forecasters, section directors, obington. servers, assistant observers, operators, repairmen, station agents, messengers, messenger boys, laborers, and other necessary employees, for duty in the United States, in the West Indies or on adjacent coasts, in the Hawaiian Islands, and in Bermuda, who, without additional expense to the Government, may hereafter, in the discretion of the Secretary of Agriculture, be granted leaves of absence Leaves of ab. not to exceed thirty days in any one year, four hundred sence. and seventy-two thousand three hundred dollars. GENERAL EXPENSES, WEATHER BUREAU: Every exGeneral expenditure requisite for and incident to the establishment, nse, mainte equipment, and maintenance of meteorological observation stations in the United States, in the West Indies or 85

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86 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. on adjacent coasts, in the Hawaiian Islands, and in BerSupplies. muda, including the purchase of scientific and other publications, stationery, furniture, instruments, stormwarning towers, and all other necessary supplies and Rents. materials; for rents of offices; for traveling expenses; for Telegraphing, freight and express charges; for telegraphing, telephonec ing, or cabling reports and messages, rates to be fixed by the Secretary of Agriculture by agreement with the coipanies performing the service; for maintenance and re-air of seacoast telegraph, telephone, and cable lines; for investigations on climatology; for experiments in wireless elegraphy; for river observations and reports; for rainobservations and reports; for snow observations and reports; for ice observations and reports; for crop observations and reports; for aerial observations and reports; for storm and other warnings and reports; for hurricane observations and reports, including pay of special observers and displaymen, none of whom shall receive more than Pr int in g -twenty-five dollars per month; and for the maintenance office. of a printing office in the city of Washington, including the purchase of necessary supplies and materials for printing weather maps, bulletins, circulars, forms, monthly reviews, and other publications, and for pay of assistant foremen, proofreaders, compositors, pressmen, lithographers, and folders and feeders, four hundred and ninety-six thousand seven hundred and eighty dollars. * * MISCELLANEOUS. AGRICULTURAL EXPERIMENT STATIONS: * * * * Agricultural And the Secretary of Agriculture is hereby authorized stations. Hawaii. to expend fifteen thousand dollars of which sum to establish and maintain an agricultural station in the Hawaiian Islands, including the erection of buildings, the printing (in the Hawaiian Islands), illustration, and distribution of reports and bulletins, and all other expenses essential Sale of prodto the maintenance of said station. * and the ncts. Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations; in all, eight hundred and ten thousand dollars: * * ** **

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PORTO RICO. Fifty-fifth Conyress, second session. CHAP. 456.-An Act To provide an American register for the June16,1898. steamer Arkadia. [Public,No.188.] 30 Stats. L., p. 473. Be it enacted by the Senate and House of Representatives of the United States ofAmericain Congress assembled, That Steamer "Arkadia." the Secretary of the Treasury is hereby authorized and a r a n t o d directed to cause the foreign-built steamer Arkadia, owned American regby t he Iq'ew York and Porto Rico Steamship Company, incorporated under the laws of the State of New York, to be registered as a vessel of the United States: Provided, That P-ovo. ..coastwise the said steamship shall not engage in the coastwise trade trade. of the United States, but shall not be excluded from that between this country and Porto Rico. Fifty-sixth Congress, first session. CHAP. 91.-An Act Appropriating, for the benefit and governMarch 24,1900. meant of Porto Rico, revenues collected on importations therefrom [Public, No. 44.] since its evacuation by Spain, and revenues hereafter collected on 31 Stats. L., p. such importations under existing law. 41. Be it enacted by the Senate and Hiouse of Representatives of the United States of America in Congress assembled, That Porto nico. Customs revethe sum of two million and ninety-five thousand four hunn no available dred and fifty-five dollars and eighty-eight cents, being the for tine gov amount of customs revenue received on importations by the United States from Porto Rico since the evacuation of Porto Rico by the Spanish forces on the eighteenth of October, eighTeen hundred and ninety-eight, to the first of January, nineteen hundred, together with any further customs revenue collected on importations from Porto Rico since the first of January, nineteen hundred, or that shall lireafter be collected under existing law, shall be placed at the disposal of the President, to be used for the government now existing and which may hereafter be established in Porto Rico, and for the aid and relief of the people thereof, and for public education, public works, and other governmental and public purposes therein until otherwise provided by law; and the revenues herein referred to, already collected and to be collected under existing law, are hereby appropriated for the purposes herein specified, out of any moneys in the Treasury not otherwise appropriated. 87

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88 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. April 12, 1900. CHAP. 191.-An Act Temporarily to provide revenues and a [Public, No. 69.] civil government for Porto Rico, and for other purposes. 31 Stats. L., p. 77 Be it enacted by the Senate and House of Representatives Porto Rico. of the United States ofAmericain Congress assembled, That Provisions forof this Act shall apply to the island of Porto "civil govern-thprvsosothsAtsalapytthilndfPro ment, etc. Rico and to the adjacent islands and waters of the islands Scope of act. lying east of the seventy-fourth meridian of longitude west of Greenwich, which were ceded to the United States by the Government of Spain by treaty entered into on' the tenth day of December, eighteen hundred and ninetyeight; and the name Porto Rico, as used in this Act, shall be held to include not only the island of that name, but all the adjacent islands as aforesaid. Tariff on forSEC. 2. That on and after the passage of this Act the eign imports. same tariffs, customs, and duties shall be levied, collected, and paid upon all articles imported into Porto Rico from ports other than those of the United States which are required by law to be collected upon articles imported into Provisos. the United States from foreign countries: Provided, That --coffee. on all coffee in the bean or ground imported into Porto Rico there shall be levied and collected a duty of five cents per pound, any law or part of law to the contrary notSpanishbooks withstanding: And provided further, That all Spanish admitted free. scientific, literary, and artistic works, not subversive of public order in Porto Rico, shall be admitted free of duty into Porto Rico for a period of ten years, reckoning from the eleventh day of April, eighteen hundred and ninetynine, as provided in said treaty of peace between the frEn sh books United States and Spain: And provided further, That all states. books and pamphlets printed in the English language shall be admitted into Porto Rico free of duty when imported from the United States. Tariff as beSEC. 3. That on and after the passage of this Act all t ween the United stes merchandise coming into the United States from Porto and Porto Rico. Rico and coming into Porto Rico from the United States shall be entered at the several ports of entry upon payment of fifteen per centum of the duties which are required to be levied, collected, and paid upon like articles -on Porto of merchandise imported from foreign countries; and in Rican manufact tures. addition thereto upon articles of merchandise of Porto Rican manufacture coming into the United States and withdrawn for consumption or sale upon payment of a tax equal to the internal-revenue tax imposed in the United States upon the like articles of merchandise of domestic manufacture; such tax to be paid by internalrevenue stamp or stamps to be purchased and provided by the Commissioner of Internal Revenue and to be procured from the collector of internal revenue at or most convenient to the port of entry of said merchandise in the United States, and to be affixed under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall prescribe; -UnitedStates, and on all articles of merchandise of United States manumanufactures. facture coming into Porto Rico in addition to the duty above provided upon payment of a tax equal in rate and.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. amount to the internal-revenue tax imposed in Porto Rico upon the like articles of Porto Rican manufacture: ProProviso. 'ided, That on and after the date when this Act shall freeofmerchantake effect, all merchandise and articles, except coffee, disntdutia not dutiable under the tariff laws of the United States, states. and all merchandise and articles entered in Porto Rico free of duty under orders heretofore made by the Secretary of War, shall be admitted into the several ports thereof, when imported from the United States, free of duty, all laws or parts of laws to the contrary notwithstanding; and whenever the legislative assembly of Porto Dutiestocease Rico shall have enacted and put into operation a system local taxation of local taxation to meet the necessities of the government established, etc. of Porto Rico, by this Act established, and shall by resolution duly passed so notify the President, he shall make proclamation thereof, and thereupon all tariff duties on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico shall cease, and from and after such date all such merchandise and articles shall be entered at the several ports of entry free of duty; and in no event shall any odhutiesafter duties be collected after the first day of March, nineteen hundred and two, on merchandise and articles going into Porto Rico from the United States or coming into the United States from Porto Rico. SEc. 4. That the duties and taxes collected in Porto Rico Duties, etc., to constitute sepain pursuance of this Act, less the cost of collecting the rate fund in same, and the gross amount of all collections of duties and Tensu7 or taxes in the United States upon articles of merchandise Rico. coming from Porto Rico, shall not be covered into the general fund of the Treasury, but shall be held as a separate fund, and shall be placed at the disposal of the President to be used for the government and benefit of Porto Rico until the government of Porto Rico herein provided for shall have been organized, when all moneys theretofore collected under the provisions hereof, then unexpended, shall be transferred to the local treasury of Porto Rico, and the Secretary of the Treasury shall designate the sevSecretary of eral ports and subports of entry m Porto Rico and shallignato dsof make such rules and regulations and appoint such agents en ra dato as may be necessary to collect the duties and taxes authorregulations. ized to be levied, collected, and paid in Porto Rico by the provisions of this Act, and he shall fix the compensation and provide for the payment thereof of all such officers, agents, and assistantsas lie may find it necessary to employ to carry out the provisions hereof: Provided, however, Dutosto be That as soon as a civil government for Porto Rico shall paid into Porto have been organized in accordance with the provisions of tican treasury hav when civil govthis Act and notice thereof shall have been given to the ernent estabPresident he shall make proclamation thereof, and therewished. after all collections of duties and taxes in Porto Rico under the provisions of this Act shall be paid into the treasury of Porto Rico, to be expended as required by law for the government and benefit thereof instead of being paid into the Treasury of the United States. 89

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Duties on enSEC. 5. That on and after the day when this Act shall trv or withdrawal of mergo into effect all goods, wares, and merchandise previously c andiso imimported from Porto Rico for which no entry has been ported from fo io nr BortoRicoprior made, and all goods, wares, and merchandise previously to this act, etc. entered without payment of duty and under bond for warehousing, transportation, or any otherpurpose, 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 withProviso. drawal thereof: Provided That when duties are based -duties based on weight. upon the weight of merchandise 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. GENERAL PROVISIONS. Capital. SEC. 6. That the capital of Porto Rico shall be at the city of San Juan and the seat of government shall be maintained there. Spanish subSEC. 7. That all inhabitants continuing to reside therein jects deemed citizensofPorto who were Spanish subjects on the eleventh day of April, Rico, etc. eighteen hundred and ninety-nine, and then resided in Porto Rico, and their children born subsequent thereto, shall be deemed and held to be citizens of Porto Rico, and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain on or before the eleventh day of April, nineteen hundred, in accordance with the provisions of the treaty of peace between 1 he United States and Spain entered into on the eleventh day of April, eight-to constitute een hundred and ninety-nine; and they, together with body politic, such citizens of the United States as may reside in Porto Rico, shall constitute a body politic under the name of The People of Porto Rico, with governmental powers as hereinafter conferred, and with power to sue and be sued as such. Existing laws SEC. 8. That the laws and ordinances of Porto Rico now continued. -except. in force shall continue in full force and effect, except as altered, amended, or modified hereinafter, or as altered or modified by military orders and decrees in force when this Act shall take effect, and so far as the same are not inconsistent or in conflict with the statutory laws of the United States not locally inapplicable, or the provisions hereof, until altered, amended, or repealed by the legislative authority hereinafter provided for Porto Rico or by Act Provisos. of Congress of the United States: Provided, That so much -marriage of priests, etc. of the law which was in force at the time of cession, April eleventh, eighteen hundred and ninety'-nine, forbidding the marriage of priests, ministers, or followers of any faith because of vows they may have taken, being paragraph four, article eighty-three, chapter three, civil code, and which was continued by the order of the secretary of justice of Porto Rico, dated March seventeenth, eighteen hundred and ninety-nine, and promulgated by MajorGeneral Guy V. Henry, United States Volunteers, is 90

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. hereby repealed and annulled, and all persons lawfully married in Porto Rico shall have all the rights and remedies conferred by law upon parties to either civil or religious marriages: And provided farther, That para-adultery, etc. graph one, article one hundred and five, section four, divorce, civil code, and paragraph two, section nineteen, of the order of the minister of justice of Porto Rico, dated March seventeenth, eighteen hundred and ninety-nine, and promulgated by Major-General Guy V. Henry, United States Volunteers, be, and the same hereby are, so amended as to read: "Adultery on the part of either the husband or the wife." SEC. 9. That the Commissioner of Navigation shall make Nationalization of Porto such regulations, subject to the approval of the Secretary Rican vessels. of the Treasury, as he may deem expedient for the nationalization of all vessels owned by the inhabitants of Porto Rico on the eleventh day of April, eighteen hundred and ninety-nine, and which continued to be so owned up to the date of such nationalization, and for the admission of the same to all the benefits of the coasting trade of the United States; and the coasting trade between Porto Rico and the United States shall be regulated in accordance with the provisions of law applicable to such trade between any two great coasting districts of the United States. SEC. 10. That quarantine stations shall be established Qut oarantine at such places in Porto Rico as the Supervising SurgeonGeneral of the Marine-Hospital Service of the United States shall direct, and the quarantine regulations relating -regulations. to the importation of diseases from other countries shall be under the control of the Government of the United States. SEC. 11. That for the purpose of retiring the Porto Rican ofRtntpRii coins now in circulation in Porto Rico and substituting coins. therefor the coins of the United States, the Secretary of the Treasury is hereby authorized to redeem, on presentation in Porto Rico, all the silver coins of Porto Rico known as the peso and all other silver and copper Porto Rican coins now in circulation in Porto Rico, not including any such coins that may be imported into Porto Rico after the first day of February, nineteen hundred, at the present established rate of sixty cents in the coins of the United States for one peso of Porto Rican coin, and for all minor or subsidiary coins the same rate of exchange shall be applied. The Porto Rican coins so purchased or redeemed -recoinage. shall be recoined at the expense of the United States, under the direction of the Secretary of the Treasury, into such coins of the United States now authorized by law as he may direct, and from and after three months after the date when this Act shall take effect no coins shall be a legal tender, in payment of debts thereafter contracted, Legal tender. for any amount in Porto Rico, except those of the United States; and whatever sum may be required to carry out tiAppropriathe provisions hereof, and to pay all expenses that may be incurred in connection therewith, is hereby appropriated, and the Secretary of the Treasury is hereby authorized to establish such regulations and employ such agencies as Regulations. 91

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. may be necessary to accomplish the purposes hereof: Proviso. Provided, however, That all debts owing on the date when debts; ii ta this Act shall take effect shall be payable in the coins of payable. Porto Rico now in circulation, or in the coins of the United States at the rate of exchange above named. ExpensespaySEC. 12. That all expenses that may be incurred on alreme es account of the government of Porto Rico for salaries of officials and the conduct of their offices and departments, and all expenses and obligations contracted for the internal improvement or development of the island, not, however, including defenses, barracks, harbors, light-houses, buoys, and other works undertaken by the United States, shall be paid by the treasurer of Porto Rico out of the revenues in his custody. Property in SEC. 13. That all property which may have been acbridges,unnavigable streams, quired in Porto Rico by the United States under the ceset. taeqired sion of Spain in said treaty of peace in any public bridges, peace placedunroad houses, water powers, highways, unnavigable streams, or v pce and the beds thereof, subterranean waters, mines, or etc. minerals under the surface of private lands, and all property which at the time of the cession belonged, under the laws of Spain then in force, to the various harbor-works boards of Porto Rico, and all the harbor shores, docks, slips, and reclaimed lands, but not including harbor areas or navigable waters, is hereby placed under the control of the government established by this Act to be administered for the benefit of the people of Porto Rico; and the legislative assembly hereby created shall have authority, subject to the limitations imposed upon all its acts, to legislate with respect to all such matters as it may deem advisable. Federal laws SEC. 14. That the statutory laws of the United States applicable. not locally inapplicable, except as hereinbefore or hereinafter otherwise provided, shall have the same force and effect in Porto Rico as in the United States, except the internal-revenue laws, which, in view of the provisions of section three, shall not have force and effect in Porto Rico. Legislature SEC. 15. That the legislative authority hereinafter prolaws continued vided shall have power by due enactment to amend, alter, in force. modify, or repeal any law or ordinance, civil or criminal, continued in force by this Act, as it may from time to time see fit. Judicial procSEC. 16. That all judicial process shall run in the name ess. of "United States of America, ss: the President of the United States," and all criminal or penal prosecutions in the local courts shall be conducted in the name and by oath, the authority of "The people of Porto Rico;" and all officials authorized by this Act shall before entering upon the duties of their respective offices take an oath to support the Constitution of the United States and the laws of Porto Rico. THE GOVERNOR. Title. SEc. 17. That the official title of the chief executive officer Appointment shall be The Governor of Porto Rico." He shall be ap92

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pointed by the President, by and with the advice and consent of the Senate; he shall hold his office for a term of four years and until his successor is chosen and qualified unless sooner removed by the President; he shall reside in Porto Rico during his official incumbency, and shall maintain his office at the seat of government; he may grant pardons and reprieves, and remit fines and forfeitures for offenses against the laws of Porto Rico, and respites for offenses against the laws of the United States, until the decision of the President can be ascertained; he shall commission all officers that he may be authorized to appoint, and may veto any legislation enacted, as hereinafter provided; he shall be the commander in chief of the militia, and shall at all times faithfully execute the laws, and he shall in that behalf have all the powers of governors of the Territories of the United States that are not locally inapplicable; and he shall annually, and at such other times as he may be required, make official report of the transactions of the government in Porto Rico, through the Secretary of State, to the President of the United States: Provided, That the President may, in his discretion, delegate and assign to him such executive duties and functions as may in pursuance with law be so delegated and assigned. THE EXECUTIVE COUNCIL. Term of office. Location office. of Powers. Report. Proviso. Duties which maybe assigned him. SEC. 18. That there shall be appointed by the President, o o nt ment by and with the advice and consent of the Senate, for the who shall conperiod of four years, unless sooner removed by the Presiuti ve council. dent, a secretary, an attorney-general, a treasurer, an auditor, a commissioner of the interior, and a commissioner of education, each of whom shall reside in Porto Rico during his official incumbency and have the powers and duties hereinafter provided for them, respectively, and who, together with five other persons of good repute, to be also appointed by the President for a like term of four years, by and with the advice and consent of the Senate, shall constitute an executive council, at least five of whom shall be native inhabitants of Porto Rico, and, in-duties. addition to the legislative duties hereinafter imposed upon them as a body, shall exercise such powers and perform such duties as are hereinafter provided for them, respectively, and who shall have power to employ all necessary deputies and assistants for the proper discharge of their duties as such officials and as such executive council. SEC. 19. That the secretary shall record and preserve Secretary;duminutes of the proceedings of the executive council and ties of, etc. the laws enacted by the legislative assembly and all acts and proceedings of the governor, and shall promulgate all proclamations and orders of the governor and all laws enacted by the legislative assembly. le shall, within sixty days after the end of each session of the legislative assembly, transmit to the President, the President of the Senate, the Speaker of the House of Representatives, and the Secretary of State of the United States one copy each of the laws and journals of such session. 93

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. -to act in abSEc. 20. That in case of the death, removal, resignation, since of go v ernor. or disability of the governor, or his temporary absence from Porto Rico, the secretary shall exercise all the powers and perform all the duties of the governor during such vacancy, disability, or absence. eral. gen SEc. 21. That the attorney-general shall have all the powers and discharge all the duties provided by law for an attorney of a Territory of the United States in so far as the sime are not locally inapplicable, and lie shall perform such other duties as may be prescribed by law, and make such reports, through the governor, to the AttorneyGeneral of the United States as he may require, which shall annually be transmitted to Congress. Treasurer. SEC. 22. That the treasurer shall give bond, approved as to form by the attorney-general of Porto Rico, in such sum as the executive council may require, not less, however, than the sum of one hundred thousand dollars, with surety approved by the governor, and he shall collect and be the custodian of the public funds, and shall disburse the same when appropriated by law, on warrants signed by the auditor and countersigned by the governor, and shall perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the United States as he may require, which shall annually be transmitted to Congress. Auditor. SEC. 23. That the auditor shall keep full and accurate accounts, showing all receipts and disbursements, and perform such other duties as may be prescribed by law, and make, through the governor, such reports to the Secretary of the Treasury of the United States as lie may require, which shall annually be transmitted to Congress. Commssioner SEC. 24. That the commissioner of the interior shall of the interior. superintend all works of a public nature, and shall have charge of all public buildings, grounds, and lands, except those belonging to the United States, and shall execute such requirements as may be imposed by law with respect thereto, and shall perform such other duties as may be prescribed by law, and make such reports through the governor to the Secretary of the Interior of the United States as he may require, which shall annually be transmitted to Congress. Commissioner SEC. 25. That the commissioner of education shall superof education. intend public instruction throughout Porto Rico, and all disbursements on account thereof must be approved by him; and he shall perform such other duties as may be prescribed by law, and make such reports through the governor as may be required by the Commissioner of Education of the United States, which shall annually be transmitted to Congress. Other memSEC. 26. That the other five members of the executive ierscof neee ucouncil, to be appointed as hereinbefore provided, shall atties, etc. tend all meetings of the executive council and participate in all business of every character that may be transacted by it; and they shall receive as compensation for their services such annual salaries as may be provided by the legislative assembly. 94-

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. HOUSE OF DELEGATES. SEC. 27. That all local legislative powers hereby granted Legislativeassembly of Porto shall be vested in a legislative assembly which shall conRico to consist sist of two houses; one the executive council, as hereinof executive before constituted, and the other a house of delegates, to house of deleconsist of thirty-five members elected biennially by the gates. qualified voters as hereinafter provided; and the two houses thus constituted shall be designated The legislative assembly of Porto Rico." SEC. 28. That for the purposes of such elections Porto Election disRico shall be divided by the executive council into seven districts, composed of contiguous territory and as nearly equal as may be in population, and each district shall be entitled to five members of the house of delegates. ELECTION OF DELEGATES. SEC. 29. That the first election for delegates shall be held on such date and under such regulations as to ballots and voting as the executive council may prescribe' and -tem of servat such elections the voters of each legislative district shall choose five delegates to represent them in the house of delegates from the date of their election and qualification until two years from and after the first day of January next ensuing; of all which thirty days' notice shall be given by publication in the Official Gazette, or by printed notices distributed and posted throughout the district, or by both, as the executive council may prescribe. At such Qualified votelections all citizens of Porto Rico shall be allowed to vote ers. who have been bona fide residents for one year and who possess the other qualifications of voters under the laws and military orders in force on the first day of March, nineteen hundred, subject to such modifications and additional qualifications and such regulations and restrictions as to registration as may be prescribed by the executive council. The house of delegates so chosen shall convene Organization at the capital and organize by the election of a speaker, ot house of delea clerk, a sergeant-at-arms, and such other officers and assistants as it may require, at such time as may be designated by the executive council; but it shall not conLength of sestinue in session longer than sixty days in any one year,On. unless called by the governor to meet in extraordinary session. The enacting clause of the laws shall be, "Be it E nac tin g clause of laws. enacted by the legislative assembly of Porto Rico;" and salary,etc.,of each member of the house of delegates shall be paid for members. his services at the rate of five dollars per day for each day's attendance while the house is in session, and mileage at the rate of ten cents per mile for each mile necessarily traveled each way to and from each session of the legislative assembly. All future elections of delegates shall be governed by Existing provislous continthe provisions hereof, so far as they are applicable, until u e dun n't i 1 the legislative assembly shall otherwise provide. change(d by leSEC. 30. That the house of delegates shall be the sole how n judge of the elections, returns, and qualifications of its gate. 95

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Qualil of mem Bills; of, etc. -appro -veto, e Provis Congr annul la Legi authority of. rovis chrant chises. members, and shall have and exercise all the powers with respect to the conduct of its proceedings that usually ications appertain to parliamentary legislative bodies. No person bears. shall be eligible to membership in the house of delegates who is not twenty-five years of age and able to read and write either the Spanish or the English language, or who is not possessed in his own right of taxable property, real or personal, situated in Porto Rico. passage SEC. 31. That all bills may originate in either house, but no bill shall become a law unless it be passed in each house by a majority vote of all the members belonging to such house and be approved by the governor within ten val. days thereafter. If, when a bill that has been passed is presented to the governor for signature, he approves the tc. same, he shall sign it, or if not he shall return it, with his objections, to that house in which it originated, which house shall enter his objections at large on its journal, and proceed to reconsider the bill. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be considered, and if approved by two-thirds of that house it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of -the persons voting for and against the bill shall be entered upon the journal of each house, respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law in like manner as if he had signed it, unless the legislative assembly by adjournment prevent o. its return, in which case it shall not be a law: Provided, w .ay however, That all laws enacted by the legislative assembly shall be reported to the Congress of the United States, which hereby reserves the power and authority, if deemed advisable, to annul the same. slative SEC. 32. That the legislative authority herein provided y;scope shall extend to all matters of a legislative character not locally inapplicable, including power to create, consolidate, and reorganize the municipalities, so far as may be necessary, and to provide and repeal laws and ordinances therefor; and also the power to alter, amend, modify, and repeal any and all laws and ordinances of every character now in force in Porto Rico, or any municipality or district o. f thereof, not inconsistent with the provisions hereof: Prooffran-vided, however, That all grants of franchises, rights, and privileges or concessions of a public or quasi-public nature shall be made by the executive council, with the approval of the governor, and all franchises granted in Porto Rico shall be reported to Congress, which hereby reserves the bower to annul or modify the same. THE JUDICIARY. Established courts continued. SEC. 33. That the judicial power shall be vested in the courts and tribunals of Porto Rico as already established and now in operation, including municipal courts, under 96

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. and by virtue of General Orders, Numbered One hundred and eighteen, as promulgated by Brigadier-General Davis, United States Volunteers, August sixteenth, eighteen hundred and ninety-nine, and including also the police courts established by General Orders, Numbered One hundred and ninety-five, promulgated November twenty-ninth, eighteen hundred and ninety-nine, by Brigadier-General Davis, United States Volunteers, and the laws and ordinances of Porto Rico and the municipalities thereof in force, so far as the same are not in conflict herewith, all which courts and tribunals are hereby continued. The jurisdiction of said courts and the form of procedure in Jurisdiction them, and the various officials and attaches thereof, reand procedure. spectively, shall be the same as defined and prescribed in and by said laws and ordinances, and said General Orders, Numbered One hundred and eighteen and One hundred and ninety-five, until otherwise provided by law: ProProtiso. vided, however, That the chief justice and associate jusof territorialutices of the supreme court and the marshal thereof shall dicial otlicers. be appointed by the President, by and with the advice and consent of the Senate, and the judges of the district courts shall be appointed by the governor, by and with the advice and consent of the executive council, and all other officials and attaches of all the other courts shall be chosen as may be directed by the legislative assembly, which shall have authority to legislate from time to time .Power of legislature in reas it may see fit with respect to said courts, and any others gard to courts. they may deem it advisable to establish, their organization, the number of judges and officials and attaches for each, their jurisdiction, their procedure, and all other matters affecting them. SEC. 34. That Porto Rico shall constitute a judicial disJudicial distitestabtrict to be called "the district of Porto Rico." The Presilisted. dent, by and with the advice and consent of the Senate, drl o rsjudi shall appoint a district judge, a district attorney, and a marshal for said district, each for a term of four years, unless sooner removed by the President. The district Districtcourt. court for said district shall be called the district court of the United States for Porto Rico and shall have power to appoint all necessary officials and assistants, including a -oficers. clerk, an interpreter, and such commissioners as may be necessary, who shall have like power and duties as are exercised and performed by commissioners of the circuit courts of the United States, and shall have, in addition to the ordinary jurisdiction of district courts of the United -jurisdiction. States, jurisdiction of all cases cognizant in the circuit courts of the United States, and shall proceed therein in -procedure. the same manneras a circuit court. The laws of the United States relating to appeals, writs of error and certiorari, removal of causes, and other matters and proceedings as between the courts of the United States and the courts of the several States shall govern in such matters and proceedings as between the district court of the United States and the courts of Porto Rico. Regular terms of said court -t er Ims of shall be held at San Juan, commencing on the second S. Doc. 105, 58-2-7 97

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98 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Monday in April and October of each year, and also at Ponce on the second Monday in January of each year, and special terms may be held at Mayaguez at such other stated Proceedings times as said judge may deem expedient. All pleadings tobeinEnglih. and proceedings in said court shall be conducted in the the English language. District court The United States district court hereby established shall to succeed pro-betes visionalcou be the successor to the United States provisional court etc. established by General Orders, Numbered Eighty-eight, promulgated by Brigadier-General Davis, United States Volunteers, and shall take possession of all records of that court, and take jurisdiction of all cases and proceedings pending therein, and said United States provisional court is hereby discontinued. pr e Court o SEc. 35. That writs of error and appeals from the final United stated. decisions of the supreme court of Porto Rico and the district court of the United States shall be allowed and may be taken to the Supreme Court of the United States in the same manner and under the same regulations and in the same cases as from the supreme courts of the Territories -whenaowed. of the United States; and such writs of error and appeal shall be allowed in all cases where the Constitution of the United States, or a treaty thereof, or an Act of Congress is brought in question and the right claimed thereunder Habeas coris denied; and the supreme and district courts of Porto pus, etc. Rico and the respective judges thereof may grant writs of habeas corpus in all cases in which the same are grantable by the judges of the district and circuit courts of the United States. All such proceedings in the Supreme Court of the United States shall be conducted in the English language. salaries of SEC. 36. That the salaries of all officials of Porto Rico officials. not appointed by the President, including deputies, assistants, and other help, shall be such, and be so paid out of the revenues of Porto Rico, as the executive council shall viso o from time to time determine: Provided, however, That changed during the salary of no officer shall be either increased or diininincumbency. ished during his term of office. The salaries of all officers and all expenses of the offices of the various officials of Porto Rico, appointed as herein provided by the President, including deputies, assistants, and other help, shall -payable, ete. also be paid out of the revenues of Porto Rico on the warrant of the auditor, countersigned by the governor. The annual salaries of the officials appointed by the President, and so to be paid, shall be as follows: Salaries of The governor, eight thousand dollars; in addition target. soe thereto he shall be entitled to the occupancy of the buildings heretofore used by the chief executive of Porto Rico, with the furniture and effects therein, free of rental. The secretary, four thousand dollars. The attorney-general, four thousand dollars. The treasurer, five thousand dollars. The auditor, four thousand dollars. The commissioner of the interior, four thousand dollars. The commissioner of education, three thousand dollars. The chief justice of the supreme court, five thousand dollars.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The associate justices of the supreme court (each), four thousand five hundred dollars. The marshal of the supreme court, three thousand dollars. The United States district judge, five thousand dollars. The United States district attorney, four thousand dollars. The United States district marshal, three thousand five hundred dollars. SEC. 37. That the provisions of the foregoing section Municipal salshall not apply to the municipal officials. Their -alarieSpenses, how and the compensation of their deputies, assistants, and paid. other help, as well as all other expenses incurred by the municipalities, shall be paid out of the municipal revenues in such manner as the legislative assembly shall provide. SEC. 38. That no export duties shall be levied or colNo export dulected on exports from Porto Rico; but taxes and assessties. ments on property, and license fees for franchises, priviLegislature leges, and concessions may be imposed for the purposes may tax, etc. of the insular and municipal governments, respectively, as may be provided and defined by act of the legislative assembly; and where necessary to anticipate taxes and etBond issues, revenues, bonds and other obligations may be issued by Porto Rico or any municipal government therein as may be provided by law to provide for expenditures authorized by law, and to protect the public credit, and to reimburse the United States for any moneys which have been or may be expended out of the emergency fund of the War Department for the relief of the industrial conditions of Porto Rico caused by the hurricane of August eighth, eighteen hundred and ninety-nine: Provided, however, limit. That no public indebtedness of Porto Rico or of any municipality thereof shall be authorized or allowed in excess of seven per centum of the aggregate tax valuation of its property. SEC. 39. That the qualified voters of Porto Rico shall, Resident comon the first Tuesday after the first Monday of November, United states. anno Domini nineteen hundred, and every two years thereafter, choose a resident commissioner to the United States, who shall be entitled to official recognition as such by all Departments, upon presentation to the Department of State of a certificate of election of the governor of Porto Rico, and who shall be entitled, to a salary, payable monthly by the United States, at the rate of five thousand dollars per annum: Provided, That no person shall be rations. eligible to such election who is not a bona fide citizen of Porto Rico, who is not thirty years of age, and who does not read and write the English language. SEC. 40. That a commission, to consist of three memCommissionto report on perbers, at least one of whom shall be a native citizen of manent system Porto Rico, shall be appointed by the President, by and of government, with the advise and consent of the Senate, to compile and revise the laws of Porto Rico; also the various codes of procedure and systems of municipal government now in force, and to frame and report such legislation as may be necessary to make a simple, harmonious, and economical government, establish justice and secure its prompt and UiWiR?. O3F II!CH. LAW' LIBRAT 99

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. -expenses. -to reportwithin a year. Effect. May 25,1900. [Public,No.121.] 31 Stats.L.,p. 191. efficient administration, inaugurate a general system of education and public instruction, provide buildings and funds therefor, equalize and simplify taxation and all the methods of raising revenue, and make all other provisions that may be necessary to secure and extend the benefits of a republican form of government to all the inhabitants of Porto Rico; and all the expenses of such commissioners, including all necessary clerks and other assistants that they may employ, and a salary to each member of the conmission at the rate of five thousand dollars per annum, shall be allowed and paid out of the treasury of Porto Rico as a part of the expenses of the government of Porto Rico. And said commission shall make full and final report, in both the English and Spanish languages, of all its revisions, compilations, and recommendations, with explanatory notes as to the changes and the reasons therefor, to the Congress on or before one year after the passage of this Act. SEC. 41. That this Act shall take effect and be in force from and after the first day of May, nineteen hundred. CHAP. 555.-An Act Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and one. * *, DEPARTMENT OF AGRICULTURE. * Investigation AGRICULTURAL EXPERIMENT STATIONS: * And oro ors etc. the Secretary of Agriculture is hereby authorized to expend five thousand dollars of which sum to investigate .and report to Congress on the agricultural resources and capabilities of Porto Rico with special reference to the selection of locations for agricultural experiment stations, and the determination of the character and extent of agricultural experiments immediately demanded by the condition of agriculture in that island, and to prepare, print, publish, and distribute in Porto Rico circulars of inquiry and bulletins of information in the English and Spanish languages, which sum shall be immediately available; in all, seven hundred and eighty thousand dollars. * * * * June 6, 1". CHAP. 791.--An Act Making appropriations for sundry civil [Public,No.163.] expenses of the Government for the fiscal year ending June thirtieth, 31 Stats.L.,p. nineteen hundred and one, and for other purposes. 568. * * UNDER THE TREASURY DEPARTMENT. LIGHT-1 lOUSE ESTABLISHMENT. Porto Rico. PORTO RICAN LIGHT-HOUSE ESTABLISHMENT: To maintain existing aids to navigation, and complete the con100 : *

