'4 /i«ii j3r^ K^^ ni3 fyxmll Wimvmii^ Jilrt^g THE GIFT OF U.$a.9ajuu|pi;. oi Bo^AJMVTLSMifchB A.a.soo3;f 'S[j?jrj!j3 97 J4 Digitized by Microsoft® Date Due'^ An. ~ OCTl 3 l3 vs — ^^^ <3S:riS^ HF73 .us'Tgia""'""""' '■'""^ Department of commerce: olin 3 1924 030 145 548 Digitized by Microsoft® This book was digitized by Microsoft Corporation in cooperation witli Cornell University Libraries, 2007. You may use and print this copy in limited quantity for your personal purposes, but may not distribute or provide access to it (or modified or partial versions of it) for revenue-generating or other commercial purposes. Digitized by Microsoft® DEPA^TipNi- ^B!#'c. VAUGhAWi Clnet DEPAMseiT OE. s^^Ss l±.sX. CONDENSED HlStdRY, EtUTlESj ^EsC^P^iSSCTICAt OPERATION OF TH>^^^A^&^f ^S^B ITS SEVERAL. fepREAUS AND oMc^t^J^^KE^t ^i- WIT>I tAWS RELATING SPECffJC'#4»y|'HSftJBT0i^ jfk:&;u rs%:. //^, GOVERNMENT •HmX''^&^^^^ •> . 1913 ir?.fV-t'-: ^>^* i :.^A-i. Digitized by Micros^BS) '> Digitized by Microsoft® DEPARTMENT OF COMMERCE DIVISION OF PUBLICATIONS DAN C. VAUGHAN, Chief DEPARTMENT OF COMMERCE CONDENSED HISTORY, DUTIES, AND PRACTICAL OPERATION OF THE DEPARTMENT AND ITS SEVERAL BUREAUS AND OFFICES, TOGETHER WITH LAWS RELATING SPECIFICALLY THERETO JULY 1, 1913 1 WASHINGTON GOVERNMENT PRINTING OFFICE Digitized by Microsoft® Digitized by Microsoft® CONTENTS. Fage. Letter of transmittal 5 Origin and organization of the Department 7 Origin 7 Organization 14 Duties assigned to Office of the Secretary 16 Secretary of Commerce 16 Assistant Secretary 17 Solicitor 17 Chief Clerk 18 Disbursing Clerk 18 Appointment Division ^ 18 Division of Publications , 19 Division of Supplies 19 Law pertaining to the Department 20 Opinions of the Attorney Greneral 30 Bureau of the Census : 32 History, duties, and practical operation 32 Decennial census of population 35 Decennial census of agriculture 36 Census of manufactures 36 Annual inquiries 37 Law pertaining to the Bureau of the Census 39 United States Coast and Geodetic Siu^ey 64 History, duties, and practical operation 64 Keldwork .' 65 Office work 68 Law pertaining to the Coast and Geodetic Survey 70 Bureau of Corporations 75 History, duties, and practical operation 75 Law pertaining to the Bureau of Corporations 78 Bureau of Fisheries 80 History, duties, and practical operation , 80 Division of administration 81 Division of fish culture 82 Division of inquiry respecting food fishes 82 Division of statistics and methods of the fisheries 83 Division of Alaska fisheries 83 Law pertaining to the Bureau of Fisheries 85 Bureau of Foreign and Domestic Commerce Ill History ■• HI Bureau of Manufactures HI Bxu*eau of Statistics HI Bureau of Foreign ©^B^B^ebJ^ MC!Ra«i£>©^artment 112 3 4 CONTENTS. Bvueau of Foreign and Domestic Commerce — Continued. Page. Work of the Bureau 114 Consular reports 114 Commercial agents 114 Foreign tariffs 114 Commercial statistics 115 Specific opportunities to extend trade 116 Domestic trade development ,, 117 Law pertaining to the Bureau of Foreign and Domestic Commerce 118 Bureau of Lighthouses 127 History, duties, and practical operation 127 Law pertaining to the Bureau of Lighthouses and the Lighthouse Service. . 130 Bureau of Navigation 143 History, duties, and practical operation 143 Law pertaining to the Bureau of Navigation 146 Bureau of Standards 152 History, duties, and practical operation 152 Law pertaining to the Bureau of Standards. .' 159 Steamboat-Inspection Service 163 History, duties, and practical operation 163 Law pertaining to the Steamboat-Inspection Service 167 Digitized by Microsoft® LETTER OF TRANSMITTAL. Department of Commerce, Division of Publications, Washington, July 1,1913. Sir: In 1904 there was issued under the supervision of the Secre- tary a volume entitled "Organization and Law of the Department of Commerce and Labor." Since then there have been so many changes, both in the Department and in the laws governing it, that the publi- cation has, to a large extent, become obsolete. The Division of Pub- hcations has therefore undertaken to revise the work, and there is submitted herewith for publication a volume to be entitled "Depart- ment of Commerce: Condensed history, duties, and practical opera- tion of the Department and its several bureaus and oflB.ces, together with laws relating specifically thereto." This publication does not purport to contain laws which affect all of the executive departments alike, but only those which place duties or responsibilities on the Department of Commerce, or some one of its various units, or in some manner relate specially thereto. In this volume much of the material used in "Organization and Law" has been retained, though considerably revised, and in addition thereto there has been included a short description of the ordinary functions and practical operations of each of the several bureaus and offices of the Department. On the other hand, the extensive legislative his- tory, which forms a large part of the previous volume and which is of value from a historical standpoint only, has been omitted. Also, as the navigation laws are published quadrennially in a separate vol- ume, with supplements during intervening years, only so much of the laws applicable to the Bureau of Navigation as concerns its organ- ization and administration has been retained. The purpose of this work is to afford to officials of the Government and others interested concise information relative to the laws govern- ing and conduct of the Department. An attempt has therefore been made to give the greatest range of information consistent with the limits to which the volume must necessarily be confined. I desire to acknowledge the assistance of Mr. D. J. Richardson, of the Office of the Solicitor, in arranging and compiling the laws relating to the several bureaus and offices. Very respectfully, Dan C. Vaughan, Chief, Division of Publications. To Hon. William C. Redfield, Secretary of Commerce. Digitized by Microsoft® ^ Digitized by Microsoft® THE DEPARTMENT OF COMMERCE. ORIGIN AND ORGANIZATION OF THE DEPARTMENT. ORIGIN. The preamble to the Constitution lays down broadly two great aims of government — (1) the defense of the life, liberty, and property of the citizen, and (2) the promotion of his general welfare. In the year following the adoption of the Constitution, three of the executive branches of Government, with Secretaries, were estab- lished: First, the Department of Foreign AflPairs, by act approved July 27, 1789 (name changed to Department of State by act ap- proved September 15, of the same year) ; second, the War Depart- ment, created by the act of August 7, 1789 (then embracing naval affairs) ; and third, the Treasury Department, established by act of September 2, 1789. Until the Department of Commerce (and Labor) was organized, in 1903, the Treasury Department was the principal agency of government through which a limited supervision of the com- mercial and industrial life of the nation was administered, and the designation sought to be given its chief officer in the constitutional convention was that of "Secretary of Commerce and Finance." ^ The record of events from the close of the Revolution to the con- stitutional convention at Philadelphia in 1787 shows that the desire to foster the commerce and trade of the States was the paramount and controlling argument which made the Union possible. The constitutional convention of the thirteen States was the direct outcome of the Annapolis convention of five States, and this conven- tion, in turn, was born of the Mount Vernon convention of delegates from the States of Virginia and Maryland, assembled to adjust and promote commerce and trade between those two States. The com- missioners from Virginia and Maryland met at Alexandria, in the former State, in the spring of 1785, but General Washington extended to them the hospitality of his home, which they accepted, and the delegates — aU prominent men of their day, and friends of Washing- ton — conducted their deliberations at Mount Vernon, aided, no doubt, by the counsel of their host, whose interest in and knowledge of the subject under discussion had long been manifest, and who, two years later, presided at the constitutional convention at Philadelphia. The sole subject of this meetmg at the home of Washington was the ' Wgit^&eif^Wof&96ff®' Itution. 8 D^PAKTMENT OF COMMEBCE. commerce and trade between the two States; but in reality these men were enacting the prologue to what was to be in fact an indissoluble Union. * The Mount Vernon convention recommended that representatives be appointed annually to confer on the commercial ^nd trade rela- tions of the States. In considering this report, Maryland passed a resolution inviting Pennsylvania and Delaware to join in these annual conventions ; while in the Virginia assembly, Madison penned a reso- lution appointing commissioners to meet such as should be, delegated by the other States "to take into consideration the trade of the United States," and "to consider how far a uniform system in their com- mercial regulations may be necessary to their common interest and permanent harmony." ' The immediate result of the conference on trade and commerce held at Mount Vernon was that in the following year, 1786, commissioners from five of the thirteen States assembled by appointment at Aimap- oUs "to take into consideration the trade and commerce of the United States." In this convention, Hamilton drew up an address, which Madison and Randolph signed with him, recommending a .general meeting of the States in a future convention, and an extension of the powers of their delegates to other objects than those of com- merce, as in the course of their reflections on the subject they had been "induced to think that the power to regulate Trade is of such comprehensive extent and will enter so far into the General System of the Foederal Government, that to give it efficacy, and to obviate questions and doubts concerning its precise nature and limits, may require a con-espondent adjustment of other Parts of the Foederal System." => In the constitutional convention, August 20, 1787, Mr. Gouverneur Moriis, seconded by Mr. Pinckney, submitted a proposal that there should be a councU of state to ' ' assist the President in conducting the public affairs," the third member of this councU to be a "Secretary of Commerce and Finance," whose duties were, ia part, to "recommend such things as may in his judgment promote the commercial interests of the United States." This plan also provided for a Secretary of Domestic Affairs to have supervision of agriculture, manufactures, roads, and navigation.^ The Constitution, as adopted, makes no provision for a cabinet or council of state, but President Washington immediately invited the Secretaries of the three departments first mentioned, and the Attorney General, appointed under the act of September 24, 1789, to become members of his official family. The Department of Justice was established by the act approved June 22, 1870. . 1 Feim^f@li(Zfi£4^^e/b?^GSt5pM>Blagraph7. ' Documentary History of the Constitution. ORIGIN AND ORGANIZATION. 9 During the period between the close of the Federal convention and the ratification of the Constitution, Alexander Hamilton, writing on the subject of commerce, said: The importance of the Union, in a commercial light, is one of those points about which there is least room to entertain a difference of opinion, and which has, in fact commanded the most general assent of men who have any acquaintance with the subject. This applies as well to our intercourse with foreign coimtries as with each other.' In 1788, the same year in which the above was written by Hamilton, Commodore John Paul Jones, in a letter to the Marquise de Lafayette concerning the Constitution, stated : Had I the power I would create at least seven ministries in the primary organization of government under the Constitution. In addition to the four already agreed upon, I would ordain a Ministry of Marine, a Ministry of Home Affairs, and a General Post OflBce; and, as commerce must be our great reliance, it would not be amiss to create also as the eightha Ministry of Commerce.