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 101 struction of Mona light on Porto Rico and adjacent islands, sixty thousand dollars, to be immediately available. ** * MISCELLANEOUS OBJECTS UNDER THE TREASURY DEPARTMENT. For salary of the resident commissioner from Porto Rico Porto Rico. to the United States, authorized by the Act temporarily to missiorcomprovide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars. * * QUARANTINE SERVICE. For the maintenance and ordinary expenses, including Maintenance pay of officers and employees of quarantine stations at * and in Porto Rico, two hundred and thirty-five thousand dollars. * *** *.* [No. 23.] Joint Resolution To provide for the administration of May 1, 190. civil affairs in Porto Rico pending the appointment and qualifica[Pub. Res., No. tion of the civil officers provided for in the Act approved April 23.] twelfth. nineteen hundred, entitled, "An Act temporarily to provide 31 Stats. L., p. revenues and a civil government for Porto Rico, and for other 715. purposes." Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Porto Rico. until the officer to fill any office provided for by the Act E xistinger oof April twelfth, nineteen hundred, entitled "An Act tempending ap.pointment of porarily to provide revenues and a civil government for successors. Porto Rico, and for other purposes," shall have been appointed and qualified, the officer or officers now performing the civil duties pertaining to such office may continue to perform the same under the authority of said Act; and commission ...of army officer no officer of the Army shall lose his commission by reason unaffected. thereof: Provided, That nothing herein contained shall -fovist --limit of time be held to extend the time for the appointment and qualifor appointfication of any such officers beyond the first day of August, ment. nineteen hundred. SEC. 2. That all railroad, street railway, telegraph and beFr ahies b telephone franchises, privileges or concessions granted Presdent. under section thirty-two of said Act shall be approved by the President of the United States, and no such franchise, privilege, or concession shall be operative until it shall have been so approved. SEC. 3. That all franchises, privileges or concessions-provisions re. quired in chargranted under section thirty-two of said Act shall provide ters granting. that the same shall be subject to amendment, alteration, or repeal; shall forbid the issue of stock or bonds, except in exchange for actual cash, or property at a fair valuation, equal in amount to the par value, of the stock or

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. bonds issued; shall forbid the declaring of stock or bond dividends; and, in the case of public-service corporations, shall provide for the effective regulation of the charges thereof and for the purchase or taking by the public authorities of their property at a fair and reasonable valuaFunctions of tion. No corporation shall be authorized to conduct the %e ationsbusiness of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation hereafter authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent any member of a corporation engaged in agriculture from being in any wise interested in any other corporation engaged in agriculture. Corporations, however, may loan funds upon real estate security, and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five years after receiving the title. Corporations not organized in Porto Rico, and doing business therein, shall be bound by the provisions of this section so far as they are applicable. May14,190. [No. 26.] Joint Resolution Providing for the printing and dis[Pub. Res., No. tribution of the general report of the expedition of the steamer 26. Fishhawk to Puerto Rico, including the chapter relating to the fish 31Stats.L., P. and fisheries of Puerto Rico, as contained in the Fish Commission 717. Bulletin for nineteen hundred. Resolved by the Senate and House Qf Representatives of Report "apethe United States of America in Congress assembled, That ditlon of "ih hawk" to Porto there be printed and bound, under the direction of the Printing orJoint Committee on Printing, seven thousand five hundered. dried copies of the general report of the expedition of the steamer Fishhawk to Puerto Rico, including the chapter relating to the fish and fisheries of Puerto Rico, as contained in the Fish Commission Bulletin for nineteen hundred; four thousand five hundred for the use of the House, one thousand five hundred for the use of the Senate, and one thousand five hundred for the use of the United States Fish Commission. June 6, 1900. [No. 32.] Joint Resolution To authorize and empower the Banco [Pub. Res., No. Espal de Puerto Rico (Spanish Bank of Porto Rico) to amend its M. by-laws. 31 Stats. L., p. 719. Resolved by the Senate ad House of Representatives of BancoEspalol the United States of Ainerica in Congress assembled, That de Puerto Rico ma amend its the Banco Espailol de Puerto Rico (Spanish Bank of Porto by s Rico) be, and the said institution is hereby, authorized and em powered to amend article one of its by-laws, which said by-laws are referred to in, and published with, the royal (Spanish) decree dated May' fifth, anno Domini eighteen hundred and eighty-eight, granting a concession 102

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 103 to said bank, so as to change its name to that of Bank of Porto Rico (Banco de Puerto Rico) and to substitute for its capital in pesos the equivalent in money of the United States at the ratio established by law, and to amend article thirty-one of said by-laws, so that to be a councilor of said bank it may not be necessary to be a Spaniard, and further to modify and amend said by-laws, but always in accordance with existing law, and subject to the approval of the governor of Porto Rico: Provided, That nothing Provisos. herein contained shall be held to enlarge or to permit the enlarged. enlargement, in any manner or to any extent, of any of the rights, powers, or privileges granted to said Banco Espalol de Puerto Rico (Spanish Bank of Porto Rico) by the Government of Spain: And provided further, That ueea1o0trol nothing herein contained shall be held in any wise to limit or curtail any power which the Government or the Congress of the United States possesses in respect of said bank, its powers, privileges, or franchises. Fifty-sixth Congress, second session. CHAP. 677.-An Act Making appropriations for fortifications March 1, 1901. and other works of defense, for the armament thereof, for the proLPublic,No.113.] curement of heavy ordnance for trial and service, and for other pur31 Stats. L., p. poses. 873. * * FORTIFICATIONS AND OTHER WORKS OF DEFENSE. * * For the purchase of submarine mines and necessary apSubmarine pliances to operate them for closing the channels leading to our principal seaports, including San Juan, Porto Rico; needful casemates, cable galleries, and so forth, to render it possible to operate submarine mines, and continuing torpedo experiments, fifty thousand dollars. * * CHAP. 805.-An Act Making appropriations for the Department March 2,1901. of Agriculture for the fiscal year ending June thirtieth, nineteen [Public,No.120.] hundred and two. 31 Stats. L., p. * 922. MISCELLANEOUS. AGRICULTURAL EXPERIMENT STATIONS: * And Porto Rican the Secretary of Agriculture is hereby authorized to expend station. twelve thousand dollars of which slim to establish and maintain an agricultural experiment station in Porto Rico, including the erection of buildings, the printing (in Porto Rico), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station; in all, seven hundred and eightynine thousand dollars. * * * *

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104 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. March 2, 1901. CHAP. 812.-An Act To amend an Act entitled "An Act tem[Public,No.127.] porarily to provide revenues and a civil government for Porto Rico, 31 Stats. L., p. and for other purposes," approved April twelfth, nineteen hundred, 953. and to increase the salary of the commissioner of education provided for by said Act. Be it enacted by the Senate and House of Representatives Porto Rico. of the United States of America in Congress assembled, That Salary of cornUitdon missioner of edthe salary of the commissioner of education for Porto Rico ucation. shall, from and after the first day of April, nineteen hundred and one, be four thousand dollars per annum, and in addition to the duties provided by section thirty-six of the Act of April twelfth, nineteen hundred, the executive -emhployeesdis-council sh11, from time to time, determine the salaries of trMc 4 t isesall officials and assistants, appointed by the United States sion 56th Condistrict court, including the clerk and the interpreter, gress, p. 85. which shall be paid out of the revenues of Porto Rico as other salaries and expenses of like character are paid under the provisions of said Act. District court SEC. 2. That such fees and expenses as are payable by epense spato the United States if earned or incurred in connection able frmPrto Rican revenues, with a circuit or district court of the United States, shall etc. be paid f in the revenues of Porto Rico, if earned or incurred li connection with the district court of the United -disposition of States for Porto Rico. That all such fees, fines, costs, fees earned. and forfeitures as would be deposited to the credit of the United States, if collected and paid into a circuit or district court of the United States, shall become revenues of Porto Rico, if collected and paid into the district court of Fees United the United States for Porto Rico. The commissioners States commispoie ioners.c s appointed, as provided in section thirty-four of said Act approved April twelfth, nineteen hundred, shallbe entitled to the fees provided for United States commissioners: Payments of Provided, That payments of fees and expenses, heretofore United States made in good faith by the United States district marshal, distri marshal either from funds advanced to him by the United States or by Porto Rico, may be allowed by the accounting oflicers of the United States or the accounting officers of Porto Rico, as the case may be, in the settlement of his accounts. Jurisdiction SEC. 3. That the jurisdiction of the district court of the of district court extended. United States for Porto Rico in civil cases shall, in addition to that conferred by the Act of April twelfth, nineteen hundred, extend to and embrace controversies where the parties, or either of them, are citizens of the United States, or citizens or subjects of a foreign State or States, wherein the matter in dispute exceeds, exclusive of interest or costs, the sum or value of one thousand dollars. Jurors' and SEC. 4. That jurors and witnesses in the United States witnesses' mile-. age. s district court of Porto Rico shall be entitled to and receive fifteen cents for each mile necessarily traveled over any stage line or by private conveyance and ten cents for each mile over any railway in going to and returning from said Proviso. courts: Provided, That no constructive or double mileage mileage fees. fees shall be allowed by reason of any person being summoned both as witness and juror, or as witness in two or more cases pending in the same court and triable at the same term thereof.

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LAWS RELATINGTO INSULAR AND MILITARY AFFAIRS. CHAP. 830.-An Act Making appropriations for the legislative, March 3, 1901. executive, and judicial expenses of the Government for the fiscal [Public,No.135.] year ending June thirtieth, nineteen hundred and two, and for 31 Stats. L., p. other purposes. 960. TREASURY DEPARTMENT. * * GOVERNMENT IN THE TERRITORIES. * * TERRITORY OF PORTO Rico: For salary of the resident commissioner from Porto Rico to the United States, authorized by the Act temporarily to provide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars. * Porto Rico. CHAP. 831.-An Act Making appropriations to supply deficienMarch 3, 1901. cies in the appropriations for the fiscal year ending June thirtieth, [Public,No.136.] nineteen hundred and one, and for prior years, and for other pur31 Stats. L., p. poses. 1010. * TREASURY DEPARTMENT. 9t. * QUARANTINE SERVICE. For the maintenance and ordinary expenses, including Maintenance. pay of officers and employees of quarantine stations at * and Porto Rico, eighteen thousand dollars. * * CHAP. 853.-An Act Making appropriations for-suiary civil exMarch 3,1901. penses of the Government for the fiscal year ending June thirtieth, [Public,No.158.] nineteen hundred and two. and for other purposes. 31 Stats. L., p. 1133. *' UNDElrj THE TREASURY DEPARTMENT. * LIGHT-110USE ESTABLISHMENT. PORTO RICAN LIGHT-IIOUSE ESTABLISHMENT: FOr maintaining existing aids to navigation and to establish and maintain additional day marks, buoys, and beacon lights where required for Porto Rico and adjacent islands, seventy-five thousand dollars. * Porto Rico. MISCELLANEOUS OBJECTS UNDER URY DEPARTMENT. * THE TREAS* QUARANTINE SERVICE. For the maintenance and ordinary expenses, including pay of officers and employees of quarantine stations at ana the quarantine system of Porto Rico, three hundred and ten thousand dollars. * Maintenance. 105 * *. *

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106 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty/-stren/l Conriuress, first session. t April 28, 1902. CHAP. 594.-An Act Making appropriations for the legislative, [Public,No.&3.] executive, and judicial expenses of the Government for the fiscal 828tats.L.,pt. year ending June thirtieth, nineteen hundred and three, and for 1, p. 120. other purposes. * ** TREASURY DEPARTMENT. * * GOVERNMENT IN THE TERRITORIES. * ** Porto Rico. TERRITORY OF PORTO RICO: For salary of the resident commissioner from Porto Rico to the United States, authorized by the Act temporarily to provide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars. * * * **:1 April 29,1002. CHAP. 640.-An Act To refund the amount of duties paid in [Public, No.89.] Porto Rico upon articles imported from the several States from 32Stats.L,pt. April eleventh, eighteen hundred and ninety-nine, to May first, 1, p. 176. nineteen hundred, to confer jurisdiction on the Court of Claims to render judgment thereon, and making an appropriation therefor. Be it enacted by the Senate and House of Representatives Porto Rico. ofthe United StatesofAmericain Congress assembled, That Duties tco of untateoieianTa refunded. jurisdiction be, and is hereby, conferred upon the Court conrsd ton of Claims of the United States of all claims against the Courtof Claims. United States arising out of the payment of customs duties to the military authorities in the island of Porto Rico upon articles imported from the several States, which articles were entered at the several ports of entry in Porto Rico from and including April eleventh, eighteen hundred and ninety-nine, to May first, nineteen hundred, and the Court of Claims is empowered and directed to ascertain the amounts of such duties paid during said period and to enter judgment against the United States for the several amounts so paid, with interest thereon at the rate of six per centum per annum from the several dates of payment of such duties to the dates of such judgments, respectively, in all actions for the recovery of such duties now pending in the Court of Claims and in all actions for the recovery of such duties which may be brought in said court within six months from the date of the passage of this Act. Payment of SEc. 2. That the Secretary of the Treasury, upon the judgments. certification of such judgments, or any of them, from which the United States does not take an appeal, is authorized to pay the same.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 107 CHAP. 985.-An Act Making appropriations for the Department June 3, 1902. of Agriculture for the fiscal year ending June thirtieth, nineteen [Public,No.139.] hundred and three. 32 Stats. L.,pt. 1, p. 286. * * DEPARTMENT OF AGRICULTURE. * * MISCELLANEOUS. AGRICULTURAL EXPERIMENT STATIONS: * * And the Secretary of Agriculture is hereby authorized to expend twelve thousand dollars of which sum to establish and maintain an agricultural experiment station in Porto Rico, including the erection of buildings, the printing (in Porto Rico), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station; and the Secretary of sale of prod. Agriculture is authorized to sell such products as are obnets. tained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations; in all, seven hundred and ninety-six thousand dollars. * * * * CHAP. 1301. -An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and three, and for other purposes. * June 28, 1902. [Public,No.182.] 32 Stats. L., pt. 1. p. 419. UNDER THE TREASURY DEPARTMENT. * LIGHT-IIOUSE ESTABLISHMENT. * PoRTo RICAN LIGHT-HOUSE ESTABLISHMENT: For maintaining existing aids to navigation and to establish and maintain additional day marks and beacon lights and buoys, where required on Porto Rico and adjacent islands, including purchase of land for same and the pay of officers and crews of light-house tenders and of clerks and other employees in the offices of the light-house inspector and light-house engineer and at the light-house depot, seventyfive thousand dollars. * Porto Rico. QUARANTINE SERVICE. For the maintenance and ordinary expenses, including pay of officers and employees of quarantine stations at Maintenance. *

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. * and the quarantine system of Porto Rico, three hundred and twenty-five thousand dollars. * * * July 1, 1902. CHAP. 1383.-An Act Authorizing the President to reserve [Public,No.249.1 public lands and buildings in the island of Porto Rico for public 38Stats.L.,pt, uses, and granting other public lands and buildings to the govern1, p. 731. ment of Porto Rico, and for other purposes. Be it enacted by the Senate and House of Representatires Porto Rico, of the United States ofAmerica in Congress assembled, That of public lands the President be, and lie is hereby, authorized to make, and buildings within one year after the approval of this Act, such for public purposes, etc. reservation of public lands and buildings belonging to the United States in the island of Porto Rico, for military, naval, light-house, marine-hospital, post-offices, Other lands, custom-houses, United States courts, and other public etc., granted to government of purposes, as lie may deem necessary, and all the public Porto Rico. lands and buildings, not including harbor areas and navigable streams and bodies of water and the submerged lands underlying the same, owned by the United States in said island and not so reserved be, and the same are hereby, granted to the government of Porto Rico, to be held or disposed of for the use and benefit of the people Provisos. of said island: Provided, That said grant is upon the Release of reserved asnds, express condition that the government of Porto Rico, by etc. proper authority, release to the United States any interest or claim it may have in or upon the lands or buildings reserved by the President under the provisions of this Legal rights. Act: And provided further, That nothing herein conetc. notaf fected. tained shall be so construed as to affect any legal or equitable rights acquired by the government of Porto Rico or by any other party, under any contract, lease, or license made by the United States authorities prior to the first day of May, nineteen hundred. AppropriaSEC. 2. That the sum of two thousand dollars is hereby tion for law library. appropriated, out of any funds in the Treasury of the United States not otherwise appropriated, to be expended by the clerk of the district court of the United States for Porto Rico, under the supervision and subject to the approval of the presiding judge of said court, in the purchase of a law library for the use of said court. Resident cornSEC. 3. That the resident commissioner from Porto missioner. Traveling exRico to the United States, provided for by section thirtypenses nine of the Act of April twelfth, nineteen hundred, entitled "An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," shall be entitled, in addition to his salary as now fixed by law, to his actual expenses in traveling to and from Porto Rico once annually, and his term of office shall commence on the fourth day of March next succeeding the date of Term of office his election; and the term of office of the present incumextended. bent is hereby extended to the third day of March, nineteen hundred and three. 108

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty-seventh Congress, second session CHAP. 755.-An Act Making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. * *c I ebruary 25, l903. [Public,No.115.] 32 Stats. L.,pt. 1, p. 854, TREASURY DEPARTMENT. * * GOVERNMENT IN THE TERRITORIES. * TERRITORY OF PORTO RICO: For salary of the resident commissioner from Porto Rico to the United States, authorized by the Act temporarily to provide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars; for traveling expenses, one hundred and thirty-four dollars and fifty cents; in all, five thousand one hundred and thirty-four dollars and fifty cents. * * * Porto Rico. CHAP. 995.-An Act Making appropriations for the support of the Military Academy for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes. * PERMANENT ESTABLISHMENT. * * March 3,1903. [Public,No.145.] 32 Stats. L., pt. 1, p. 1011. For pay of cadets, two hundred and fifty thousand dollars: Provided, That in addition to the Corps of Cadets now authorized by law, there shall be one from Porto Rico, who shall be a native of said island, to be appointed by the President of the United States. * * * Cadets. Proviso. Appointment from Porto Rico. CHAP. 1006.-An Act Making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes. March 3, 1903. [Public. No.156.] 32 Stats. L., pt. 1, p. 1031. *. * TREASURY DEPARTMENT. * GOVERNMENT IN THE TERRITORIES. PORTO Rico: To pay Federico Degetau, resident comPortp Rico. nissioner from Porto Rico to the United States, the amount esaeeio found due him by the accounting officers of the Treasury Legetan. under the Act of July first, nineteen hundred and two, for traveling expenses, Washington, District of Columbia, to 109 * * * *

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110 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Porto Rico and return, being for the fiscal year nineteen hundred and three, one hundred and thirty-four dollars and fifty cents. * * March 3, 103. [PublicNo.157.] MtStats.L.,pt. 1, p. 1083. CHAP. 1007.--An Act Making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and four. and for other purposes. UNDER THE TREASUR1Y DEPARTMENT. X * LIGHT-lIOUSE ESTABLISHMENT. SC Y * PORTo RICAN LIGHT-HOUSE SERVICE: For maintaining existing aids to navigation and to establish and maintain additional day marks and beacon lights and buoys, where required on Porto Rico and adjacent islands, including purchase of land for same and the pay of officers and crews of light-house tenders and of clerks and other employees in the offices of the light-house inspector and light-house engineer and at the light-house depot, seventy-five thousand dollars. * * QUARANTINE SERVICE. Maintenance. For the maintenance and ordinary expenses, including pay of officers and employees of quarantine stations at * and the quarantine system of Porto Rico, three hundred and twenty-five thousand dollars. * * March 3, 1N. (Public,No.18.] 32 Stats. L., pt. 1, p. 1147. * CHAP. 1008.-An Act Making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and four. * x: MISCELLAN EOTS. * * Porto Rico. And the Secretary of Agriculture is hereby authorized to expend fifteen thousand dollars of which sum to establish and maintain an agricultural experiment station in Porto Rico, including the erection of buildings, the printing (in Porto Rico), illustration, and distribution of reports and bulletins, and all other expenses essential to the maintenance of said station; and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stau ale of prodtions in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations; in all, eight hundred and ten thousand dollars. * Porto Rico. a *

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GUAM AND SAMOA. Fifty-sixth Congress, fir st session. CHAP. 790.-An Act Making provision for emergencies in river and harbor works, for certain surveys, and for the diversion of certain appropriations or modification of provisions heretofore made. * SEC. 6. That the Secretary of the Navy is hereby authorized and directed to appoint two naval officers, and the Secretary of War one engineer officer, to constitute a board whose duty it shall be, under the direction of the Secretary of the Navy, to make a survey, plan, and estimates for the improvement of a harbor at the island of Guam; and the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, for this purpose. * * * June 6,1900. [Public,No.102.] 31 Stats. L., p. 3.8. Guam. Harbor impro vement i ard authorized. CHAP. 55.-An Act Making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth. eighteen hundred and ninety-nine. * March 9, 1898. [Public, No. 32.1 30 Stats. L., p. N.62. PROTECTING INTERESTS OF THE UNITED STATES IN THE SAMOAN ISLANDS. For the execution of the obligationsuf the United States and the protection of the interests and property of the United States in the Samoan Islands, under any existing treaty with the Government of said islands and with the Governments of Germany and Great Britain, six thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the President. * Samoan Islands. CHAP. 571.-An Act Making appropriations to supply deficienJuly 7,1898. cies in the appropriations for the fiscal year ending June thirtieth, [Public,No.182.] eighteen hundred and ninety-eight, and for prior years, and for other 3 Stat. L., p. purposes. * DEPARTMENT OF S'ATE. * * REIMBURSEMENT OF THE GERMAN TRADE AND PLANGermanTrade and Plantation TATION COMPANY OF HAMBURG, AT APIA, SAMOA: ToCompany of reimburse the German Trade and Plantation Company of Hamburg. 111 Fifly -fithConuresx, second Session.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ReimburseHamburg, in Apia, Samoa, for losses sustained by them meant of. from the payment of certain drafts illegally drawn on the Secretary of State by William Churchill, late consulgeneral at Apia, Samoa, and purporting to be on the business of the United States Government, aggregating one thousand eight hundred dollars and sixty cents, together with interest thereon at the rate of eight per centum per annum to the date of payment. * Fifty-fifth Congress, third session. February9,189Q. CHAP. 128.-An Act Making appropriations for the diplomatic [Public, No 41 and consular service for the fiscal year ending June thirtieth, nine30 Stats. L., p. teen hundred. $2.3. 4. 4: PROTECTING INTERESTS OF THE UNITED SAMOAN ISLANDS. Samoan Islands. STATES IN THE For the execution of the obligations of the United States and the protection of the interests and property of the United States in the Samoan Islands, under any existing treaty with the Government of said islands and with the Governments of Germany and Great Britain, six thousand dollars, or so much thereof as may be necessary, to be expended under the direction of the President. 11 2 & & &

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CUBA. Fifty-fifth Congress, first session. [No. 11.] Joint Resolution Appropriating fifty thousand dollars May 24,1897. for the relief of destitute citizens of the United States in the Island [Pub. Res., No. of Cuba. 11.] 30 Stats. L., p. Resolved by the Senate and House of Representatives of2* the United States of America in Congress assembled, That Cufa. the sum of fifty thousand dollars be, and the same is hereby, for destitute appropriated, out of any money in the Treasury not othcit ssf tthe erwise appropriated, for the relief of destitute citizens of the United States in the Island of Cuba, said money to be expended at the discretion and under the direction of the President of the United States in the purchase and furnishing of food, clothing, and medicines to such citizens, and for transporting to the United States such of them as so desire and who are without means to transport themselves. Fifty-fifth Congress, second session. CHAP. 103.-An Act For the relief of the sufferers by the deMarch 30, 1898. struction of the United States steamer Maine, in the harbor of Hab [Public, No. 53.] vana, Cuba. 30 Stats. L., p. s46. Be it enacted by the Senate and House of Representatives of the United States of Americain Congress assembled, That United States .-*-stamerMaine. to reimburse the survivors of the officers and crew of the Payment to United States steamer Maine, destroyed by an explosion sufferers b dein the harbor of Havana, Cuba, on the fifteenth day of February, eighteen hundred and ninety-eight, for losses incurred by them, respectively, in the destruction of said vessel, there shall be paid to each of said survivors, out of any money in the Treasury of the United States not otherwise appropriated, a sum equal to the losses so sustained by them: Provided, That the accounting officers of Provisos. the Treasury shall in all cases require a schedule and schedules,ete affidavit from each person making a claim under this Act, such schedule to be approved by the Secretary of the Navy; and reimbursement shall be made for such articles of clothing, outfit, and for such personal effects only as are of a character and value and in quantity suitable and appropriate to the rank or rating and duty of the person by whom the claim is made: Provided further, That in no Limit of paycase shall the aggregate sum allowed for such losses exment. ceed the amount of. twelve months' sea pay (without raS. Doc. 105, 58-2113

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114 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. tions) of the grade or rating held by such person at the time the losses were incurred. Payment to SEc. 2. That the widow, child, or children, and in case relatives of lost officers andthere be not such, that the parent or parents, and if there men. be no parent, the brothers and sisters, of the officers, enlisted men, and others who were lost in the destruction of said vessel, or who have died or who may die within one year from date of the disaster in consequence of injuries received in the destruction of said vessel, shall be entitled to and shall receive, out of any money in the Treasury of the United States not otherwise appropriated, to wit: The relative, in the order named, of the persons heretofore referred to, a sum equal to twelve months' sea pay of the grade or rating of each person deceased as Provisos, aforesaid: Provided, That the legal representatives of the Arrears of pay due deceased, deceased persons hereinbefore referred to shall also be etc. paid from the Treasury of the United States any arrears of pay due the deceased at the time of their death: ProDeaths within vided further, That if any person who shall receive reimayearof persons reimbursed for bursement under this Act, for losses incurred in said dislosses. aster, shall die within the year in consequence of injuries incurred in the destruction of said vessel, the amount so paid shall be deducted from the amount of twelve months' sea pay (without rations) allowed to such beneficiary by virtue of this Act of relief. Continuance SEC. 3. That the accounting officers of theTreasurybe, of allotments to relatives, and they are hereby, authorized to continue fora period of three months any allotments which may have been made in favor of any relatives of the degrees hereinbefore enumerated by any of the officers and men attached to the United States ship Maine who lost their lives in or in conProviso. sequence of the disaster to that vessel: Provided, That Deductions. the amount of the allotments so continued shall be deducted from the amount of twelve months' sea pay allowed to such beneficiaries by virtue of this Act for their relief. Payment to SEC. 4. That the relief granted by the provisions of this extinguish allAct shall be in full satisfaction of any and all claims whatever against the United States on account of losses or death by the destruction of the United States steamer Maine; and any claim against the United States which shall be presented and acted upon under the authority of this Act shall be held to be finally determined and shall not in any manner thereafter be reopened, reconsidered, supplemented nor be subject to appeal in any form; and the method of presenting and. establishing said claims hereinbeforp presented shall be followed in lieu of those prescribed by acts or parts of acts heretofore enacted relating to the presentation and allowance of similar claims: Proviso. Provided, That nothing herein shall affect the right of Pensions. any of the beneficiaries under this Act to any pension to which they may be entitled under existing law after the expiration of one year from said fifteenth day of February, eighteen hundred and ninety-eight. Time forpresSEc. 5. That no claims shall be allowed under the proentation of 7 claims. visions of this Act which shall not be presented within two years after the date of its passage.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEc. 6. That the Secretary of the Navy be, and he is hereby, authorized, whenever in his discretion it may be deemed practicable and expedient, to cause the remains of all or any of those who perished in consequence of said disaster to be removed to the United States cemetery at Arlington: Provided, That the relatives of any of such deceased officers and others mentioned in this Act who prefer that the remains of such be taken to their homes within the United States shall have such privilege extended to them, and the expense thereof shall be borne by the United States; and the sum of ten thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to carry out the provisions of this section. Removal of remains to Arlington. Proviso. Interment elsewhere. CHAP. 345.-An Act To provide assistance to the inhabitants of May 18, 1898. Cuba, and arms, munitions, and military stores to the people of the [PublicNo.103.] Island of Cuba, and for other purposes. [0 Stets. L., p. 419. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Cuba. ..Furnishing of while serving in Cuba during the existing war, officers of supplies to peothe Army of the United States exercising separate corn. pie. mands may, by special order, cause subsistence, medical, and quartermaster's supplies to be issued to, and other aid rendered to, inhabitants of the Island of Cuba who are destitute and in imminent danger of perishing unless they receive the same. SEC. 2. That the President, and general officers com--ofarms,etc. manding troops in Cuba, are hereby authorized to furnish to the Cuban people such arms, ammunition, equipments, and military stores and supplies as they may require in order to increase their effective fighting force in the existing war against Spain. [No. 11.] Joint Resolution To provide for recovering the remains February 23, of officers and men and property from the wrecked United States 18" ship Maine, and making an appropriation therefor. [Pub. Res., No. 10.] 30 Stats. L., p. Resolved by the Senate and House of Representatives Of 7 the United States of America in Congress assembled, That, U. s.,, ship "Maine. the Secretary of the Navy be, and he is hereby, authorized Recovery of to engage the services of a wrecking company or companies, g airoe having proper facilities for the prompt and efficient peretc. formance of submarine work, for the purpose of recovering the remains of the officers and men lost on the United States ship Maine, and of saving the vessel or such parts thereof, and so much of her stores, guns, material, equipment, fittings, and appurtenances as may be practicable; and for this purpose the sum of two hundred thousand dollars, or as much thereof as may be necessary, is hereby appropriated and made immediately available. 115

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116 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. April 20, 1898. [No. 24.] Joint Resolution For the recognition of the independ[Pub. Res., No. ence of the people of Cuba, demanding that the Government of Spain 21.] relinguish its authority and government in the Island of Cuba, and 30 Stats. L., p. to withdraw its land and naval forces from Cuba and Cuban waters. 738. and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect. Preamble. Whereas the abhorrent conditions which have existed for more than three years in the Island of Cuba, so near our own borders, have shocked the moral sense of the people of the United States, have been a disgrace to Christian civilization, culminating, as they have, in the destruction of a United States battle ship, with two hundred and sixty-six of its officers and crew, while on a friendly visit in the harbor of Havana, and can not longer be endured, as has been set forth by the President of the United States in his message to Congress of April eleventh, eighteen hundred and ninety-eight, upon which the action of Congress was invited: Therefore, Resolved by the Senate and House of Representatives of Independence the United States of America in Congress assembled, First. of Cuba. That the people of the Island of Cuba are, and of right ought to be, free and independent. Demand upon Second. That it is the duty of the United States to deSpain to seans ih its aumand, and the Government of the United States does ority, etc. hereby demand, that the Government of Spain at once relinquish its authority and government in the Island of Cuba and withdraw its land and naval forces from Cuba and Cuban waters. President auThird. That the President of the United States be, and thorized to use-. iand and naval he hereby is, directed and empowered to use the entire forces. land and naval forces of the United States, and to call into the actual service of the United States the militia of the several States, to such extent as may be necessary to carry these resolutions into effect. Disclaimer by Fourth. That the United States hereby disclaims any the United -.'a -dc States of intend disposition or intention to exercise sovereignty, jurisdiction to exercise tion, or control over said Island except for the pacification sovereignty, etc. thereof, and asserts its determination, when that is accomplished, to leave the government and control of the Island to its people. Fifty-fifth Congress, third session. March 3, 1899. CHAP. 423.-An Act Making appropriation for the support of [Public,No.187.] the Regular and Volunteer Army for the fiscal year ending June 30 Stats. L., p. thirtieth, nineteen hundred. 1064. SUBSISTENCE DEPARTMENT. Supplies for Subsistence supplies to be issued to inhabitants of the Cubans. island of Cuba who are destitute and in imminent danger of perishing unless they receive the same, one hundred thousand dollars. & & & & &

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 117 SEC. 2. That no property, franchises, or concessions of No concessions, franany kind whatever shall be granted by the United States, chise's, etc., or by any military or other authority whatever, in the gan edin Ctuba Island of Cuba during the occupation thereof by the occupation. United States. Fifty-sixth Congress, first session. CHAP. 15.-An Act Relating to Cuban vessels. February 10, 1900. Be it enacted by the Senate and House of Representatives [Public,No. 15.] of the United States ofAmericain Congress assembled, That 31 Stats. L., p. vessels owned by citizens of Cuba and documented as such 2Cuban vessels by officers of the United States shall hereafter be entitled tohaverightsof in ports of the United States to the rights and privileges of nations, etc. vessels of the most favored nation, and they and their cargoes shall be subject to no higher charges in ports of the United States than are imposed on the vessels and cargoes of the most favored nation in the same trade. SEC. 2. That the Secretary of the Treasury is hereby Refund of authorized to refund, out of any money in the Treasury not dues, etc. otherwise appropriated, upon application and satisfactory evidence, tonnage taxes and light dues which have been imposed on vessels owned by citizens of Cuba entering ports of the United States since April eleventh, eighteen hundred and ninety-nine, which have been in excess of the tonnage taxes prescribed by section eleven of the Act of June nineteenth, eighteen hundred and eighty-six. CHAP. 555.-An Act Making appropriations for the DepartMay 25,1900. ment of Agriculture for the fiscal year ending June thirtieth, nine[Public,No.121.] teen hundred and one. 31 Stats. L., p. 191. MISCELLANEOUS. * * SOIL INVESTIGATIONS: * to investigate the soils and conditions of growth in Cuba, Sumatra, and other competing countries; to investigate the methods of curing, with particular reference to fermentation; to originate, through selection and breeding, improved varieties of the principal tobacco districts of the United States, and to secure, as far as may be, a change in the methods of supplying tobacco to foreign countries; * for materials, tools, instruments, apparatus, gas and electric current, supplies, and for traveling expenses, freight and express charges, twenty-five thousand dollars, of which sum ten thousand dollars, or so much thereof as may be necessary, may be expended by the Secretary of Agriculture for the purpose of demonstrating the practical value of underdrainage and other methods of reclaiming alkali lands. * & & & & &

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118 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty-sixth Congress, second session. March 2, 1901. CHAP. 803.-An Act Making appropriation for the support of [Public,No.118.] the Army for the fiscal year ending June thirtieth, nineteen hun31 Stats. L., p. dred and two. 895. x &* & Cuba. Provided further, That in fulfillment of the declaration Future relacontained in the joint resolution approved April twentions with United states tieth, eighteen hundred and ninety-eight, entitled, "For must be defined the recognition of the independence of the people of Cuba, in Constitution. .. demanding that the Government of Spain relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect," the President is hereby authorized to "leave the government and control of the island of Cuba to its people" so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, substantially as follows: I. Conditions. --treaties. That the government of Cuba shall never enter into any treaty or other compact with any foreign power or powers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes or otherwise, lodgment in or control over any portion of said island. II. -public debt. That said government shall not assume or contract any public debt, to pay the interest upon which, and to make reasonable sinking fund provision for the ultimate discharge of which, the ordinary revenues of the island, after defraying the current expenses of government shall be inadequate. III. -intervention That the government of Cuba consents that the United by United States. States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for discharging. the obligations with respect to Cuba imposed by the treaty of Paris on the United States, now to be assumed and undertaken by the government of Cuba. -IV. -acts of United That all Acts of the United States in Cuba during its States during military oceu-military occupancy thereof are ratified and validated, and pancy ratified. all lawful rights acquired thereunder shall be maintained and protected.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS 119 V. That the government of Cuba will execute, and as far as -sanitarymeasnecessary extend, the plans already devised or other plans res to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the southern ports of the United States and the people residing therein. VI. That the Isle of Pines shall be omitted from the pro-Isle of Pines. posed constitutional boundaries of Cuba, the title thereto being left to future adjustment by treaty. VII. That to enable the United States to maintain the inde--coaling stapendence of Cuba, and to protect the people thereof, as t well as for its own defense, the government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations at certain specified points, to be agreed upon with the President of the United States. VIII. That by way of further assurance the government of -foregoing to Cuba will embody the foregoing provisions in a permaa treaty. nent treaty with the United States. * * * * CHAP. 805.-An Act Making appropriations for the DepartMarch 2,1901. ment of Agriculture for the fiscal year ending June thirtieth, nineIPublic,No.120.] teen hundred and two. 31 Stats. L., p. * * 922. DEPARTMENT OF AGRICULTURE. * * GENERAL EXPENSES, BUREAU OF SOILS: * to investigate the soils and conditions of tobacco growth in Cuba, Sumatra, and other tobacco competing countries; to investigate, in cooperation with the Bureau of Plant Industry, the methods of curing, with particular reference to fermentation; to originate, through selection and breeding, improved varieties for the principal tobacco districts of the United States, and to secure, as far as may be, a change in the methods of supplying tobacco to foreign countries; * ninety-one thousand dollars, ten thousand dollars of which shall be immediately available. *

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120 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. March 3,1901. CHAP. 831.-An Act Making appropriations to supply deficien[Public,No.136.] cies in the appropriations for the fiscal year ending June thirtieth, 31 Stats. L., p. nineteen hundred and one, and for prior years, and for other pur1010. poses. &* &* &* TREASURY DEPARTMENT. 8 * &* ReimburseREIMBURSEMENT OF CUBAN REVENUES: To enable the nent of Cuban revenues. Secretary of the Treasury to reimburse the revenues of the island of Cuba for the amount expended in said island in furnishing information to the Secretary of War, as directed by him, relating to receipts and expenditures in said island, heretofore paid from said revenues, the sum of fifteen thousand seven hundred and eighty-six dollars and ninety-one cents. Fifty-seventh Congress, first session. May 16, 1902. CHAP. 792.-An Act Making appropriations for the diplomatic [Public,No.116.] and consular service in the Republic of Cuba. 32 Stats. L., pt. 1, p. 199. Be it enacted by the Senate and House of Representatives Cuba. ofthe United States ofArmericain Congressassembled, That App ropriaCnrs tion Yor diplothe following sums be, and they are hereby, severally apmatic and con-propriated in full compensation for the diplomatic and sular service mn. consular service of the United States in the Republic of Cuba for the fiscal year ending June thirtieth, nineteen hundred and three, and from May twentieth, nineteen hundred and two, until and including June thirtieth, nineteen hundred and two, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: Salaries. For salaries of minister and secretaries: Envoy extraorMinisters and secretaries, dinary and minister plenipotentiary to Cuba, twelve thousand dollars; secretary of legation to Cuba, two thouand dollars; second secretary of legation to Cuba, one, thousand five hundred dollars. consul-genFor salaries of consul-general and consuls: Consul.an congeneral at Iabana, five thousand dollars; consul at Cienfuegos, three thousand dollars; consul at Santiago de Cuba, three thousand dollars. June 3, 1902. CHAP. 985.-An Act Making appropriations for the Department [Public,No.139.] of Agriculture for the fiscal year ending June thirtieth, nineteen 32 Stats. L., pt. hundred and three. 1, p. 286. & C 'IC & C 'IC DEPARTMENT OF AGRICULTURE. Tobacco. &* &* &* GENERAL EXPENSES, BUREAU OF SOILS * to investigate the soils and conditions of tobacco growth in &

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 121 Cuba, Sumatra, and other tobacco-competing countries; to investigate, in cooperation with the Bureau of Plant Industry, the methods of curing, with particular reference to fermentation; to originate, through selection and breeding, improved varieties for the principal tobacco districts of the United States, and to secure, as far as may be, a change in the methods of supplying tobacco to foreign countries; * one hundred and thirty thousand dollars. * * * * CHAP. 1351.-An Act Making appropriations to supply deficienJuly 1,1902. cies in the appropriations for the fiscal year ending June thirtieth, [Public,No.217.] nineteen hundred and two, and for prior years, and for other pur32Stats.L.,pt. poses. 1, p. 552. DEPARTMENT OF STATE. * * FOREIGN INTERCOURSE. For equipment of the legation of the United States in Cuba. Cuba and for necessary expenses of the legation and forpe ses.tion ex. necessary contingent expenses of the legation, including clerk hire, messenger service, janitor, stationery, blank forms, blank books, books for the legation library, and all other requisite and necessary expenses of the legation, to be expended under the direction of the Secretary of State and to continue available for the fiscal year nineteen hundred and three, five thousand dollars. For clerk hire at consulates in Cuba, to be expended Consulates. under the direction of the Secretary of State, and to conClerk hire. tinue available for the fiscal year nineteen hundred and three, namely: At Habana, two thousand dollars; at CienHabana. fuegos, five hundred dollars; at Santiago, five hundred Cienuegos. dollars; in all, three thousand dollars. For contingent expenses of consulates in Cuba, to be Contingent expended under the direction of the Secretary of State, expenses. and to continue available during the fiscal year nineteen hundred and three, ten thousand dollars. * * Fifty-seventh Congress, second session. CHAP. 187.-An Act For the refund of certain tonnage taxes. January 14,1903. [Public, No. 26.] Be it enacted by the Senate and House of Representatives ,'ts. L. pt. ofthe United States of America in Congress assembled, That s t e a me rs the Secretary of the Treasury be, and he is hereby, authorCuba," "Sand ized and directed to refund, out of any money in the ag0,oai ef: Treasury not otherwise appropriated, additional tonnage da." e ta taxes, at the rate of one dollar per ton, amounting to seven refunded to.

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122 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. thousand three hundred and fifty-two dollars, heretofore levied on the steamers Santiago de Cuba, Santiago, Cienfuegos, and Olinda on entry at New York from Cuban ports. March 3,1903. CHAP. 1007.-An Act Making appropriations for sundry civil [Public,No.157.1 expenses of the Government for the fiscal year ending June thir32 Stats. L.,pt. tieth, nineteen hundred and four, and for other purposes. 1, p. 1083. * * UNDER THE WAR DEPARTMENT. * * Miscellaneous. MISCELLANEOUS OBJECTS, WAR DEPARTMENT. * * Cuba. o CARE OF CIVIL RECORDS OF THE LATE MILITARY GOVCare of civil records,etc. ERNMENT OF CUBA: For classification, arrangement, care, and storage of the civil records of the late military government of occupation of Cuba, including hire of clerks, messengers, and every other necessary expense in connection therewith, eleven thousand two hundred and eighty dollars, to be immediately available. * * * * 2larch3,1903. CHAP. 1008.-An Act Making appropriations for the Depart[Public,No.158.] ment of Agriculture for the fiscal year ending June thirtieth, nine32 Stats. L., pt. teen hundred and four. 1, p. 1147. * * DEPARTMENT OF AGRICULTURE. * * Tobacco. GENERAL EXPENSES, BUREAU OF SOILS: * to investigate the soils and conditions of tobacco growth in Cuba, Sumatra, and other tobacco-competing countries; to investigate, in cooperation with the Bureau of Plant Industry, the methods of curing, with particular reference to fermentation; to originate, through selection and breeding, improved varieties for the principal tobacco districts of the United States, and to secure, as far as may be, a change in the methods of supplying tobacco to foreign countries; * one hundred and seventy thousand dollars. * * * *

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LEGISLATION APPLICABLE TO ALL THE INSULAR POSSESSIONS AND CUBA. Fifty-fifth Congress, third session. CHAP. 424.-An Act Making appropriations for sundry civil March 3,1899. expenses of the Government for the fiscal year ending June thirtieth, [Public,No.188.] nineteen hundred, and for other purposes. 30 Stats. L., p, 1074. * * UNDER THE TREASURY DEPARTMENT. * * COAST AND GEODETIC SURVEY. For every expenditure requisite for and incident to the Expenses sur. survey of the coasts of the United States and of coasts e orseacoasts, under the jurisdiction of the United States, including the survey of rivers to the head of tide water or ship navigation; * to, be expended in accordance with the regulations relating to the Coast and Geodetic Survey from time to time prescribed by the Secretary of the Treasury, and under the following heads. * * FOR FIELD EXPENSES: For surveys and necessary reFieldexpenses, surveys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately available, and to continue available until expended: Provided, Proviso. That not more than twenty-five thousand dollars of thisianlying isamount shall be expended on the coasts of the beforementioned outlying islands, seventy thousand dollars. For surveys and necessary resurveys of the Pacific Hawaiian Is. coast, including the Hawaiian Islands and Alaska and etc. Alaska, other coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to remain available until expended: Provided, That not more Proviso. than twenty-five thousand dollars of this amount shall be outside nAlaska, expended outside of Alaska and the Pacific coast of the etc. United States, seventy thousand dollars. For continuing researches in physical hydrography relating to harbors and bars, and for tidal and current observations on the coast of the United States, or other coasts under the jurisdiction of the United States, five thousand dollars. For off-shore soundings and examination of reported dangers on the coast of the United States, and of coasts 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 em123

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124 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ployment of such pilots and nautical experts in the field and office as may be necessary for the samve, ten thousand one hundred dollars. 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, for continuing the line of exact levels between the Atlantic, Pacific, and 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, twenty-seven thousand dollars. * * * * Fifty-sixth Congress, first session. April 4,1900. CHAP. 159.-An Act Making appropriations for the diplomatic [Public, No. 57.] and consular service for the fiscal year ending June thirtieth, nine31 Stats. L., p. teen hundred and one. So. * * RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Cuba, Puerto Rico, and the Philippine Islands, or so much thereof as may be necessary, thirty thousand dollars. * * May 31,1900. CHAP. 600.-An Act To facilitate the entry of steamships en[Public,No.13d.] gaged in the coasting trade between Porto Rico and the Territory 31 Stats. L., p. of Hawaii and the United States. 249. Be it enacted by the Senate and House of Representatives Entry of steamof the United States of America in Congress assembled, That tr ad between the provisions of the Act of June fifth, eighteen hundred o ico, a and ninety-four, entitled "An Act to facilitate the entry United States, of steamships," are hereby extended to steamships enetc. gaged in trading between ports of Porto Rico and the Territory of Hawaii and those of the United States. June 2,1900. CHAP. 613.-An Act Making appropriations for the service of [Public,No.138.] the Post-Office Department for the fiscal year ending June thirtieth, 31 Stats. L., p. nineteen hundred and one. 252. * * OFFICE OF THE POSTMASTER-GENERAL. * * For service in For postal service in the newly acquired territory in newly acquired deHwia n h territory, etc. Porto Rico, the Hawaiian Islands, and the Philippine Islands, or territory held by military occupation, and for

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 125 additional transportation to and from said territory, also including postal service for all military camps or stations, to be used in the discretion of the Postmaster-General, two hundred thousand dollars: * * * * For transportation of foreign mails, two million two Foreignmails, hundred and forty-eight thousand dollars, including addiSteamelup~om tional compensation to the Oceanic Steamship Company pany for transporting the mails by its steamers sailing from San Francisco to New Zealand and New South Wales by way of Honolulu, all mails made up in the United States destined for the Hawaiian Islands, the Australian colonies, New Caledonia, and the islands in the Pacific Ocean, eighty thousand dollars: Provided, That the sum paid Provisos. -liit ermile, the said Oceanic Steamship Company shall not exceed two Cle r k s on. dollars per mile, as authorized by Act of March third, steamers. eighteen hundred and ninety-one, entitled "An Act to provide for ocean mail service between the United States and foreign ports, and to promote commerce." * * * * CHAP. 785.-An Act Making appropriations to supply deficiencies June 6, 1900. in the appropriations for the fiscal year ending June thirtieth, nine[PublicNo.157.1 teen hundred, and for prior years, and for other purposes. 31 Stats.L.,p. 280. * * TREASURY DEPARTMENT. Treasury De partment. CONTINGENT EXPENSES. Contingent expenses. * * QUARANTINE SERVICE: For the maintenance and ordiQuarantine; service. nary expenses, including pay of officers and employees of quarantine stations at Delaware Breakwater, Reedy Island, Cape Charles and supplemental station, Cape Fear, Savannah, South Atlantic, Brunswick, Gulf, Tortugas, San Diego, San Francisco, Columbia River, Port Townsend, and in Porto Rico and Hawaii, thirty-five thousand dollars. * * * * CHAP. 791.-An Act Making appropriations for sundry civil June 6, 1900. expenses of the Government for the fiscal year ending June thirti[Public,No.163.] eth, nineteen hundred and one, and for other purposes. 31 Stats. L., p. * * 58. UNDER THE TREASURY DEPARTMENT. * * COAST AND GEODETIC SURVEY. For every expenditure requisite for and incident to the Expenses sursurvey of the coasts of the United States and of coasts ec.0seacoasts, under the jurisdiction of the United States, including the survey of rivers to the head of tide water or ship naviga-

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. tion; * to be expended in accordance with the regulations relating to the Coast and Geodetic Survey from time to time prescribed by the Secretary of the Treasury, and under the following heads: * * Fieldexpenses. FOR FIELD EXPENSES: For surveys and necessary resurveys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately available, Proviso. and to continue available until expended: Provided, That not more than twenty-five thousand dollars of this amount shall be expended on the coasts of the before-mentioned Outlying i soutlying islands, seventy thousand dollars; For surveys and necessary resurveys of the Pacific coast, Hawaiian i including the Hawaiian Islands and Alaska and other etc.' coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to continue available until expended, one hundred and seven thousand five hundred dollars; For continuing researches in physical hydrography relating 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, five thousand dollars; For offshore soundings and examination of reported dangers on the coasts of the United States, and of coasts 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, ten thousand one hundred dollars; 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 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 6, 1900. CHAP. 793.-An Act Amending section fifty-two hundred and [Public,No.165.] seventy of the Revised Statutes of the United States. 31 Stats. L., p. me. .Be it enacted by the Senate and House of Representatives wxtraditrion of the United States of Americain Congress assembled, That under control section fifty-two hundred and seventy of the Revised of the United States. Statutes of the United States is hereby amended by adding Pg .2.5ef thereto the following proviso: "Provided, That whenever any foreign country or ter126

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ritory, or any part thereof, is occupied by or under the control of the United States, any person who shall violate, or who has violated, the criminal laws in force therein, by the commission of any of the following offenses, namely: murder and assault with intent to commit murder; counExtraditable offenses terfeiting or altering money, or uttering or bringing into fiep circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or to the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections Procedure. fifty-two hundred and seventy to fifty-two hundred and aR, se.12seventy-seven of this title, so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, Provio. That no return or surrender shall be made of any person fenses e opted. charged with the commission of any offense of a political nature. If so held such person shall be returned and Surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial." 127

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128 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. June 6, 1900. CHAP. 797.-An Act To provide better facilities for the safe[Public, No.169.1 keeping and disbursement of public moneys in the Philippine Islands 31 Stats. L., p. and in the islands of Cuba and Porto Rico. 658. Be it enacted by the Senate and House of Representatives Cuba, Porto of the United States of America in Congress assembled, That ice an Philthe Secretary of the Treasury is hereby authorized to desDesignationof ignate one or more banks or bankers in the Philippine depositories forb public moneys. Islands and in the islands of Cuba and Porto Rico in which Provity depublic moneys maybe deposited: Provided, That the banks posit. or bankers thus designated shall give satisfactory security for the safe-keeping and prompt payment of the public moneys so deposited by depositing in the Treasury, United States bonds to an amount not less than the aggregate sum Applicationto at any time on deposit with such banks or bankers: And Cuba. provided further, That this Act shall apply to Cuba only while occupied by the United States. June 6,1900. CHAP. 820.-An Act To amend an Act to prohibit the passage of [Public,No192.] special or local laws in the Territories, to limit the Territorial in31 Stats. L., p. debtedness, and so forth. 6ss. Be it enacted by the Senate and House of Representatives Territories. of the United States of America in Congress assembled, That the Act of Congress approved July thirtieth, eighteen hundred and eighty-six, entitled "An Act to prohibit the passage of local or special laws of the Territories of the United States, to limit Territorial indebtedness, and for other putMunicipal poses," is hereby amended so as to permit, authorize, and city buildings legalize the issuance of bonds by chartered municipal coran dsit es authorized. orations having a bona fide population of not less than ten thousand persons, in any Territory of the United States, for erecting a city building and purchasing the ground for the same. The limitations of said Act of July thirtieth, eighteen hundred and eighty-six, shall not apply to such Provisos. municipal corporations: Provided, That before any bonds Election to precede issue. shall be issued the mayor and common council of such municipal corporation shall cause an election to be held in -notice of. such city or town, and the mayor and common council of such municipal corporation shall cause to be published in a newspaper of general circulation published in said city or town a notice of the time and place or places of holding -qualified such election. Such notice shall be given not more than sixty nor less than thirty days before such election. On the question of the issuance of said bonds no person shall be qualified to vote except he be in all respects a qualified elector and owner of real or personal property subject to taxation within the municipality. In case two-thirds of the qualified voters, as above described, shall vote affirmatively for the issuance of said bonds, then the mayor and common council shall issue the same, and not otherwise. Form, interSaid bonds shall contain all necessary provisions as to est, etc. form, and such municipality shall provide a proper sinking fund for the redemption of said bonds. Said bonds shall not bear a rate of interest exceeding five per centum,

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 129 and the interest shall be paid semiannually, and none of said bonds shall be sold at less than their par value: Provided further, That no city under this Act shall issue bonds Limitofissue. in excess of thirty thousand dollars. Fifty-sixth Congress, second session. CHAP. 802.-An Act Making appropriations for the diplomatic March 2, 1901. and consular service for the fiscal year ending June thirtieth, nine[Public,No.116.] teen hundred and two. 31 Stats. L., p. 882. * * RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Cuba, Porto Rico, and the Philippine Islands, or so much thereof as may be necessary, thirty thousand dollars. * * * * CHAP. 853.-An Act Making appropriations for sundry civil March 3,1901. expenses of the Government for the fiscal year ending June thirtieth, [Public,No.158.] nineteen hundred and two, and for other purposes. 31 Stats. L., p. 1133. * * UNDER THE TREASURY DEPARTMENT. * * COAST AND GEODETIC SURVEY. For every expenditure requisite for and incident to the Expenses sursurvey of the coasts of the United States and of coastsei oseacoasts under the jurisdiction of the United States, including the survey of rivers to the head of tide water or ship navigation; deep-sea soundings, temperature and current observations along the coast and throughout the Gulf Stream and Japan Stream flowing off the said coasts; tidal observations; the necessary resurveys; the preparation of the Coast Pilot; * * * * FOR FIELD EXPENSES: For surveys and necessary reField exsurveys of the Atlantic and Gulf coasts of the United penses. States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately available, and to continue available until expended: Provided, Proviso. That rot more than twenty-five thousand dollars of this Outlying isamount shall be expended on the coasts of the beforelands. mentioned outlying islands, seventy thousand dollars. For surveys and necessary resurveys of the Pacific coast, S. Doc. 105, 58-29

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130 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Hawaiian isincluding the Hawaiian Islands and Alaska and other lands, Alaska, coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to continue available until expended, one hundred and seven thousand five hundred dollars. For continuing researches in physical hydrography relating 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, five thousand dollars. For offshore soundings and examination of reported dangers on the coasts of the United States, and of coasts 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, ten thousand one hundred dollars. 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 Gulf coasts; * fifty thousand dollars. h 3, 1901. e,No.176.] ats. L., p. * * CHAP. 871.-An Act To amend section fifty-one hundred and fifty-three of the Revised Statutes of the United States. Be it enacted by the Senate and House of Representatives tio na1 of the United States of America in Congress assembled, That ofepublic section fifty-one hundred and fifty-three of the Revised s, except Statutes of the United States be amended to read as folms relows: ption not "SEc. 5153. All national banking associations, desigable to i, Alaska, nated for that purpose by the Secretary of the Treasury, sec. 515s, shall be depositaries of public money, except receipts from amended. customs, under such regulations as maybe prescribed by the Secretary, but receipts derived from duties on imports in Alaska, the Hawaiian Islands, and other islands under the jurisdiction of the United States may be deposited in such depositaries subject to such regulations; and such depositaries may also be employed as financial agents of the Government; and they shall perform all such reasonable duties as depositaries of public moneys and financial agents of the Government as may be required of them. The Secretary of the Treasury shall require the associations thus designated to give satisfactory security, by the deposit of United States bonds and otherwise, for the safe-keeping and prompt payment of the pu blic money deposited with them, and for the faithful performance of their duties Marc [Publi 31St 1446. Na banks taries money custo ceipts. -exce applic Hawai etc. IR. S. P. 996,

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. as financial agents of the Government. And every association so designated as receiver or depositary of the public money shall take and receive at par all of the national currency bills, by whatever association issued, which have been paid into the Government for internal revenue or for loans or stocks." Fifty-seventh Congress, first session. CHAP. 17.-An Act Making appropriations to supply urgent February 14, deficiencies in the appropriations for the fiscal year ending June la_ thirtieth, nineteen hundred and two, and for prior years, and for [Public, No. 9.] other purposes. 32 Stats. L., pt. p. 5. * * DEPARTMENT OF JUSTICE. * * INSULAR AND TERRITORIAL AFFAIRS: For defraying the Inular and ...Territorial afnecessary expenses incurred in the conduct of insular and fairs. other territorial matters and affairs within the jurisdiction Expenses. of the Department of Justice, including the payment of the necessary employees-at the seat of government or elsewhere, to be selected and their compensation fixed by the Attorney-General, and to be expended under his direction, twelve thousand five hundred dollars. * * * * CHAP. 272.-An Act Making appropriations for the diplomatic March 22,1902. and consular service for the fiscal year ending June thirtieth, nine[Public, No.54.] teen hundred and three.VStats. L.,pt 1, p. 76. * RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign countries, and shipwrecked American seamen in the Territory of Alaska, in the Hawaiian Islands, Cuba, Porto Rico, and the Philippine Islands, or so much thereof as may be necessary, thirty thousand dollars. * * * CHAP. 273.-An Act For the acknowledgment of deeds and March 22,1902. other instruments in the Philippine Islands and Porto Rico affect[Public, No.55.] ing land situate in the District of Columbia or any Territory of the 32 Stats. L., pt. United States. 1, P. 88. Be it enacted by the Senate and House of Representatives Philippine Isof the United States ofAmericain Congress assembled, That jRd s and Porto deeds and other instruments affecting land situate in the Deedsetc.,afDistrict of Columbia or any Territory of the United States District of omay be acknowledged in the Philippine Islands and Porto ."binandTerRico before any notary public appointed therein by proper acknowle a'ged authority or any officer therein who has ex officio the o notaries 1.31 *

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132 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Pro"io Powers of a notary public: Provided, That the certificate of notary's by such notary in the Philippine Islands or in Porto Rico, power. as the case may be, shall be accompanied by the certificate of the attorney-general of Porto Rico or the governor or attorney-general of the Philippine Islands to the effect that the notary taking said acknowledgment was in fact the officer he purported to be. April 29, 1902. CHAP. 637.-An Act To facilitate the procurement of statistics [Public. No. 86.1 of trade between the United States and its noncontiguous territory. 32 Stats. L., pt. 1, p. 172. Be it enacted by the Senate and House of Representatives Shipping. of the United States of America in Congress assembled, That recumednt a the provisions of sections four thousand one hundred and with Hawaii,ninety-seven to four thousand two hundred, inclusive, of Alaska Pilip the Revised Statutes of the United States, requiring statei ne s, a n d ments of quantity and value of goods carried by vessels clearing from the United States to foreign ports, shall be extended to and govern, under such regulations as the Secretary of the Treasury shall prescribe, in the trade between the United States and Hawaii, Porto Rico, Alaska, the Philippine Islands, Guam, and its other noncontiguous territory, and shall also govern in the trade conducted between said islands and territory, and in shipments from said islands or territory to other parts of the United States: Proviso. Provided, That this law shall not apply in the Philippine tradeilippine Islands during such time as the collectors of customs of those islands are under the jurisdiction of the War Department. April 29, 1902. CHAP. 641.-An Act To prohibit the coming into and to regu[Puc St 9. late the residence within the United States, its Territories, and all nPublic sL:,t territory under its jurisdiction, and the District of Columbia, of 1, p. 176. Chinese and persons of Chinese descent. Be it enacted by the Senate and House of Representatives Chinese exof the United States of Americain Congress assembled, That clusion. Immigration all laws now in force prohibiting and regulating the comPrhiebditio ing of Chinese persons, and persons of Chinese descent, extended to isinto the United States, and the residence of such perland territories. sons therein, including sections five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of the Act entitled "An Act to prohibit the coming of Chinese laborers into the United States" approved September thirteenth, eighteen hundred and eighty-eight, be, and the same are hereby, re-enacted, extended, and continued so far as the same are not inconsistent with treaty obligations, until otherwise provided by law, and said laws shall also apply to the island territory under the jurisdiction of the Immigration United States, and prohibit the immigration of Chinese ftniln t:laborers, not citizens of the United States, from such landprohibited. island territory to the mainland territory of the United States, whether in such island territory at the time of cession or not, and from one portion of the island territory of the United States to another portion of said island

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LAWS RELATING 'O INSULAR AND MILITARY AFFAIRS. territory: Provided, however, That said laws shall not Proviso. apply to the transit of Chinese laborers from one island mitted. to another island of the same group; and any islands within the jurisdiction of any State or the District of 'Alaska shall be considered a part of the mainland under this section. SEC. 2. That the Secretary of the Treasury is hereby secretary of .= Treasury to preauthorized and empowered to make and prescribe, and scribe regulafrom time to time to change, such rules and regulations tions, etc. not inconsistent with the laws of the land as he may deem necessary and proper to execute the provisions of this Act and of the Acts hereby extended and continued and of the treaty of December eighth, eighteen hundred and ninety-four, between the United States and China, and with the approval of the President to appoint such agents as he may deem necessary for the efficient execution of said treaty and said Acts. SEC. 3. That nothing in the provisions of this Act or Aliencontract any other Act shall be construed to prevent, hinder, or Permission to restrict any foreign exhibitor, representative, or citizen foreign exhibit..ors at exposiof any foreign nation, or the holder, who is a citizen of tionsauthorized any foreign nation, of any concession or privilege from by Congress. any fair or exposition authorized by Act of Congress from bringing into the United States, under contract, such mechanics, artisans, agents, or other employees, natives of their respective foreign countries, as they or any of them may deem necessary for the purpose of making preparation for installing or conducting their exhibits or of preparing for installing or conducting any business authorized or permitted under or by virtue of or pertaining to any concession or privilege which may have been or may be granted by any said fair or exposition in connection with such exposition, inder such rules and regulations as the Regulations. Secretary of the Treasury may prescribe, both as to the admission and return of such person or persons. SEc. 4. That it shall be the duty of every Chinese laCertificates of borer, other than a citizen, rightfully in, and entitled to Chiese in inremain in any of the insular territory of the United States sular territory. (Hawaii excepted) at the time of the passage of this Act, to obtain within one year thereafter a certificate of residence in the insular territory wherein lie resides, which certificate shall entitle him to residence therein, and upon failure to obtain such certificate as herein provided lie shall be deported from such insular territory; and the PhilipPhilippine pine Commission is authorized and required to make all prescribe reguregulations and provisions necessary for the enforcement rations, etc. of this section in the Philippine Islands, including the form and substance of the certificate of residence so that the same shall clearly and sufficiently identify the holder thereof and enable officials to prevent fraud in the transfer of the same: Provided, however, That if said Philippine Proso. a Commission shall find that it is impossible to complete timemaybe ex the registration herein provided for within one year from tended. the passage of this Act, said Commission is hereby authorized and empowered to extend the time for such registration for a further period not exceeding one year. 133

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134 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Junel4,1902. CHAP. 1088.-An Act To amend sections four thousand and [Public,No.158.] seventy-six, four thousand and seventy-eight, and four thousand 32 Stats. L., pt. and seventy-five of the Revised Statutes. 1, p. 386. Be it enacted by the Senate and House of Representativesi Passeoes:, inof the United States ofAmericain Congress assembled, That insular posses-section four thousand and seventy-five of the Revised s s., see. 4o7s, Statutes of the United States is hereby amended by insertp. 785, amended. ing after the phrase "consular officers of the United States" the following: "and by such chief or other executive officer of the insular possessions of the United States." Allegiance SEc. 2. That section four thousand and seventy-six of necessary. .S., sec. 4076, the Revised Statutes is hereby amended so as to read as p. 786, amended. follows: "No passport shall be granted or issued to or verified for any other persons than those owing allegiance, whether citizens or not, to the United States." Passports to SEC. 3. That section four thousand and seventy-eight persons not owing allegiance, is hereby amended so as to read: "If any person acting prohibited. R. S., sec. 4078, or claiming to act in any office or capacity under the p.786, amended. United States, its possessions, or any of the States of the United States, who shall not be lawfully authorized so to do, shall grant, issue, or verify any passport or other instrument in the nature of a passport to or for any person whomsoever, or if any consular officer who shall be authorized to grant, issue, or verify passports shall knowingly and willfully grant, issue, or verify any such passport to or for any person not owing allegiance, whether a citizen Punishment or not, to the United States, he shall be imprisoned for for violation. not more than one year or fined not more than five hunTrial, etc. dred dollars, or both; and may be charged, proceeded against, tried, convicted, and dealt with therefor in the district where he may be arrested or in custody. June 28, 1902. CHAP. 1301.-An Act Making appropriations for sundry civil [Public,No.182.] expenses of the Government for the fiscal year ending June thirti32Stats.L.,pt. eth, nineteen hundred and three, and for other purposes. 1, p. 419. * * UNDER THE TREASURY DEPARTMENT. * * COAST AND GEODETIC SURVEY. survey of For every expenditure requisite for and incident to the coasts un er the jurisdiction of survey of the coasts of the United States and of coasts taesUniteunder the jurisdiction of the United States, * to be expended in accordance with the regulations relating to the Coast and Geodetic Survey from time to time prescribed by the Secretary of the Treasury, and under the following heads: * * Field e xFOR FIELD EXPENSES: For surveys and necessary resurpenses. veys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United. States, to be immediately available

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 135 and to continue available until expended: Provided, That Proviso. not more than twenty-five thousand dollars of this amount Limit of exshall be expended on the coasts of the before-mentioned penditures outlying islands, seventy thousand dollars. For surveys and necessary resurveys of the Pacific coast, Pacific coast, including the Hawaiian Islands and Alaska and other etc' coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available and to continue available until expended, one hundred and seven thousand five hundred dollars. For continuing researches in physical hydrography relating 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, five thousand dollars. For offshore soundings and examination of reported coastPilot. dangers on the coasts of the United States, and of coasts 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. UNDER THE WAR DEPARTMENT. BRINGING HOME THE REMAINS OF CIVIL EMPLOYEES OF Bringinghome remamns of civil THE ARMY WHO DIE ABROAD AND SOLDIERS WHO DIE ON employees and TRANSPORTS: To enable the Secretary of War, in his dissoldiers dying cretion, to cause to be transported to their homes the of transports. remains of civilian employees of the Army who have died, or may hereafter die, while in the employ of the War Department in Cuba, Porto Rico, Hawaii, China, Alaska, and the Philippines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport, and who die while on said transport, ten thousand dollars. UNDER THE DEPARTMENT OF JUSTICE. MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. INSULAR AND TERRITORIAL AFFAIRS: For defraying the Insular, etc., necessary expenses incurred in the conduct of insular and affairs. other territorial matters and affairs within the jurisdiction of the Department of Justice, including the payment of necessary employees at the seat of government or elsewhere, to be selected and their compensation fixed by the Attorney-General, and to be expended under his direction, twenty-five thousand dollars. * * *

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186 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. July 1, 1902. CHAP. 1351.-An Act Making appropriations to supply deficien[Public,No.217.] cies in the appropriations for the fiscal year ending June thirtieth, 32stats.L.,pt. nineteen hundred and two, and for prior years, and for other pur1,p.552. poses. * WAR DEPARTMENT. & & * CubaandPhilSTATEMENT OF RECEIPTS AND EXPENDITURES IN CUBA ippines Statement of AND THE PHILIPPINE ISLANDS: To enable the Secretary of reeipts an exWar to employ temporary force and to pay all necessary expenses, including rent of rooms not to exceed one thousand five hundred dollars, in compiling for the informa. tion of Congress a detailed statement of the receipts and expenditures by the military government of Cuba since May first, nineteen hundred, in continuation and completion of the statement heretofore furnished of such receipts and expenditures covering the period from the beginning of American occupation to and including April thirtieth, nineteen hundred; and to enable the Secretary of War to pay all necessary expenses in compiling for the information of Congress a similar statement relating to the Philippine Islands of all receipts and expenditures from the date of American occupation, thirty thousand dollars, or so much thereof as may be necessary, to be available until expended. * 4, July 1,1902. CHAP. 1355.-An Act For the further distribution of the reports [Public,No.221.] of the Supreme Court, and for other purposes. 32 Stats. L., pt. 1, p63o Be it enacted by the Senate and House of Representatives Sur reme of the United States of America in Congress assembled, That Further disthe Secretary of the Interior be, and he is hereby, authortribution of. ized and directed to distribute to each of the followingp. 126,amended, named officers of the United States, additional to those named in section six hundred and eighty-three of the Revised States, namely: Each assistant Attorney-General; the Solicitor of the Department of State; the Comptroller of the Currency; the Judge-Advocate-General, Navy 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, and the attorney for the District of Columbia, one copy of each volume of the Official Reports of the Supreme Court of the United States, including those already published and those hereafter to be published, or a reprint of the same, or so many of said volumes as with those already in the possession of any of those officers will make a complete set; and he shall also distribute of the same reports to the law library of the Department of the Interior and the library of the Department of Justice each two sets, and to the marshal of said court, as custodian of public property used by same, three copies of said reports hereafter printed, for use in the conference room, the robing room, and the court room of said court for the use of the justices thereof, and to each United States circuit and district judge and

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to each judge of the court of appeals of the District of Columbia who has not already been supplied, one set; and he shall also distribute to each additional United States judge hereafter appointed one complete set of said reports, which shall in all cases be transmitted to their successors in office, and to the Secretary of the Senate for the use of the committees of the Senate ten complete sets of said reports, and to the Clerk of the House of Representatives, to be distributed to and for the use of the coinmittees of said House, ten complete sets of said reports. SEc. 2. That the Secretaryof the Interior shall likewise Tocircuit and distribute to each of the places where circuit and district district courts. courts of the United States are now holden, including the Indian Territory, islands of Hawaii and Porto Rico, to which they have not already been supplied under the provisions of the Act of Congress approved February twelfth, vol. 5, p. 661. eighteen hundred and eighty-nine, and to the Naval Other places. Academy at Annapolis and to the Military Academy at West Point, one complete set of the Reports of the Supreme Court, including those already published and those hereafter to be published, or a reprint of the same, or such volumes as with those already furnished will make one complete set, the judges holding such courts to select the edition of such reports to be suppled for such courts; and he shall also distribute to the Secretary of War twelve complete sets for the use of the proper courts and offices of the Philippine Islands and of the headquarters of military departments in the United States, in his discretion, and to each and every place where a new circuit and district court may be hereafter established one complete set of said reports; and the clerks of said courts shall, in all cases, keep these reports for the use of the courts and the officers thereof: Provided, however, That no distribution Proviso. of reports under this section shall be made to any place Restriction. where the court is not held in a building owned by the United States, or where there is no United States officer to whose responsible custody they can be committed. SEc. 3. That, beginning with volume one hundred and Additional eighty-three, the publishers of the decisions of the Supreme publishers.rom Court shall deliver to the Secretary of the Interior, in addition to the number heretofore supplied bylaw, one hundred and four copies of each and every volume of such decisions, and they shall also deliver the seventy-six additional copies provided for in the Act of February twelfth, eighteen hundred and eighty-nine, heretofore delivered by the reporter of the Supreme Court, twenty-five copies of which shall be deposited in the law library of the Supreme Court. SEc. 4. That the Secretary of the Interior shall likewise Distribution distribute to each, United States judge to whom and to of digest. each place to which the Decisions of the Supreme Court are sent under the provisions of this Act or of prior laws, a copy of such digest now published, or in course of publication, of the Supreme Court Reports in four volumes covering the decisions of said court to tile end of the October Term, eighteen hundred and ninety-eight, or a later period, and to cost not more than twenty-six dollars, as the several Judges and officials shall select respectively. 137