^ The remarkable foresight of the great commodore enabled him to name the Cabinet very much as it is to-day, practically in the order in which it grew, agriculture being included by him in the Interior (Home) Department, where it actually was for a time. The labor interests, however, which have grown rapidly in importance in recent decades, are now also provided for in a separate department. When the Constitution had been ratified by eleven States, and the Congress, under its authority to "regulate commerce with foreign nations and among the several States," proceeded solemnly to treat the coromerce and manufactures of the two remaining States in the same maimer as those of any foreign country, it was from a senSe of their commercial interests that they hastened to enroll themselves with their sister Commonwealths, although one of these two States had not even participated in the convention. Thus, not only were the commercial and industrial interests of the States an important and controlling influence in bringing them into the Federal convention, but a realization of the commercial advan- tages of the Union induced the States to ratify the Constitution. In his first annual address to Congress, President Washington said : The advancement of agriculture, commerce, and manufactures by all proper means will not, I trust, need recommendation. The first Secretary of the Treasury, Alexander Hamilton, gave special consideration to the commerce and industries of the country, and his special reports on these subjects, in which he recommended that a board be estabUshed for promoting arts, agriculture, manu- factures, and commerce, demonstrate that he considered this function of the Treasury Department one of primary importance. I Federalist. ^^JgKBSSftiflJfcii^efflaflfSaa/ Congressional Library. 10 DEPARTMENT OF COMMEBCB. Hastened by impending war with France, the act of April 30, 1798, was passed, establishing the Navy Department, and its Secretary became the fifth member of the Cabinet. In 1829 the Postmaster General entered the Cabinet for the first time, on the invitation of President Jackson, though this office had been in existence since the act of September 22, 1789. The General Post Office was constituted the Post Office Department by the act approved June 8, 1872. The discussions in the early Congresses looking toward the estab- lishment of another executive department centered around what was termed a "Home Department," and the then important work of gov- ernment in connection with land and Indian affairs formed the nucleus from which was estabhshed, under the act of March 3, 1849, the Department of the Interior, whose Secretary became the seventh Cabinet member. As the biisiness interests of the country entered largely into the provisions of the various measures anticipating the Interior Department, it may be well to notice some of these reports. In a bin to establish a Home Department, introduced by Repre- sentative Vining, of Delaware, in the First Congress, July 23, 1789, the duties of the proposed department were, in part, "to report to the President plans for the protection and improvement of manuf actm-es, agriculture, and commerce." The outcome of this movement was the change in name of Department of Foreign Affairs to Department of State, above noted, and the giving of duties to the State Department not comportable with the original name. President Madison's message of December 3, 1816, recommended the estabhshment of "an additional department in the executive branch of the Government"; and the Senate committee to which this recommendation was referred reported a biU to establish a Home Department to have charge of such subjects as the President might direct. In 1825 the subject was again revived, and Representative Newton offered a resolution that a department to be denominated "the Home Department should be established for the purpose of superin- tending whatever may relate to the interests of agriculture and manu- factures, the promotion of the progress of science and the arts, the intercourse and trade between the several States by roads and canals." This resolution was not agreed to. In his message of December 6, 1825, President John Quincy Adams recommended a reorganization of the executive departments, and the committee of the House of Representatives to which this matter was referred, by its chairman, Daniel Webster, reported a bill to establish a new department. The report stated that "at the organization of the Government it appears to have been the original design, in regard to the executive departments, that there should be a distinct and separate department fev^gbd]|i^Wftt'©fc^iP®iestic affairs as aopertain to the General Government." OBIGIH" AND OEGANIZATION. H On December 15, 1836, the resolution of Mr. Benton, of Missouri, that "the annual statement of the commerce and navigation of the United States be hereafter printed under the direction of the Secretary . of the Treasury, and be commimicated in printed form as soon as pos- sible after the commencing of each stated session of Congress," was adopted by the Senate. Notwithstanding the discussions leading up to the establishment of the Department of the Interior, very few of the commercial and industrial agencies of Government were put under the control of that department, most of them remaining under the jurisdiction of the Secretary of the Treasury. The movement for the creation of an additional executive depart- ment, following the establishment of the Interior Department, took many and varied phases. The names proposed in the different bills to establish a new department indicate their provisions. These names included the following titles, grouped together in various ways: Agri- culture, Commerce, Labor, Industries, Manufactures, Patents, Min- ing, Navigation, Transportation, and Mechanics. The first industries of the country to be accorded an executive department by the Congress were those of agriculture, when the De- partment of Agriculture, established by act of May 15, 1862, was con- stituted an executive department, with a Secretary of Agriculture (eighth member of the Cabinet), by the act of February 9, 1889. The commercial and manufacturing interests of the country, as far as governmental supervision and cooperation were concerned, were left to ofiices distributed among the several departments. The business of government increased in volume as the country grew in age, and during the last haK of the nineteenth century the work of the fiscal branch of the Treasury so absorbed the attention of the head of that department that his supervision of commercial matters had lost the importance it had enjoyed under the first Secretary of the Treasury. Cormnercial conventions at Detroit in 1865, and at Boston in 1868, and the National Board of Trade in 1874, memorialized the Congress for the establishment of a Department of Commerce, in order that the rapidly increasing volume of capital invested in commerce and manu- factures might be the subject of governmental aid and supervision. Many similar petitions were later presented to the Congress, and the subject was referred to in several political platforms and annual mes- sages of the President. These petitions, and the representatives of commercial organizations before the committees of Congress, stated that the United States was a distinctly ' commercial and indtistrial nation; that the TweKth Census showed the aggregate value of the products of the manufacturing establishments of the United States, during the census year^M^<|^une^y{;^90p^^o exceed thirteen billion dollars, which is probabfy nearly four tmaes the aggregate value of ^ 12 DEPAKTMENT OP COMMEKCE. all the products of agriculture during the same year; that the same arguments advanced for the creation of the Department of Agricul- ture were applicable to one for the commercial and industrial life of the country; that the manufacturing interests in the United States exceeded in volume and importance the industrial interests of any nation in the world, and yet there was no Government office specially charged with any duties relating directly to them, and that in this respect the United States was almost alone among the nations of the world; that agriculture, labor, transportation, mining, fisheries, and forestry all had distinct recognition in one form or another, but not so with the manufactm-ing interests. The country's need for a Department of Commerce, which had become national in scope in 1874, was forced to give way temporarily in order that all the energy of the commerce committees of Congress might be centered upon the eradication of the transportation evil of rebates. This resulted in the establishment of the Interstate Com- merce Conmiission in 1887. The movement for the establishment of the Department gathered headway, however, and in the Fifty-seventh Congress legislation pro- viding for its organization was enacted. The legislative history of the act creating the Department appears in the Congressional Record for that Congress, and, while interesting, is too extended for more than the briefest outline here. On December 4, 1901, Senator Nelson introduced in the Senate a bill (S. 569) "To establish the Department of Commerce," which was read twice and referred to the Committee on Commerce; on January 9, 1902, the bill was reported with certain amendments (S. Rept. No. 82, 57th Cong., 1st sess.). The discussion on the bill began in the Senate on January 13, was continued on January 16, 20, 22, 23, 27, and 28, and the biU passed the Senate with a number of amend- ments, including one changing the name to "Department of Commerce and Labor," on the last-named date. The act was received in the House and referred to the Committee on Interstate and Foreign Commerce on January 30, 1902. On Janu- ary 6, 1903, the committee submitted a report (H. Rept. No. 2970, 57th Cong., 2d sess.) recommending that the bill of the Senate (S. 569) be amended by striking out all after the enacting clause and substi- tuting in lieu thereof an entirely new bill. The House bill, however, embraced most of the features contained in the Senate biU, the main contention being as to what bureaus should be embraced in the new Department. On January 15, 1903, the bill was taken up under a special con- tinuing order to be considered until finally disposed of in Committee of. the Whole House om^keMs' MctdmsdMon. On January 17 the debate was concluded in the House and the biU was passed. ORIGIN AND ORGANIZATION. 13 The bill was in due course sent to a committee of conference. (For Senate proceedings see Congressional Kecord of January 19 and 29, and February 10 and 11, 1903, and for House proceedings see Recsord of January 29 and February 9 and 10, 1903.) The conference report was agreed to in the House on February 10 and in the Senate on February 11, and the biU was signed by the President on February 14, 1903. Thus the Secretary of Conunerce and Labor became the ninth member of the President's Cabinet. The labor interests first received recognition in the estabhshment of the Biu-eau of Labor imder the act of Congress approved June 27, 1884 ; this Bureau was constituted the Department of Labor, and the Commissioner of Labor was continued in charge, by the act of Con- gress approved June 13, 1888. By the act of February 14, 1903, the Department of Labor was on July 1, 1903, transferrred to the Department of Commerce and Labor, and made a bureau thereof. By the act of March 4, 1913, the name of the Bureau was changed to "Bureau of Labor Statistics," and by the same act it was transferred to and made a part of the new Department of Labor, the head of which became the tenth member of the President's Cabinet. The act of March 4, 1913, transferred also from the Department of Commerce and Labor to the Department of Labor the Commissioner General of Immigration, the commissioners of immigration, the Bureau of Immi- gration and Naturalization, the Division of Information, the Division of Naturalization, the Immigration Service at Large, and the Chil- dren's Bureau. Also the Division of Naturahzation was created an independent bureau, and the title of the head thereof was changed from Chief, Division of Naturalization, to "Commissioner of Naturah- zation." The act of March 4, 1913, also changed the designation of the Department of Commerce and Labor to "Department of Com- merce," and the title of the Secretary was changed to "Secretary of Commerce." It may appear strange that one hundred and fourteen years elapsed before a Department of Commerce became a reaUty, when its need was felt and its value recognized at the very beginning. The answer is ready. Conservative action on the important subject of increasing the number of executive departments has been the rule of the Con- gress. The name "Department of Foreign Affairs" was changed to "Department of State" in order that the field of that department might be enlarged and the creation of a home department avoided; the naval affairs were consolidated with those of the Army to make unnecessary a separate Department of the Navy. In this grouping in one department of gjg]^gg/ ^^fi/lJSf&^4t^^^^^y ^^"^ ^^^' ^* ^^ but natural that commerce and finance should at first abide together. 