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138 LAWS RELATINGTO INSULAR AND MILITARY AFFAIRS. Revised StatSEC. 5. That the Secretary of the Interior shall, at the utes and supplements. beginning of the first session of each Congress, distribute toDishbu o to each Senator and Representative in such Congress who Congress. may in writing apply for the same, one copy of the Revised Statutes of the United States and the supplements thereto: Proiuse. Provided, That such applicant shall certify in his written application for the same that the volumes for which he applies are intended for his personal use exclusively: Limit. And provided further, That no Senator or Representative during his term of service shall receive more than one copy of such Revised Statutes and supplements thereto. Appropriation. SEC. 6. That such sum of money as is required to pay for the reports of the Supreme Court and for the digest, and for the Revised Statutes and supplements thereto, the delivery and distribution of which are provided for in this Act, is hereby appropriated, out of any money in the Proviso. Treasury not otherwise appropriated: Provided, That not Maximum price. to exceed two dollars per volume shall be paid for such reports and twenty-six dollars per set for such digest, the said moneys to be disbursed under the direction of the Secretary of the Interior, and the Secretary of the Interior shall include in his annual estimates submitted to Congress an estimate for both the current volumes of reports and the additional sets of reports and digest, the distribution of which is provided for in this Act. July 1, I2. CHAP. 1357.-An Act To prevent a false branding or marking [Public,No.2Z3.j of food and dairy products as to the State or Territory in which 32Stats.L.,pt. they are made or produced. 1, p. 62. Be it enacted by the Senate and House of Representatives foDair ducand of the United States of America in Congress assembled, That False labeling no person or persons, company or corporation, shall introof f rigin duce into any State or Territory of the United States or the District of Columbia from any other State or Territory of the United States or the District of Columbia, or sell in the District of Columbia or in any Territory any dairy or food products which shall be falsely labeled or branded as to the State or Territory in which they are made, produced, or grown, or cause or procure the same to be done by others. Penalty for SEC. 2. That if any person or persons violate the proviolation. visions of this Act, either in person or through another, he shall be guilty of a misdemeanor and shall be punished by a fine of not less than five hundred nor more than two thousand dollars; and that the jurisdiction for the prosecution of said misdemeanor shall be within the district of the United States court in which it is committed. July 1, 190-. CHAP. 1376.-An Act For the suppression of train robbery in [Pubic,No242 the Territories of the United States and elsewhere, and for other 32 Stats. L., pt. purposes. 1, p. 727. Be it enacted by the Senate and House of Representatives ofthae United Statesof Americain Congress assembled, That

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 139 if any person shall willfully and maliciously trespass upon Tesrain robbed or enter upon any railroad train, railroad car, or railroad ries, etc. locomotive, within any Territory of the United States, or any place subject to the exclusive jurisdiction or control thereof, with the intent to commit murder, robbery, or any unlawful violence upon or against any passenger on said train or car, or upon or against any engineer, conductor, fireman, brakeman, or any officer or employee connected with said locomotive, train, or car, or upon or against any express messenger or mail agent on said train, or in any such car thereof, or to commit any crime or offense against any person or property thereon, such person shall be punPunishment. ished by imprisonment not exceeding twenty years, or by fine not exceeding five thousand dollars, or both, at the discretion of the court. SEC. 2. That any person who shall counsel, aid, abet, A hiding and and assist in the perpetration of any of the offenses set forth in the preceding section shall be deemed to be principals therein. SEC. 3. That upon the trial of any person charged with Proofs. any offense set forth in this Act it shall not be necessary to set forth or prove the particular person against whom it was intended to commit the offense, or that it was intended to commit such offense against any particular person. Fifty-seventh Congress, second session. CHAP. 530.-An Act Making appropriations for the diplomatic February 9, and consular service for the fiscal year ending June thirtieth, nine3-__ teen hundred and four. [Public, No. 73.] * * 32 Stats. L., pt. *L1 p. 8o7. RELIEF AND PROTECTION OF AMERICAN SEAMEN. 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 the Philippine Islands, or so much thereof as may be necessary, thirty thousand dollars. * * * * CHAP. 1007.-An Act Making appropriations for sundry civil March 3, 1903. expenses of the Government for the fiscal year ending June thirtieth, [Public,No.157.] nineteen hundred and four, and for other purposes. 32Stats.L.lpt. * * UNDER TilE TREASURY DEPARTMENT. * * COAST AND GEODETIC SURVEY. For every expenditure requisite for and incident to the cotJrr to survey of the coasts of the United States and of coasts jurisdiction of under the jurisdiction of the United States, * tO t Ues.nited be expended in accordance with the regulations relating

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140 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to the Coast and Geodetic Survey from time to time prescribed by the Secretary of the Treasury, and under the following heads: Field penses. Proviso. Limits penditure Pacific etc. Coast Pi Magneti servations Pointsto surveys. "* * ex -FOR FIELD EXPENSES: For surveys and necessary resurveys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately available, and to continue available until expended: Provided, That exnot more than twenty-five thousand dollars of this amount shall be expended on the coasts of the before-mentioned outlying islands, seventy thousand dollars. coast, For surveys and necessary resurveys of the Pacific coast, including the Hawaiian Islands and Alaska and other coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to continue available until expended, one hundred and seven thousand five hundred dollars. For continuing researches in physical hydrography relating to harbors and bars, and for tiCal 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. lot. For offshore soundings and examination of reported dangers on the coasts of the United States, and of coasts 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. c obFor 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 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. UNDER THE WAR DEPARTMENT. * NATIONAL CEMETERIES. * * Bringinghome remains of civil employees and soldiers d in g on transports. BRINGING HOME THE REMAINS OF CIVIL EMPLOYEES OF THE ARMY WHO DIE ABROAD AND SOLDIERS WHO DIE ON TRANSPORTS: To enable the Secretary of War, in

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 141 his discretion, to cause to be transported to their homes the remains of civilian employees of the Army, who have died, or may hereafter die, while in the employ of the War Department in Cuba, Porto Rico, Hawaii, China, Alaska, and the Philippines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport, and who die while on said transport, five thousand dollars. UNDER THE DEPARTMENT OF JUSTICE. MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. INSULAR AND TERRITORIAL AFFAIRS: For defraying thea Insular, etc., J~SUAR dfrayng fairs. necessary expenses incurred in the conduct of insular and other territorial matters and affairs within the jurisdiction of the Department of Justice, including the payment of necessary employees at the seat of government or elsewhere, to be selected and their compensation fixed by the Attorney-General, and to be expended under his direction, twenty-five thousand dollars. * CHAP. 1012.-An Act To regulate the immigration of aliens into March 3,1903. the United States. [Public,No.162.] 32 Stats. L., pt. Be it enacted by the Senate and House of Representatives 1, P. 1213 of the United States of America in Congress assembled, That Immigration. there shall be levied, collected, and paid a duty of two dolentry of aliens lars for each and every passenger not a citizen of the United Exceptions. States, or of the Dominion of Canada, the Republic of Cuba, or of the Republic of Mexico, who shall come by steam, sail, or other vessel from any foreign port to any port within the United States, or by any railway or any other mode of transportation, from foreign contiguous territory to the United States. The said duty shall be paid to the Payment. collector of customs of the port or customs district to which said alien passenger shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of every such vessel or transportation line. The money thus collected Tobeapermashall be paid into the United States Treasury and shall tioncae "im constitute a permanent appropriation to be called the !mUfft fund." "immigrant fund," to be used under the direction of the Secretary of the Treasury to defray the expense of regulating the immigration of aliens into the United States under this Act, including the cost of reports of decisions of the Federal courts, and digests thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees appointed for the purpose of enforcing the provisions of this

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142 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Lienonvessels Act. The duty imposed by this section shall be a lien for tax. fr upon the vessel which shall bring such aliens to ports of the United States, and shall be a debt in favor of the United States against the owner or owners of such vessels, and the payment of such duty may be enforced by any legal or Transittravel equitable remedy; the head tax herein provided for shall not taxed. not be levied upon aliens in transit through the United States nor upon aliens who have once been admitted into the United States and have paid the head tax who later shall go in transit from one part of the United States to Provisob another through foreign contiguous territory: Provided, Payments by railroads. That the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of the Treasury, by agreement with transportation lines, as provided in section thirty-two of this Act, may arrange in some other manner for the payment of the duty imposed by this section upon aliens seeking admission overland, either as to all or as to any such aliens. Classes exSEC. 2. That the following classes of aliens shall be excluded admission. eluded from admission into the United States: All idiots, insane persons, epileptics, and persons who have been insane within five years previous; persons who have had two or more attacks of insanity at any time previously; paupers; persons likely to become a public charge; professional beggars; persons afflicted with a loathsome or with a dangerous contagious disease; persons who have been convicted of a felony or other crime or misdemeanor involving moral turpitude; polygamists, 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, and persons who procure or attempt to bring in prostitutes or women for the purpose of prostitution; those who have been, within one year from the date of the application for admission to the United States, deported as being under offers, solicitations, promises or agreements to perform labor or service of some kind therein; and also 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; but this section shall not be held to prevent persons living in the United States from sending for a relative or friend who is not of the foregoing exProvisos. eluded classes: Provided, That nothing in this Act shall Politicaloffenses. exclude persons convicted of an offense purely political, Skilled labor, not involving moral turpitude: And provided further, That skilled labor may be imported, if labor of like kind Professions unemployed can not be found in this country: And proand servants. vided further, That the provisions of this law applicable to contract labor shall not be held to exclude professional 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.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 3. That the importation into the United States of Punishment for importing, any woman or girl for the purposes of prostitution is hereby etc., women for forbidden; and whoever shall import or attempt to import prostitution. any woman or girl into the United -States for the purposes of prostitution, or shall hold or attempt to hold, any woman or girl for such purposes in pursuance of such illegal importation shall be deemed guilty of a felony, and, on conviction thereof, shall be imprisoned not less than one nor more than five years and pay a fine not exceeding five thousand dollars. SEC. 4. That it shall be unlawful for any person, comImporting an contract labor pany, partnership, or corporation, in any manner whatprohibited. soever, to prepay the transportation or in any way to assist or encourage the importation or migration of any alien into the United States, in pursuance of any offer, solicitation, promise, or agreement, parole or special, expressed or implied, made previous to the importation of such alien to perform labor or service of any kind, skilled or unskilled, in the United States. SEC. 5. That for every violation of any of the provisions Penalty for of section four of this Act the person, partnership, comviolations. pany, or corporation violating the same, by knowingly assisting, encouraging, or soliciting the migration or importation of any alien to the United States to perform labor or service of any kind by reason of any offer, solicitation, promise, or agreement, express or implied, parole or special, to or with such alien' shall forfeit and pay for every such offense the sum of one thousand dollars, which may be sued for and recovered by the United States, or suits by inby any person who shall first bring his action therefor in former, etc. his own name and for his own benefit, including any such alien thus promised labor or service of any kind as aforesaid, as debts of like amount are now recovered in the courts of the United States; and separate suits may be brought for each alien thus promised labor or service of any kind as aforesaid. And it shall be the duty of the district attorney of the proper district to prosecute every such suit when brought by the United States. SEC. 6. That it shall be unlawful and be deemed a vioAdvertisingto nation of section four of this Act to assist or encourage nouragm irathe importation or migration of any alien by a promise of tion prohibited. employment through advertisements printed and published in, any foreign country; and any alien coming to this country in consequence of such an advertisement shall be treated as coining under a promise or agreement as contemplated in section two of this Act, and the penalPenalties. ties imposed by section five of this Act shall be applicable to such a case: Provided, That this section shall not apProviso, ply to States or Territories, the District of Columbia, or Offe s o f places subject to the jurisdiction of the United States advertising the inducements they offer for immigration thereto, respectively. SEC. 7. That no transportation company or owner or soliciting imowners of vessels or others engaged in transporting aliens migration by into the United States, shall, directly or through agents, prohibited. either by writing, printing, or oral representations, solicit, 143

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. invite, or encourage the immigration of any aliens into the United States except by ordinary commercial letters, circulars, advertisements, or oral representations, stating the sailings of their vessels and terms and facilities of Penalties. transportation therein; and for a violation of this provision any such transportation company and any such owner or owners of vessels, and all others engaged in transporting aliens to the United States, and the agents by them employed, shall be subjected to the penalties imposed by section five of this Act. Punishment SEC. 8. That any person, including the master, agent, for illegally landing aliens, owner, or consignee of any vessel, who shall bring into or etc. land in the United States, by vessel or otherwise, or who shall attempt, by himself or through another, to bring into or land in the United States, by vessel or otherwise, any alien not duly admitted by an immigrant inspector, or not lawfully entitled to enter the United States, shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine not exceeding one thousand dollars for each and every alien so landed or attempted to be landed, or by imprisonment for a term not less than three months nor more than two years, or by both such fine and imprisonment. Exclusion of SEC. 9. That it shall be unlawful for any person, includOTrSOns with loathsome, etc., ing any transportation company other than railway lines disease. entering the United States from foreign contiguous territory, or the owner, master, agent, or consignee of any vessel to bring to the United States any alien afflicted with a Fineforviolaloathsome or with a dangerous contagious disease; and if it shall appear to the satisfaction of the Secr6tary of the Treasury that any alien so brought to the United States was afflicted with such a disease at the time of foreign embarkation, and that the existence of such disease might have been detected by means of a competent medical examination at such time, such person or transportation company or the master, agent, owner, or consignee of any such -vessel shall pay to the collector of customs of the customs district in which the port of arrival is located the sum of one hundred dollars for each and every violation of the provisions of this section; and no vessel shall be granted clearance papers while any such fine imposed upon it remains unpaid, nor shall such fine be remitted. Decision of SEC. 10. That the decision of the board of special inseil boar atto ecqir a oar quiry, hereinafter provided for, based upon the certificate diseased perof the examining medical officer, shall be final as to the sons final. rejection of aliens afflicted with a loathsome or with a dangerous contagious disease, or with any mental or physical disability which would bring such aliens within any of the classes excluded from admission to the United States under section two of this Act. Return of SEC. 11. That upon the certificate of a medical officer of alien accompathe United States Marine-Hospital Service to the effect fying rejected helpless, etc., that a rejected alien is helpless from sickness, physical alien. disability, or infancy, if such alien is accompanied by another alien whose protection or guardianship is required by such rejected alien, the master, agent, owner, or con144

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. signee of the vessel in which such alien and accompanying alien are brought shall be required to return said alien and accompanying alien in the same manner as vessels are required to return other rejected aliens. SEC. 12. That upon the arrival of any alien by water at Lists of alien any port within the United States it shall be the duty of passengers rethe master or commanding officer of the steamer, sailing or other vessel, having said alien on board to deliver to the immigration officers at the port of arrival lists or manifests made at the time and place of embarkation of such alien on board such steamer or vessel, which shall, in answer to questions at the top of said lists, state as to each contents. alien the full name, age, and sex; whether married or single; the calling or occupation; whether able to read or write; the nationality; the race; the last residence; the seaport for landing in the United States; the final destination, if any, beyond the port of landing; whether having a ticket through to such final destination; whether the alien has paid his own passage, or whether it has been paid by any other person or by any corporation, society, municipality, or government, and if so, by whom; whether in possession of fifty dollars, and if less, how much; whether going to join a relative or friend, and if so, what relative or friend and his name and complete address; whether ever before in the United States, and if so, when and where; whether ever in prison or almshouse or any institution or hospital for the care and treatment of the insane or supported by charity; whether a polygamist; whether an anarchist; whether coming by reason of any offer, solicitation, promise or agreement, expressed or implied, to perform labor in the United States, and what is the alien's condition of health mental and physical, and whether deformed or crippled, and if so, for how long and from what cause. SEC. 13. That all aliens arriving by water at the ports Designation, of the United States shall be listed in convenient groups, et'.of aliens on and no one list or manifest shall contain more than thirty names. To each alien or head of a family shall be given a ticket on which shall be written his name, a number or letter designating the list in which his name, and so forth, is contained, and his number on said list, for convenience of identification on arrival. Each list or manifest shall certificate of be verified by the signature and the oath or affirmation examation.etc of the master or commanding officer or the first or second below him in command, taken before an immigration officer at the port of arrival, to the effect that lie has caused the surgeon of said vessel sailing therewith to make a physical and oral examination of each of said aliens, and that from the report of said surgeon and from his own investigation he believes that no one of said aliens is an idiot, or insane person, or a pauper, or is likely to become a public charge, or is suffering from a loathsome or a dangerous contagious disease, or is a person who has been convicted of a felony or other crime or misdemeanor involving moral turpitude, or a polygamist, or an anarchist, S. Doc. 105, 58-2-10 145

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. or under promise or agreement, express or implied, to perform labor in the United States, or a prostitute; and that also, according to the best of his knowledge and belief, the information in said lists or manifests concerning each of said aliens named therein is correct and true in every respect. Medical cerSEC. 14. That the surgeon of said vessel sailing theretificate. with shall also sign each of said lists or manifests and make oath or affirmation in like manner before an innuigration officer at the port of arrival, stating his professional experience and qualifications as a physician and surgeon, and that he has made a personal examination of each of the said aliens named therein, and that the said list or manifest, according to the best of his knowledge and belief, is full, correct, and true in all particulars relative to the mental and physical condition of said aliens. If no surgeon sails with any vessel bringing aliens the mental and physical examinations and the verifications of the lists or manifests shall be made by some competent surgeon employed by the owners of the said vessel. Penalty for SEC. 15. That in the case of the failure of the master or not delivering commanding officer of any vessel to deliver to the said immigration officers lists or manifests of all aliens on board thereof as required in sections twelve, thirteen, and fourteen of this Act, he shall pay to the collector of customs at the port of arrival the sum of ten dollars for each alien concerning whom the above information is not contained in any list as aforesaid. Inspection by SEC. 16. That upon the receipt by the immigration offiiigicratio cers at any port of arrival of the lists or manifests of aliens On shipboard. provided for in sections twelve, thirteen, and fourteen of this Act it shall be the duty of said officers to go or send competent assistants to the vessels to which said lists or manifests refer and there inspect all such aliens, or said immigration officers may order a temporary removal of such aliens for examination at a designated time and place, but such temporary removal shall not be considered a landing; nor shall it relieve the transportation lines, masters, agents, owners, or consignees of the vessel upon which such aliens are brought to any port of the United States from any of the obligations which, in case such aliens remain on board, would, under the provisions of this Act, bind the said transportation lines, masters, agents, ownProviso. ers, or consignees: Provided, That where a suitable buildAt immigrant ing is used for the detention and examination of aliens the immigration officials shall there take charge of such aliens, and the transportation companies, masters, agents, owners, and consignees of the vessels bringing such aliens & il be relieved of the responsibility for their detention thereafter until the return of such aliens to their care. MedicalexamSEC. 17. That the physical and mental examination of ination on arrival. all arriving aliens shall be made by medical officers of the United States 21arine-Ilospital Service, who shall have had. at least two years' experience in the practice of their profession since receiving the degree of doctor of mwdicine and who shall certify for the information of the im146

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. migration officers and the boards of special inquiry hereinafter provided for, any and all physical and mental defects or diseases observed by said medical officers in any such alien, or, should medical officers of the United States Marine-Hospital Service be not available, civil surgeons of not less than four years' professional experience may be employed in such emergencies for the said service, upon such terms as may be prescribed by the Commissioner-General of Immigration, under the direction or with the approval of the Secretary of the Treasury. The Reimbursing United States Public Health and larine-Hospital Service expenses. shall be reimbursed by the Immigration Service for all expenditures incurred in carrying out the medical inspection of aliens under regulations of the Secretary of the Treasury. SEC. 18. That it shall be the duty of the owners, officers Penalty for ...permittingg illeand agents of any vessel bringing an alien to the United gallanding. States tb adopt due precautions to prevent the landing of any such alien from such vessel at any time or place other than that designated by the immigration officers, and any such owner, officer, agent, or person in charge of such vessel who shall land or permit to land any alien at any time or place other than that designated by the immigration officers, shall be deemed guilty of a misdemeanor, and shall on conviction be punished by a fine for each alien so permitted to land of not less than one hundred nor more than one thousand dollars, or by imprisonment for a term not exceeding one year, or by both such fine and imprisonment, and every such alien so landed shall be deemed to be unlawfully in the United States and shall be deported, as provided by law. SEC. 19. That all aliens brought into this country in Returnof ileviolation of law shall, if practicable, be immediately sent gly landed back to the countries whence they respectively came on the vessels bringing them. The cost of their maintenance Charges. while on land, as well as the expense of the return of such aliens, shall be borne by the owner or owners of the vessels on which they respectively came; and if any master, Penalty for person in charge, agent, owner, or consignee of any such uereng tte vessels shall refuse to receive back on board thereof, or aliens. of any other vessel owned by the same interest, such aliens, or shall neglect to detain them thereon, or shall refuse or neglect to return them to the foreign port from which they came, or to pay the cost of their maintenance while on land, such master, person in charge, agent, owner, or consignee shall be deemed guilty of a misdemeanor and shall, on conviction, be punished by a fine not less than three hundred dollars for each and every such offense and no such vessel shall have clearance from any port ot the United States while any such fine is unpaid: Provided, n-ovisos. That the Commissioner-General of Immigration, under the usnea itnes. direction or with the approval of the Secretary of the Treasury, may suspend, upon conditions to be prescribed by the Commissioner-General, the deportation of any alien found to have come under promise or agreement of labor or service of any kind if, in his judgment, the testimony 1471

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148 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of such alien is necessary on behalf of the United States Government in the prosecution of offenders against the Maintenance provisions of sections four and five of this Act: Provided, That the cost of maintenance of any person so detained resulting from such suspension of deportation shall be paid from the "immigrant fund," but no alien certified, as provided in section seventeen of this Act, to be suffering with a loathsome or with a dangerous contagious disease other than one of a quarantinable nature, shall be permitted to land for medical treatment thereof in the hospitals of the United States. within two SEC. 20. That any alien who shall come into the United years after arStates in violation of law, or who shall be found a public rival. charge therein, from causes existing prior to landing, shall be deported as hereinafter provided to the country whence he came at any time within two years after arrival at the expense, including one-half of the cost of inland transportation to the port of deportation, of the person bringing such alien into the United States, or, if that can not be done, then at the expense of the immigrant fund referred to in section one of this Act. legally entered SEC. 21. That in case the Secretary of the Treasury alien in three shall be satisfied that an alien has been found in the years. United States in violation of this Act he shall cause such alien, within the period of three years after landing or entry therein, to be taken into custody and returned to the country whence he came, as provided in section twenty of this Act, or, if that can not be so done, at the expense Penalty forfth refusalby of the immigrant fund provided for in section one of this ping owners. Act; and neglect or refusal on the part of the masters, agents, owners, or consignees of vessels to comply with the order of the Secretary of the Treasury to take on board, guard safely, and return to the country whence he came any alien ordered to be deported under the provisions of this section shall be punished by the imposition of the penalties prescribed in section nineteen of this Act. or-General siof SEC. 22. That the Commissioner-General of ImmigraImmigration. tion, in addition to such other duties as may by law be assigned to him, shall, under the direction of the Secretary of the Treasury, have charge of the administration of all laws relating to the immigration of aliens into the United States, and shall have the control, direction, and supervision of all officers, clerks, and employees appointed Rnles,etc. thereunder. le shall establish such rules and regulations, prescribe such forms of bonds, reports, entries, and other papers, and shall issue from time to time such instructions, not inconsistent with law, as he shall deem best calculated for carrying out the provisions of this Act and for protecting the United States and aliens migrating thereto from fraud and loss, and shall have authority to enter into contracts for the support and relief of such aliens as may fall into distress or need public aid; all under the direction or with the approval of the Secretary Details to seof the Treasury. And it shall be the duty of the Commisunr e in formation. sioner-General of Immigration to detail officers of the immigration service from time to time as may be neces-

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LAWS RELATING TO INSULAR ANDI MILITARY AFFAIRS. sary, in his judgment, to secure information as to the number of aliens detained in the penal, reformatory, and charitable institutions (public and private) of the several States and Territories, the District of Columbia, and other territory of the United States, and to inform the officers of such institutions of the provisions of law in relation to the deportation of aliens who have become public charges: Provided, That the Commissioner-General of Immigration Proviso. may, with the approval of the Secretary of the Treasury, Details for whenever in his judgment such action may be necessary to accomplish the purposes of this Act, detail immigration officers for temporary service in foreign countries. SEC. 23. That the duties of the commissioners of immiCommissiongration shall be of an administrative character, to be tof Immigraprescribed in detail by regulations prepared, under the Duties. direction or with the approval of the Secretary of the Treasury. SEC. 24. That immigrant inspectors and other immigraImmigrantintion officers, clerks, and employees shall hereafter be pMt e, etc. appointed, and their compensation fixed and raised or decreased from time to time, by the Secretary of the Treasury, upon the recommendation of the CommissionerGeneral of Immigration and in accordance with the provisions of the civil-service Act of January sixteenth, eighteen hundred and eighty-three: Provided, That nothProviso. ing herein contained shall be construed to alter the mode of appointing commissioners cf immigration at the several ports of the United States as provided by the sundry civil appropriation Act approved August eighteenth, eighteen hundred and ninety-four, or the official status of such commissioners heretofore appointed. Immigration offiPower to take cers shall have power to administer oaths and to take and testimony, etc. consider testimony touching the right of any alien to enter the United States, and, where such action may be necessary, to make a written record of such testimony, and any person to whom such an oath has been administered under the provisions of this Act who shall knowingly or willfully give false testimony or swear to any false statement in any way affecting or in relation to the right of an alien to admission to the United States shall be deemed guilty of perjury and be punished as provided by section Perjury. fifty-three hundred and ninety-two, United States Revised p ., see.s9, Statutes. The decision of any such officer, if favorable Decisions; to the admission of any alien, shall be subject to challenge by any other immigration officer, and such challenge shall operate to take the alien whose right to land is so challenged before a board of special inquiry for its investigation. Every alien who may not appear to the examining immigrant inspector at the port of arrival to be clearly and beyond a doubt entitled to land shall be detained for examination in relation thereto by a board of special inquiry. SEC. 25. That such boards of special inquiry shall be special inappointed by the commissioners of immigration at the quiry boards. various ports of arrival as may be necessary for the prompt determination of all cases of aliens detained at 149

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Composition. such ports under the provisions of law. Such boards shall consist of three members, who shall be selected from such of the immigrant officials in the service as the Commissioner-General of Immigration, with the approval of the Secretary of the Treasury, shall from time to time desigProviso. nate as qualified to serve on such boards: Provided, That ofes onatffi at ports where there are fewer than three immigrant incils. spectors, the Secretary of the Treasury, upon recommendation of the Commissioner-General of Immigration, may designate other United States officials for service on such boards of special inquiry. Such boards shall have authority to determine whether an alien who has been duly held Hearings, shall be allowed to land or be deported. All hearings before boards shall be separate and apart from the public, but the said boards shall keep complete permanent records of their proceedings and of all such testimony as may be produced before them; and the decision of any two members of a board shall prevail and be final, but either the alien or any dissenting member of said board may Appeals. appeal, through the commissioner of immigration at the port of arrival and the Commissioner-General of Immigration, to the Secretary of the Treasury, whose decision shall then be final; and the taking of such appeal shall operate to stay any action in regard to the final disposal of the alien whose case is so appealed until the receipt by the commissioner of immigration at the port of arrival of such decision. Restriction on SEc. 26. That no bond or guaranty, written or oral,-that bs an alien shall not become a public charge shall be received from any person, company, corporation, charitable or benevolent society or association unless authority to receive the same shall in each special case be given by the Commissioner-General of Immigration, with the written approval of the Secretary of the Treasury. No comproSEC. 27. That no suit or proceeding for a violation of 1ise nniess court consents. the provisions of this Act shall be settled, compromised, or discontinued without the consent of the court in which it is pending, entered of record, with the reasons therefor. Pending suits SEC. 28. That nothing contained in this Act shall be not affected. construed to affect any prosecution or other proceeding, criminal or civil, begun under any existing Act or any Acts hereby amended, but such prosecutions or other proceedings, criminal or civil, shall piceed as if this Act had not been passed. Jurisdiction SEC. 29. That the circuit and district courts of the corts.deral United States are hereby invested with full and concurrent jurisdiction of all causes, civil and criminal, arising under any of the provisions of this Act. Immigrant SEC. 30. That after the first day of January, nineteen station privi hundred and three, all exclusive privileges of exchanging Disposal of. Honey, transporting passengers or baggage, or keeping eating houses, and all other like privileges in connection with any United States immigrant station, shall be disposed of after public competition, subject to such conditions and limitations as the Commissioner-General of Immigration, under the direction or with the approval of 150

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the Secretary of the Treasury, may prescribe: Provided, Proviso. That no intoxicating liquors shall be sold in any such pr siebteuors immigrant station; that all receipts accruing from the Receipts. disposal of such exclusive privileges as herein provided shall be paid into the United States Treasury to the credit of the immigrant fund provided for in section one of this Act. SEC. 31. That for the preservation of the peace, and in Local courts order that arrests may be made for crimes under the laws gd jurisof the States and Territories of the United States where the various immigrant stations are located, the officers in charge of such stations, as occasion may require, shall admit therein the proper State and municipal officers charged with the enforcement of such laws, and for the purposes of this section the jurisdiction of such officers and of the local courts shall extend over such stations. SEC. 32. That the Commissioner-General of IminigraEntries of tion, under the direction or with the approval of the See-aes by railretary of the Treasury, shall prescribe rules for the entry and inspection of aliens along the borders of Canada and Mexico, so as not to unnecessarily delay, impede, or annoy passengers in ordinary travel between the United States and said countries, and shall have power to enter into contracts with foreign transportation lines for the same purpose. SEC. 33. That for the purposes of this Act the words Un i t e d "United States" as used in the title as well as in the sonstruction various sections of this Act shall be construed to mean of term. the United States and any waters, territory or other place now subject to the jurisdiction thereof. SEC. 34. That no intoxicating liquors of any character No liquors to shall be sold within the limits of the Capitol building of besold in Capithe United States. SEC. 35. That the deportation of aliens arrested within Ports of dethe United States after entry and found to be illegally portation. therein, provided for in this Act, shall be to the transAtlantic or trans-Pacific ports from which said aliens embarked for the United States; or, if such embarkation was for foreign contiguous territory, to the foreign port at which said aliens embarked for such territory. SEC. 36. That all Acts and parts of Acts inconsistent Inconsistent with this Act are hereby repealed: Provided, That this laws repealed. Act shall not be construed to repeal, alter, or amend exChinese exclusion not afisting laws relating to the immigration, or exclusion of, fected. Chinese persons or persons of Chinese descent. SEC. 37. That whenever an alien shall have taken up families of -ahiens having his permanent residence in this country, and shall have contagious disfiled his preliminary declaration to become a citizen, and eases. thereafter shall send for his wife or minor children to join him, if said wife, or either of said children, shall be found to be affected with any contagious disorder, and if it is Temporary proved that said disorder was contracted on board the ship in which they came, and is so certified by the examining surgeon at the port of arrival, such wife or children shall be held, under such regulations as the Secretary of the Treasury shall prescribe, until it shall be determined 151

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152 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. whether the disorder will be easily curable, or whether they can be permitted to land without danger to other persons; and they shall not be deported until such facts have been ascertained. Anarchists SEC. 38. That no person who disbelieves in or who is etc., prohibited opposed to all organized government, or who is a member of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, shall be permitted to enter the United States or any Territory or place subject to the Enforcement jurisdiction thereof. This section shall be enforced by the Secretary of the Treasury under such rules and regulations as he shall prescribe. Penalties for That any person who knowingly aids or assists any entries legal such person to enter the United States or any Territory or place subject to the jurisdiction thereof, or who connives or conspires with any person or persons to allow, procure, or permit any such person to enter therein, except pursuant to such rules and regulations made by the Secretary of the Treasury, shall be fined not more than five thousand dollars, or imprisoned for not less than one nor more than five years, or both. NaturalizaSEC. 39. That no person who disbelieves in or who is tion of anarchists,etc.,forbid. opposed to all organized government, orwho is a member den. of or affiliated with any organization entertaining and teaching such disbelief in or opposition to all organized government, or who advocates or teaches the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers, either of specific individuals or of officers generally, of the Government of the United States or of any other organized government, because of his or their official character, or who has violated any of the provisions of this Act, shall be naturalized or be made a citiJudicial inzen of the United States. All courts and tribunals and quiries. all judges and officers thereof having jurisdiction of naturalization proceedings or duties to perform in regard thereto shall, on the final application for naturalization, make careful inquiry into such matters, and before issuing the final order or certificate or naturalization cause to be entered of record the' affidavit of the applicant and of his witnesses so far as applicable, reciting and affirming the truth of every material fact requisite for naturalization. All final orders and certificates of naturalization hereafter made shall show on their face specifically that said affidavits were duly made and recorded, and all orders and certificates that fail to show such facts shall be null and void. Penalty for That any person who purposely procures naturalization ilgnaturaliin violation of the provisions of this section shall be fined not more than five thousand dollars, or shall be imprisoned n>t less than one nor more than ten years, or both, and