14 DEPAETMENT OF COMMERCE. The tendency of the national legislature to follow and not lead in enlarging the executive side of government compelled the Depart- ment of Commerce to wait, as each of the older departments in its turn had waited, until the demand for the legislation became para^ mount and unanimous, and until the field of its activity was already so large and the appeal so urgent that none but an affirmative answer could be given. ORGANIZATION. The initial step in the organization of the Department was the appointment, by the President, of George B. Cortelyou as the first Secretary on February 16, 1903; the nomination was confirmed by the Senate on the same day, and the Secretary, after taking the oath of office on the 18th, established temporary headquarters at the White House. The temporary headquarters were later moved to the building known as the Builders' Exchange, at 719-721 Thirteenth Street NW., where, in a large room divided by partitions, the work of organization was begun on March 16, 1903, though a Commissioner of Corpora- tions, Chief Clerk, and Disbursing Clerk had been appointed prior to that date. A few weeks later the WiUard Building, which was then under construction at 513-515 Fourteenth Street NW., was rented by the Department, and the Secretary, with as much of his force as was organized, moved in as soon as the building was completed. This building has ever since been the headquarters of the Depart- ment, though such of its bureaus as it has been impracticable to accommodate there have been located about the city wherever suitable quarters could be found. The Department has, however, entered into a lease for a building which was designed especially for its needs and is now being erected at Nineteenth Street and Penn- sylvania Avenue NW., where it will probably be located until its proposed new building is erected by the Government on the site which has already been acquired south of Pennsylvania Avenue between Fourteenth and Fifteenth Streets NW. On the morning of June 17, 1903, under the auspices of the Grand Army of the Eepublic, the Nation's flag was raised for the first time over the new Department, and its headquarters was formally placed in commission. The entire personnel of the Department assembled at the flagstaff on the roof with a committee of the Grand Army of the Republic to witness the ceremony. Brief addresses were made by Judge I. G. Kimball, department commander. Grand Army of the Republic, and Secretary Cortelyou. The law creating the Department transferred to it on July 1, 1903, certain departmei^ts and bureaus which had theretofore been inde- pendent offices or un^jgitjJBedo&ii^^icmswI^e departments, and this important date in the life of the new Department was marked by OEIGIN AND OBGANIZATION. 15 the assembling in the office of the Secretary of its general officers and a number of distinguished guests. The speakers on this occa- sion were Rev. Franklin Noble; Rev. D. J. Stafford; Secretary Moody, of the Navy Department; S. N. D. North, Director of the Census; and H. B. F. Macfarland, Commissioner of the District of Columbia. Secretary Cortelyou made an address ia which he recounted the work of preliminary organization, and spoke of the great opportu- nities before the Department in aiding and guiding the commerce and industries of the country and of the principles upon which the Department would administer the laws defining its powers. In closing, he said: No other department has a wider field, if the just expectations of the framers of the legislation are realized. None will have closer relations with the people or greater opportunities for effective work. While we can not dedicate a new and imposing structure to the uses of the Department, we can at least, and I am sure we all do, dedicate ourselves to the work which Chief Executives have recommended and Con- gress in its wisdom has set apart to be done. In this spirit I have thought it altogether fitting and proper that we should have these brief exercises, and that in them we should emphasize the fact that if we are to have the highest success as a nation in our commercial and industrial relations, whether among ourselves or with other peoples, we must keep ever to the front and doiainant always those sturdy elements of charac- ter and the dependence upon Divine guidance which were so signally shown by the founders of the Republic, and to which we can not too often revert in these busy and prosperous times which make memorable for us the opening years of the new century. The Department of Commerce, as at present constituted, in addi- tion to the offices and divisions in the immediate Office of the Secre- tary, consists of the Bureau of the Census, the Coast and Geodetic Survey, the Bureau of Corporations, the Bureau of Fisheries (to which the administration of laws and regulations governing Alaskan fur-seal and salmon fisheries and fur-bearing animals has been assigned), the Bureau of Foreign and Domestic Commerce (which has among its duties the direction of the work of commercial agents at home and abroad), the Bureau of Lighthouses and the Lighthouse Service, the Bureau of Navigation (under which are the Shipping and Radio Services), the Bureau of Standards, and the Steamboat- Inspection Service. Most of these bureaus and services were transferred to the Depart- ment on July 1, 1903, by the act of February 14, 1903, known as the organic act. TTie Coast and Geodetic Survey, the Bureaus of Light- houses (formerly the Lighthouse Board), Navigation, and Standards, and the Steamboat-Inspection Service were previously under the Treasury Department and the Bureau of the Census was in the Interior Department, while prior to July 1, 1903, the Bureau of Fisheries was an independent office (not assigned to any depart- ment). The Alaskan fur-seal fisheries also were formerly in the Treasury DepartmentP'S^'zecf by Microsoft® 16 DBPAKTMENT OP COMMERCE. The Bureau of Corporations was created by the Department's organic act. The Bureau of Foreign ap,d Domestic Commerce is a consolidation (effected by the legislative, executive, and judicial appropriation^ act of August 2.3, 1912) of the former Bureaus of Manufactures and Statistics, the first of which was created by the act of February 14, 1903, and the second was transferred to the Department by the same act, being a consolidation of the Bureau of Statistics of the Treasury Department and the Bureau of Foreign Commerce of the State Department. A short history and description of the work of each of these several bureaus appears under its respective heading. DUTIES ASSIGNED TO OFFICE OF THE SECRETARY. The duties of the Office of the Secretary of Commerce are largely > of a supervisory nature, but embrace also some matters not properly coming directly under one of the several bureaus of the Depart- ment. The organization consists of the offices of the Secretary, Assistant Secretary, Sohcitor, and Chief Clerk, the Disburstag Office, the Appointment Division, and the Divisions of Publications and Supplies. Each of these units has assigned to it certain well-defined duties, as indicated under the headings which follow. SECEETAEY OF COMMERCE. The organic act of February 14, 1903, creating the Department, as modified by the act of March 4, 1913, creating the Department of Labor, provides for a Secretary of Commerce, whose term of office shall be the same as that of other Cabinet officers. The provisions of Title IV of the Revised Statutes with amendments thereto are made applicable to this Department. The organic act also provides for an Assistant Secretary, a Chief Clerk, and a Disbursing Clerk. Under its organic act, it is the duty of the Department to foster, promote, and develop the foreign and domestic commerce, the mining, manufacturing, shipping, and fishery industries, and the transporta-- tion facilities of the United States, and the Secretary of Commerce is charged with the responsibility of carrying out the purpose of the Department as thus broadly outhned. Specifically, however, the powers and duties of the Secretary may be briefly summarized as follows : The investigation of management of corporations (except railroads) engaged in interstate commerce. The administration of the Lighthouse Service, including the estab- lishment and maintenance of aids to navigation. The talring of the c^^^^ ^ Microsoft® Ihe making of coast and geodetic surveys. OFFICE OF THE SECBETARY. 17 The collection and publication of statistics on foreign ^nd domestic commerce, and the investigation of markets for American products. The inspection of steamboats and the enforcement of laws pertain- ing thereto for the protection of Hfe and property. The propagation and distribution of useful food fishes and the supervising of Alaskan fur-seal and salmon fisheries. Jurisdiction over merchant vessels, including their registry, meas- urement, licensing, entry, clearance, etc., and the enforcement of the act requiring wireless equipment on vessels. The standardization of weights and measures. The formulation of regulations (in conjunction with the Secretaries of the Treasury and Agriculture) for the enforcement of the food and drugs act and the insecticide act. It is the further duty of the Secretary of Commerce to make such special investigations and furnish such information to the President or CoE^ess as may be required by them on the foregoing subject matters and to make annual reports to Congress upon the work of his Department. By the act of March 2, 1907, the Secretary of Commerce is created a trustee of the Foundation for the Promotion of Industrial Peace. ASSISTANT SECRETARY. The Assistant Secretary performs such duties as are prescribed by the Secretary, and in his absence acts as head of the Department. SOLICITOR. The office of the Solicitor of the Department of Commerce was authorized by the legislative act of March 18, 1904. The Solicitor, who is an officer of the Department of Justice, is the chief law officer of the Department. His duties are to act as legal adviser to the Secretary of Commerce and the chiefs of the various bureaus, and to render opinions on questions of law arising in the course of business in the Department. He prepares and examines all con- tracts and bonds entered into or required by the Department, and has charge of the preparation of all legal papers to which the Depart- ment is a party. He also renders such legal service in connection with matters arising in the administrative work as may be required of him by the Secretary or the Attorney General. The Assistant Solicitor, who acts as Solicitor in the absence of the latter, is charged with the general superintendence of the clerical force of the office. He also has general charge of the preparation and examination of all legal papers of the Department, and performs other lezal service in connection with the work of the office. „ ,„ „ Digitized by Microsoft® 76224°— 13 2 ^ ' 18 DEPARTMENT OF COMMJiiKUJ!;. CHIEF CLEKK. The Chief Clerk enforces the general regulations of the Department and exercises general supervision over its employees. He superin- tends all the Department's buildings in the District of Columbia; supervises all expenditures from the appropriations for contingent expenses and rent; receives, distributes, and transmits the mail; and has general charge of the telegraph and telephones, and of all property and equipment. He also discharges all business of a miscellaneous character which does not come specifically within the scope of one of the regular biu-eaus. DISBURSING CLERK. The Disbursing Clerk, whose office was created by the act establish- ing the Department, has general supervision of the financial transac- tions of the Department. In his oflSce are kept the appropriation ledgers covering all appropriations made for the support of the Department, and all transactions, whether by the Treasury Depart- ment or any bureau or office of the Department, affecting those appro- priations are recorded therein. It is his duty to prepare for submission to the Secretary of the Treasury, to be forwarded to Congress in accordance with law, all estimates covering appropriations desired for the various activities of the Department. He disburses all appropriations made for the support of the Depart- ment with the exception of those for the support of the Coast and Geodetic Survey and most of the appropriations for the Lighthouse Service at large, which are disbursed by special disbursing agents appointed for that purpose. He prepares for the signature of the Secretary all requisitions for advances of funds from appropriations under the control of the Department, and makes the proper entries in the appropriation rec- ords of the Department kept in his office. All claims against the Department received for payment by the Disbursing Clerk are given an examination to determine whether they are legal claims against the Government and are paid either by check or by cash, according to the nature of the account. The collections by the Department covering Amounts for property sold and various other miscellaneous receipts are handled through and accounted for in the office of the Disbursing Clerk. APPOINTMENT DIVISION. The Appointment Division was organized in February, 1904. Previous to that time the appointment work had been conducted by the Disbursmg (H^Bfeecfla)6MJ(ffi®iOig© Chief of Division was 'created by the act making appropriations for the legislative, execu- OFFICE OF THE SECKETABY. 19 tive, and judicial expenses of the Government for the fiscal year ended June 30, 1907, and the position has since been included in the annual appropriation acts. The duties of the Appointment Division involve the supervision of matters relating to appointments, transfers, promotions, reduc- tions, removals, and all other changes in the personnel, including applications for positions and recommendations concerning the same, and the correspondence connected therewith; the prepara- tion and submission to the Secretary of all questions affecting the personnel of the Department in its relations to the civil- service law and rules; the preparation of nominations sent, to the Senate and of commissions and appointments of all officers and employees of the Department; the preparation of official bonds; the compilation of statistics in regard to the personnel, including material for the Official Register, and the custody of oaths of office, records pertaining to official bonds, service records of officers and employees, correspondence and reports relating to the personnel, reports of bureau officers respecting the efficiency of employees, and records relating to leaves of absence. DIVISION OF PUBLICATIONS. The preliminary work looking to the organization of the Division of Publications was begun in April, 1903, by the detail of a clerk from the then Bureau of Statistics, one of the bureaus transferred to the new Department by the act of February 14, 1903, though the Divi- sion was not formally organized until July 1, 1903. The purpose in creating a division of pubHcatiohs was to have ia one central office complete control over the Department's publication work and over all expenditures for the same, in order to secure uni- formity and effect economy. The Division is charged with the conduct of the business which the Department transacts with the Government Printing Office, and with general supervision over aU printing for the Department, including editing and preparing copy, illustrating and binding, and keeping records of expenditures. It has in charge the distribution of pubHcations and the mainte- nance of the mailing lists. Blank books, blank forms, and printed stationery of all kinds used by the several services of the Depart- ment are kept in stock and supplied by it on requisition. It also has charge of the advertising done by the Department. DIVISION OF SUPPLIES. The Division of Supplies is charged, under the immediate direction of the Chief Clerk, with the purchase and distribution of all supplies for the use of the DepSjtofg^jjy'^Sfte}^^, except certain supplies for the Coast and Geodetic Survey andthe Bureau of Standards. It 20 DEPAETMENT OF COMMEBUE. also purchases and distributes such supplies for the field services as are purchased from contractors under the general supply schedule. All accounts under the appropriations for contingent expenses and rent are maintained in this Division. The Chief of the Division of Supplies, by virtue of an order of the Secretary, is Auditor of Property Returns. All property records are maintained in his office, as are also the records of all sales of property belonging to the Department within the District of Columbia. The Division prepares annually a compilation of the estimated require- ments of the bureaus for the guidance of the General Supply Com- mittee in making contracts for supplies. The annual contracts made by the Department for the hauling of ashes and rubbish, the launder- ing of towels, the shoeing of horses, and the sale of waste paper are handled in the Division. Secretaries of Commerce,^ with dates of service. Name. George B, Cortelyou. Victor H. MetcaU Oscar S. Straus Charles Nagel William C. Redfleld. From- Feb. 18,1903 July 1, 1904 Deo. 17,1906 Mar. 6, 1909 Mar. 5, 1913 To- June 30,1904 Deo. 16,1906 Mar. S,1909 Mar. 4,1913 Stat > The title ol the Secretary was "Secretary of Commerce and Labor" prior to the approval of the act of March 4, 1913, to create the Department of Labor. LAW PERTAINING TO THE DEPARTMENT. [As modified by act of March 4, 1913, to create the Department of Labor.] ArtTsi^V""' The Congress shall have Power To * * * regulate Com- merce with Foreign Nations, and among the several States. commCToe!"^'^ °' There shall be at the seat of government an executive Feb. li, 1903 (32 department to be known as the Department of Commerce, ,816), sec. 1. ^^^ ^ Secretary of Commerce, who shall be the head thereof, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall receive a salary of eight thousand dollars ^ per annum, and whose term and tenure of office shall be like that of uiS^lSlnded***" *^® heads of the other Executive Departments; and sec- tion one hundred and fifty-eight of the Revised Statutes is hereby amended to include such Department, and the provisions of title four of the Revised Statutes,^ including all amendments thereto, are hereby made applicable to ^*'- said Department. The said Secretary shaU cause a seal of office to be made for the said Department of such device as the President shall approve, and judicial notice shall be taken of the said seal. re^'°*of c^- There shall be in said Department an Assistant Secre- ™/6w' see B *^^ ^^ Commercc, to be appointed by the President, > Increased to iQABf/toeCi ci Je'r. uivy li, Jfl® ' Title IV InoluOes^ection 168 and contains the provisions of law governing executive departments. OFFICE OF THE SECBETABY, 21 who shall receive a salary of five thousand dollars a year. He shall perform such duties as shall be prescribed by the Secretary or required by law. There shall also cierks. be one chief clerk and a disbursing clerk and such other clerical assistants as may from time to time be author- ized by Congress ; ^ and the Auditor for the State and other oounte '"^ "' ^ Depa,rtments shall receive and examine all accounts of""™ ' salaries and incidental expenses of the oflBce of the Sec- retary of Commerce, and of all bureaus and oflices under his (Erection, aU accounts relating to the Light-House Board,^ Steamboat - Inspection Service, Navigation, Alaskan fur-seal fisheries, the National Bureau of Stand- ards, Coast and Geodetic Survey, Census, Fish Commis- sion and to all other business within the jurisdiction of the Department of Commerce, and certify the balances arising thereon to the Division of Bookkeeping and War- rants and send forthwith a copy of each certificate to the Secretary of Commerce. It shall be the province and duty of said Department j)i™^^^f*^° to foster, promote, and develop the foreign and domestic ffi-.T^s. commerce, the mining, manufacturing, shipping, and fishery industries, the labor interests,^ and the transporta- tion facilities oi the United States; and to this end it ^J^^^'^"^'"*''"' shall be vested with jurisdiction and control of the depart- "^ ments, bureaus, ofiices, and branches of the public service hereinafter specified, and with such other powers and duties as may be prescribed by law. All unexpended unexpended appropriations, which shall be available at the time when *^p"p"* '°'^- this Act takes effect, in relation to the various offices, bureaus, divisions, and other branches of the public serv- . ice, which shall, by this Act, be transferred to or included in the Department of Commerce, or which may here- after, in accordance with the provisions of this Act, be so transferred, shall become available, from the time of such transfer, for expenditure in and by the Depart- ment of Commerce and shall be treated the same as though said branches of the public service had been directly named in the laws making said appropria- tions as parts of the Department of Commerce, under the direction of the Secretary of said Department. The following-named offices, bureaus, divisions, and j^Bureaus^tans- branches of the public service, now and heretofore under ment. " ''^^ the jurisdiction of the Department of the Treasury, and ^'"^■''^■■^^ all that pertains to the same, known as the Light-House Board,^ the Light-House Establishment,^ the Steamboat- 1 A Solicitor of the Department of Commerce, in the Department of Justice, is author- ized by a provision of the act of March 18, 1904, and an assistant solicitor by the act of March 4, 1911. The personnel of the Secretary's ofSce is provided for aimaally in the appropriation acts. 2 A Bureau of Lighthouses was established in the Department by act of June 17, 1910, and the powers and duties of the Lighthouse Board and the Lighthouse Estab- lishment were transferred to said Bureau. ' As the purpose of the Department of Labor, created by the act of March 4, 1913, is "to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable em- ployment," so much of this section a= provides that it shall be the Biayince and duty of the Department of Commerce to tosfj:, ijrrii-jt3, !»r.d I'.ji'rfdijaejlfflor interests of the United States appears to have been superseded by that act. 22 DEPABTMENT OF COMMBBCE. Inspection Service, the Bureau of Navigation, the United States Shipping Commissioners, the National Bureau of Standards, the Coast and Geodetic Survey, and the Bureau of Statistics * be, and the same hereby are, transferred from the JDepartment of the Treasury to the Department of Commerce, and the same shall hereafter remain under the jurisdiction and supervision of the last-named Department; and that the Census Office, and all that pertains to the same, be, and the same hereby is, transferred from the Department of the Interior to the Department of Commerce, to remam henceforth under the jurisdiction of the latter; that the Fish Commission, and the Office of Commissioner of Fish and Fisheries, and all that pertains to the same, be, and the same hereby are, placed under the jurisdiction and made a part of the Department of Commerce; that Bureau of For- the BuTcau of Forcigu Commerce, now in the Depart- clSoiiSfwISment of State, be, and the same hereby is transferred Bureau of statis-^Q Q^^ Department of Commerce and consolidated with *"'^' and made a part of the Bureau of Statistics, hereinbefore transferred from the Department of the Treasury to the Department of Commerce, and the two shall constitute one bureau, to be called the Bureau of Statistics,' with a chief of the bureau; and that the Secretary of. Com- merce shall have control of the work of gathering and distributing statistical information naturally relating statistical work to the subjccts confidcd to hJs Department; and the undersecretary. Sggpgtary of Commerce is hereby given the power and authority to rearrange the statistical work of the bureaus and offices confided to said Department, and to con- solidate any of the statistical bureaus and offices trans- ferred to said Department; and said Secretary shall also have authority to call upon other Departments of the Government for statistical data and results obtained by them; and said Secretary of Commerce may collate, arrange, and publish such statistical information so obtained in such manner as to him may seem wise, fu^tare ^t^'^^' The official records and papers now on file in and per- taining exclusively to the business of any bureau, ofnoe, department, or branch of the public service in this Act transferred to the Department of Commerce, together with the furniture now in use in such bureau, office, de- partment, or branch of the public service, shall be, and hereby are, transferred to the Department of Commerce.^ 1 By act of August 23, 1912, tlie Bureau of Manufactures and the Bureau of Statistics were consolidated into one bureau, to be known as the " Bureau of Foreign and Domes- tic Commerce." 