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the court in which such conviction is had shall thereupon adjudge and declare the order or decree and all certificates admitting such person to citizenship null and void. Jurisdiction is hereby conferred on the courts having jurisdiction of the trial of such offense to make such adjudication. That any person who knowingly aids, advises, or enPenalty for courage any such person to apply for or to secure natuaiding. ralization or to file the preliminary papers declaring an intent to become a citizen of the United States, or who in any naturalization proceeding knowingly procures or gives false testimony as to any material fact, or who knowingly makes an affidavit false as to any material fact required to be proved in such proceeding, shall be fined not more than five thousand dollars, or imprisoned not less than one nor more than ten years, or both. The foregoing provisions concerning naturalization shall Enforcement. not be enforced until ninety days after the approval hereof. CHAP. 1016.-An Act To refund the amount of duties paid on March 3,1903. merchandise brought into the United States from Porto Rico be[Public,No.166.] tween April eleventh, eighteen hundred and ninety-nine, and May 32 Stats. L., first, nineteen hundred, and also on merchandise brought into the pt. 1, p. 1224. United States from the Philippine Islands between April eleventh, eighteen hundred and ninety-nine, and March eighth, nineteen hundred and two, and for other purposes. Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled, That customs revauthority be, and the same is hereby, given the Secretary enRefunding of of the Treasury to refund and repay from the appropriaduties on goods .T a from Porto Rico tion "To repay to importers the excess of deposits for unand Philippine ascertained duties, or duties or other moneys paid under lsndssec.369, protest," made by section thirty-six hundred and eightyv.724. nine of the Revised Statutes, moneys paid to the United States without protest as duties and as fines on merchandise brought into the United States from Porto Rico between April eleventh, eighteen hundred and ninety-nine, when the ratifications of the treaty of peace of December tenth, eighteen hundred and ninety-eight, with Spain were exchanged, and May first, nineteen hundred, when the Act entitled "An Act temporarily to provide revenues and a civil government for Porto Rico, and for other purposes," approved April twelfth, nineteen hundred, went into effect, and also on merchandise brought into the United States from the Philippine Islands between April eleventh, eighteen hundred and ninety-nine, and March eighth, nineteen hundred and two, the date of the passage of "An Act temporarily to provide revenue for the Philippine Islands, and for other purposes": Provided, That Proviso. such claims shall be presented under such rules and regof claims. ulations as the Secretary of the Treasury shall prescribe, and within one year from the date of the-passage of this Act. 153

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ti Pt

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SPANISH TREATY CLAIMS COMMISSION. Fifty-sixth Congress, second session. CHAP. 800.-An Act To carry into effect the stipulations of artiMarch 2,1901. cle seven of the treaty between the United States and Spain con[Public,No.115.3 eluded on the tenth day of December, eighteen hundred and ninety31 Stats. L., p. eight. M Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That commission the President of the United States shall appoint, by and iams of citi with the advice and consent of the Senate, five suitable z0ed of the UntdStates persons learned in the law, who shall constitute a commisagainst Srain sion, whose duty it shall be, and it shall have jurisdiction, olt t pd. 757 to receive, examine, and adjudicate all claims of citizens of the United States against Spain, which the United States agreed to adjudicate and settle by the seventh article of the treaty concluded between the United States and Spain on the tenth day of December, anno Domini eighteen hundred and ninety-eight. It shall adjudicate said claims according to the merits of the several cases, the principles of equity, and of international law. One of said persons President. shall be designated by the terms of his appointment to be the president of said commission. The President of the United States, by and with the advacancies vice and consent of the Senate, shall fill by appointment all vacancies which may occur in said commission. SEC. 2. That each of the members of said commission, oath. the Assistant Attorney-General, the assistant attorneys, and the clerk provided for by this Act shall be citizens of the United States, and shall take the oath of office prescribed by law to be taken by officers of the United States. SEC. 3. That the said commission shall, within thirty sessions. days after the appointment of the members thereof, meet, and it shall thereafter hold its sessions, in the city of WashRooms. ington. The Department of Justice shall provide said commission with all necessary and suitable rooms and offices for holding its sessions and transacting its business. All the expenses, including salaries and compensation of Payment of said commission and of its officers and employees, shall be salaries, etc. paid by the Department of Justice, upon vouchers certified by the president of the commission or by order of the other members of the commission in case of his absence or inability to act; and the sum of fifty thousand dollars antiAppropria. nually, or so much thereof as may be necessary, is hereby i appropriated and made immediately available for the Department of Justice as a special fund for the payment of said expenses. SEC. 4. Tha the commission is empowered to make all Rules. necessary or convenient and proper rules and regulations 155

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156 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of practice and procedure for the transaction of its business. Employees. SEC. 5. That the commission is empowered to appoint a clerk, and may also appoint one messenger and one or more stenographers, typewriters, and interpreters as the business of the commission may require; and may also commissionappoint one or more commissioners, whose duty it shall ers to take testimonay. be to take testimony in such cases as may be brought before said commission. Such commissioners to take testimony shall be citizens of the United States, and they shall receive for their services such fees as may be fixed by said commission, not exceeding the fees allowed by law for the taking of testimony to be used in the courts of the United States, including the sum of three dollars per day which the courts of the United States are now authorized by section twenty-one of the Act of May twenty-eighth, eighteen hundred and ninety-six, to allow to commissioners. Bond of clerk. The clerk of said commission shall, before assuming the duties of his office, execute a bond to the United States, with sufficient surety or surities, in such amount and conditioned as the Attorney-General shall prescribe, for the faithful performance of his duties as such clerk. Civil service The appointments authorized by this section shall be exemption. made without reference to the rules and regulations of the civil service. AdditionalAsSEC. 6. That the President shall appoint, by and with sistant Attorne yGeneralthe advice and consent of the Senate, one additional Asandassistant at sistant Attorney-General of the United States, who shall sized. hold his office during the existence of said commission, and the Attorney-General of the United States is empowered to employ such assistant attorneys as the business of -duties. thecommission may require. It shall be the duty of said Assistant Attorney-General and assistant attorneys to appear as attorneys and counsel for the United States, under the direction of the Attorney-General, and defend the United States in all proceedings to adjudicate claims which may be had before said commission. administer SEC. 7. That each of the said commissioners and the oaths. clerk and each of the commissioners to take testimony shall have authority to administer oaths in all proceed-penalty. ings before the commission, and every person knowingly and willfully swearing or affirming falsely in any such proceedings shall be deemed guilty of perjury, and shall, upon conviction, suffer the punishment provided by the laws of the United States for that offense, when committed in its courts of justice. part e tal SEC. 8. That all reports, records, proceedings, and other files. documents now on file or of record in the Department of State, or in any other Department, or certified copies thereof, relating to any claims prosecuted before the said commission under this Act shall be furnished to the commission upon its order, made of its own motion or at the request of the claimant or of the attorney representing the United States before said commission. Petition. SEC. 9. That every claim prosecuted before said coin-

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 157 mission shall be presented by petition, setting forth concisely and without unnecessary repetition the facts upon -contents, etc. which such claim is based together with an itimized schedule setting forth all damages claimed. Said petition shall also state the full name, the residence, and the citizenship of the claimant, and the amount of damages sought to be recovered, and shall pray judgment upon the facts and law. It shall be .signed by the claimant or his attorney or legal representative, and be verified by the affidavit of the claimant, his agent, attorney, or legal representative. It shall be filed with the clerk of the commission, and the prosecution of the claim shall be deemed to have been commenced at the date (f such filing. All claims shall Timeforfaing be filed as aforesaid within six months from the date of the first meeting of the commission, and every claim not filed within such time shall be forever barred: Provided, Proviso. That the commission may receive claims presented within terwards. six months after the termination of said period if the claimants shall establish to their satisfaction good reasons for not presenting the same earlier. SEC. 10. That service of the petition shall be made upon Service of pethe Attorney-General of United States at such time and tition. in such manner as may be prescribed by the rules of said commission. It shall be his duty to defend the interests Answer of the United States, and he shall, within sixty days after the service of the petition upon him, unless the time shall be extended by order of the commission, file a demurrer or answer to said petition, which answer shall set up all matters of counterclaim, set-off, claim of damages, demand, or defense whatsoever of the Government against such claim: Provided, That should the Attorney-General fail Proviso. -failure to an. to so answer or demur, the claimant may proceed with swer; procethe case under such rules as the commission may adopt; dure. but the claimant shall not in such case have award for his claim or for any part thereof unless he shall establish the same by proof satisfactory to the commission. SEC. 11. That the award in favor of any claimant shall Extent of be only for the amount of the actual and direct damage award. which said claimant shall prove that he has sustained. Remote or prospective damages shall not be awarded, nor shall interest be allowed on any claim. SEC. 12. That all awards of said commission shall be when award final unless a new trial or hearing shall be granted by said final. commission and no new trial or rehearing shall be had except upon motion made within sixty days of said award. SEc. 13. When the commission is in doubt as to any Appeal to Suquestion of law arising upon the facts in any case before preme Court. them, they may state the facts and the question of law so arising and certify the same to the Supreme Court of the United States for its decision, and said court shall have jurisdiction to consider and decide the same. SEC. 14. That the commission shall file with the SecreFiling cop of ward with sec. tary of State a copy of the award in each case immediately early of State. after the same shall have been made and become final, and Payment. in every case of final award by said commission the sum found to be due shall be paid out of any appropriation

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158 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. made or to be made by Congress for the payment and satisfaction of such awards on presentation to the Secretary of the Treasury of a copy of said award, certified by the clerk of the commission and signed by the president of said commission, or by the Secretary of State in case said commission has terminated and ceased to exist. Disposition of All the files and records of said commission shall immerecords on expiration of comdiately upon the expiration thereof be deposited in the mission. office of the Secretary of State. Salaries. SEc. 15. That the salaries and compensation of the persons appointed under this Act shall be as follows, and the same shall be paid monthly in equal installments: To each commissioner, the sum of five thousand dollars per annum. To the Assistant Attorney-General, the sum of five thousand dollars per annum. To the clerk, the sum of three thousand five hundred dollars per annum. To such assistant attorneys as may be employed, at the rate of two hundred dollars per month to each for the time of actual employment. To the messenger and to each stenographer and typewriter, the sum of one thousand two hundred dollars per annum. I To each interpreter, not exceeding the sum of one thousand eight hundred dollars per annum. Duration of SEC.16. That the powers and jurisdiction hereby granted commission. .* to said commission shall be in force and continue for the period of two years from the date of the approval of this Provisos. Act, and fornolonger time: Provtided, That the President -extension. may, from time to time, extend the said period beyond said two years, not exceeding six months in each instance, when in his judgment such extension is necessary to enable the commission to complete its work: And provided further, -dissolutionbeThat in case the commission shall have completed its work fore two years. before the expiration of the said two years the President may dissolve said commission. Tifty-seventh Con tress, first session. February 14, CHAP. 17.-An Act Making appropriations to supply urgent 1W2. deficiencies in the appropriations for the fiscal year ending June [Public, No. 9.] thirtieth, nineteen hundred and two, and for prior years, and for 32 Stats. L., pt. other purposes. 1, p.5. 4* A* DEPARTMENT OF JUSTICE. * * S p a n 1 s 11 SPANISH CLAIMS COMMISSION: For expenses of Spanish Clains Commis. son. Treaty Claims Commission, fifteen thousand dollars, of Expenses. which not exceeding five hundred dollars may be expended in the purchase of law books and books of reference, and not exceeding three thousand dollars to reimburse the

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 159 Secretary of State for the services of a force of copyists to make copies of papers concerning claims required by order of the Commission; and said Commission may employ, instead of the messenger now authorized but not appointed, three assistant messengers and watchmen, at sixty dollars per month each; and hereafter vouchers for the vouchers. expenses of the Commission shall be paid when approved and certified by the president of the Commission, and vouchers for the expenses of the Department of Justice in connection with the claims shall be paid when approved and certified by the Attorney-General. For salaries and expensesin defense of claims before the Defense of Spanish Treaty Claims Commission, including salaries of claims. Assistant Attorney-General in charge, as fixed by law, and of assistant attorneys and necessary employees in K Washington or elsewhere, to be selected and their compensation fixed by the Attorney-General, to be expended under his direction, so much of the provisions of the Act of March second, nineteen hundred and one, providing for the Spanish Treaty Claims Commission as are in conflict herewith notwithstanding, thirty thousand dollars. CHAP. 1301.-An Act Making appropriations for sundry civil June 28, 1902. expenses of the Government for the fiscal year ending June thirtieth, [PublicNo.182.] nineteen hundred and three, and for other purposes. 32 Stats. L.,pt. 1, p. 419. UNDER THE DEPARTMENT OF JUSTICE. DEFENSE OF SUITS BEFORE SPANISH TREATY CLAIMS SpanishTreaty Claims CommisCOIIMMISSIoN: For salaries and expenses in defense of Sion. claims before the Spanish Treaty Claims Commission, insDefense of eluding salaries of Assistant Attorney-General in charge salaries. as fixed by law, and of assistant attorneys and necessary employees in Washington or elsewhere, to be selected and their compensation fixed by the Attorney-General, to be expended under his direction, so much of the provisions of the Act of March second, nineteen hundred and one, providing for the Spanish Treaty Claims Commissionl as are in conflict herewith notwithstanding, one hundred and twelve thousand dollars, of which not exceeding one thouBooks. sand dollars, to be immediatelyavailable, may be expended for law books and books of reference. SALARIES AND EXPENSES, SPANISH CLAIMS COMMISSION: Spanish Claims For general expenses of the Commission for all the purCommissin.exposes mentioned in the Act approved March second, ninepenises, teen hundred and one, in addition to the continuing annual appropriation of fifty thousand dollars provided in said Act, five thousand dollars. The Commission may pay Compensation a fixed compensation, not to exceed two thousand five huners to taketestidred dollars annually, with allowance for subsistence inmony, in Cuba.

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160 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. stead of fees, to commissioners, not exceeding two in number, whom the Commission under existing law may appoint to take testimony in the island of Cuba. The Commission may, in the place of two clerks now in service, employ an assistant clerk at the rate of two thousand dollars per annum and one clerk at the rate of one thousand four hundred dollars per annum. * June 30, 1902. CHAP. 1337.-An Act Amending the Act of March second, nine[Public,No.214.] teen hundred and one, entitled "An Act to carry into effect the 32 Stats. L.,pt. stipulations of article seven of the treaty between the United States 1, p. 549. and Spain, concluded on the tenth day of December, eighteen hundred and ninety-eight." Be it enacted by the Senate and House of Representatives s .ani s h of the United States of America in Congress assembled, That aionms section four of the Act, entitled "An Act to carry into effect the stipulations of article seven of the treaty between the United States and Spain, concluded on the tenth day of December, eighteen hundred and ninety-eight," approved March second, nineteen hundred and one, is hereby amended by adding thereto the following provisions: Rules of pro"Such rules and mode of procedure shall conform, so cedure. far as practicable, to the mode of procedure and practice Powers of of the circuit courts of the United States. The said Comcommission. mission created by this Act is vested with the same powers now possessed by the circuit and district courts of the United States to compel the attendance and testimony of parties, claimants and witnesses, to preserve order, and to punish for contempt, and to compel the production of any books or papers deemed material to the consideration of any claim or matter pending before said Commission. Testimony in "That the said Commission is also vested with all the forein counpowers now possessed by the circuit and district courts of the United States to take or procure testimony in foreign countries. Such testimony may be taken, pursuant to the provisions of existing laws and the rules and practice of the district and circuit courts of the United States, so far as applicable, before the Commission or any Commissioner or Commissioners appointed under the provisions of this Act. Duties of mar"That the marshal of-the United States for the District -sal, etc., DmCol strict of Colum of Columbia, or his deputies, shall serve all processes isbiExecutin of sued by said Commission, preserve order in the place of writs outside of sitting, and execute the orders of said Commission; and District of Cooutside of the District of Columbia the writs of said Comlumbia. mission shall be executed by United States marshals, or their deputies, in their respective districts. Appointment "That said Commission or any Commissioner appointed of officer to by it to take testimony in foreign countries is hereby etc authorized to appoint an officer to serve any subpoena or process issued by said Commission or Commissioner. Witnesses. "When testimony is to be taken before any Commissioner appointed by said Commission within any district

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 161 or territory, the clerk of any court of the United States for such district or territory shall, on application of either party, or of his agent, issue a subpoena for such witness, commanding him to appear and testify before the Commissioner at a time and place stated in the subpoena; and Refusal to apif any witness, after being duly served with such subpmna, pear, etc. refuses or neglects to appear, or after appearing refuses to testify, not being privileged from giving testimony, and such refusal or neglect is proven to the satisfaction of any judge of the court whose clerk issues the subpmna, such judge may proceed to enforce obedience to the process, or punish the disobedience, as any court of the United States Punishment. may proceed in case of disobedience to process of subpoena to testify issued by such court; and the production before Production of such Commissioner of any paper or writing, written instrudocuments. ment, book, or other document, may also be required in the manner prescribed in section eight hundred and sixtyR. S., sec. 869, nine of Revised Statutes of the United States." Fifty-seventh Congress, second session. CHAP. 1006.-An Act Making appropriations to supply deficienMarch 3,1903. cies in the appropriations for the fiscal year ending June thirtieth, [Public,No.15.l nineteen hundred and three, and for prior years, and for other pur:k Stats.L.,pt. poses. 1, p. 1031. * * SPANISH TREATY CLAIMS COMMISSION. SPANISH TREATY CLAIMS COMMISSION: For salaries and expenses of the Spanish Treaty Claims Commission, five thousand dollars; and said Commission is authorized to pay to additional commissioners to take testimony in Cuba, for occasional services in special cases, not exceeding eight dollars per day, in lieu of fees during the time of actual service. To pay the award made by the Spanish Treaty Claims Commission under the provisions of the Act of March second, nineteen hundred and one, certified to Congress in Document Numbered Three hundred and fifty-eight of the present session, three thousand dollars. * * * 'IC Salaries. Testimony in Cuba. Payment of award. Vol. 31, p. 879. CHAP. 1007.-An Act Making appropriations for sundry civil March 3,1903. expenses of the Government for the fiscal year ending June thirtieth, [PublicNo.157.] nineteen hundred and four, and for other purposes. 32 Stats. L., pt. 1, p. 1083. C UNDER THE DEPARTMENT OF JUSTICE. * * MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * DEFENSE OF SUITS BEFORE SPANISH TREATY CLAIMS S p a n i s h Treaty Claims COMMISSION: For salaries and expenses in defense of Commission. S. Doc. 105, 58-2-----11 *

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162 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Defense suits. Books. of claims before the Spanish Treaty Claims Commission, including salaries of Assistant Attorney-General in charge as fixed by law, and of assistant attorneys and necessary employees in Washington, District of Columbia, or elsewhere, to be selected and their compensation fixed by the Attorney-General, to be expended under his direction, so much of the provisions of the Act of March second, nineteen hundred and one, providing for the Spanish Treaty Claims Commission as are in conflict herewith notwithstanding, one hundred and twelve thousand dollars, of which not exceeding two hundred dollars may be expended for law books and books of reference. * * * *

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CLAIMS OTHER THAN SPANISH TREATY CLAIMS. Fifty-fifth Congress, second session. CHAP. 647.-An Act To reimburse the governors of States and July 8, 1898. Territories for expenses incurred by them in aiding the United States [Public,No.208.] to raise and organize, and supply and equip the Volunteer Army of 30 Stats. L., p. the United States in the existing war with Spain. 730. Be it enacted by the Senate and House of Representatives of the United States ofAm erica in Congress assembled, That vo luntee r the Secretary of the Treasury be, and he is hereby, diRepayment to rected, out of any money in the Treasury not otherwise states for expenses incurred appropriated, to pay to the governor of any State or Terin equipping, ritory, or to his duly authorized agents, the reasonable etc. costs, charges, and expenses that have been incurred by him in aiding the United States to raise the Volunteer Army in the existing war with Spain, by subsisting, clothing, supplying, equipping, plying, and transporting men of his State or Territory who were afterwards accepted into the Volunteer Army of the United States: Provided, Provisos. That the transportation paid for shall be only the transion. portation of such men from the place of their enrollment for service in the Volunteer Army of the United States to the place of their acceptance into the same by the United States mustering officer, and that the names of the men transported shall appear on the muster rolls of the Volunteer Army of the United States: And provided further, That, such claims shall be settled upon proper vouchers vouchers. to be filed and passed upon by the proper accounting officers of the Treasury: And provided further, That, in cases Interestnotto where the money to pay said costs, charges, and expenses be refunded. has been, or may hereafter, be borrowed by the governors or their respective States or Territories, and interest is paid, or may hereafter be paid, on the same, by the governors or their States or Territories, from the time it was or may be so borrowed t6 the time of its refundment by the United States, or thereafter, such interest shall not be refunded by the United States; nor shall any interest be paid the governors or their States or Territories on the amounts paid out by them, nor any other amount refunded or paid than is in this Act expressly mentioned. 163

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164 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty-fifth Congress, third session. March 3,1899. CHAP. 445.-An Act To amend an Act entitled "An Act to re[Putlic,No.209.] imburse the governors of States and Territories for expenses incurred 30 Stats. L., p. by them in aiding the United States to raise and organize and sup1356. ply and equip the Volunteer Army of the United States in the existing war with Spain," approved July eighth, eighteen hundred and ninety-eight. and for other purposes. Be it enacted by the Senate and House of Representatives ont of Staofthe United States ofAmerica in Congress assembled, That for expenses the Act entitled "An Act to reimburse the governors of equipping volunteers, etc., States and Territories for expenses incurred by them in Snish war. aiding the United States to raise and organize and supply snth cong., p. and equip the Volunteer Army of the United States in the Expenses .at-existing war with Spain," approved July eighth, eighteen ter Julj 8, 1896, hundred and ninety-eight, be so amended that the Secreanowed. tary of the 'T'reasury shall be, and is hereby, authorized to allow, in the settlement of the claims of the governors of States and Territories for reimbursement under the provisions of the said Act, expenses incurred after as well as before July eighth, eighteen hundred and ninety-eight: rovisos. Provided That no reimbursement shall be made for servNo reimbursement for memice of members of the National Guard, or organized militia, etc, rot ac or naval reserves of any State or Territory who were not cepted as of accepted into the Volunteer Army of the United States, same grade. and no reimbursement shall be allowed for payments made to any person in excess of the pay and allowances authorized by the laws of the State or Territory for the grade in which he was accepted into the Volunteer Army of the CompensaUnited States. That the compensation allowed by the tfon. laws of the States and Territories to officers and men of the National Guard, or militia, or naval reserves of said States and Territories shall be allowed to the States and Territories, or the governors of the States and Territories, as pay for such officers and men of said National Guard, or militia, or naval reserves as appeared and remained at the place of muster; and who were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the United States service: Provided, -where Regnhowever, That in all States and Territories where no laws ar Amy pay exist for the payment of the officers and men of the National Guard, or militia, or naval reserves, there shall be allowed to said States and Territories, or the governors of said States and Territories, for the officers the same pay as allowed officers in the Regular Army holdingthe same rank, and for the men, one dollar per day, for such officers and men as appeared and remained at the place of muster and were afterwards received into the service of the United States for the period between the date of assembly at the rendezvous and the date they were mustered into the service of the United States: Provided -rejected omfurther, That for all officers and men of the National cers, etc. Guard, or militia, or naval reserves of the States and Territories, who appeared at the rendezvous for muster,

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 165 and were rejected by the medical examiner or mustering officer, pay shall be allowed for the same to the States and Territories or the governors of States and Territories, at the several rates as fixed as aforesaid from the date of assembly to the date of their rejection: Provided further, That where States and Territories have not paid amounts Payment dito the officers and men or any part thereof the pay allowed at to officers, them by this Act, the same shall be paid by the States and Territories direct to the officers and men, and no money allowed by this Act for officers and men shall be covered into the treasury of the State or Territory. SEC. 2. That under the appropriation made by said Act Transportatinexpenses. the Secretary of the Treasury is hereby authorized to reimburse the governor of any State or Territory for reasonable expenses incurred by him for the actual transportation of the members of organized militia, or National Guard, or naval reserves of his State from the place of company, battalion, or regimental rendezvous to the State rendezvous, or place designated for examination and acceptance of the members of such organization into the Volunteer Army of the United States, and the actual transportation from such State rendezvous, or such place designated for examination and acceptance, to their respective company, battalion, or regimental rendezvous of such men as were rejected by the medical examiner or mustering officer: Provided, That no reimbursement shall nwso be made for the transportation of any man who did not ment for men present himself for enrollment in the Volunteer Army nt presenting of the United States as provided by law: And provided further, That the provisions of this section shall apply-men afterwards rejected. also to payments made by the governor of any State or Territory for the actual transportation of individual volunteers who presented themselves for enrollment in the Volunteer Army of the United States and who were rejected by the medical examiner or mustering officer. SEC. 3. That nothing in said Act of July eighth, eightsubsistenceof organized milieen hundred and ninety-eight, shall be so construed as tia allowed. to prohibit the reimbursement of the governor of any State or Territory for reasonable expenses incurred for the subsistence of the members of any organization of the organized militia or National Guard, or naval reserves of his State or Territory after having been called out by the governor on or after April twenty fifth, eighteen hundred and ninety-eight: Provided, That such organizations shall Proviso. afterwards have been accepted into the Volunteer Army -condition. of the United States. SEC. 4. That the expenses incurred by the governors of Unsettled accounts against States in carrying out the provisions of this Act shall be States not to be paid to them, notwithstanding any unsettled accounts, Set off. claims, or indebtedness of the United States against their States, and without prejudice to such unsettled accounts: Provided, That when such unsettled account is caused by Povisos. a default in payment of principal or interest on any bonds -where caused or stock issued or guaranteed by any State, the ownership payment, etc.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of which is vested in the United States, the Secretary of the Treasury be, and lie is hereby, authorized and directed to institute any act or proceeding which he may consider advisable against such State or its representatives to secure the payment of the principal and interest of said bonds Equipment, or stocks: And provided further, That where the governor etc., purchased at rendezvous of any State or Territory, or any officer of the Army deafterwards used tailed as mustering office of volunteers, or any commander in Army, etc. of a company or companies, or troop or troops, or battery or battalion, or regiment, or brigade, has purchased or authorized the purchase of supplies or equipments, or incurred any necessary expense for the comfort of the men in camp oi rendezvous, and said supplies were used and equipments were subsequently taken into the United States service by said volunteers, and no receipts given to such military officer, the certificate to that effect of the governor of the State or Territory to which the volunteers belonged, shall be held sufficient to authorize the settlement and payment of such account on investigation, if the Treasury Department shall be satisfied of the fact of such purchase of such equipment and supplies, or that such necessary expenses were incurred and such use of such supplies, or such taking of such equipments into the United States service, and the voucher or vouchers of said officers be produced by said governor. PaymentofacSEC. 5. That the Secretary of the Treasury be, and is countsf" trnshereby, authorized to pay, out of any money in the Treasury not otherwise appropriated, the just and proper account or claim of any railroad, transportation company, or person for transportation of men or troops from place of enrollment to point of rendezvous, furnished at the request of the Quartermaster-General of the Army or his agents, or at the request of any United States mustering officer or other officer authorized by the Secretary of War to enroll, muster or mobilize volunteers for the war with Spain; and also to pay such just and proper accounts as may be presented for transportation back from point of rendezvous to place of enrollment of men who volunteered and were rejected by the medical examiner or mustering officer: Proviso. Provided, That the amount allowed and paid for such Limitofrates. transportation shall not be in excess of the rates charged for transporting troops of the United States under like circumstances. Filing claims. All claims under the provision of this Act must be filed in the office of the Auditor for the War Department, and must be supported by proper vouchers or other conclusive evidence of interest. -tobeitemized. SEC. 6. That all claims for reimbursement under. this -limit of time forpresenting. Act or the Act of July eighth, eighteen hundred aud ninety-eight, shall be presented in itemized form to the Treasury Department on or before January first, nineteen hundred and two, or be forever barred. 1866

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LAWS RELATING TO INSULAR AND MILITARY .AFFAIRS. 167 Fifty-sixth Congress, first session. CHAP. 586.-An Act Making appropriation for the support of May 26, 1900. the Regular and Volunteer Army for the fiscal year ending June [Public,No.123.] thirtieth, nineteen hundred and one. 31 Stats. L., p. 2on. * * QUARTERMASTER'S DEPARTMENT. * * CLOTHING, AND CAMP AND GARRISON EQUIPAGE: * Clothing,camp Provided, That on application of the governor of any State aip garrison or Territory the Secretary of War is authorized to replace Riric. the quartermaster supplies which the volunteers from said quartraste State or Territory carried into the service of the United "uo pisofstate States Army during the recent war with Spain, and which have been retained by the United States, exclusive of such supplies as have been allowed for in the office of the Auditor for the War Department and such award accepted by a State. * * ORDNANCE DEPARTMENT. * * * * Provided, That on application of the governor Proviso. of any State or Territory the Secretary of War is authornance, etc. to ized to replace the ordnance and ordnance stores which States used by volunteers in the volunteers from said State or Territory carried into Spanish war. the service of the United States Army during the recent war with Spain, and which have been retained by the United States. * * * * CHAP. 791.-An Act Making appropriations for sundry civil June 6, 1900. expenses of the Government for the fiscal year ending June thirtieth, i nineteen hundred and one, and for other purposes. ubStat .,t. ** ~ * 5 MISCELLANEOUS OBJECTS UNDER THE TREASURY DEPARTMENT. * * That so much of section four of the Act approved March settlement of third, eighteen hundred and ninety-nine, entitled "An state claims for Spanish war exAct to amend an Act entitled 'An Act to reimburse the penses. governors of States and Territories for expenses incurred st getcainst by them in aiding the United States to raise and organize Chap. 445, vol. S30. p. 1356; reand supply and equip the Volunteer Army of the United peal. States in the existing war with Spain,'" as authorizes or directs the Secretary of the Treasury to institute any act or proceedings which he may consider advisable against any State or its representatives to secure the payment of the principal and interest of any bonds or~stocks issued or guaranteed by said State the ownership of which is

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168 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. vested in the United States is hereby repealed, and the Secretary of the Treasury is hereby directed to discontinue and dismiss any suits, actions, or proceedings which have been begun under the authority of said section four. * ** MISCELLANEOUS OBJECTS, WAR DEPA RTMENT. * * Report on REPORT UPON CLAIMS FOR PRIVATE PROPERTY TAKEN claims for property taken in IN THE MILITARY SERVICE: For investigation of just the military claims against the United States for private property service, war with Spain. taken and used in the military service within the limits of the United States during the war with Spain, ten thousand dollars, or so much thereof as may be necessary, and the Secretary of War is hereby authorized and directed to cause to be investigated all such claims and to ascertain the loss and injury, if any, that may have been sustained by such claimants, and lie shall report to Congress for its consideration what amount or amounts he finds to -be equitably due from the United States to such claimProviso. ants: Provided, That all claims not presented to the Secbarn claimsretary of War under this provision prior to the first day of January, nineteen hundred and one, shall not be considered by him and shall be forever barred. * * * * Fifty-seventh Congress, first session. June 28,190'. CHAP. 1309.-An Act For the allowance of certain claims for [Public,No.190.] property taken for military purposes within the United States dur32Stats.L.,pt. ing the war with Spain. reported by the Secretary of War in accord1, p. 486. ance with the requirements of an item contained in the sundry civil appropriation Act, approved June sixth, nineteen hundred, authorizing and directing the Secretary of War to investigate just claims against the United States for private property taken and used in the military service within the limits of the United States, and so forth. Be it enacted by the Senate and House of Representatives Spanish war of the United States of America in Congress assembled, That priaios.approthe Secretary of the Treasury be, and lie is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to claimants in this Act named the several sums appropriated herein, 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 their respective claims, namely: Alabama. To To To To To dred ALABAMA. W. J. Edmondson, fifty dollars. A. Campbell, thirty-six dollars. James Henry, twenty dollars. Frank Hemley, two hundred and fifty-six dollars. Willingham and Company, four thousand one hunand ninety-nine dollars and eighty-one cents.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To Holmes Earl, twenty-six dollars and sixty-seven cents. To Agatha Moore, administratrix, four hundred and twenty dollars and fifty-one cents. DELAWARE. Delaware. To the State of Delaware, six hundred and twenty-five dollars and eighty-five cents. FLORIDA. Florida. To Sisters of Saint Joseph Convent, one hundred and forty dollars. To C. C. Robertson, agent, eighteen dollars. To Henry Kizer, forty dollars. To Mary Brickell, six hundred dollars. To Enoch B. Chamberlain, twenty-five dollars. To John B. Cuneo, forty dollars. To Mrs. E. C. Beach, three hundred and twenty-one dollars. To H. W. Beach, three hundred and eighty-eight dollars. To J. D. Clark, thirty-seven dollars and fifty cents. To J. H. May, five hundred dollars. GEORGIA. Georgia. To James II. Butner, ten dollars. To J. H. Brown, seventy-five dollars. To American National Bank, ten dollars. To W. G. Solomon, ten dollars. To John W. Smith and R. F. Cowan, deputy sheriff, sixty-nine dollars and sixty cents. To C. B. Willingham, thirty dollars. To Henry B. King, eighty-eight dollars and twenty-five cents. To J. R. Montgomery, seventeen dollars and fifty cents. To A. L. Dodge, one hundred and twenty dollars. To Chatham Artillery, one hundred and seventy-live dollars. To J. W. Golden, one hundred and twenty-five dollars. To August Gerzikouski, four hundred dollars. To J. I. and F. 1l. IButner, fifty dollars. To E. P. Lawson, agent of E. L. Mastick, one hundred dollars. To M. J. O'Leary, three hundred and thirty-five dollars. To Alfred Miller, one hundred dollars. To Meyers and Richardson, eighty-six dollars. To Mary E. Morrison, two hundred dollars. To Roderick R. Riley, one hundred and ninety-two dollars. To Charles O'Connell, ten dollars. To John Lady, one hundred and eighty-five dollars. To John Jerden, five hundred dollars. 169

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170 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To Mrs. IJ. II. Groth, thirty-five dollars. To J. L. and W. L. Broom, one hundred and ten dollars. To Andrew Bradley, one hundred and sixty-six dollars. To James C. Gordon, three hundred and eighty dollars and forty cents. To irs. A. E. Roesel, four hundred and ninety-two dollars and sixty cents. To J. R. Peters, forty-five dollars. To T. W. and Gordon Lee, one hundred and forty-five dollars and seventy-five cents. To J. B. Dixon, forty-nine dollars and fifty cents. To Lee and Gordon Mill Company. two hundred and seventy-five dollars. To S. II. Martin, one hundred and forty-nine dollars. To the city of Macon, five thousand three hundred and four dollars and seventy-two cents. To J. W. Stapp, seventy dollars. To J. B. Beaver, three hundred and five dollars. To D. H. Devereaux, five dollars. To the State of Georgia, nine hundred and sixteen dollars and ninety-nine cents. To T. N. Woolfolk, two hundred and fifty dollars. To S. Seisel, ten dollars. Illinois. ILLINOIS. To the Illinois Board of Agriculture, fifty-one dollars. Iowa. TOWA. To Jesse Hayne, three dollars and fifty cents. To W. II. Clark, sixty-four dollars and seventy-five cents. To Mary Watts, one hundred and eighteen dollars and forty-two cents. To William Gordon, two hundred and fifty-one dollars. To the Asbury Methodist Episcopal Church, one hundred and seventy-five dollars and fifty cents. To Mrs. N. E. Newans, thirty-two dollars and fifty cents. To George Spaulding, twenty-five dollars. To Mrs. S. Clark, one hundred and sixty-two dollars. Kentucky. KENTUCKY. To J. W. Royster, ninety dollars. To. W. G. Downing, thirty dollars. Louisiana. LOUISIANA. To the Crescent City Jockey Club, one thousand three hundred and ninety-one dollars and thirty-five cents.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. MASSACHUSETTS. Massachusetts. To Antonio Gregori, sixteen dollars. NEW HAMPSHIRE. New Hamp shire. To Justin H. Yeaton, five dollars. NEW YORK. New York. To J. W. Mayhew, four hundred and thirty-five dollars. NORTH CAROLINA. North Carolina. To the North Carolina Agricultural Society, four hundred and ninety-two dollars and thirty-eight cents. PENNSYLVANIA. Pennsylvania. To David Stout, six hundred and fifty-six dollars and fifty-six cents. To Michael Kohr, one hundred and thirty-seven dollars. To the estate of James Young, deceased, five thousand three hundred and eighteen dollars and ten cents. To Mrs. Anna E. Mumma, three thousand eight hundred and thirty-three dollars and nine cents. To John Motter, three thousand three hundred and twenty dollars and seventy-six cents. To II. N. Shope, five hundred and fifty-two dollars and sixty-two cents. To W. M. Oglesby, one hundred and nineteen dollars and fifty cents. To Miss Mary L. Gray, eight hundred and fifty-nine dollars and fifty-two cents. To M. A. Frantz, forty-one dollars. To J. F. Klugh, two hundred and thirty-five dollars and twelve cents. To D. C. Ulrich, fifty-three dollars and twenty cents. To T. N. Heicher, agent of Mary Stoner, five hundred and eighty-three dollars and fifty cents. To Ed. Staffer, ninety dollars. To Abram Kaylor, one hundred dollars. To A. C. Hocker, twenty dollars. To J. J. Mumma, junior, nine dollars. To C. H1. Iloffer, sixteen dollars and eighty-five cents. To J. G. Stauffer, seventy-nine dollars and thirty-nine cents. To W. A. Croll, seventy-five dollars. To D. B. Keiffer, fifty dollars. To the Conewago Iron Company, one hundred and five dollars and seventy cents. To John V. Rife, forty-five dollars. To W. II. Diffenderfer, one hundred and fifteen dollars. To the Raymond and Campbell Manufacturing Company, one hundred and sixty-two dollars. 171

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172 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To Christian L. Swartz, two dollars and forty cents. To Aaron E. Brandt, twenty dollars. To Jacob Ebersole, fifteen dollars. To Samuel Winter, six dollars. To Adam Reem, nine dollars. To J. L. Fisher, fifty-four dollars and fifty cents. To the estate of Jacob Rife, deceased, one hundred and eight dollars and fifty-one cents. To John N. Brooks, eighty-one dollars and forty-one cents. To John Eshleman, ninety-eight dollars. To C. A. Kunkel, one hundred and sixty dollars. To Joseph Rupp, sixty-six dollars. To the estate of Samuel Mumma, deceased, fifty-three dollars and five cents. To Henry J. Roop, twelve dollars. To the American Tube and Iron Company, forty-five dollars. To Henry Alleman, forty-six dollars. To Solomon Zimmerman, two hundred and ninety-seven dollars and fifty-five cents. To Daniel S. Kohr, trustee of the Mennonite Church, one hundred and fifty-two dollars and eight cents. To 1I. R. Strayer, six hundred and one dollars and seventeen cents. To Daniel S. Kohr, five hundred and four dollars and eleven cents. To W. W. Fisher, six hundred and fifty-eight dollars and sixty-nine cents. To H. L. Heisey, five hundred dollars. To Isaac Coble, one thousand and seventy-nine dollars and forty cents. To Swartz Brothers, one thousand one hundred and ninety-five dollars and eighteen cents. To A. G. Shope, two hundred and sixty-one dollars. To R. H. and G. W. Springer, thirty-seven dollars and ninety cents. To D. H. Parthemore, twenty-two dollars and fifty cents. South CaroSOUTH CAROLINA. lina. To James F. Williams, ninety dollars. To A. G. Gower, twenty-six dollars and twenty-two cents. ToE. A. Stone, seven hundred and seventy-eightdollars. To T. W. Barr, seventeen dollars and twenty-five cents. To J. E. Earle, two hundred and six dollars. To Caroline Fields, six dollars. To H. F. Means, ninety dollars. To Mrs. A. M. Wilbur and Miss M. L. Latimer, thirty dollars. To Cely and Brother, one hundred and seventy-six dollars. To W. L. Gassaway, one hundred and fifty-eight dollars To J. W. Duncan, twenty-five dollars.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To Mrs. E. L. Jantzon, sixty-five dollars. To B. M. Langford, fifty dollars. To W. C. Fleming, twenty-five dollars. To C. A. Snider, fifteen dollars. To W. C. Cleveland, thirty dollars. To the estate of V. W. S. Orr, eighty-one dollars. To O. P. Mills, twenty dollars. To L. B. Smith, ninety dollars. To Charles and McBrayer, sixty-seven dollars. To Sarah E. Montgomery, one hundred dollars. To W. II. Singleton, four dollars and fifty cents. To II. C. Mark, one hundred and ten dollars. To Wilkins, Poe and Company, one hundred dollars. To Mrs. Mary J. Card, one hundred and five dollars. TENNESSEE. Tennessee. To M. D. L. Martin, fifty-three dollars and forty cents. To F. A. R. Scott, one hundred and fifty dollars and eighty-nine cents. To S. M. Hawkins, junior, ten dollars. TEXAS. Texas. To Richard G. Scott, one hundred and fifty dollars. To the Galveston Land and Improvement Company, one thousand one hundred and sixty-six dollars and sixty-six cents. VIRGINIA. Virginia. To J. F. Dyer, five dollars. To Doctor L. W. Ritchie, twenty-five dollars. To R. E. Marshall, seventy-five dollars. To William Pinn, forty-eight dollars. To James W. Carr, twenty-five dollars. To W. G. Crewe, thirty dollars. To Mrs. M. C. Swart, seventy-five dollars. To Mrs. Sarah Yeatman, thirty-five dollars. To Thornton Johnson, twenty-two dollars and fifty cents. To T. B. Whedbee, nine dollars. To Franz Peters, seven dollars and fifty cents. To R. A. Jones, thirty-four dollars. To William Beverly, three dollars. To H. G. Thornton, fourteen dollars. To James Griffith, thirty dollars. To Mrs. Jane R. Foley, thirteen dollars. To J. W. Fletcher, twenty-eight dollars. To Patrick Sweeney, thirty dollars. To Shedrick Carter, two dollars. To George C. Bleight, two hundred and fifteen dollars. To J. T. Smallwood, five dollars. To the Fair Grounds Company, of Richmond, Virginia, two thousand nine hundred and twenty-one dollars. To R. W. and J. F. Trammell, one hundred and twentyfive dollars. 178

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174 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. To Mrs. Emma F. Campbell, two thousand one hundred and ninety-two dollars and sixty-two cents. To W. W. Biggs, ninety-five dollars. To Richard King, two hundred and twenty dollars. To William II. Wrenn, one hundred and fifteen dollars. To F. L. Brenizer, three hundred dollars. To T. T. Taylor, one hundred and thirty-two dollars. To E. D. Cornell, one hundred dollars. To W. P. Poole, sixty-five dollars. To Belle V. Brant, six dollars and fifty cents. To Charles Taylor, two hundred and eight dollars. To F. L. Birch, two hundred and sixteen dollars. To George S. Van de Mark, one hundred and eightyfive dollars and twenty-six cents. To A. J. Wedderburn, one hundred and seventy-three dollars.

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WAR REVENUES. Fifty-fifth Congress, second session. CHAP. 448.-An Act To provide ways and means to meet war June 13, 1898. expenditures, and for other purposes. [Public,No.13'3.] 80 Stats. L., p. Be it enacted by the Senate and House of Representatives 448. of the United States of America in Congress assembled, That Taxes to meet there shall be paid, in lieu of the tax of one dollar now wrs. expendiimposed by law, a tax of two dollars on all beer, lager -on fermented beer, ale, porter, and other similar fermented liquors, liquors. brewed or manufactured and sold, or stored in warehouse, or removed for consumption or sale, within the United States, by whatever name such liquors may be called, for every barrel containing not more than thirty-one gallons; and at a like rate for any other quantity or for the fractional parts of a barrel authorized and defined by law. And section thirty-three hundred and thirty-nine of the R.S.,sec. 339, Revised Statutes is hereby amended accordingly: Pro" oamnded. vided, That a discount of seven and one-half per centum Stamp discount. shall be allowed upon all sales by collectors to brewers of the stamps provided for the payment of said tax: Procollection, tinlof addivided further, That the additional tax imposed in thisegnal taddisection on all fermented liquors stored in warehouse to liquors in warewhich a stamp had been affixed shall be assessed and colhouse. elected in the manner now provided by law for the collection of taxes not paid by stamps. SPECIAL TAXES. SEc. 2. That from and after July first, eighteen hunspecial taxes. dred and ninety-eight, special taxes shall be, and hereby are, imposed annually as follows, that is to say: One. Bankers using or employing a capital not exceed-on bankers. ing the sum of twenty-five thousand dollars shall pay fifty dollars; when.using or employing a capital exceeding twenty-five thousand dollars, for every additional thousand dollars in excess of twenty-five thousand dollars, two dollars, and in estimating capital surplus shall be included. The amount of such annual tax shall in all cases be computed on the basis of the capital and surplus for the preceding fiscal year. Every person, firm, or coin-definition. pany, and every incorporated or other bank, having a place of business where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted upon draft, check, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received 175

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176 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS for discount or sale, shall be a banker under this Act: Proviso. Provided, That any savings bank having no capital stock, and whose business is confined to receiving deposits and loaning or investing the same for the benefit of its depositors, and which does no other business of banking, shall not be subject to this tax. -on brokers. Two. Brokers shall pay fifty dollars. Every person, firm, or company, whose business it is to negotiate purchases or sales of stocks, bonds, exchange, bullion, coined money, bank notes, promissory notes, or other securities, for themselves or others, shall be regarded as a broker: Proviso. Provided, That any person having paid the special tax as Bankers not d t taxable as broa banker shall not be required to pay the special tax as a kers. broker. -on pawnbroThree. Pawnbrokers shall pay twenty dollars. Every kers.fim -definition. person, firm, or company whose business or occupation it is to take or receive, by way of pledge, pawn, or exchange, any goods, wares, or merchandise, or any kind of personal property whatever, as security for the repayment of money loaned thereon, shall be deemed a pawnbroker. Tax on comFour. Commercial brokers shall pay twenty dollars. mercial brokers. Every person, firm or company whose business it is as a -definition. broker to negotiate sales or purchases of goods, wares, produce, or merchandise, or to negotiate freights and other business for the owners of vessels, or for the shippers or consignors or consignees of freight carried by vessels, shall be regarded as a commercial broker under this Act. -on customFive. Custom-house brokers shall pay ten dollars. house brokers. -definition. Every person, firm, or company whose occupation it is, as the agent of others, to arrange entries and other customhouse papers, or transact business at any port of entry relating to the importation or exportation of goods, wares, or merchandise, shall be regarded as a custom-house broker. -on theaters, Six. Proprietors of theaters, museums, and concert halls museums, and concert halls. in cities having more than twenty-five thousand popula-definitions. tion as shown by the last preceding United States census, shall pay one hundred dollars. Every edifice used for the purpose of dramatic or operatic or other representations, plays, or performances, for admission to which entrance money is received, not including halls rented or used occasionally for concerts or theatrical representaProviso. tions, shall be regarded as a theater: Provided, That Payment by whenever any such edifice is under lease at the passage lessees. of this Act, the tax shall be paid by the lessee, unless otherwise stipulated between the parties to said lease. -on circuses. Seven. The proprietor or proprietors of circuses shall pay -definition. one hundred dollars. Every building, space, tent, or area where feats of horsemanship or acrobatic sports or theatrical performances are exhibited shall be regarded as a pigmeit of circus: Provided, That no special tax paid in one State, tax inonestate, Territory, or the District of Columbia shall exempt exhietc., not an exemptioninother bitions from the tax in another State, Territory, or the states,etc. District of Columbia, and but one special tax shall be imposed for exhibitions within any one State, Territory, or District.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Eight. Proprietors or agents of all other public exhibi-onpublic exhibitionsunenutions or shows for money not enumerated in this section merated. shall pay ten dollars: Provided, That a special tax paid Proviso. in one State, Territory, or the District of Columbia shall gymentafe not exempt exhibitions from the tax in another State, Teretc., not an exemptioninother ritory, or the District of Columbia, and but one special States, etc. tax shall be required for exhibitions within any one State, Territory, or the District of Columbia. Nine. Proprietors of bowling alleys and billiard rooms-on bowlingalshall pay five dollars for each alley or table. Every buildtables. biliard ing or place where bowls are thrown or where games of bil-definitions. liards or pool are played, and that are open to the public with or without price, shall be regarded as a bowling alley or a billiard room, respectively. TOBACCO, CIGARS, CIGARETTES, AND SNUFF. Tobacco, ci> > >gars, cigarettes, andsnuff. SEC. 3. That there shall, in lieu of the tax now imposed baeo nnnufoby law, be levied and collected a tax of twelve cents per pound upon all tobacco and snuff, however prepared, manufactured, and sold, or removed for consumption or sale; and upon cigars and cigarettes which shall be manu".i gctrs and factured and sold, or removed for consumption or sale, aws, 1st sesthere shall be levied and collected the following taxes, to i0 en th Conbe paid by the manufacturer thereof, namely, a tax of three dollars and sixty cents per thousand on cigars of all descriptions made of tobacco, or any substitute therefor, and weighing more than three pounds per thousand, and of one dollar per thousand on cigars made of tobacco or any substitute therefor, and weighing not more than three pounds per thousand; and a tax of three dollars and sixty cents per thousand on cigarettes made of tobacco or any substitute therefor, and weighing more than three pounds per thousand; and one dollar and fifty cents per thousand on cigarettes made of tobacco or any substitute therefor, and weighing not more than three pounds per thousand: Provided, That in lieu of the two, three, and four ounce Proviso. packages of tobacco and snuff now authorized by law, Packages of there may be packages thereof containing one and twobaccoandasnuff. thirds ounces, two and one-half ounces, and three and onethird ounces, respectively, and in addition to packages now authorized by law, there may be packages containing one ounce of smoking tobacco. And there shall also be assessed and collected with the Additionaltax exceptions hereinafter in this section provided for, upon all on articles the articles enumerated in this section which were manuetc., bearing old factured, imported, and removed from factory or customstamps. house before the passage of this Act bearing tax stamps affixed to such articles for the payment of the taxes thereon, and canceled subsequent to April fourteenth, eighteen hundred and ninety-eight, and which articles were at the time of the passage of this Act held and intended for sale by any person, a tax equal to one-half the difference between the tax already paid on such articles at the time .of removal from the factory or custom-house and the tax levied in this Act upon such articles. S. Doc. 105, 58-2-12 177

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178 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Returns of Every person having on the day succeeding the date of stock having ro a t paidformertax. the passage of this Act any of the above-described articles on hand for sale in excess of one thousand pounds of manufactured tobacco and twenty thousand cigars or cigarettes, and which have been removed from the factory where produced or the custom-house through which imported, bearing the rate of tax payable thereon at the time of such removal, shall make a full and true return under oath in duplicate of the quantity thereof, in pounds Form of reas to the tobacco and snuff and in thousands as to the turn, etc. cigars and cigarettes so held on that day, in such form and under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. Such returns shall be made and delivered to the collector or deputy collector for the proper internal-revenue district within thirty days after the passage of this Act. One of said returns shall be retained by the collector and the other forwarded to the Collection of Commissioner of Internal Revenue, together with the additional tax. assessment list for the month in which the return is received, and the Commissioner of Internal Revenue shall assess and collect the taxes found to be due, as other taxes not paid by stamps are assessed and collected. Appropriation And for the expense connected with the assessment and lrtors, cuero collection of the taxes provided by this Act there is hereby etc. appropriated the sum of one hundred thousand dollars, or so much thereof as may be required, out of any moneys in the Treasury not otherwise appropriated, for the employment of such deputy collectors and other employees in the several collection districts in the United States, and such clerks and employees in the Bureau of Internal Revenue as may, in the discretion of the Commissioner of Internal Revenue, be necessary for a period not exceeding one year, to be compensated for their services by such Additional inallowances as shall be made by the Secretary of the Treastnarevenue agents. ury, upon the recommendation of the Commissioner of Internal Revenue. And the Commissioner of Internal Revenue is authorized to employ ten agents, to be known and designated as internal-revenue agents, in addition to R. s., 152, p. the number now authorized in section thirty-one huridred vol. So, p. as and fifty-two of the Revised Statutes as amended, and the existing provisions of law in all other respects shall apply to the duties, compensation, and expenses of such agents. TOBACCO DEALERS AND MANUFACTURERS. Tar on deal" SEC. 4. That from and after July first, eighteen hundred ers. and ninety-eight, special taxes on tobacco dealers and manufacturers shall be and hereby are imposed annually -how corn-as follows, the amount of such annual taxes to be computed. puted in all cases on the basis of the annual sales for the preceding fiscal year: Dealers in leaf tobacco whose annual sales do not exceed fifty thousand pounds shall each pay six dollars. Dealers in leaf tobacco whose annual sales exceed fifty thousand. and do not exceed one hundred thousand pounds shall

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pay twelve dollars, and if their annual sales exceed one hundred thousand pounds shall pay twenty-four dollars. Dealers in tobacco whose annual sales exceed fifty thousand pounds shall each pay twelve dollars. Every person whose business it is to sell, or offer for "Dealer," de sale, manufactured tobacco, snuff, or cigars shall be fined. regarded as a dealer in tobacco: Provided, That no manProviso. ufacturer of tobacco, snuff, or cigars shall be required to Manufacturer not taxed as pay a special tax as dealer in manufactured tobacco and dealer, etc. cigars for selling his own products at the place of manu> facture. Manufacturers of tobacco whose annual sales do not Tax on manuexceed fifty thousand pounds shall each pay six dollars. facturers. Manufacturers of tobacco whose annual sales exceed fifty thousand and do not exceed one hundred thousand pounds shall each pay twelve dollars. Manufacturers of tobacco whose annual sales exceed one hundred thousand pounds shall each pay twenty-four dollars. Manufacturers of cigars whose annual sales do not exceed one hundred thousand cigars shall each pay six dollars. Manufacturers of cigars whose annual sales exceed one hundred thousand and do not exceed two hundred thousand cigars shall each pay twelve dollars. Manufacturers of cigars whose annual. sales exceed two hundred thousand cigars shall each pay twenty-four dollars. And every person who carries on any business or occuPenalty for pation for which special taxes are imposed by this Act, tax. to pay without having paid the special tax herein provided, shall, besides being liable to the payment of such special tax, be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court. SEC. 5. Until appropriate stamps are prepared and furTemporary nished, the stamps heretofore used to denote the payment tsmps f ol of the internal-revenue tax on fermented liquors, tobacco, snuff, cigars and cigarettes may be stamped or imprinted with a suitable device to denote the new rate of tax, and -to be marked to denote new shall be affixed to all packages containing such articles on rate. which the tax imposed by this Act is paid. And any per--issueof inlien son having possession of unaffixed stamps heretofore issued stamps. for the payment of the tax upon fermented liquors, tobacco, snuff, cigars, or cigarettes shall present the same to the collector of the district, who shall receive them at the price paid for such stamps by the purchasers and issue in lieu thereof new or imprinted stamps at the rate provided by this Act. ADHESIVE STAMPS. SEC. 6. That on and after the first day of July, eighteen -on bonds,etc. hundred and ninety-eight, there shall be levied, collected, and paid, for and in respect of the several bonds, de179

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180 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. bentures, or certificates of stock and of indebtedness, and other documents, instruments, matters, and things mentioned and described in Schedule A of this Act, or for or in respect of the vellum, parchment, or paper upon which such instruments, matters, or things, or any of them, shall be written or printed by any person or persons, or party who shall make, sign, or issue the same, or for whose use or benefit the same shall be made, signed, or issued, the several taxes or sums of money set down in figures against the same, respectively, or otherwise specified or set forth in the said schedule. -on medicines, And there shall also be levied, collected, and paid, for etc. and in respect to the medicines, preparations, matters, and things mentioned and described in Schedule B of this Act, manufactured, sold, or removed for sale, the several taxes or sums of money set down in words or figures against the same, respectively, or otherwise specified or set forth in Schedule B of this Act. Penalty for SEC. 7. That if any person or persons shall make, sign,. failure to stamp. or issue, or cause to be made, signed, or issued, any instrument, document, or paper of any kind or description whatsoever, without the same being duly stamped for denoting the tax hereby imposed thereon, or without having thereupon an adhesive stamp to denote said tax, such person or persons shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than one hundred dollars, at the discretion of the court, and such instrument, document, or paper, as aforesaid, shall not be competent evidence in any court. Penalty for SEC. 8. That if any person shall forge or counterfeit, forging stamps, dies, e c. or cause or procure to be forged or counterfeited, any stamp, die, plate, or other instrument, or any part of any stamp, die, plate, or other instrument which shall have been provided, or may hereafter be provided, made, or used in pursuance of this Act, or shall forge, counterfeit, or resemble, or cause or procure to be forged, counter-impression of feited, or resembled, the impression, or any part of the stamps, dies,. etc. impression, of any such stamp, die, plate, or other instrument as aforesaid, upon any vellum, parchment, or paper, or shall stamp or mark, or cause or procure to be stamped or marked, any vellum, parchment, or paper with any such forged or counterfeited stamp, die, plate, or other instrument, or part of any stamp, die, plate, or other instrument, as aforesaid, with intent to defraud the United States of any of the taxes hereby imposed, or any part -sal of, etc. thereof; or if any person shall utter, or sell, or expose for sale, any vellum, parchment, paper, article, or thing having thereupon the impression of any such counterfeited stamp, die, plate, or other instrument, or any part of any stamp, die, plate, or other instrument, or any such forged, counterfeited, or resembled impression, or part of impression, as aforesaid, knowing the same to be forged, coun-use of, etc. terfeited, or resembled; or if any person shall knowingly use or permit the use of any stamp, die, plate, or other instrument which shall have been so provided, made, or used as aforesaid, with intent to defraud the United

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. States; or if any person shall fraudulently cut, tear, or -removing impression, etc. remove, or cause or procure to be cut, torn, or removed, the impression of any stamp, die, plate, or other instrunent which shall have been provided, made, or used in pursuance of this Act from any vellum, parchment, or paper, or any instrument or writing charged or chargeable with any of the taxes imposed by law; or if any person shall fraudulently use, join, fix, or place, or cause to be used, joined, fixed, or placed, to, with, or upon any vellum, parchment, paper, or any instrument or writing charged or chargeable with any of the taxes hereby imposed, any adhesive stamp, or the impression of any stamp, die, plate, or other instrument, which shall have been provided, mado, or used in pursuance of law, and which shall have been cut, torn, or removed from any other vellum, parchment, or paper, or any instrument or writing charged or chargeable with any of the taxes imposed by law; or if any person shall willfully remove-removal of or cause to be removed, alter or caused to be altered, ece the canceling or defacing marks of any adhesive stamp with intent to use the same, or to cause the use of the same, after it shall have been once used, or shall knowingly or willfully sell or buy such washed or restored stamp, or offer the same for sale, or give or expose the same to any person for use, or knowingly use the same, or prepare the same with intent for the further use thereof; or if any person shall knowingly and without lawful excuse (the proof whereof shall lie on the person accused) have in his possession any washed, restored, or altered stamp which has been removed from any vellum, parchment, paper, instrument, or writing, then, and in every such case, every person so offending, and every person knowingly and willfully aiding, abetting, or assisting in committing any such offenses as aforesaid shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall forfeit the said counterfeit stamps and the articles upon which they are placed, and shall be punished by fine not exceeding one thousand dollars, or by imprisonment and confinement at hard labor not exceeding five years, or both, at the discretion of the court. SEC. 9. That in any and all cases where an adhesive cancellation. stamp shall be used for denoting any tax imposed by this Act, except as hereinafter provided, the person using or affixing the same shall write or stamp thereupon the initials of his name and the date upon which the same shall be attached or used, so that the same may not again be used. And if any person shall fraudulently makeuse iunato fonr of an adhesive stamp to denote any tax imposed by this cel. Act without so effectually canceling and obliterating such stamp, except as before mentioned, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than fifty nor more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court: ProP oo roetary vided, That any proprietor or proprietors of proprietary articles, use of articles, or articles subject to stamp duty under Schedule ine mfowe Post, p. 462 181

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182 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. B of this Act, shall have the privilege of furnishing, without expense to the United States, in suitable form, to be approved by the Commissioner of Internal Revenue, his or their own dies or designs for stamps to be used thereon, to be retained in the possession of the Commissioner of Internal Revenue, for his or their separate use, which -purchase of shall not be duplicated to any other person. And the stamps. proprietor furnishing such dies or designs shall be required to purchase stamps printed therefrom in quantities of not less than two thousand dollars face value at any -cancellation. one time. That in all cases where such stamp is used, instead of cancellation by initials and date, the said stamp shall be so affixed on the box, bottle, or package that in opening the same, or using the contents thereof, the said stamp shall be effectually destroyed; and in default thereof the party making default shall be liable to the same penalty imposed for neglect to affix said stamp as -padent fe hereinbefore prescribed in this Act. Any person who etc. shall fraudulently obtain or use any of the aforesaid stamps or designs therefor, and any person forging. or counterfeiting, or causing or procuring the forging or counterfeiting, any representation, likeness, similitude, or colorable imitation of the said last-mentioned stamp, or any engraver or printer who shall sell or give away said stamps, or selling the same, or, being a merchant, broker, peddler, or person dealing, in whole or in part, in similar goods, wares, merchandise, manufactures, preparations, or articles, or those designed for similar objects or purposes, shall have knowingly or fraudulently in his, her, or their possession any such forged, counterfeited likeness, similitude, or colorable imitation of the said last-mentioned stamp, shall be deemed guilty of a crime, and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars or imprisonment not exceeding one year, or both. aIc a e, accpSEC. 10. That if any person or persons shall make, sign, stamped billsOr issue, or cause to be made, signed, or issued, or shall draitstclnitd accept or pay, or cause to be accepted or paid, with deintent to evade sign to evade the payment of any stamp tax, any bill of tag, exchange, draft, or order, or promissory note for the payment of money, liable to any of the taxes imposed by this Act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the tax hereby -penalty. charged thereon, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding two hundred dollars, at Foreign bils the discretion of the court. of excha nge SEC. 11. That the acceptor or acceptors of any bill of payable in the exchange or order for the payment of any sum of money United States. amnYY drawn, or purporting to be drawn, in any foreign country, but payable in the United States, shall, before paying -to be stamped before paymentor accepting the same, place thereupon a stamp, indicator acceptance* ing the tax upon the same, as the law requires for inland bills of exchange or promissory notes; and no bill of -penalty. exchange shall be paid or negotiated without such stamp; and if any person shall pay or negotiate, or offer in pay-

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ment, or receive or take in payment, any such draft or order, the person or persons so offending shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding one hundred dollars, in the discretion of the court. SEC. 12. That in any collection district where, in the trollecndisjudgment of the Commissioner of Internal Revenue, thefacilitiesfordisfacilities for the procurement and distribution of adhesive o stamps etc., stamps are or shall be insufficient, the Commissioner, as aforesaid, is authorized to furnish, supply, and deliver to the collector of any district, and to any assistant treasurer of the United States or designated depositary thereof, gationo or any postmaster, a suitable quantity of adhesive stamps, to sell. without prepayment therefor, and may in advance require of any collector, assistant treasurer of the United States, or postmaster a bond, with sufficient sureties, to an amount equal to the value of the adhesive stamps which may be placed in his hands and remain unaccounted for, conditioned for the faithful return, whenever so required, of all quantities or amounts undisposed of, and for the payment monthly of all quantities or amounts sold or not remaining on hand. And it shall be the duty of such colRegulations. lector to supply his deputies with, or sell to other parties within his district who may make application therefor, adhesive stamps, upon the same terms allowed by law or under the regulations of the Commissioner of Internal Revenue, who is hereby authorized to make such other regulations, not inconsistent herewith, for the security of the United States and the better accommodation of the public, in relation to the matters hereinbefore mentioned, as he may judge necessary and expedient. And the Secretary of the Treasury may from time to time make such regulations as he may find necessary to insure the safekeeping or prevent the illegal use of all such adhesive stamps. SEC. 13. That any person or persons who shall register, etnsue, sag issue, sell, or transfer, or who shall cause to be issued, stamped bonds, registered, sold, or transferred, any instrument, document, cv ae tent or paper of any kind or description whatsoever mentioned in Schedule A of this Act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the tax chargeable thereon, and canceled in the manner required by law, with intent to evade the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine-penalty. not exceeding fifty dollars, or by imprisonment not exceeding six months, or both, in the discretion of the court; and such instrument, document, or paper, not being stamped according to law, slall be deemed invalid and of no effect: Protided, That hereafter, in all cases where the ntrments party has not affixed to any instrument the stamp required unstampedatisby law thereon at the time of issuing, selling, or transfersue, etc. ring the said bonds, debentures, or certificates of stock or of indebtedness, and he or they, or any party having an interest therein, shall be subsequently desirous of affixing -subsequent such stamp to said instrument, or, if said instrument be validation of. 183

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184 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. lost, to a copy thereof, lie or they shall appear before the collector of internal revenue of the proper district, who shall, upon the payment of the price of the proper stamp required by law, and of a penalty of ten dollars, and, where the whole amount of the tax denoted by the stamp required shall exceed the sum of fifty dollars, on payment also of interest, at the rate of six per centum, on said tax from the day on which such stamp ought to have been affixed, affix the proper stamp to such bond, debenture, certificate of stock or of indebtedness or copy, and note upon the margin thereof the date of his so doing, and the fact that such penalty has been paid; and the same shall thereupon be deemed and held to be as valid, to all intents -unstampedby and purposes, as if stamped when made or issued: And dent, etc. provided further, That where it shall appear to said collector, upon oath or otherwise, to his satisfaction, that any such instrument has not been duly stamped, at the time of making or issuing the same, by reason of accident, mistake, inadvertence, or urgent necessity, and without any willful design to defraud the United States of the stamp, or to evade or delay the payment thereof, then and in such case, if such instrument, or, if the original be lost, a copy thereof, duly certified by the officer having charge of any records in which such original is required to be recorded, or otherwise duly proven to the satisfaction of the collector, shall, within twelve calendar months after the making or. issuing thereof, be brought to the said collector of internal revenue to be stamped, and the stamp tax chargeable thereon s. ,11 be paid, it shall be lawful for the said collector to remit the penalty aforesaid and to cause such instrument to be duly stamped. And when the original instrument, or a certified or duly proven copy thereof, as aforesaid, duly stamped so as to entitle the same to be recorded, shall be presented to the clerk, register, recorder, or other officer having charge of the original record, it shall be lawful for such officer, upon the payment of the fee legally chargeable for the recording thereof, to make a new record thereof, or to note upon the original record the fact that the error or omission in the stamping of said original instrument has been corrected pursuant to law; and the original instrument or such certified copy, or the record thereof, may be used in all courts and places in the same manner and with like effect as if the instrument had Unstampedbeen originally stamped: And provided further, That in instume see -all cases where the party has not affixed the stamp recollection dis-quired by law upon any such instrument issued, regislished. tered, sold, or transferred at a time when and at a place aftaxng propWhere no collection district was established, it shall be -vested rights lawful for him or them, or any party having an interest notaffected. therein, to affix the proper stamp thereto, or, if the original be lost, to a copy thereof. But no right acquired in good faith before the stamping of such instrument, or copy thereof, as herein provided, if such record be required by law, shall in any manner be affected by such stamping as aforesaid.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 14. That hereafter no instrument, paper, or docuInstrument not admitted in ment required by law to be stamped, which has been evidence until signed or issued without being duly stamped, or with a stamped. deficient stamp, nor any copy thereof, shall be recorded or admitted, or used as evidence in any court until a legal stamp or stamps, denoting the amount of tax, shall have been affixed thereto, as prescribed by law: Provided, That tmng of any bond, debenture, 'certificate of stock, or certificate of foreign bonds, indebtedness issued in any foreign country shall pay the etc. same tax as is required by law on similar instruments when issued, sold, or transferred in the United States; and the party to whom the same is~issued, or by whom it is sold or transferred, shall, before selling or transferring the same, affix thereon the stamp or stamps indicating the tax required. SEC. 15. That it shall not be lawful to record or register Recording, .etc., unstamped any instrument, paper, or document required by law to instruments. be stamped unless a stamp or stamps of the proper amount shall have been affixed and canceled in the manner prescribed by law; and the record, registry, or transfer of any such instruments upon which the proper stamp or stamps aforesaid shall not have been affixed and canceled as aforesaid shall not be used in evidence. SEc. 16. That no instrument, paper, or document reInstrument quired by law to be stamped shall be deemed or held forwant of ated invalid and of no effect for the want of a particular kind ticular kin of or description of stamp designated for and denoting the stamp. tax charged on any such instrument, paper, or document, provided a legal documentary stamp or stamps denoting a tax of equal amount shall have been duly affixed and used thereon. SEC. 17. That all bonds, debentures, or certificates of Exemptions from stamp indebtedness issued by the officers of the United States taxes. Government, or by the officers of any State, county, town, municipal corporation, or other corporation exercising the taxing power, shall be, and hereby are, exempt from the stamp taxes required by this Act: Provided, That it is Proviso. the intent hereby to exempt from the stamp taxes imposed -intent. by this Act such State, county, town, or other municipal corporations in the exercise only of functions strictly belonging to them in their ordinary governmental, taxing, or municipal capacity: Provided further, That stock and -further exbonds issued by cooperative building and loan associaemotions, tions whose capital stock does not exceed ten thousand dollars, and building and loan associations or companies that make loans only to their shareholders, shall be exempt from the tax herein provided. SEC. 18. That on and after the first day of July, eight-eg Stmpsontecen hundred and ninety-eight, no telegraph company or its sages. agent or employee shall transmit to any person any dispatch or message without an adhesive stamp, denoting the tax imposed by this Act, being affixed to a copy thereof, or having the same stamped thereupon, and in default thereof shall incur a penalty of ten dollars: Provided, Prosos. That only one stamp shall be required on each dispatch L 185

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. or message, whether sent through one or more compaExemptions. nies: Provided, That the messages or dispatches of the officers and employees of any telegraph or telephone company concerning the affairs and service of the company, and like messages or dispatches of the officials and employees of railroad companies sent over the wires on their respective railroads shall be exempt from this require-Government ment: Provided further, That messages of officers and business. employees of the Government on official business shall be exempt from the taxes herein imposed upon telegraphic and telephonic messages. Provisions as SEC. 19. That all the provisions of this Act relating to. io de et.,t dies, stamps, adhesive stamps, and stamp taxes shall etc. extend to and include (except where manifestly inapplicable) all the articles or objects enumerated in Schedule B, subject to stamp taxes, and apply to the provisions in relation thereto. Time when SEC. 20. That on and after the first day of July, eightetax on dr n s een hundred and ninety-eight, any person, firm, company, effect. or corporation that shall make, prepare, and sell, or -penalty. remove for consumption or sale, drugs, medicines, preparations, compositions, articles, or things, including perfumery and cosmetics, upon which a tax is imposed by this Act, as provided for in Schedule B, without affixing thereto an adhesive stamp or label denoting the tax before mentioned shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six Proviso. months, or both, at the discretion of the court: Provided, Exemptions. That no stamp tax shall be imposed upon any uncompounded medicinal drug or chemical, nor upon any medicine sold to or for the use of any person which may be mixed or compounded for said person according to the written recipe or prescription of any practicing physician or surgeon, or which may be put up or compounded for said person by a druggist or pharmacist selling at retail Applicationof only. The stamp taxes provided for in Schedule B of this dines patent Act shall apply to all medicinal articles compounded by any formula, published or unpublished, which are put up in style or manner similar to that of patent, trade-mark, or proprietary medicine in general, or which are advertised on the package or otherwise as remedies or specifics for any ailment, or as having any special claim to merit, or to any peculiar advantage in mode of preparation, quality, use, or effect. Detaching SEC. 21. That any manufacturer or maker of any of stamps; re-use the articles for sale mentioned in Schedule B, after the of, etc. same shall have been so made, and the particulars hereinbefore required as to stamps have been complied with, or any other person who shall take off, remove, or detach, or cause, or permit, or suffer to be taken off, or removed or detached, any stamp, or who shall use any stamp, or any wrapper or cover to which any stamp is affixed, to cover any other article or commodity than that originally contained in such wrapper or cover, with such stamp when first used, with the intent to evade the stamp duties, shall 186