2 The_papers, records, and files of the Immigration Commission, provided for in the act of February 20, 1907, remaining on the expiration of the existence of said Commis- sion, were turned over and became a part of the flies of the Department by a provision of the act of June 25, 1910, and by the act of March 4, 1913, were transferred to the De- partment of Labor. By resolution of March 4, 1907, all official minutes and flies of cor- respondence of the Industrial Commission deposited with the Librarian of Congress, exfiusive of such publications as may be needed for the uses of the Library of Congress, were transferred to the Department of Commerce and became the property of said De- partment. Digitized by Microsoft® OFFICE OF THE SECBETAEY. 23 There shall be m the Department of Coimnerce a bureau ufectarra "'*'*"' to be called the Bureau of Manufactures,' and a chief of ibid.,see.s. said bureau, who shall be appointed by the President, and who shall receive a salary of four thousand dollars per annum. There shall also be in said bureau such clerical assistants as may from time to time be authorized by Congress. It shall be the province and duty of said its province. bureau, under the direction of the Secretary, to foster, promote, and develop the various manufacturing indus- tries of the United States, and markets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and supplyrag all available and use- ful information concerning such industries and such mar- kets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And allcoJs^a?' offira™ consular officers of the United States, including consuls- through secre- general, consuls, and commercial agents, are hereby j.e-'*''^°'®'**®- q^uired, and it is made a part of their duty, under the direc- tion of the Secretary of State, to gather and compile, from time to time, useful and material information and statis- tics in respect to the subjects enumerated in section three of this Act in the countries and places to which such con- sular officers are accredited, and to send, under the direc- tion of the Secretary of State, reports as often as required by the Secretary of Commerce of the information and statistics thus gathered and compiled, such reports to be transmitted through the State Department to the Secre- tary of the Department of Conamerce. There shall be in the Department of Commerce a bu- ^^^^ "' ^°^' reau to be caJled the Bureau of Corporations, and a Com- md., sec.e. missioner of Corporations who shall be the head of said o™^sioner. bureau, to be appointed by the President, who shall re- ceive a salary of five thousand dollars per annum. There mSs^Ser. ^'""" shall also be in said bureau a deputy commissioner who shall receive a salary of three thousand five hundred doUars per annum, and who shall in the absence of the Commissioner act as, and perform the duties of, the Com- missioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Secre- tary of Commerce or by the said Commissioner. There Employees, shall also be in the said bureau a chief clerk and such special agents, clerks, and other employees as may be authorized by law. The said Commissioner shall have power and authority Duties ot com- to make, under the direction and control of the Secretary ™'^^'™®''- of Commerce, diligent investigation into the organiza- tion, conduct, and management of the business of any corporation, joint stock company or corporate com- bination engaged in commerce among the several States and with foreign nations excepting common carriers sub- 3^^^^^"''°°= ject to "An Act to regulate commerce," approved 1 By act of August 23, 1912, the Burf«i; oi :/riiiii:i'acflfefl5*(8/(f®ireau of Statistics were consolidated into one bureau, to be known as the "Bureau of Foreign and I}omestic Commerce." 24 DEPAETMENT OF COMMEBCB. February fourth, eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the United States to make recommendations to Congress for legislation for the regulation of such com- merce, and to report such data to the President from time to time as he shall require; and the information so ob- tained or as much thereof as the President may direct shall be made pubHc. Power and an- j^ order to accompUsh the purposes declared in the mfasione" """foregoing part of this section, the said Commissioner shall have and exercise the same power and authority in respect to corporations, joint stock companies and combi- nations subject to the provisions hereof, as is conferred on the Interstate Commerce Commission in said "Act to regulate commerce" and the amendments thereto ia respect to common carriers so far as the same may be ap- ^Testimony and pUcable, including the right to subpoena and compel the wi nesses. attendance and testimony of witnesses and the produc- tion of documentary evidence and to administer oaths. All the requirements, obligations, habihties, and im- munities imposed or conferred by said "Act to regulate commerce" and by "An Act in relation to testimony be- fore the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and ninety-three, supplemental to said Act to regulate com- merce," shall also apply to aU persons who may be sub- poenaed to testify as witnesses or to produce documentary evidence in pursuance of the authority conferred by this section. tio^'to' te'°^- ■'•* shall also be the province and duty of said bureau, piled. ^ under the direction oi the Secretary of Commerce, to gather, compile, pubHsh, and supply useful information concerning corporations doing busmess within the limits of the United States as shall engage in interstate com- merce or in commerce between the United States and porattos"* "<"'" any foreign country, including corporations engaged ia insurance, and to attend to such other duties as may be hereafter provided by law. ^Alaskan flsher- The jurisdiction. Supervision and control now possessed hid., sec. 7. and exercised by the Department of the Treasury over the fur-seal, sahnon and other fisheries of Alaska are hereby transferred and vested in the Department of Commerce. to^n^S^"^ The Secretary of Commerce shall annually, at the close Secretary of Com- of each fiscal year, make a report in writing to Congress, '^im'., sec. 8. giving an account of aU moneys received and disbursed by him and his Department, and describing the work done by the Department in fostering, promoting, and developing the foreign and domestic commerce, the min- ing, manufacturing, shipping, and fishery industries, and the transportation facilities, of the United States, and making such recommendations as he shall deem neces- sary for t]Bi0ffsei^t>^ J>6'rf©05JM)ce of the duties and pur- speoiai reports, poses of the Department. He shall also from time to OFFICE OF THE SECBETAEY. 25 time make such special investigations and reports as he may be required to do by the President, or by either House of Congress, or which he himself may deem neces- sary and urgent.* The Secretary of Commerce shall have charge, in the Property of d&- "L "ij" • • ^ t ■ , 1 , ,1 partment. builamgs or premises occupied by or appropriated to the im., sec. o. Department of Commerce, of the library, furniture, fixtures, records, and other jjroperty pertaining to it or hereafter acquired for use in its ousmess; and he shall be Expenditures. allowed to expend for periodicals and the purposes of the library, and for the rental of appropriate quarters for the . Rented tuUd- accommodation of the Department of Commerce within ^^' the District of Columbia, and for all other incidental ex- penses, such sums as Congress may provide from time to time: Provided, however, That where any office, bureau, or branch of the public service transferred to the Depart- ment of Commerce by this Act is occupying rented build- ings or premises, it may still continue to do so until other suitable quarters are provided for its use: And provided ^^^^^'^^^^^_ further. That aU officers, clerks, and employees now em- reaus. ployed in or by any of the bureaus, offices, departments, or branches of the public service in this Act transferred to the Department of Commerce are each and all hereby transferred to said Department at their present grades and salaries, except where otherwise provided in this Act : And provided further. That aU laws prescribing the work ooncMnSI uS? and defining the duties of the several bureaus, offices, de- bureaus. partments, or branches of the public service by this Act transferred to and made a part of the Department of Com- merce shall, so far as the same are not in conflict with the provisions of this Act, remain in fuU force and effect until otherwise provided by law. ^All duties performed and all power and authority now ovi" a^e ^'bu- possessedor exercisedbythehead of anyexecutivedepart-reaus vested in meht in and over any bureau, office, officer, board, branch, comilrre.'^'' ° or division of the pubHc service by this Act transferred ^'''*' *«'• '"• to the Department of Commerce, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch or division of the public service, whether of an appellate or revisory character or otherwise, shall hereafter be vested in and exercised by the head of the said Department of Com- merce. All duties, power, authority and jurisdiction, whether ovi? "ma^tera'JS supervisory, appellate or otherwise, now imposed or con- lating to mer- ferred upon the Secretary of the Treasury by Acts of Con- ° *° ^ '^^"'^' gress relating to merchant vessels or yachts, their measure- ment, numbers, names, registers, enrollments, licenses, commissions, records, mortgages, bUls of sale, transfers, entry, clearance, movements and transportation of their 1 Tbe Secretary is required by a provision of the act of March 3, 1903, to submit to Congress, annually, estimates in dt.tiil v>r ?.l](ff^iif^^ef^^f(i^Soi all general and jniscellaneous expenses for the Department. J > In connection with section 10, see " Opimons of the Attorney General," page 30. 26 DEPARTMENT OF COMMEECE. cargoes and passengers, owners, officers, seamen, passen- gers, fees, inspection, equipment for the better security of life, and by Acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive or dangerous cargo on vessels, the use of petro- leum or other siioilar substances to produce motive power and relating to the remission or refund of fines, penalties, forf eitiu-es, exactions or charges incurred for violating any provision of law relating to vessels or seamen or to in- former's shares of such fines, and by Acts of Congress re- lating to the Commissioner and Bureau of Navigation, Shipping Commissioners, their officers and employees, Steamboat-Inspection Service and any of the officials thereof, shall be and hereby are transferred to and imposed and conferred upon the Secretary of Commerce from and after the time of the transfer of the Biujeau of Navigation, the Shipping Commissioners and the Steamboat-Inspec- tion Service to the Department of Commerce, and shall not thereafter be imposed upon or exercised by the Secre- Acts repealed, t^py of the Treasury. And all Acts or parts of Acts incon- sistent with this Act are, so far as inconsistent, hereby repealed. Trade "^Eeiatio^^ ^ persou, to be designated by the Secretary of State, state^Depa°T- shall be appointed to formulate, under his direction, for ^md.,sec.n. the instruction of consular officers, the requests of the Secretary of Commerce; and to prepare from the dis- patches of consular officers, for transmission to the Secre- tary of Commerce, such information as pertains to the work of the Department of Commerce; and such person shall have the rank and salary of a chief of bureau, and be fiu-nished with such clerical assistants as may from time to time be authorized by law. President may 'pj^g President be, and he is hereby, authorized, by order transfer statis- . . j_ j_ o j_ j_- ji i i "^ j. ticai or scientific m WTitmg, to transfer at any tune the whole or any part meS '"of^^S^ of any office, bureau, division or other branch of the ^fm sec n pubhc service engaged in statistical or scientific work, from the Department of State, the Department of the Treasury, the Department of War, the Department of Jus- tice, the Post-Office Department, the Department of the Navy or the Department of the Interior, to the Departs ment of Commerce; and in every such case the duties and authority performed by and conferred by law upon such office, bureau, division or other branch of the public service, or the part thereof so transferred, shall be there- by transferred with such office, bureau, division or other branch of the pubUo service, or the part thereof which is so transferred. And all power and authority conferred by law, both supervisory and appellate, upon the depart- ment from which such transfer is made, or the Secretary thereof, in relation to the said office, bureau, division or other branch of the public service, or the part thereof so transferredL. ^all .immediatelv^when such transfer is so ordered by'^^^reaident, b#TuIly conferred upon and vested in the Department of Commerce, or the Secretary thereof, as the case may be, as to the whole or part of sucn OFFICE OF THE SEGEETABY. 27 office, bureau, division or other branch of the public v service so transferred. This Act shall take effect and be in force from and after ^^ °' t^^^^g its passage : Provided, however, That the provisions of this im., sec. is. Act other than those of section twelve m relation to the transfer of any existing office, bureau, division, officer or other branch of the pubUc service or authority now con- ferred thereon, to the Department of Commerce shall take effect and be in force on the first day of July, nineteen himdred and three, and not before. Hereafter the commissions of all officers under the ^^"^'"'^ "' direction and control of the * * * Secretary of Mar'. s. 1905 (ss Commerce shall be made out and recorded in the * * *«*"*■- 99o)- Department of Commerce, * * * ^nd the Depart- ment seal affixed thereto, any laws to the contrary not- withstanding: Provided, That the said sear shall not be afioxed to any such commission before the same shall have been signed by the President of the United States. And all commissions heretofore issued by the Depart- ment of Commerce with the seal of that Department affixed are hereby declared legal and valid. The Secretary of Commerce is hereby authorized, pay^^f^d °' under such regulations as he may prescribe, to permit Junen,i9w\s6 officers and employees of the several bureaus and divi- ^"'*'' **^^' sions of the Department of Commerce to assign then salaries while absent from Washington, District of Co- lumbia, and employed in the field. The Secretary of the Treasury, the Secretary of Agri-jj^seg^Jl^^^j?^ culture, and the Secretary of Commerce shall makeior carrying out uniform rules and regulations for carrying out the pro-pureJood'aSt. °' visions of this Act, including the collection and examina- £^^ni)^sec'^s tion of specimens of foods and drugs manufactured or offered for sale in the District of Columbia, or in any Territory of the United States, or which shall be offered for sale in unbroken packages in any State other than that in which they shall have been respectively manu- factured or produced, or which shall be received from any foreign country, or intended for shipment to any foreign country, or wiich may be subnaitted for examination by the chief health, food, or drug officer of any State, Territory, or the District of Columbia, or at any domestic or foreign port through which such product is offered for interstate commerce, or for export or import between the United States and any foreign port or country. The Secretary of the Treasury, the Secretary of Agri- makere^ilL^ culture, and the Secretary of Commerce shall make uni- for carrying out form rules and regulations for carrying out the provisions seo°S™Mt ""' of this Act, including the collection and exammation of suit!ssh!aec'.T specimens of insecticides, Paris greens, lead arsenates, and fungicides manufactured or offered for sale in the Dis- trict of Columbia or in any Territory of the United States, or which shall be offergf^^^WjMji^^g^ packages in any State other than that m which they shall have been respectively manufactured or produced, or which shall 28 DEPAETMENT OP COMMBECE. ment to any foreign country, or which may be submitted for examination by the director of the experiment station of any State, Territory, or the District of Columbia (act- ing under the direction of the Secretary of Agriculture), or at any domestic or foreign port through which such product IS offered for interstate commerce, or for export or import between the United States and any foreign port or country. the'p?omotion'of Whereas Alfred Bernard Nobel, of the city of Stock- industetoiVeace. holm, in the Kingdom of Sweden, having by his last will. sm!"''i%i)fpTe- and testament provided that the residue of ms estate shall ami&. ' constitute a fund the income from which shall be annually awarded in prizes to those persons who have during the year contributed most materially to benefit mankind, and having further provided that one share of said income shall be awarded to the person who shall have most or best promoted the fraternity of nations and the abolish- ment or diminution of staading armies and the formation and increase of peace congresses; and Whereas the Norwegian Parhament having, under the terms of said foundation, elected a committee for the distribution of the peace prize, and this committee having in the year nineteen hundred and six awarded the afore- said prize to Theodore Roosevelt, President of the United States, for his services in behalf of the peace of the world; and Whereas the President desiring that this award shall form the nucleus of a fund the income of which shall be expended for bringing together in conference at the city of Washington, especially during the sessions of Congress, representatives of labor and capital for the purpose of discussing industrial problems, with the view of arriving at a better understanding between employers and em- ployees, and thus promoting industrial peace: Therefore tabSS*'™ ^" -^^ '^'^ enacted by the Senate and House of Representatives nid.ysec 1 of the United States of America in Congress assembled, That ^ar rus- ^^^ Chief Justice 01 the United States, the Secretary of Agriculture, and the Secretary of Commerce, and their successors in office, together with a representative of labor and a representative of capital and two persons to rep- resent the general pubUc, to be appointed by the' Presi- dent of the United States, are hereby created trustees of an establishment by the name of the Foundation for the prKwaSId to Promotion of Industrial Peace, with authority to receive veu'dOTT'oted" to *^® Nobel peace prize awarded to the President and by ttework." ° him dcvoted to this foundation, and to administer it in Vacancies. accordance with the purposes herein defined. Any va- cancies occurring in the number of trustees shall be filled in like manner by appointment by the President of the United States, ^uties of trua- j^ gj^g^jj ^^ ^.j^g ^^^y. ^f ^j^g trustees herein mentioned to bequest, or devise, and to invest and reinvest the same; OFFICE OF THE SBCBETAEY. 29 and to pay over the income from the foundation and its pamTtodi^tr^ additions, or such part thereof as they may from tinle to peace committee. time apportion, to a committee of nine persons, to be known as "The industrial peace conunittee," to be selected by the trustees, three members of which com- . selection, serv- mittee shall serve for the period of one year, three mem- ''*' ^^' bers for the period of two years, and three members for the period of three years; three members of this commit- tee to be representatives of labor, three to be representa- tives of capital, each chosen for distinguished services in the industrial world in promoting righteous industrial peace, and three members to represent the general public. Any vacancies which may occur in this committee shall .riUmg vacan- be filled by selection and appointment in the manner °'^' prescribed for the original appointment of the committee, and when the committee has first been fully selected and appointed each member thereafter appointed shall serve for a period of three years or the unexpired portion of such term. The industrial peace committee herein constituted Annual oonfer- shaU arrange for an annual conference in the city of tS^n.'c!^*^"^" Washington, District of Columbia, of representatives of "''^■. ««'•»• labor and capital for the purpose of discussing industrial problems, with the view of arriving at a better under- standing between employers and employees; it shall call special conferences in case of great mdustrial crises and at such other times as may be deemed advisable, and take such other steps as in its discretion will promote the general purposes of the foundation; subject, however, to such rules and regulations as may be prescribed by the trustees. The committee shall receive suggestions for the subjects to be discussed at the annual or other con- ferences and be charged with the conduct of the proceed- ings at such conferences. The committee shall also arrange for the pubHcation of the results of the annual and special conferences. All expenditures authorized by the trustees shaU be SS'™'^"™'®^- paid exclusively from the accrued income and not from ' ""' "'" the principal of the foundation. The trustees herein named are authorized to hold real mSlmi'' ^°^^' and personal estate in 'the District of Columbia to an ii»d., see. s. amount not exceeding three million dollars, and to use and dispose of the same for the purposes of this founda- tion. The principal office of the foundation shall be located ^^P™cipai office, in the District of Columbia, but offices may be maintained liii-, sec. e. and meetings of the trustees and committees may be held in other places, to be provided for in by-laws to be adopted from time to time by the trustees, for the proper execution of the purposes oi the foundation. The Foundation for the Promotion of Industrial Peace ^,^X"si*!l/CAai8d/?<^esults; (9) Geographer's Division; (10) mechanical force, and (11) maintenance force. BUBEAU OF THE CENSUS. 39 The work of these divisions is sufficiently indicated by their designa- tions. Their strength, with the exception of the administrative and maintenance forces, varies considerably from time to time, as the amount of work devolving on the divisions increases or diminishes. Superintendents and Directors of the Census, with dales of service. From — To- SuperinteiidiTig clerk. Joseph 0. G. Kennedy James B.B.De Bow Do...: Joseph C. G. Kennedy Francis A. Walker SuperintenderU. Francis A. Walker Charles W. Seaton Robert P. Porter CommUsioner of Labor in charge Eleventh Census. Carroll D. Wright Director. William R. Merriam S.N.D. North , E . Dana Durand William J. Harris May 31,1850 Mar. 18,1853 11856 ijuly 1, 1858 June 1,1860 Feb. 7, 1870 Apr. 1, 1879 Nov. 4,1881 Apr. 17,1889 Oct. 5,1893 Mar. 7, 1899 June 9, 1903 June 16,1909 July 1,1913 Mar. 18,1853 Deo. 31,1854 May 31,1860 May 31,1865 Nov. 21, 1871 Nov. 3,1881 Mar. 3, 1885 July 31,1893 Oct. 5,1897 June 8, 1903 June 15,1909 June 30,1913 1 To prepare report on mortality. 2 To prepare digest of manufactures. the per- LAW PERTAINING TO THK BUREAU OF THE CENSUS. [As modified by acts of February 14, 1903, and March 4, 1913.] The actual Enumeration shall be made withm three mSS.**' ®°* Years after the first Meeting of the Congress of the United constitution, States, and within every subsequent Term of ten Years, '' '*"'■ in such Manner as they [Congress] shall by Law direct. The Census Office temporarily established in the De- ceS made partment of the. Interior ^ in accordance with an Act manent. entitled "An Act to provide for taking the Twelfth and st See page 55. BXJKEAXJ OF THE CENSUS. 43 two thousand dollars; or if he shall willfully and know- raise retums. ingly make a false certificate or a fictitious return, he shall be guilty of a misdemeanor, and upon conTiction of either of the last-named offenses he shall be fined not exceeding two thousand dollars and be imprisoned not exceeding five years ; or if any person who is or has been an yon* b° eif"™*" enumerator shall knowingly or willfully furnish, or cause ator. ^ ^^'^^f- to be furnished, directly or indirectly, to the Director of the Census, or to any supervisor of the census, any false statement or false information with reference to any in- quiry for which he was authorized and required to collect mf ormation, he shall be guilty of a misdemeanor, and upon conviction thereof shall be fijied not exceeding two thou- sand dollars and be imprisoned not exceeding five years. The Director of the Census may authorize the ex-^J^J®'?'