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. for every such article, respectively, in respect of which any such offense shall be committed, be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a -penalty. fine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court, and every such article or commodity as aforesaid shall also be forefeited. SEC. 22. That any maker or manufacturer of any of the Penalty for articles or commodities mentioned in Schedule B, as aforefec uretostamp, said, or any other person who shall sell, send out, remove, or deliver any article or commodity, manufactured as aforesaid, before the tax thereon shall have been fully paid by affixing thereon the proper stamp, as in this Act provided, or who shall hide or conceal, or cause to be hidden or concealed, or who shall remove or convey away, or deposit, or cause to be removed or conveyed away from or deposited in any place, any such article or commodity, to evade the tax chargeable thereon, or any part thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court, together with the forfeiture of any such article or commodity: Provided, That Proviso. Articles for articles upon which stamp taxes are required by this Act exportation exmay, when intended for exportation, be manufactured and empted. sold or removed without having stamps affixed thereto, and without being charged with tax as aforesaid; and every manufacturer or maker of any article as aforesaid, intended for exportation, shall give such bonds and be subject to such rules and regulations to protect the revenue against fraud as may be from time to time prescribed by the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury. SEC. 23. That every manufacturer or maker of any of rianufacturthe articles or commodities provided for in Schedule B, or statement ot his foreman, agent, or superintendent shall at the end ofcmmpiancowith each and every month make, sign, and file with the coltax. lector of internal revenue for the district in which he resides a declaration in writing that no such article or commodity has, during such preceding month or time when the last declaration was made, been removed, or carried, or sent, or caused or suffered or known to have been removed, carried, or sent from the premises of such manufacturer or maker other than such as have been duly taken account of and charged with the stamp tax, on pain of .such manufacturer or maker forfeiting for every refusal or neglect to make such declaration one hundred dollars; penalty. and if any such manufacturer or maker, or his foreman, agent,or superintendent,shall make any false or untruedeclaration, such manufacturer or maker, or foreman, agent, or superintendent making the same shall be deemed guilty of a misdemeanor, and upon conviction shall pay afine of not more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court. SEC. 24. That the stamp taxes prescribed in this Act on Time of atthe articles provided for in Schedule B shall attach to all on drugs, etc. 187

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. such articles and things sold or removed for sale on and after the said first day of July, eighteen hundred and "Manufacturninety-eight. Every person, except as otherwise provided er" defined, in this Act, who offers or exposes for sale any article or thing provided for in said Schedule B, whether the article so offered or exposed is of foreign manufacture and imported or of domestic manufacture, shall be deemed the manufacturer thereof, and shall be subject to all the taxes, liabilities, and penalties imposed by law for the sale of articles without the use of the proper stamp denoting the Foreign man-tax paid thereon; and all such articles of foreign manuixfactures. facture shall, in addition to the import duty imposed on the same, be subject to the stamp tax prescribed in this Proviso. Act: Provided further, That internal revenue stamps reStamps oniorted merquired by existing law on imported merchandise shall be chandise. affixed thereto and canceled at the expense of the owner or importer before the withdrawal of such merchandise for consumption, and the Secretary of the Treasury is authorized to make such rules and regulations as may be necessary for the affixing and canceling of such stamps, not inconsistent herewith. ofComm Ison SEc. 25. That the Commissioner of Internal Revenue Revenue to preshall cause to be prepared for the payment of the taxes pare stamps. prescribed in this Act suitable stamps denoting the tax on the document, article, or thing to which the same may -to prescribe be affixed, and he is authorized to prescribe such method method of cancellation. for the cancellation of said stamps, as substitute for or in addition to the method provided in this Act, as he may -to contractdeem expedient. The Commissioner of Internal Revefor stamps. nue, with the approval of the Secretary of the Treasury, is authorized to procure any of the stamps provided for in this Act by contract whenever such stamps can not be speedily prepared by the Bureau of Engraving and Printing; but this authority shall expire on the first Saleofstamps, day of July, eighteen hundred and ninety-nine. That the etc. adhesive stamps used in the payment of the tax levied in Schedules A and B of this Act shall be furnished for sale by the several collectors of internal-revenue, who shall sell and deliver them at their face value to all persons applying for the same, except officers or employees of the Proviso. internal-revenue service: Provided, That such collectors si $.' :may sell and deliver such stamps in quantities of not less than one hundred dollars of face value, with a discount of one per centum, except as otherwise provided in this Regulations. Act. And he may, with the approval of the Secretary of the Treasury, make all needful rules and regulations for the proper enforcement of this Act. SCHEDULE A. STAMP TAXES. Bonds, cetiBonds debentures or certificates of indebtedness issued cates of indebtafter the first day of July, anno Domini eighteen hundred edness. and ninety-eight, by any association, company, or corporation, on each hundred dollars of face value or fraction 188

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. thereof, five cents, and on each original issue, whether on organization or reorganization, of certificates of stock by stoetificates of any such association, company, or corporation, on each hundred dollars of face value or fraction thereof, five cents, and on all sales, or agreements to sell, or memoranda of sales or deliveries or transfers of shares or certificates of stock in any association, company, or corporation, whether made upon or shown by the books of the association, company, or corporation, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale whether entitling the holder in any manner to the benefit of such stock, or'to secure the future payment of money or for the future transfer of any stock, on each hundred dollars of face value or fraction thereof, two cents: Provided, That in case of sale where the evidence Proviso. of transfer is shown only by the books of the company the o w ne r ship stamp shall be placed upon such books; and where theme hod of change of ownership is by transfer certificate the stamp shall be placed upon the certificate; and in cases of an agreement to sell or where the transfer is by delivery of the certificate assigned in blank there shall be made and delivered by the seller to the buyer a bill or memorandum of such sale, to which the stamp shall be affixed; and etc.,for of e: every bill or memorandum of sale or agreement to sell before mentioned shall show the date thereof, the name of the seller, the amount of the sale, and the matter or thing to which it refers. And any person or persons liable Penalty. to pay the tax as herein provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale, or who shall in pursuance of any such sale deliver any such stock, or evidence of the sale of any such stock or bill or memorandum thereof, as herein required, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both, at the discretion of the court. Upon each sale, agreement of sale, or agreement to sell, salesoragreeany products or merchandise at any exchange, or board products at exof trade, or other similar place, either for present or c h ages or future delivery, for each one hundred dollars in value of said sale or agreement of sale or agreement to sell, one cent, and for each additional one hundred dollars or fractional part thereof in excess of one hundreddollars, one cent: Provided, That on every sale or agreement of sale Proviso. or agreement to sell as aforesaid there shall be made and of .amorandum delivered by the seller to the buyer a bill, memorandum, agreement, or other evidence of such sale, agreement of sale, or agreement to sell, to which there shall be affixed a lawful stamp or stamps in value equal to the amount of the tax on such sale. And every such bill, memoran--form of. dum, or other evidence of sale or agreement to sell shall show the date thereof, the name of the seller, the amount 1.89

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190 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of the sale, and the matter or thing to which it refers; -penalty for and any person or persons liable to pay the tax as herein failuretostamp, provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale or agreement of sale, or agreement to sell, or who shall, in pursuance of any such sale, agreement of sale, or agreement to sell, deliver any such products or merchandise without a bill, memorandum, or other evidence thereof as herein required, or who shall deliver such bill, memorandum, or other evidence of sale, or agreement to sell, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both, at the discretion of the court. Bank checks, Bank check, draft, or certificate of deposit not drawing drafts, etc. interest, or order for the payment of any sum of money, drawn upon or issued by any bank, trust company, or any person or persons, companies, or corporations at sight or on demand, two cents. Inland bills of Bill of exchange (inland), draft,' certificate of deposit poms soe drawing interest, or order for the payment of any sum of notes, etc. money, otherwise than at sight or on demand, or any promissory note except bank notes issued for circulation, and for each renewal of the same, for a sum not exceeding one hundred dollars, two cents; and for each additional one hundred dollars or fractional part thereof in excess of Moneyorders. one hundred dollars, two cents. And from and after the first day of July, eighteen hundred and ninety-eight, the provisions of this paragraph shall apply as well to original domestic money orders issued by the Government of the United States, and the price of such money orders shall be increased by a sum equal to the value of the stamps herein provided for. Foreign bills Bill of exchange (foreign) or letter of credit (including of exchange,etc. -drawn singly. orders by telegraph or otherwise for the payment of money issued by express or other companies or any person or persons), drawn in but payable out of the United States, if drawn singly or otherwise than in a set of three or more, according to the custom of merchants and bankers, shall pay for a sum not exceeding one hundred dollars, four cents, and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, four cents. -drawn in two If drawn in sets of two or more: For every bill of each sets. set, where the sum made payable shall not exceed one hundred dollars, or the equivalent thereof, in any foreign currency in which such bill may be expressed, according to the standard of value fixed by the United States, two cents; and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, two cents. Billsoflading. Bills of lading or receipt (other than charter party) for --exports. any goods, merchandise, or effects, to be exported from a port or place in the United States to any foreign port or place, ten cents.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Express and freight: It shall be the duty of every frE atess and railroad or steamboat company, carrier, express company, -stamp tax on or corporation or person whose occupation is to act as bill of fading, such, to issue to the shipper or consignor, or his agent, or person from whom any goods are accepted for transportation, a bill of lading, manifest, or other evidence of receipt -and forwarding for each shipment received for carriage and transportation, whether in bulk or in boxes, bales, packages, bundles, or not so inclosed or included; and there shall be duly attached and canceled, as is in this Act provided, to each of said bills of lading, manifests, or other memorandum, and to each duplicate thereof, a stamp of the value of one cent: Provided, That but one Proviso. bill of lading shall be required on bundles or packages of Bunades of newspapers when inclosed in one general bundle at the time of shipment. Any failure to issue such bill of lading, manifest, or other memorandum, as herein provided, shall subject such railroad or steamboat company, carrier, express company, or corporation or person to a penalty of Penalty. fifty dollars for each offense, and no such bill of lading, manifest, or other memorandum shall be used in evidence unless it shall be duly stamped as aforesaid. Telephone messages: It shall be the duty of every perm Telephone son, firm, or corporation owning or operating any telephone line or lines to make within the first fifteen days of each month a sworn statement to the collector of internal revenue in each of their respective districts, stating the number of messages or conversations transmitted over their respective lines during the preceding month for which a charge of fifteen cents or more was imposed, and for each of such messages or conversations the said person, firm, or corporation shall pay a tax of one cent: Provided, That only one payment of said tax shall be Proviso. required, notwithstanding the lines of one or more persons, Limit. firms, or corporations shall be used for the transmission of each of said messages or conversations. Bond: For indemnifying any person or persons, firm, Bond. or corporation who shall have become bound or engaged as surety for the payment of any sum of money, or for the due execution or performance of the duties of any office or position, and to account for money received by virtue thereof, and all other bonds of any description, except such as may be required in legal proceedings, not otherwise provided for in this schedule, fifty cents. Certificate of profits, or any certificate or memorandum Certificate of showing an interest in the property or accumulations oflprofltset any association, company, or corporation, and on all. transfers thereof, on each one hundred dollars of face value or fraction thereof, two cents. Certificate: Any certificate of damage, or otherwise, and Certificate of all other certificates or documents issued by any portdamageetc. warden, marine surveyor, or other person acting as such, twenty-five cents. Certificate of any description required by law notn t ifi ates otherwise specified in this Act, ten cents. Charter party: Contract or agreement for the charter Charterparty. 191

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of any ship, or vessel, or steamer, or any letter, memorandum, or other writing between the captain, master, or owner, or person acting as agent of any ship, or vessel, or steamer, and any other person or persons, for or relating to the charter of such ship, or vessel, or steamer, or any renewal or transfer thereof, if the registered tonnage os such ship, or vessel, or steamer does not exceed three hundred tons, three dollars. Exceeding three hundred tons and not exceeding six hundred tons, five dollars. Exceeding six hundred tons, ten dollars. Contract. Contract: Broker's note, or memorandum of sale of any goods or merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers or persons acting as such, for each note or memorandum of sale, not otherwise provided for in this Act, ten cents. conveyance. Conveyance: Deed, instrument, or writing, whereby any lands, tenements, or other realty sold shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or purchasers, or any other person or persons, by his, her, or their direction, when the consideration or value exceeds one hundred dollars and does not exceed five hundred dollars, fifty cents; and for each additional five hundred dollars or fractional part thereof in excess of five hundred dollars, fifty cents. Dispatch,teleDispatch, telegraphic: Any dispatch or message, one graphic. cent. Entryof goods Entry of any goods, wares, or merchandise at any cushuse.u Btom -tom-house, either for consumption or warehousing, not exceeding one hundred dollars in value, twenty-five cents. Exceeding one hundred dollars and not exceeding five hundred dollars in value, fifty cents. Exceeding five hundred dollars in value, one dollar. -withdrawal. Entry for the withdrawal of any goods or merchandise from customs bonded warehouse, fifty cents. Life insurInsurance (life): Policy of insurance, or other instruance. inent, by whatever name the same shall be called, whereby any insurance shall hereafter be made upon any life or lives, for each one hundred dollars or fractional part Provisos. thereof, eight cents on the amount insured: Provided, -issued on in-. dustrial or That on all policies, for life insurance only, issued on the wekyn t ay ent industrial or weekly-payment plan of insurance, the tax shall be forty per centum of the amount of the first weekly premium. And it shall be the duty of each person, firm, or corporation issuing such policies to make within the first fifteen days of every month a sworn statement to the collector of internal revenue in each of their respective districts, of the total amount of first weekly premiums received on such policies issued by the said person, firm, or corporation during the preceding month, and upon the total amount so received, the said person, firm, or corporation shall pay the said tax of forty per centum: Provided Exemptions. further, That the provisions of this section shall not apply to any fraternal, beneficiary society, or order, or farmers' purely local cooperative company or association, or em192

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ployees' relief associations operated on the lodge system, or local cooperation plan, organized and conducted solely by the members thereof for the exclusive benefit of its members and not for profit. Insurance (marine, inland, fire,): Each policy of insurMarine,inland, ance or other instrument, by whatever name the same anfe. msurshall be called, by which insurance shall be made or renewed upon property of any description (including rents or profits), whether against peril by sea or on inland waters, or by fire or lightning, or other peril, made by any person, association, or corporation, upon the amount of premium charged, one-half of one cent on each dollar or fractional part thereof: Provided, That purely cooperative Proviso. or mutual fire insurance companies carried on by the Exemption. members thereof solely for the protection of their own property and not for profit shall be exempted from the tax herein provided. Insurance (casualty, fidelity, and guarantee): Each polcasualty, fidelicy of insurance, or bond or obligation of the nature of a e., msurindemnity for loss, damage, or liability issued, or executed, or renewed by any person, association, company, or corporation, transacting the business of accident, fidelity, employer's liability, plate glass, steam boiler, burglary, elevator, automatic sprinkler, or other branch of insurance (except life, marine, inland, and fire insurance), and each bond undertaking or recognizance, conditioned for the performance of the duties of any office or position, or for the doing or not doing of anything therein specified, or other obligation of the nature of indemnity, and each contract or obligation guaranteeing the validity or legality of bonds or other obligations issued by any State, county, municipal, or other public body or organization, or guaranteeing titles to real estate or mercantile credits executed or guaranteed by any fidelity, guarantee, or surety company upon the amount of premium charged, one-half of one cent on each dollar or fractional part thereof. Lease, agreement, memorandum, or contract for the Leases, etc. hire, use, or rent of any land, tenement, or portion thereofIf for a period of time not exceeding one year, twentyfive cents. If for a period of time exceeding one year and not exceeding three years, fifty cents. If for a period exceeding three years, one dollar. Manifest for custom-house entry or clearance of the Manifest for ..custom-house cargo of any ship, vessel, or steamer for a foreign port-entry. If the registered tonnage of such ship, vessel, or steamer does not exceed three hundred tons, one dollar. Exceeding three hundred tons, and not exceeding six hundred tons, three dollars. Exceeding six hundred tons, five dollars. Mortgage or pledge, of lands, estate, or property, real etMortgages, or personal, heritable, or movable, whatsoever, where the same shall be made as a security for the payment of any definite and certain sum of money, lent at the time or previously due and 'owing or forborne to be paid, being S. Doc. 105, 58-2-13 193

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. payable; also any conveyance of any lands, estate, or property whatsoever, in trust to be sold or otherwise converted into money, which shall be intended only as security, either by express stipulation or otherwise; on any of the foregoing exceeding one thousand dollars and not exceeding one thousand five hundred dollars, twenty-five cents; and on eae five hundred dollars or fractional part thereof in excess of fifteen hundred dollars, twenty-five cents: Proviso. Provided, That upon each and every assignment or transTax on transfers of leases, fer of a mortgage, lease, or policy of insurance, or the etc. renewal or continuance of any agreement, contract, or charter, by letter or otherwise, a stamp duty shall be required and paid at the same rate as that imposed on the original instrument. Passage tickPassage ticket, by any vessel from a port in the United rts foreign States to a foreign port, if costing not exceeding thirty dollars, one dollar. Costing more than thirty and not exceeding sixty dollars, three dollars. Costing more than sixty dollars, five dollars. Powers of atPower of attorney or proxy for voting at any election torney. to vote at corfor officers of any incorporated company or association, ration eeeexcept religious, charitable, or literary societies, or public cemeteries, ten cents. -to sell, lease, Power of attorney to sell and convey real estate, or to stock, s etc rent or lease the same, to receive or collect rent, to sell or transfer any stock, bonds, scrip, or for the collection of any dividends or interest thereon, or to perform any and all other acts not hereinbefore specified, twenty-five cents: Proviso. Provided, That no stamps shall be required upon any paPapers forcollecting pen-pers necessary to be used for the collection of claims from siots, ebount, the United States for pensions, back pay, bounty, or for from taxes. property lost in the military or naval service. Protest. Protest: Upon the protest of every note, bill of exchange, acceptance, check or draft, or any marine protest, whether protested by a notary public or by any other officer who may be authorized by the law of any State or States to make such protest, twenty-five cents. Warehouse Warehouse receipt for any goods, merchandise, or propreceipts. erty of any kind held on storage in any public or private warehouse or yard, except receipts for agricultural products deposited by the actual grower thereof in the regular proviso. course of trade for sale, twenty-five cents: Provided, That from tax of the stamp duties imposed by the foregoing schedule on steamers for manifests, bills of lading, and passage tickets shall not British North Amcricanports. apply to steamboats or other vessels plying between ports of the United States and ports in British North America. SCHEDULE B. Medicinal promedicinal proprietary articles and preparations: For cles, etc. and upon every packet, box, bottle, pot, or phial, or other inclosure, containing any pills, powders, tinctures, troches or lozenges, sirups, cordials, bitters, anodynes, tonics, plasters, liniments, salves, ointments, pastes, drops, waters, (except natural spring waters and carbonated natu194

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ral spring waters), essences, spirits, oils, and all medicinal preparations or compositions whatsoever, made and sold, or removed for sale, by any person or persons whatever, wherein the person making or preparing the same has or claims to have any private formula, secret, or occult art for the making or preparing the same, or has or claims to have any exclusive right or title to the making or preparing the same, or which are prepared, uttered, vended, or exposed for sale under any letters patent, or trade-mark, or which, if prepared by any formula, published or unpublished, are held out or recommended to the public by the makers, venders, or proprietors thereof as proprietary medicines, or medicinal proprietary articles or preparations, or as remedies or specifics for any disease, diseases, or affection whatever affecting the human or animal body, as follows: Where such packet, box, bottle, pot, phial, or -costing not other inclosure, with its contents, shall not exceed, at the m r, than five retail price or value, the sum of five cents, one-eighth of one cent. Where such packet, box, bottle, pot, phial, or other in-ten cents. closure, with its contents, shall exceed the retail price or value of five cents and shall not exceed, at the retail price or value, the sum of ten cents, two-eighths of one cent. Where such packet, box, bottle, pot, phial, or other in-fifteen cents. closure, with its contents, shall exceed the retail price or value of ten cents and shall not exceed at the retail price or value the sum of fifteen cents, three-eighths of one cent. Where each packet, box, bottle, pot, phial, or other intwenty-five closure, with its contents, shall exceed the retail price or value of fifteen cents and shall not exceed the retail price or value of twenty-five cents, five-eighths of one cent. And for each additional twenty-five cents of retail price-exceeding or value or fractional part thereof in excess of twenty-five nesty-five cents, five-eighths of one cent. Perfumeryand cosmetics and other similar articles: For Perfumery, and upon every packet, box, bottle, pot, phial, or other cosmetics, etc. inclosure containing any essence, extract, toilet water, cosmetic, vaseline, petrolatum, hair oil, pomade, hairdressing, hair restorative, hair dye, tooth wash, dentifrice, tooth paste, aromatic cachous, or any similar substance or article, by whatsoever name the same heretofore have been, now are, or may hereafter be called, known, or distinguished, used or applied, or to be used or applied as perfumes or as applications to the hair, mouth, or skin, or otherwise used, made, prepared, and sold or removed for consumption and sale in the United States, where such packet, -m ostng not .box, bottle, pot, phial, or other inclosure, with its concents. tents, shall not exceed at the retail price or value the sum of five cents, one-eighth of one cent. Where such packet, box, bottle, pot, phial, or other in-ten cents. closure, with its contents, shall exceed the retail price or value of five cents, and shall not exceed the retail price or value of ten cents, two-eighths of one cent. Where such packet, box, bottle, pot, phial, or other in-fifteen cents. closure, with its contents, shall exceed the retail price or 195

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. value of ten cents and shall not exceed the retail price or value of fifteen cents, three-eighths of one cent. -twenty-five Where such packet, box, bottle, pot, phial, or other inclosure, with its contents, shall exceed the retail price or value of fifteen cents and shall not exceed the retail price or value of twenty-five cents, five-eighths of one cent. -exceeding And for each additional twenty-five cents of retail price twentyfive cents. or value or fractional part thereof in excess of twenty-five cents, five-eighths of one cent. Chewinggnm, Chewing gum or substitutes therefor: For and upon etc. .each box, carton, jar, or other package containing chewing gum of not more than one dollar of actual retail value, four cents; if exceeding one dollar of retail value, for each additional dollar or fractional part thereof, four cents; under such regulations as the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, may prescribe. Wines. Sparkling or other wines, when bottled for sale, upon each bottle containing one pint or less, one cent. Upon each bottle containing more than one pint, two cents. Stamps on rTa ties in band That all articles and preparations provided for in this when tax atschedule which are in the hands of manufacturers or of taches. wholesale or retail dealers on the first day of July, eight-dealer who is een hundred and ninety-eight, shall be subject to the paynot the manufacturer may ment of the stamp taxes herein provided for, but it shall stamp on sale. be deemed a compliance with this Act as to such articles on hand in the hands of wholesale or retail dealers as aforesaid who are not the manufacturers thereof to affix the proper adhesive tax stamp at the time the packet, box, bottle, pot, or phial, or other inclosure with its contents is sold at retail. Allowance of SEC. 26. There shall be an allowance of drawback on drawback on articles having articles mentioned in Schedule B of this Act on which paid internal revenue ta. any internal-revenue tax shall have been paid, equal in amount to the stamp tax paid thereon, and no more, when exported, to be paid by the warrant of the Secretary of the Treasury on the Treasurer of the United States, out of any money arising from internal taxes not otherwise oicable appropriated: Provided, That no allowance of drawback to articYes exshall be made for any such articles exported prior to July Jue 1o98. to first, eighteen hundred and ninety-eight. The evidence Evidence of that any such tax has been paid as aforesaid shall be furpaymentof tax. nished to the satisfaction of the Commissioner of Internal Revenue by the person claiming the allowance of drawback, and the amount shall be ascertained under such regulations as shall be prescribed from time to time by said Commissioner, with the approval of the Secretary of the Treasury. EXCISE TAXES ON PERSONS, FIRMS, COMPANIES, AND CORPORATIONS ENGAGED IN REFINING PETROLEUM AND SUGAR. Tax oncorpoSEC. 27. That every person, firm, corporation, or coinrations, etc., re.( .i. fining sugar or pany carrying on or domg the business of refining petropetroleum. leum, or refining sugar, or owning or controlling any pipe 196

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. line for transporting oil or other products, whose gross annual receipts exceed two hundred and fifty thousand dollars, shall be subject to pay annually a special excise tax equivalent to one-quarter of one per centum on the gross amount of all receipts of such persons, firms, corporations, and companies in their respective business in excess of said sum of two hundred and fifty thousand dollars. And a true and accurate return of the amount of gross Monthly return as to gross receipts as aforesaid shall be made and rendered monthly receipts. by each of such associations, corporations, companies, or persons to the collector of the district in which any such association, corporation, or company may be located, or in which such person has his place of business. Suchre--verification turn shall be verified under oath by the person making of. the same, or, in case of corporations, by the president or chief officer thereof. Any person or officer failing or re-penalty for failure to make fusing to make return as aforesaid, or who shall make a return. false or fraudulent return, shall be liable to a penalty of not less than one thousand dollars and not exceeding ten thousand dollars for each failure or refusal to make return as aforesaid and for each and every false or fraudulent return. SEC. 28. That from and after the first day of July, Taxonpaloreighteen hundred and ninety-eight, a stamp tax, of one cent shall be levied and collected on every seat sold in a palace or parlor car and on every berth sold in a sleeping (ar, the stamp to be affixed to the ticket and paid by the company issuing the same. LEGACIES AND DISTRIBUTI VE SHARES OF PERSONAL PROPERTY. SEC. 29. That any person or persons having in charge dLis and ditibutive or trust, as administrators, executors, or trustees, any shares personal legacies or distributive shares arising from personal propproperty. erty, where the whole amount of such personal property as aforesaid shall exceed the sum of ten thousand dollars in actual value, passing, after the passage of this Act, from any person possessed of such property, either by will or by the intestate laws of any State or Territory, or any personal property or interest therein, transferred by deed, grant, bargain, sale, or gift, made or intended to take effect in possession or enjoyment after the death of the grantor or bargainer, to any person or persons, or to any body or bodies, politic or corporate, in trust or otherwise, shall be, and hereby are, made subject to a duty or tax, to be paid to the United States, as follows-that is to say: Where the whole amount of said personal property shall Personal estate not exceedexceed in value ten thousand and shall not exceed in value ing sm,0o. the sum of twenty-five thousand dollars the tax shall be: First. Where the person or persons entitled to any bene-tax on lineal ficial interest in such property shall be the lineal issue or ete, brother, lineal ancestor, brother, or sister to the person who died possesed of such property, as aforesaid, at the rate of seventy five cents for each and every hundred dollars of the clear value of such interest in such property. 197

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198 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. -descendant of Second. Where the person or persons entitled to any brother, etc. beneficial interest in such property shall be the descendant of a brother or sister of the person who died possessed, as aforesaid, at the rate of one dollar and fifty cents for each and every hundred dollars of the clear value of such interest. -uncle, etc. Third. Where the person or persons entitled to any beneficial interest in such property shall be the brother or sister of the father or mother, or a descendant of a brother or sister of the father or mother, of the person who died possessed as aforesaid, at the rate of three dollars for each and every hundred dollars of the clear value of such interest. -brother, etc., Fourth. Where the person or persons entitled to any of grandfather beneficial interest in such property shall be the brother etc. or sister of the grandfather or grandmother, or a descendant of the brother or sister of the grandfather or grandmother, of the person n ho died possessed as aforesaid, at the rate of four dollars for each and every hundred dollars of the clear value of such interest. -other degrees Fifth. Where the person or persons entitled to any benof relationship. eficial interest in such property shall be in any other degree of collateral consanguinity than is hereinbefore stated, or shall be a stranger in blood to the person who died possessed, as aforesaid, or shall be a body politic or corporate, at the rate of five dollars for each and every hundred dolProviso. lars of the clear value of such interest: Provided, That Exemptions. all legacies or property passing by will, or by tlhe laws of any State or Territory, to husband or wife of the person died possessed, as aforesaid, shall be exempt from tax or duty. Personal esWhere the amount or value of said property shall extate not exceeding$1WooO. ceed the sum of twenty five thousand dollars, but shall not exceed the sum or value of one hundred thousand dollars, the rates of duuy or tax above set forth shall be mul-50,000. tiplied by one and one-half; and where the amount or value of said property shall exceed the sum of one hundred thousand dollars, but shall not exceed the sum of five hundred thousand dollars, such rates of duty shall -$1,000,000. be multiplied by two; and where the amount or value of said property shall exceed the sum of five hundred thousand dollars, but shall not exceed the sum of one million dollars, such rates of duty shall be multiplied by two and -exceeding $1,one-half; and where the amount or value of said property Oooooo. shall exceed the sum of one million dollars, such rates of duty shall be multiplied by three. Tax to be a SEc. 30. That the tax or duty aforesaid shall be a lien lien, etc. and charge upon the property of every person who may die as aforesaid for twenty years, or until the same shall, within that period, be fully paid to and discharged by the --payment of. United States; and every executor, administrator, or trustee, before payment and distribution to the legatees, or any parties entitled to beneficial interest therein, shall pay to the collector or deputy collector of the district of which the deceased person was a resident the amount of the duty or tax assessed upon such legacy or distributive

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. share, and shall also make and render to the said collector Schedules, or deputy collector a schedule, list, or statement, in duplie cate, of the amount of such legacy or distributive share, together with the amount of duty which has accrued, or shall accrue, thereon, verified by his oath or affirmation, to be administered and certified thereon by some magistrate or officer having lawful power to administer such oaths, in such form and manner as may be prescribed by the Commissioner of Internal Revenue, which schedule, list, or statement shall contain the names of each and every person entitled to any beneficial interest therein, together with the clear value of such interest, the duplicate of which schedule, list, or statement shall be by him immediately delivered, and the tax thereon paid to such collector; and upon such payment and delivery of such Reteipt for schedule, list, or statement said collector or deputy collector shall grant to such person paying such duty or tax a receipt or receipts for the same in duplicate, which shall be prepared as hereinafter provided. Such receipt or re-force of. ceipts, duly signed and delivered by such collector or deputy collector, shall be sufficient evidence to entitle such executor, administrator, or trustee to be credited and allowed such payment by every tribunal which, by the laws of any State or Territory, is, or may be, empowered to decide upon and settle the accounts of executors and administrators. And in case such executor, administrator, or trustee Negleettopay shall refuse or neglect to pay the aforesaid duty or tax to tax, etc. the collector or deputy collector, as aforesaid, within the time hereinbefore provided, or shall neglect or refuse to deliver to said collector or deputy collector the duplicate of the schedule, list, or statement of such legacies, property, or personal estate, under oath, as aforesaid, or shall neglect or refuse to deliver the schedule, list, or statement of such legacies, property, or personal estate, under oath, as aforesaid, or shall deliver to said collector or deputy collector a false schedule or statement of such legacies, property, or personal estate, or give the names and relationship of the persons entitled to beneficial interests therein untruly, or shall not truly and correctly set forth and state therein the clear value of such beneficial interest, or where no administration upon such property or personal estate shall have been granted or allowed under existing laws, the collector or deputy collector shall make out such lists and valuation as in other cases of neglect or refusal, and shall assess the duty thereon; and the col-legal recover. lector shall commence appropriate proceedings before any court of the United States, in the name of the United States, against such person or persons as may have the, actual or constructive custody or possession of such property or personal estate, or any part thereof, and shall subject such property or personal estate, or any portion of the same, to be sold upon the judgment or decree of such court, and from the proceeds of such sale the amount of such tax or duty, together with all costs and expenses of every description to be allowed by such court, shall be first paid, and the balance, if any, deposited according to 199

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200 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the order of such court, to be paid' under its direction to such person or persons as shall establish title to the same. menteeed.ug lie deed or deeds, or any proper conveyance of such property or personal estate, or any portion thereof, so sold under such judgment or decree, executed by the officer lawfully charged with carrying the same into effect, shall vest in the purchaser thereof all the title of the delinquent to the property or personal estate sold under and by virtue of such judgment or decree, and shall release every other portion of such property or personal estate from the lien Penalty for reor charge thereon created by this Act. And every person fusal, etc., to exc hibit papers, or persons who shall have in his possession, charge, or etc. custody any record, file, or paper containing, or supposed to contain, any information concerning such property or personal estate, as aforesaid, passing from any person who may die, as aforesaid, shall exhibit the same at the request of the collector or deputy collector of the district, and to any law officer of the United States, in the performance of his duty under this Act, his deputy or agent, who may desire to examine the same. And if any such person, having in his possession, charge, or custody any such records, files, or papers, shall refuse or neglect to exhibit the same on request, as aforesaid, he shall forfeit Provio. f and pay the sum of five hundred dollars: Provided, That in Recital deed, fore of. all legal controversies where such deed or title shall be the subject of judicial investigation, the recital in said deed shall be prima facie evidence of its truth, and that the requirements of the law had been complied with by the officers of the Government. ActsmadeapSEC. 31. That all administrative, special, or stamp proplicable. visions of law, including the laws in relation to the assessment of taxes, not heretofore specifically repealed are hereby made applicable to this Act. LOANS. Issue of cerSEC. 32. That the Secretary of the Treasury is authortificates of indebtedness ausized to borrow from time to time, at a rate of interest not thorized. 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 certificate so issued shall be payable, with the interest accrued thereon, at such time, not exceeding one year from the date of its issue, as the Secretary of the TreasProviso. ury may prescribe: Provided, That the amount of such -limit. certificates outstanding shall at no time exceed one hunCounterfeit-dred millions of dollars; and the provisions of existing Ing. law respecting counterfeiting and other fraudulent practices are hereby extended to the bonds and certificates of indebtedness authorized by this Act. Issue of bonds SEC. 33. That the Secretary of the Treasury is hereby to secure loan authorized. authorized to borrow on the credit of the United States from time to time as the proceeds may be required to defray expenditures authorized on account of the existing

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. war (such proceeds when received to be used olly for the purpose of meeting such war expenditures) the sum of four hundred million dollars, or so much thereof as may be necessary, 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 twenty dollars -Aeno m in aor some multiple of that sum, redeemable in coin at the pleasure of the United States after ten years from the date of their issue, and payable twenty years from such date, and bearing interest payable quarterly in coin at the rate of three per centum per annum; and 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 orunder State, municipal, orlocalauthority: Provided, n p loan. That the bonds authorized by this section shall be first offered at par as a popular loan under such regulations, prescribed by the Secretary of the Treasury, as will give opportunity to the citizens of the United States to participate in the subscriptions to such loan, and in allotting said bonds the several subscriptions of individuals shall be first accepted, and the subscriptions for the lowest amounts shall be first allotted: Provided further, That Disposition of bonds not subany portion of any issue of said bonds not subscribed for scribed for. as above provided may be disposed of by the Secretary of the Treasury at not less than par, under such regulations as he may prescribe, but no commissions shall be allowed or paid thereon; and a sum not exceeding one-tenth of Expenses. one per centum of the amount of the bonds and certificates herein authorized is hereby appropriated out of any money in the Treasury not otherwise appropriated, to pay the expense of preparing, advertising, and issuing the same. COINAGE OF SILVER BULLION. SEC. 34. That the Secretary of the Treasury is hereby coi2na e of alauthorized and directed to coin into standard silver dolthorized. lars as rapidly as the public interests may require, to an amount, however, of not less than one and one half millions of dollars in each month, all of the silver bullion now in the Treasury purchased in accordance with the provisions of the Act approved July fourteenth, eighteen hundred and ninety, entitled "An Act directing the purchase of silver bullion and the issue of Treasury notes thereon, and for other purposes," and said dollars, when so coined, shall be used and applied in the manner and for the purposes named in said Act. MIXED FLOUR. SEC. 35. That for the purposes of this Act the words -definition. "mixed flour" shall be understood to mean the food product made from wheat mixed or blended in whole or in part with any other grain or other material, or the manufactured product of any other grain or other material than wheat. SEC. 36. That every person, firm, or corporation, before Manufacturengaging in the business of making, packing, or repacker and packers" 201

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202 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ing mixed flour, shall pay a special tax at the rate of twelve dollars per annum, the same to be paid and posted in f.s.,secs.3242, accordance with the provisions of sections thirty-two hun39, pp. 622, 621. dred and forty-two and thirty-two hundred and thirty-nine of the Revised Statutes, and subject to the fines and penalties therein imposed for any violation thereof. Branding of SEC. 37. That every person, firm, or corporation making, packages. packing, or repacking mixed flour shall plainly mark or brand each package containing the same with the words "mixed flour" in plain black letters not less than two inches in length, together with the true weight of such package, the names of the ingredients composing the same, the name of the maker or packer, and the place where Card showingmade or packed. In addition thereto, such maker or contents to be inserted in packer shall place in each package a card not smaller than package. two inches in width by three inches in length, upon which shall be printed the words mixed flour," together with the names of the ingredients composing the same, and the name of the maker or packer, and the place where made -penalty. or packed. Any person, firm, or corporation making, packing, or repacking mixed flour hereunder, failing to comply with the provisions of this section, shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or be imprisoned not less than sixty days nor more than one year. Penalty fo r SEC. 38. That all sales and consignments of mixed flour sale in unbranded packages, shall be in packages not before used for that purpose; and etc. every person, firm, or corporation knowingly selling or offering for sale any mixed flour in other than marked and branded packages, as required by the provisions of this Act relating to' the manufacture and sale of mixed flour, or who packs in any package or packages any mixed flour in any manner contrary to the provisions relating to the manufacture and sale of mixed flour of this Act, or -false brandwho falsely marks or brands any package or packages coning, etc. taining mixed flour, or unlawfully removes such marks or brands, shall, for each such offense, be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or by imprisonment not less than thirty days nor more than one year. La el to be SEC. 39. That in addition to the branding and marking ages. of mixed flour as herein provided, there shall be affixed to the packages containing the same a label in the following words: "Notice.-The (manufacturer or packer, as the case may be) of the mixed flour herein contained has complied with all the requirements of law. Every person is cautioned not to use this package or label again or to remove the contents without destroying the revenue stamp thereon, under the penalty prescribed by law in such -failure to atcases." Every person, firm, or corporation failing or negfix,penalty. lecting to affix such label to any package containing mixed flour made or packed by him or them, or who removes from any such package any label so affixed, shall, upon conviction thereof, be fined not less than fifty dollars for each label so removed.