^ ex- ,.. » i!j.iiii penses of omcers penditure or necessary sums tor the actual and neces- and employees. sary traveling expenses of the officers and employees ^'^■''"^- ^■ of the Census Office, including an allowance in lieu of subsistence not exceeding four dollars per day during their necessary absence from the Census Office, or, iastead of such an allowance, their actual subsistence expenses, not exceeding five dollars per day; and he may authorize the incidental, miscellaneous, and contingent expenses necessaiy for the carrying out of this Act, as herein provided, and not otherwise, including advertising in newspapers, the purchase of manuscripts, books of refer- ence and periodicals, the rental of sufficient quarters in the District of Columbia or elsewhere and the furnishing thereof, and expenditures necessary for the compiling, printing, publishing, and distributing the results of the census, and purchase of necessary paper and other sup- phes, the purchase, rental, construction, and repair of mechanical appliances, the compensation of such per- manent and temporary clerks as may be employed under the provisions of this Act and the Act establishing the permanent Census Office and Acts amendatory thereof or supplemental thereto, and all other expenses incurred und^r authority conveyed in this Act. All mail matter, of whatever class, relating to the j,g'J|j^j™3«g«^'' to census and addressed to the Census Office, or to any im.,aec.29. official thereof, and indorsed "Official business. Census Office," shall be transmitted free of postage, and by regis- tered mail if necessaiy, and so marked: Provided, That ,g^^f°aityf/ ™j if any person shall make use of such indorsement to avoid irant. the payment of postage or registry fee on lus or her private letter, package, or other matter m the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction. r. n t- After the completion and return of the enumera- ^tCcaieot^on^^oi tion and of the work upon the schedules relating to^the '^^^^^_ ,_ ,ggg ^^g products of agriculture and to manufacturing and mechan- stat, ioii). ical establishments piOiriifeirf*)?' iW;«^J5^>»®seven oi the st^^'^,ff^^l^' Act of March third, eighteen hundred and nmety-mne, ^^l^jsoscs^ entitled "An Act to provide for taking the Twelfth and ' 44 DEPARTMENT OF COMMEBUJll. Decennial sta- subsequent censuses," the Director of the Census is '^sp'^iai classes, hereby authorized decennially to collect statistics relating to the defective, dependent, and delinquent classes; to crime, including judicial statistics pertaining thereto, pro- vided that -such statistics shall include information upon the following questions, namely: Age, sex, color, race, nativity, parentage, literacy by race, color, nativity, and parentage, and such other questions relating to these sub- jects as the Director in his discretion may deem proper; to social statistics of cities; ' to public indebtedness, valu- ation, taxation, and expenditures; to religious bodies; to transportation by water, and express business; to mines, mming, quarries, and minerals, and the production and value thereof, including gold in divisions of placer and vein, and silver mines, and the number of men emjployed, the average daily wage, average working time, and aggre- gate earmngs in the various branches and aforesaid divi- sions of the mining and quarrying industries; to savings banks and other savings mstitutions, mortgage, loan, and investment companies, and similar institutions; to the fishing industry m cooperation with the Bureau of Fish- Quinquenniai eries; and every five years to collect statistics relating to railways, eto*"^^* Street railways, electric light and power, telephone, and telegraph business. And the Director of the Census shall prepare schedules containing such interrogatories as shall m his judgment be best adapted to elicit the information required under the subjects, with such specifications, divi- sions, and particulars under each head as he shall deem necessary to that end; and all reports prepared under the provisions of this section shall be designated as "Special Special agen(3. Reports of the Census Office." For the purpose of secur- ing the statistics required by this section the Director of the Census may appoint special agents when necessary, and such special agents shall receive compensation as Official Register. bereinafter provided. And the Director or the Census shall edit, index, and publish the Official Register of the United States, and the provisions of existing law imposing that duty upon the Department of the Interior are hereby repealed, and the data to be included in the Official Reg- ister, which is now required to be transmitted to the Sec- retary of the Interior, shall hereafter be transmitted to the Director of the Census. offlciai*Regilte?! Hereafter the Official Register of the United States Mar s 1S9S (27 shall contain a statement which wiU show, by Depart- tat, 8). ments or offices, the number of officers and employees m the several Executive Departments, * * * ^he Gov- ernment Printing Office, and the offices of the govern- ment of the District of Columbia, appointed from each State and Territory and the District of Columbia, and the aggregate amount of their salaries or compensation. 1 Department Circular No. 3 transferred to the Bureau of the Census, ftom the Bureau of Labor (now Bureau of Labor Statistics), the compilation of statistics of cities of 30,000 and overQjgjfj^Q^ [^y MJCrOSOft® BUEBATJ OF THE CENSUS. 45 To enable the oflGlcer charged with the duty of preparing j^»*| ^y\^^i; the Official Register of the United States to publish the of departments, same, the Secretary of the Senate, the Clerk of the House ^^jan. ib ms m of Representatives, the head of each Executive Depart- ^^f^^^'imlii ment of the Government, and the chief of each and every sm.,Bi^. bureau, office, commission, or institution not embraced in an Executive Department, in connection with which sala- ries are paid from the Treasury of the United States, shall, on the first day of July va. each year in which a new Con- gress is to assemble, cause to be filed with the Director of the Census a full and complete list of all officers, agents, clerks, and other employees of said Department, bureau, office, commission, or institution connected with the legislative, executive, or judicial service of the Gov- ernment, or paid from the United States Treasury, in- cluding military and naval officers of the United States, cadets, and midshipmen. Said list shall exhibit the salary, compensation, and emoluments allowed to each of said officers, agents, clerks, and other employees, the State or country in which he was bom, the State or Territory and Congres- sional district and county of which he is a resident and from which he was appointed to office, and where em- ployed. A list of the names, force, and condition of all ships and vessels belonging to the United States, and when and where built, shaU also be ffied with the Director of the Census by the heads of the Departments having super- vision of such ships and vessels, for incorporation in the Official Register. The Postanaster-General shall furnish a statement of all allowances made, during the period of two years next pre- ceding said first day of July above mentioned, to each contractor on contracts for carrying the mails, discrimi- natiugthesum paid as stipulated by the original contract, and the sums paid as additional allowances. The Director of the Census shall cause the Official Reg- ister to be edited, indexed, and published on the first day of December following the first day of July above men- tioned. The Public Printer shall, on the first day of July in „.?»'? *°^8tS^ 1 .,., ,-. ' . , < ■, •'. nisned by Publi* each year m which a new Congress is to assemble, cause to Printer. be filed with the Director of the Census a fuU and com suuJ^Xlt^^- plete list of all officers, agents, clerks, and employees g^f^^h^^ ^^'^ employed in his department, or in any of the oranch offices. He shall include in such list all the statistics peculiar to his department required to enable the Director of the Census to prepare the Biennial Register. For the fiscal year of nineteen hundred and two and jjj^|*J'^°^«j^^: thereafter, a full and complete list of all officers, agents, troiieroftiiecur- clerks, and other employees of the office' of the Comp-"2ipr.M,i90£(sa troUer of the Currency, including bank examiners, re- ^^f^neTim (si, ceivers and &t\,oTjxejslSt^tmA^m/li®l^(^®^ employed sto«.,279j. by such examiners and receivers, or any other person 46 DEPARTMENT OF VOMmmmjm, connected with the work of said office in Washington or elsewhere, whose salary or compensation is paid from the Treasury of the United States or assessed against or col- lected from existing or failed banks under their super- vision or control, shall be transmitted to the Director of the Census in accordance with the provisions of an act of Congress approved January twelfth, eighteen hundred and eighty-five [ninety-five], relating to the Official Kegister. ^'te' couSted There shall be a collection of the statistics of the births annuauy™ and deaths in registration areas for the year nineteen sta^ «)' S"* hundred and two, and annually thereafter, the date [data] j^^ii^^"^^^^ ioT which shall be obtained only from and restricted to ' ' such registration records of such States and municipali- ties as m the discretion of the Director possess records affording satisfactory data in necessary detail, the com- pensation for the transcription of which shall not exceed four cents for each birth or death reported; or a minimum compensation of twenty-five dollars may be allowed, in the discretion of the Director, in States or cities register- ing less thah five hundred deaths or five hundred births during the preceding year. tSJ^Sl^J^^^ Whereas the registration of deaths at the time of their tween State au- <■ • P m ■ i i • j> j • j? i thorities and Bu- occurrence lunushes oflicial record miormation oi much s^V'oSfeetoi value to individuals; and °^ Fa^^i^tmTsi Whereas the registration of births and deaths, with Stat., 'm'l). information upon certain points, is essential to the prog- ress of medical and sanitary science in preventing and restricting disease and in devising and applying remedial agencies; and Whereas all of the principal countries of the civilized world recognize the necessity for such registration and enforce the same by general laws; and Whereas registration in the United States is now con- fined to a few States, as a whole, and the larger cities, under local laws and ordinances which differ widely va. their requirements; and Whereas it is most important that registration should be conducted under laws that will insure a practical uni- formity in the character and amount of information avail- able from the records; and Whereas the American Public Health Association and the United States Census Office are now cooperating in an effort to extend the benefits of registration and to promote its efficiency by indicating the essential requirements of legislative enactments designed to secure the proper regis- tration of all deaths and births and the collection of accu- rate vital statistics, to be presented to the attention of the legislative authorities in nonregistration States, with the suggestion that such legislation be adopted; Now, there- fore, Resolved hy the Senate and House of Representatives of the UnitSimm^^AmenccM, Congress assembled, That the Senate and liouse of Representatives of the United BUBEAU OF THE CENSUS. 47 States hereby expresses approval of this movement and requests the favorable consideration and action of the State authorities, to the end that the United States may attain a complete and uniform system of registration. In the year nineteen hundred and five, and every ten manufaoVur"^ ° ' years thereafter, there shall be a collection of the statistics Mar. e, milst ai manufactures, confined to. manufacturing establish- ^"''"*'^'''*'*" ments conducted under .what is known as the factory sys- tem, exclusive of the so-caUed neighborhood and mechan- ical industries; and the Director is hereby authorized to schedules. prepare such schedules as in his judgment may be neces- sary to carry out the provisions of this section; and that co^tton^"?odu?- in addition to the statistics now provided for by law the tion. Director of the Census shall annually collect the statistics of the cotton production of the country as returned by the ginners ^ and bulletins giving the results of the same bulletins, shall be issued weekly beginning September first of each year and continued till February first following; and that , Additional spe- the Director of the Census shall make, from time to time, stetfa?i^"°°' "' any additional special collections of statistics relating to any branch of agriculture, manufacture, mining, trans- portation, fisheries, or any other branch of industry that may be reqiiired of him by Congress. The Director of the Census is hereby authorized and wSt°?ffloMV°o° empowered to cooperate with the secretary of state of states in taking the State of Michigan in taking the census of manu- fartilres"' '"^™' f actures and shall equitably share the expenses thereof, g^'^'iA' ^^* ^'* the results of which may be accepted by the United States as its census of manufactures for that State for the year nineteen hundred and five: Provided, That the ex- penditures incident to this cooperation shall not exceed twenty thousand dollars, such expenditures to be paid from the fund appropriated for the expenses of the field , work of the census for the fiscal year ending June thir- tieth, nineteen hundred and five. And the Director of the Census may, in his discretion, cooperate with the officials of other States which take a like census in so far as it may aid in the collection of statistics of manufac- tures required by existing law. It shall be the duty of every owner, president, treas- intezSiUo'""'^^ urer, secretary, director, or other officer or agent of J«'» «.Jso| (ss any manufacturing establishment, mine, quarry, or other establishment of productive industry, whether conducted as a corporation, firm, linuted liability company, or by private mdividuals, when requested by the Director of the Census or by any supervisor, enumerator, special agent, or other employee of the Census Office acting under the instructions of the said Director, to answer completely and correctly to the best of his knowledge all questions on any census schedule applying to such estab- lishment; and any owner, president, secretary, director, oS^f^" or other officer or agent of any manufacturing establish- etc. ment, mine, quarry, o£'ejWeB(rf6ft|iMfelajii8afl®)f productive iSee act of July 22, 1912 (p. 49). 