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 40. That barrels or other packages in which mixed Contents of packages limflour may be packed shall contain not to exceed one iter. hundred and ninety-six pounds; that upon the manufac-tax on. ture and sale of mixed flour there shall be levied a tax of four cents per barrel or other package containing one hundred and ninety-six pounds or more than ninety-eight pounds; two cents on every half barrel or other package containing ninety-eight pounds or more than forty-nine pounds; one cent on every quarter barrel or other package containing forty-nine pounds or more than twentyfour and one-half pounds; and one-half cent on every one-eighth barrel or other package containing twenty-four and a half pounds or less, to be paid by the person, firm, or corporation making or packing said flour. The tax -stamps. levied by this section shall be represented by coupon stamps, and the provisions of existing laws governing the engraving, issue, sale, accountability, effacement, and destruction of stamps relating to tobacco and snuff shall, so far as applicable, be made to apply to stamps provided in this section: Provided, That when mixed flour, on the Proviso.kd manufacture and sale of which the tax herein imposed flour.pace has been paid, is sold and then repacked without the addigno additional tion of any other material, such repacked flour shall not be liable to any additional tax; but the packages containing -branding of such repacked flour shall be branded or marked as required by the provisions of section thirty-seven of this Act, and shall contain the card provided for in section thirty-seven hereof; and in addition thereto the person, firm, or corporation repacking mixed flour shall place on the packages containing the same a label in the following words: "Notice.-The contents of this package have been taken from a regular statutory package, upon which the tax has been duly paid." Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than two hundred and fifty dollars and not more than five hundred dollars, or by imprisonment not to exceed one year. SEC. 41. That whenever any person, firm, or corporation sale or removal of goods sells, consigns, or removes for sale, consignment, or conwithout paying sumption any mixed flour upon which the tax required tax. by this Act has not been paid, it shall be the duty of the Commissioner of Internal Revenue, for a period of not more than one year after such sale, consignment, or removal, upon satisfactory proof, to estimate the amount of tax which should have been paid, and to make an assessment therefor and certify the same to the collector of the -asessment of proper district. The tax so assessed shall be in addition to the penalties imposed by this Act for an unauthorized sale or removal. SEC. 42. That all mixed flours, imported from foreign Im orted countries, shall, in addition to any import duties imposed flour, ax on. thereon, pay an internal-revenue tax equal in amount to the tax imposed under section forty of this Act, such tax to be represented by coupon stamps, and the packages containingsuchimported mixed flour shall be marked,branded, labeled, and stamped as in the case of mixed flour made or 203

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Penalty for packed in the United States. Any person, firm, or corye c e iv in g nbranded, etc. poration purchasing or receiving for sale or repacking any such mixed flour which has not been branded, labeled, or stamped, as required by this Act, or which is contained in packages which have not been marked, branded, labeled, or stamped, us required by this Act, shall, upon conviction, be fined not less than fifty dollars nor more than five hundred dollars. Penalty for SEC. 43. That any person, firm, or corporation knowknowingly nurchasing flour ingly purchasing or receiving for sale or for repacking unstamped, etc. and resale any mixed flour from any maker, packer, or importer, who has not paid the tax herein provided, shall, for each offense, be fined not less than fifty dollars, and forfeit to the United States all the articles so purchased or received, or the full value thereof. Flour for exSEc. 44. That mixed flour may be removed from the port not taxed, place of manufacture or from the place where packed for export to a foreign country without payment of tax or affixing stamps or label thereto, under such regulation and the filing of such bond and other security as the Commissioner of Internal Revenue, with the approval of the -branding. Secretary of the Treasury, may prescribe. Every person, firm, or corporation who shall export mixed flour shall plainly mark on each package containing the same the words "mixed flour," and the names of the ingredients composing the same, the name of the maker or packer, and the place where made or packed, in accordance with the provisions of sections thirty-six to forty-five, inclusive, of this Act. Destruction of SEC. 45. That whenever any package containing mixed stamp on empty packages. e flour is emptied it shall be the duty of the person in whose possession it is to destroy the stamp thereon. Any person disposing of such package without first having destroyed the stamp or mark or marks thereon shall, upon conviction, be punished by a fine not exceeding the sum of twenty-five dollars. Recovery of SEC. 46. That all fines, penalties, and forfeitures imlnes, etc. posed by section thirty-six to section forty-five, both in-i elusive, of this Act may be recovered in any court of competent jurisdiction. Regulations. SEC. 47. That the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, shall make all needful rules and regulations for carrying into effect the provisions relating to the manufacture and sale of mixed flour, being section thirty-five to section fortynine, both inclusive, of this Act, and the said Commissioner of Internal Revenue, by and with the approval of Additional the Secretaryof the Treasury, for the purposeof carrying clerks, etc. said last-mentioned provisions of this Act into effect, is hereby authorized to employ such additional clerks and agents as may be necessary for that purpose, not to exceed twenty in number. Penalty for SEC. 48. That any person, firm, or corporation found atond. guilty of a second or any subsequent violation of any of the provisions of section thirty-six to section forty-five, both inclusive, relating to the manufacture and sale of 204

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. mixed flour as aforesaid, of this Act shall, in addition to the penalties herein imposed, be imprisoned not less than thirty days nor more than ninety days. SEC. 49. That the provisions of this Act relating to the Totakeeffect, manufacture and sale of mixed flour shall take effect and etc' be in force sixty days from and after the date of the passage of this Act; and all packages of mixed flour found on the premises of any person, firm, or corporation on said day, who has made, packed, or repacked the same, on which the tax herein authorized has not been paid, shall be deemed taxable under the provisions of section thirty-six to section forty-five, both inclusive, of this Act, and shall be taxed and have affixed thereon such marks, brands, labels, and stamps as required by the provisions of said sections or by the rules and regulations prescribed by the Commissioner of Internal Revenue, under authority of this Act. TEA. Tea. SEC. 50. That there shall be levied, collected, and paid -tax on. upon tea when imported from foreign countries a duty of ten cents per pound. SEC. 51. That this Act shall take effect on the day next Actetotake efsucceeding the date of its passage except as otherwise specially provided for. Fifty-fifth Congress, third session. [No. 23.] Joint Resolution To amend section twenty-five of the February 28, Act passed June thirteenth, eighteen hundred and ninety-eight, entitled "An Act to provide ways and means to meet war expendi[Pub. Res., No. tures, and for other purposes." -stat. L., p. 1390. Resolved by the Senate and House of Representatives of Txtoe the United States of America in Congress assembled, That waexe noe an Act passed June thirteenth, eighteen hundred and tures. ninety-eight, entitled "An Act to provide ways and means55h Cond. p. to meet war expenditures, and for other purposes," bet amended. Bonds secre amended by adding to the end of Schedule A, section by mortgages, twenty-five, the following: Whenever any bond or note equine etamp shall be secured by a mortgage, or deed of trust but one stamp shall be required to be placed upon such papers: Provided, That the stamp tax placed thereon shall be the Proviso. maxiR EXmi n highest rate required for said instruments, or either of rate. them." Fifty-sixth Congress, second session. CHAP. 806.-An Act To amend an Act entitled "An Act to proMarch 2, 1901. vide ways and means to meet war expenditures, and for other pur[Public,No.121.} poses," approved June thirteenth, eighteen hundred and ninety31 Stats. L., p. eight, and to reduce taxation thereunder. Be it enacted by the Senate and House of Representatives Reduction of of the United States ofnAmerica in Congress assembled That taxes to meet > expenditures section one of the Act entitled "An Act to provide ways war with spain. and means to meet war expenditures, and for other puramended. p. 448, 205

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. poses," approved June thirteenth, eighteen hundred and ninety-eight, is hereby amended so as to read as follows: Reduction on "That there shall be paid, in lieu of the tax of one dolterm en ted. Jiquors. e lar now imposed by law, a tax of one dollar and sixty cents on all beer, lager beer, ale, porter, and other similar fermented liquors, brewed or manufactured and sold, or stored in warehouse, or removed for consumption or sale, within the United States, by whatever name such liquors may be called, for every barrel containing not more than thirty-one gallons; and at a like rate for any other quantity or for the fractional parts of a barrel authorized and R.s., see.3339, defined by law. And section thirty-three hundred and thirty-nine of the Revised Statutes is hereby amended Proviso. accordingly: Provided, That in lieu of or in addition to Cancelltin the present requirementsof lawn that respect, allstamps stamps. used for denoting the tax upon fermented liquors or other taxes may, in the discretion of the Commissioner of Internal Revenue, be canceled by perforations to be made in such manner and form as the Commissioner may by regulations prescribe." Special taxes. SEC. 2. That section two of said Act is hereby amended so as to read as follows: "SEC. 2. That special taxes shall be, and hereby are, imposed annually as follows, that is to say: On bankers. "One. Bankers using or employing a capital not exceeding the sum of twenty-five thousand dollars shall pay fifty dollars; when using or employing a capital exceeding twenty-five thousand dollars, for every additional thousand dollars in excess of twenty-five thousand dollars, two dollars, and in estimating capital surplus shall be included. The amount of such annual tax shall in all cases be computed on the basis of the capital and surplus for the preceding fiscal year. In the case of bankers who were not in business in the preceding fiscal year the tax shall be computed on the capital at the time of com-definition. mencing business. Every person, firm, or company, and every incorporated or other bank, having a place of business where credits are opened by the deposit or collection of money or currency, subject to be paid or remitted upon draft, check, or order, or where money is advanced or loaned on stocks, bonds, bullion, bills of exchange, or promissory notes, or where stocks, bonds, bullion, bills of exchange, or promissory notes are received for discount Proviso. or sale shall be a banker under this Act: Provided, That -exception, any savings bank having no capital stock, and whose business is confined to receiving deposits and loaning or investing the same for the benefit of its depositors, and which does no other business of banking, shall not be subject to this tax. On brokers. "Two. Brokers shall pay fifty dollars. Every person, -definition. firm, or company, whose business it is to negotiate purchases or sales of stocks, bonds, exchange, bullion, coined money, bank notes, promissory notes, or other securities for themselves or others, shall be regarded as a broker: Proviso. Provided, That any person having paid the special tax as Bankers not taxable as broa banker shall not be required to pay the special tax as a kers. broker. 206

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. "Three. Pawnbrokers shall pay twenty dollars. Every k On pawnbroperson, firm, or company whose business or occupation it -deanition. is to take or receive, by way of pledge, pawn, or exchange, any goods, war es, or merchandise, or any kind of personal property whatever, as security for the repayment of money loaned thereon, shall be deemed a pawnbroker. "Four. Custom-house brokers shall pay ten dollars. houne cusom. Every person, firm, or company whose occupation it is, as -definition. the agent of others, to arrange entries and other customhouse papers, or transact business at any port of entry relating to the importation or exportation of goods, wares, or merchandise, shall be regarded as a custom-house broker. "Five. Proprietors of theaters, museums, and concert On theaters, museums, and balls in cities having more than twenty-five thousand popconcert halls. ulation as shown by the last preceding United States census, shall pay one hundred dollars. Every edifice used -definition. for the purpose of dramatic or operatic or other representations, plays, or performances, for admission to which entrance money is received, not including halls rented or used occasionally for concerts or theatrical representations, shall be regarded as a theater: Provided, That whenProviso. ever any such edifice is under lease at the passage of this ly~tent by Act, the tax shall be paid by the lessee, unless otherwise stipulated between the parties to said. lease. Six. The proprietor or proprietors of circuses shall pay Circuses. one hundred dollars. Every building, space, tent, or area-definition. where feats of horsemanship or acrobatic sports or theatrical performance are exhibited shall be regarded as a circus: .Provided, That no special tax paid in one State, Proviso. Territory, or the District of Columbia shall exempt exhitax in one State bitions from the tax in another State, Territory, or the no exemption in District of Columbia, and but one special tax shall be imposed for exhibitions within any one State, Territory, or District. "Seven. Proprietors or agents of all other public exhiPublicexhibi -tions unenubitions or shows for money not enumerated in this section merated. shall pay ten dollars: Provided, That a special tax paid Payment of in one. State, Territory, or the District of Columbia shall tax in one State .no exemption in not exempt exhibitions from the tax in another State, Teranother State. ritory, or the District of Columbia, and but one special tax shall be required for exhibitions within any one State, Territory, or the District of Columbia. "Eight. Proprietors of bowling alleys and billiard rooms Bowlin alleys shall pay five dollars for each alley or table. Every buildnomsbi Lard ing or place where bowls are thrown or where games of-definition. billiards or pool are played, and that are open to the public with or without price, shall be regarded as a bowling alley or a billiard room, respectively." SEc. 3. That the internal-revenue tax on cigars weighcigars and e b cigarettes. ing more than three pounds per thousand shall be three dollars per thousand; and the tax on cigars weighing not ,more than three pounds per thousand shall be eighteen cents per pound, and on cigarettes weighing not more than three pounds per. thousand and of a wholesale value or price of not more than two dollars per thousand shall be 207

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. eighteen cents per pound; and the tax on cigarettes weighing not more than three pounds per thousand and of a wholesale value or price of more than two dollars per thousand shall be thirty-six cents per pound; and all such cigars and cigarettes weighing not more than three pounds per thousand shall for purposes of taxation be held and considered as weighing three pounds. Discount on SEC. 4. That there shall be allowed a discount of twenty sales by collectors to manufacper centum on all sales by collectors to manufacturers of turers on to-tobacco and snuff upon the stamps provided for the payetc. ment of internal-revenue taxes upon manufactured toProvisos. bacco and snuff: Provided, That in addition to the packPackages of smoking toages of smoking tobacco now authorized by law there shall bacco. be packages of two ounces, three ounces, and four ounces: Drawbacks. And provided further, That on all original and unbroken factory packages of smoking and manufactured tobacco and snuff, and cigars, held by manufacturers or dealers at the time such discount or reduction of tax shall go into effect, upon which the tax has been paid, there shall be allowed a drawback or rebate of the full amount of such discount or reduction of tax, but the same shall not apply in any case where the claim has not been presented within sixty days following the date of the reduction; and no claim shall be allowed or drawback paid for a less amount than ten dollars. It shall be the duty of the Commissioner of Internal Revenue, with the approval of the Secretary of the Treasury, to adopt such rules and regulations and to prescribe and furnish such blanks and forms as may be necessary to carry this section into effect. SEC. 5. That section six of said Act is hereby amended by striking out the words "medicines, preparations, matters, and things," in the last paragraph of said section, and inserting in lieu thereof the word "wines," so that the section as amended shall read as follows: Ad hesive stamps. Bonds, etc. Wines. "ADHESIVE STAMPS. "SEC. 6. That on and after the first day of July, eighteen hundred and ninety-eight, there shall be levied, collected, and paid, for and in respect of the several bonds, debentures, or certificates of stock and of indebtedness, and other documents, instruments, matters, and things mentioned and described in Schedule A of this Act, or for or in respect of the vellum, parchment, or paper upon which such instruments, matters, or things, or any of them, shall be written or printed by any person or persons, or party who shall make, sign, or issue the same, or for whose use or benefit the same shall be made, signed, or issued, the several taxes or sums of money set down in figures against the same, respectively, or otherwise specified or set forth in the said schedule. "And there shall also be levied, collected, and paid, for and in respect to the wines mentioned and described in Schedule B of this Act, manufactured, sold, or removed for sale, the several taxes or sums of money set down in 208

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. words or figures against the same, respectively, or otherwise specified or set forth in Schedule B of this Act." SEC. 6. That section nine of said Act is hereby amended cancellation. by striking out the proviso, so that the section as amended shall read as follows: "SEC. 9. That in any and all cases where an adhesive Vol.30,p.453. stamp shall be used for denoting any tax imposed by this Act, except as hereinafter provided, the person using or affixing the same shall write or stamp thereupon the initials of his name and the date upon which the same shall be attached or used, so that the same may not again be used. And if any person shall fraudulently make use of -penalty. an adhesive stamp to denote any tax imposed by this Act without so effectually canceling and obliterating such stamp, except as before mentioned, he, she, or they shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than fifty nor more than five hundred dollars, or be imprisoned not more than six months, or both, at the discretion of the court." SEC. 7. That section thirteen of said Act is hereby Isasue, sale, amended by striking out the words Schedule A of," and standpe bonds, also by inserting in the first proviso, after the words etc.with intent "bonds, debentures, or certificates of stock or of indebtedness," the words "or any instrument, document, or paper of any kind or description whatsoever mentioned in Schedule A of this Act; so that said section as amended shall read as follows: SEC. 13. That any person or persons who shall register, issue, sell, or transfer, or who shall cause to be issued, registered, sold, or transferred, any instrument, document, or paper of any kind or description whatsoever mentioned in this Act, without the same being duly stamped, or having thereupon an adhesive stamp for denoting the tax chargeable thereon, and canceled in the manner required by law, with intent to evade the provisions of this Act, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars, or by imprisonment not exceeding six months, or both, in the discretion of the court; and such instrument, document, or paper, not being stamped according to law, shall be deemed invalid and of no effect: Provided, That hereafter, in all cases where the party % notuent has not affixed to any instrument the stamp required by validation of. law thereon at the time of issuing, selling, or transferring the said bonds, debentures, or certificates of stock or of indebtedness, or any instrument, document, or paper of any kind or description whatsoever mentioned in Schedule A of this Act, and be or they, or any party having an interest therein, shall be subsequently desirous of affixing such stamp to said instrument, or, if said instrument be lost, to a copy thereof, he or they shall appear before the collector of internal revenue of the proper district, who shall, upon the payment of the price of the proper stamp required by law, and of a penalty of ten dollars, and, where S. Doe. 105, 58-2------14 209

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210 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the whole amount of the tax denoted by the stamp required shall exceed the sum of fifty dollars, on paymen t also of interest, at the rate of six per centum, on said tax from the day on which such stamp ought to have been affixed, affix the proper stamp to such bond, debenture, certificate of stock or of indebtedness or copy, or instrument, document or paper of any kind or description whatsoever mentioned in Schedule A of this Act, and note upon the margin thereof the date of his so doing and the fact that such penalty has been paid; and the same shall thereupon be deemed and held to be as valid to all intents and purposes -nnstampedby as if stamped when made or issued: And provided furreason of acci-. dent other, That where it shall appear to said collector, upon oath or otherwise, to his satisfaction, that any such instrument has not been duly stamped, at the time of making or issuing the same, by reason of accident, mistake, inadvertence, or urgent necessity, and without any willful design to defraud the United States of the stamp, or to evade or delay the payment thereof, then and in such -reacordof oorcase, if such instrument, or, if the original be lost, a copy thereof, duly certified by the officer having charge of any records in which such original is required to be recorded, or otherwise duly proven to the satisfaction of the collector, shall, within twelve calendar months after the making or issuing thereof, be brought to the said collector of internal revenue to be stamped, and the stamp tax chargeable thereon shall be paid, it shall be lawful for the said collector to remit the penalty aforesaid and to cause such instrument to be duly stamped. And when the original instrument, or a certified or duly proven copy thereof, as aforesaid, duly stamped so as to entitle the same to be recorded, shall be presented to the clerk, register, recorder, or other officer having charge of the original record, it shall be lawful for such officer, upon the payment of the fee legally chargeable for the recording thereof, to make a new record thereof, or to note upon the original record the fact, that the error or omission in the stamping of said original instrument has been corrected pursuant to law; and the original instrument or such certified copy, or the record thereof, may be used in all courts and places in the same manner and with like effect as if the instrument had been originally stamped: Unstampe e And provided further, That in all cases where the party wherenocollec-has not affixed the stamp required by law upon any such tion district es. tablished. instrument issued, registered, sold, or transferred at a time when and at a place where no collection district was established,, it shall be lawful for him or them, or any party having an interest therein, to affix the proper stamp thereto, or, if the original be lost, to a copy thereof. But no right acquired in good faith before the stamping of such instrument, or copy thereof, as herein provided, if such record be required by law, shall in any manner he affected by such stamping as aforesaid." SEC. 8. That Schedule A of said Act is hereby amended so as to read as follows:

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. "SCHEDULE A. "STAMP TAXES. "One. Bonds, debentures, or certificates of indebtedBonds, debenness issued after the first day of July, anno Domini cateso of indebt eighteen hundred and ninety-eight, by any association, edness, etc. company, or corporation, on each hundred dollars of face value or fraction thereof, five cents, and on each original issue, whether on organization or reorganization, of certificates of stock by any such association, company, or corporation, on each hundred dollars of face value or fraction thereof, five cents, and on all sales, or agreements to sell, or memoranda of sales or deliveries or transfers of shares or certificates of stock in any association, company, or corporation, whether made upon or shown by the books of the association, company, or corporation, or by any assignment in blank, or by any delivery, or by any paper or agreement or memorandum or other evidence of transfer or sale whether entitling the holder in any manner to the benefit of such stock, or to secure the future payment of money or for the future transfer of any stock, on each hundred dollars of face value or fraction thereof, two cents: Provided, That in case of sale where the evidence Proviso. of transfer is shown only by the books of the company the stamped where stamp shall be placed upon such books; and where thenetidenceof change of ownership is by transfer certificate the stamp shall be placed upon the certificate; and in cases of an agreement to sell or where the transfer is by delivery of the certificate assigned in blank there shall be made and delivered by the seller to the buyer a bill or memorandum of such sale, to which the stamp shall be affixed; and every bill or memorandum of sale or agreement to sell before mentioned shall show the date thereof, the name of the seller, the amount of the sale, and the matter or thing to which it refers. And any person or persons lia-penalty. ble to pay the tax as herein provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale, or who shall in pursuance of any such sale deliver any such stock, or evidence of the sale of any such stock or bill or memorandum thereof, as herein required, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than six months, or both, at the discretion of the court. "Two. Upon each sale, agreement of sale, or agreement mSa soragre to sell any products or merchandise at any exchange, or products at exboard of trade, or other similar place, either for present changes or or future delivery, for each one hundred dollars in value for future delivery, etc. of said sale or agreement of sale or agreement to sell, one cent, and for each additional one hundred dollars or fractional part thereof in excess of one hundred dollars, one cent: Provided, That on every sale or agreement of sale Provisos. 211

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212 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. or agreement to sell as aforesaid there shall be made and -memorandum delivered by the seller to the buyer a bill, memorandum, agreement, or other evidence of such sale, agreement of sale, or agreement to sell, to which there shall be affixed a lawful stamp or stamps in value equal to the amount of -form of. the tax on such sale. And every such bill, memorandum, or other evidence of sale or agreement to sell shall show the date thereof, the name of the seller, the amount of the sale, and the matter or thing to which it refers; and -penalty, etc. any person or persons liable to pay the tax as herein provided, or anyone who acts in the matter as agent or broker for such person or persons, who shall make any such sale or agreement of sale, or agreement to sell, or who shall, in pursuance of any such sale, agreement of sale, or agreement to sell, deliver any such products or merchandise without a bill, memorandum, or other evidence thereof as herein required, or who shall deliver such bill, memorandum, or other evidence of sale, or agreement to sell, without having the proper stamps affixed thereto, with intent to evade the foregoing provisions, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall pay a fine of not less than five hundred nor more than one thousand dollars, or be imprisoned not more than whenbinetc., six months, or both, at the discretion of the court: Proexempted from. tax. vided, That no bill, memorandum, agreement, or other evidence of such sale, or agreement of sale, or agreement to sell, in case of products or merchandise actually delivered to, and while in vessel, boat, or car, and actually in course of transportation, shall be subject to this tax, provided such bill, memorandum, agreement, or other evidence of such sale, or agreement of sale, or agreement to sell shall be accompanied by bills of lading or vouchers showing that the said products are actually in course of transportation as aforesaid. Sales without "Three. From and after the first day of April, nineteen actualpurchase, etc. hundred and one, every person, association, copartnership, or corporation who or which shall in his, its, or their own behalf, or as agent, engage in the business of making or offering to make contracts, agreements, trades, or transactions respecting the purchase or sale, or purchase and sale, of any grain, provisions, raw or unmanufactured cotton, stock, bonds, or other securities wherein both parties thereto, or such person, association, copartnership, or corporation above named, contemplate or intend that such contracts, agreements, trades, or transactions shall be or may be closed, adjusted, or settled according or with reference to the public market quotations of prices made on any board of trade or exchange upon which the commodities or securities referred to in said contracts, agreements, trades, or transactions are dealt in, and without a bona fide transaction on such board of trade or exchange, or wherein both parties, or such person, association, copartnership, or corporation above named, shall contemplate or intend that such contracts, agreements, trades, or transactions shall be or may be deemed closed or terminated when the public market quotations of prices

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. made on such board of trade or exchange for the articles or securities named in such contracts, agreements, trades, or transactions shall reach a certain figure, and every person, association, copartnership, and corporation who or which shall in his or its own behalf or as agent conduct what is commonly known as a "bucket shop" shall-bucket shops. pay a stamp tax of two cents on each one hundred dollars in value or fraction thereof, of the merchandise covered or pretended to be covered, and also a tax of two cents on each one hundred dollars on the face value or fraction thereof, of all stocks, bonds, or other securities covered or pretended to be covered by each and all of such contracts, agreements, trades, or transactions: Provided however, That the payment of any tax Payoint of imposed by this paragraph shall not be held or construed tax not to exto exempt any such person, association, copartnership, or nWfrostate corporation from any penalty or punishment provided by the laws of any State for carrying on such business, or the making of such contracts, agreements, trades, or transactions within such State, or in any manner to authorize the commencement or continuance of such business or the making of any such contracts, agreements, trades, ortransactions contrary to the laws of such State, or in any place prohibited by municipal law; and on or before the first day of April, nineteen hundred and one, every such person, association, copartnership, or corporation, as aforesaid, shall, for each office or place of business and for each branch office or place of business, wherever established, pay a special tax of twelve dollars and fifty cents, and on or before the first day of July, nineteen hundred and one, and annually thereafter, for every such office or branch office, a special tax of fifty dollars, and such taxes shall be in addition to all other special taxes imposed by this Act. Every person, association, copartnership, or corpotiRecord of noce required ration proposing to engage in or continue the business from such broaforesaid shall, before commencing such business, file with kers. the collector or proper deputy collector of the district in which it is proposed to carry on such business a notice in writing under oath, and in such form as the Commissioner of Internal Revenue may prescribe, stating the name of the person, association, copartnership, or corporation intending to engage in such business, the names of the members of any such association or copartnership, and the names of the officers of any such corporation, together with the residences of all the individuals whose names are thus required, and the place (including street number) where such business is to be carried on, and it shall be the duty of the collector of internal revenue to keep in his office a book in which shall be recorded a complete copy of all such notices, and such book shall be open to public inspection. Every person, association, copartnerbooks of ac. ship, or corporation conducting or transacting the business aforesaid shall keep or cause to be kept just and true books of account, wherein shall be plainly and legibly recorded on the day of the making of every such contract, agreement, trade, or transaction a complete and exact speci213

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214 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. fication thereof, including the date thereof, the other party thereto, and the quantity, price, and the gross amount in value of each article or commodity covered or pretended to be covered by each such contract, agreement, trade, or transaction, and such books shall at all reasonable times and hours be subject to the inspection of the collector, dep-inspectionof. uty collector, and the inspector of internal revenue or any duly authorized agent of the Internal Revenue Department, and every such person, association, copartnership, or corporation shall deliver to the other party to each such contract, agreement, trade, or transaction, at the time of making the same, a written memorandum also containing the complete and exact specification thereof, above referred to, to which the proper stamp shall be, before delivpenalty. ery, affixed. Every person, association, copartnership, or corporation who shall, in his or their own behalf, or as agent, engage in or continue in the business hereinbefore defined without having filed the notice herein required, or who shall fail or refuse to keep any such book or make any return, report, or affidavit required as aforesaid, or shall make ;t false, fraudulent, or partial return, report, or affidavit, or shall fail or refuse to deliver a written memorandum, as hereinbefore required, or shall in any other respect violate any of the provisions of this paragraph, shall, besides being liable for the amount of the tax or taxes herein prescribed, he deemed guilty of a misdemeanor, and upon conviction thereof shall, for each and every such offense, pay a fine of not less than five hundred nor more than five thousand dollars, or be imprisoned not less than three months nor more than two years, or both, in the discretion of the court. All provisions of law now in force relating to the collection, recovery, and enforcement of taxes, fines, and penalties imposed under the law concerning internal revenue and not inconsistent with the provisions of this paragraph shall extend and apply to the recovery and enforcement of the taxes, fines, and penalties imposed by this paragraph. Bius of ex"Four. Bill of exchange (inland), draft, or order for change the payment of any sum of money, otherwise than at sight or on demand, and for each renewal of the same, for a sum not exceeding one hundred dollars, two cents; and for each additional one hundred dollars or fractional part thereof in excess of one hundred dollars, two cents. Bills of ex"Five. Bill of exchange (foreign) or letter of credit iange (for(including orders by telegraph or otherwise for the payment of money issued by express or other companies or any person or persons), drawn in but payable out of the United States, if drawn singly or otherwise than in a set of three or more, according to the custom of merchants and bankers, shall pay for a sum not exceeding one hundred dollars, two cents, and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, two cents. If drawn in sets of two or more: For every bill of each set, where the sum made payable shall not exceed one hundred dollars, or the equivalent thereof, in any foreign currency in which such bill may be ex-

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LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. pressed, according to the standard of value fixed by the United States, one cent; and for each one hundred dollars or fractional part thereof in excess of one hundred dollars, one cent. Excepting that bills of exchange drawn against the value of products or merchandise actually exported to foreign countries shall not be subject to this tax, provided that such bills of exchange shall be accompanied by proper invoices, and receipts, bills of lading, or vouchers, showing that goods of a value at least equal to the amount for which said bill of exchange may be drawn shall have been exported. "Six. Freight: It shall be the duty of every railroad Freight. or steamboat company, carrier, or corporation, or person whose occupation is to act as such, except persons, companies, or corporations engaged in carrying on a local or other express business, to issue to the shipper or consignor, or his agent, or person from whom any goods are accepted for transportation, a bill of lading, manifest, or other evidence of receipt and forwarding for each shipment received for carriage and transportation, whether in bulk or in boxes, bales, packages, bundles, or not so inclosed or included; and there shall be duly attached and canceled, Stamp tax on as is in this Act provided, to each of said bills of lading, bill of lading. manifests, or other memorandum, and to each duplicate thereof, a stamp of the value of one cent: Provided, That Proviso. Bundles of but one bill of lading shall be required on bundles or packnewspapers. ages of newspapers when inclosed in one general bundle Penalty. at the time of shipment. Any failure to issue such bill of lading, manifest, or other memorandum, as herein provided, shall subject such railroad or steamboat company, carrier, or corporation, or person to a penalty of fifty dollars for each offense, and no such bill of lading, manifest, or other memorandum shall be used in evidence unless it shall be duly stamped as aforesaid. "Seven. Bond: Forindemnifyinganyperson orpersons, Bonds. firm,'or corporation who shall have become bound or engaged as surety for the payment of any sum of money, or for the due execution or performance of the duties of any office or position, and to account for money received by virtue thereof, fifty cents. "Eight. Certificate of profits, or any certificate or memCertificate of orandum showing an interest in the property or accumulaprofits, etc. tions of any association, company, or corporation, and on all transfers thereof, on each one hundred dollars of face value or fraction thereof, two cents. "Nine. Contract: Broker's note, or memorandum of Contract, sale of any goods or merchandise, stocks, bonds, exchange, notes of hand, real estate, or property of any kind or description issued by brokers, or persons acting as such, for each note or memorandum of sale, not otherwise provided for in this Act, ten cents. "Ten. Conveyance: Deed, instrument, or writing, Conveyance. whereby any lands, tenements, or other realty shall be sold, granted, assigned, transferred, or otherwise conveyed to or vested in the purchaser or purchasers, or any other person or p