4g DEPARTMENT Vf KjumiM-anuu. industry,' who under the conditions hereinbefore stated shall refuse or willfully neglect to answer any of these questions, or shall willfully give answers that are false, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding ten thousand dollars, or imprisoned for a period not exceeding one year, or both so fined and imprisoned, at the discretion of the court. The provisions of this section shall also apply to the collection of the information required and authorized by the Act entitled "An Act to provide for a permanent Census Office," and by Acts amendatory thereof or supplemental thereto. r^tic\^m°oae:t The information furnished under the provisions of 'j6ll.,sS?^' the next preceding section shall be used only for the uburation" °° statistical purposes for which it is supplied. No publi- pu ca ion. (jatioji ghall be made by the Census Office whereby the data furnished by any particular establishment can be identified, nor shall the Director of the Census permit anyone other than the sworn employees of the Census O&ce to examine the individual reports. enaiti™™°°' "' -^^ ^^^ ^^^ penalties imposed^ by this Act may be ^fm!, sec. S6. enforced by indictment or information in any court of competent jurisdiction. Agricultural There shall be in the year nineteen hundred and fifteen, ^fwyllr^ and once every ten years thereafter, a census of agri- im., sec. SI. culture and live stock,* which shall show the acreage of farm land, the acreage of the principal crops, and the num- ber and value of domestic animals on the farms and ranges of the country. The schedule employed in this census shall be prepared by the Director of the Census. Such census shall he taken as of October first, and shall relate to offlcrais a u- the current year. The Director of the Census may appoint * °™ ■ enumerators or special agents for the purpose of this cen- sus, in accordance with the provisions of the permanent Census Act. t ^' to states' '^^^ Director of the Census is hereby authorized, at his cSSts, ete. * ' discretion, upon the written request of the governor of any im., sec. SB. g|;a^g Qp Territory, or of a court of record, to furnish such governor or court of record with certified copies of so much of the population or agricultural returns as may be re- quested, upon the payment of the actual cost of making such copies, and one dollar additional for certification; ^^^ineaiog'oai and that the Director of the Census is further authorized, in his discretion, to furnish to individuals such data from the population schedules as may be desired for genealog- ical or other proper purposes, upon payment of the actual cost of searching the records and one dollar for supplying ceS'te^"^*' "' '^ ?" certificate; and the amounts so received shall be covered into the Treasury of the United States, to be placed to the credit of, and in addition to, the appropriations made for taking the census. ' Section 23,@fcjAfe8>(|flWi iTiyms jK-na^jgn occupants ol farms who refuse to fur- nish Information to Census ofiicials. (See p. 62!) BUEEAU OF THE CENSUS. 49 *The Director of the Census be, and he is hereby, statistics of cot- authorized and directed to collect and publish statistics *™M!y«8,/9i«(»7 concerning the amount of cotton ginned; the quantity ®'"''^®*^''"^'- of raw cotton consumed in manufacturing establishments of every character; the quantity of baled cotton on hand; the number of active consuming cotton spindles; and the quantity of cotton imported and exported, with the country of origin and destination. The statistics of the quantity of cotton ginned shall Cotton ginned. ghow the quantity ginned from each crop prior to Sep- •'»«■«• tember first, September twenty-fifth, October eighteenth, November first, November fourteenth, Deceniber first, December thirteenth, January first, January sixteenth, and March first, and shall be published as soon as possible after these respective dates. The quantity of cotton cotton consumed consumed in manufacturing establishments, the quantity of baled cotton on hand, the number of active consuming cotton spindles, and the statistics of cotton imported and exported shall relate to each calendar month, and shall be published as soon as possible after the close of the month. Each report published by the Bureau of the Details. Census of the quantity of cotton ginned shall carry with it the latest available statistics concerning the quantity of cotton consumed, stocks of baled cotton on hand, the number of cotton-consuming spindles, and the quantity of cotton imported and exported. All of these publicar Distribution of tions containing statistics of cotton shall be mailed by Stton^stStics?' the Director of the Census to all cotton ginners, cotton nianufacturers, and cotton warehousemen, and to all daUy newspapers throughout the United States. The tj^'t'^^^e'^uV^- Director of the Census shall furnish to the Bureau of mshed Deijart- Statistics of the Department of Agriculture, immediately tu«.* ° ^™"'' prior to the publication of each report of that bureau regarding the cotton crop, the latest available statistics hereinbefore mentioned, and the said Bureau of Statistics shall publish the same in connection with each of its reports concerning cotton. The information furnished by any individual estab- ,J°J^/j"fJ^^^° lishment under the provisions of this Act shall be considered confl- considered as strictly confidential and shall be used only ^im^^sec. s. for the statisticalpurpose for which it is supplied. Any Pimishmentror emj)loyee of the Bureau of the Census who, without the pioyel"^ ^ ""' written authority of the Director of the Census, shall publish or communicate any information given into his possession by reason of his employment under the pro- visions of this Act shall be guilty of a misdemeanor and shall, upon conviction thereof, be fined not less than three hundred dollars or more than one thousand doUars or imprisoned for a period of not exceeding one year, or both so fined and imprisoned, at the discretion of the court. It shall be the duty of every owner, president, treas- J"^™^'^" b*» urer, secretary, director, or other officer or agent of eiif^^^' etc- any cotton ginnery, nGegatferfittjirij^/ffiStaM^ment, ware- ' ""' 1 See act of March 6 1902 (p. 47). 76224°— 13 4 50 DBPAKTMENT OF COMMERCE. house, or other place where cotton is ginned, manufac- tured, or stored, whether conducted as a corporation, firm, limited partnership, or by individuals, when re- quested by the Director of the Census or by any special agent or other employee of the Bureau of the (Jensus acting under the instructions of said director, to furnish completely and correctly, to the best of his knowledge, all of the information concerning the quantity of cotton ginned, consumed, or on hand, and the number of cotton- consuming spindles. The request of the Director of the Census for information concerning the quantity of cotton ginned or consumed, stocks of cotton on hand, and num- ber of spindles may be made in writing or by a visiting representative, and if made in writing shall be forwarded by registered maU, and the registry receipt of the Post Office Department shall be accepted as evidence of such Punishment for (jejj^and. Any owner, president, treasurer, secretary, willfulrefusal,etc. ,. , /, ai i. t ij. „ _^ director, or other officer or agent of any cotton ginnery, manufacturing establishment, warehouse, or other place where cotton is ginned or stored, who, under the condi- tions hereinbefore stated, shall refuse or wiUfuUy neglect to furnish any of the information herein provided for or shall wiUfuUy give answers that are false shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than three hundred dollars or more than one thousand dollars or imprisoned for a period of not exceeding one year, or both so fined and imprisoned, at the discretion of the court. mtoSation''from ^^ addition to the information regarding cotton in the SreiSV°mitJfes. United States hereinbefore provided for, the Director of /w., aec. s. ^^ Census shall compile, by correspondence or the use of published reports and documents, any available infor- mation concerning the production, consumption, and stocks of cotton in foreign countries, and the number of pub^fehld' *with cotton-consuming spindles in such countries. Each re- reports, port published by the Bureau of the Census regarding cotton shaJl contain an abstract of the latest available information obtained under the provisions of this section, and the Director of the Census shall furnish the same to the Department of Agriculture for publication in con- nection with the reports of that department concerning cotton in the same manner as in the case of statistics relating to the United States, pealed""'*''"^ The joint resolution authorizing the Director of the Ibid', sec. e. Ceusus to coUcct and publish additional statistics, ap- proved February ninth, nineteen hundred and five, and the joint resolution approved March second, nineteen hun- dred and nine, aind all other laws and parts of laws incon- sistent with the provisions of this Act are hereby repealed. bi^a*^""^ °"°' The Director of the Census be, and he is hereby, /< pr- TO, i9/« (37 authorized and directed to collect and publish, in addii- ' '*"■ ■ tion to the tobacco reports now being made by him,* sta- Digitizod by Microsoft® ' Reports referred to are collected and publisbed under authority of the act of MarcU 6, 1902, section 9, authorizing statistics of manufactures (p. 47). BTJEEAU OF THE CENSUS. 51 tistics of the quantity of leaf tobacco in all forms in the United States in the possession of all persons who are dealers or manufacturers, other than the original growers of tobacco, to be summarized and returned by the holder to the Director of the Census as of the dates of October first and April first of each year, provided that the Direc- tor of the Census shall not be required to collect statistics of leaf tobacco from any manufacturer of tobacco who in the preceding calendar year, according to the returns to the Commissioner of Internal Revenue, manufactured less than fifty thousand pounds of tobacco, or from any man- ufacturer of cigars who during the preceding calendar year manufactured less than two hundred and fifty thou- sand cigars, or from any manufacturer of cigarettes who during the preceding calendar year manufactured less than one miUion cigarettes, or from any dealer in leaf tobacco who, on the average, had less than fifty thousand pounds in stock at the ends of the four quarters of the ■preceding calendar year, and every manufacturer of to- rep^ed^^ *" ^ bacco who, in the preceding calendar year, according to the return of the Commissioner of Internal Revenue man- ufactured more than fifty thousand pounds of tobacco, and every manufacturer of cigars who, during the pre- ceding calendar year, manufactured more than two hun- dred and fifty thousand cigars, and every manufacturer of cigarettes who, during the preceding calendar year, mamSactured more than one miflion cigarettes, and every dealer in or manufacturer of leaf tobacco who, on an average, during the preceding calendar year, had more than fifty thousand pounds in stock, at the ends of the four quarters of the preceding calendar year, shall, under oath, make written reports of the anaounts held by them, as herein provided. The Director of the Census shall specify the types ttobs to te of tobacco to be included in the reports of the holders ^^mdl sec. s. thereof, and he shall specify the several types separately in making his reports. In securing reports by types, the Director of the Census shall foUow substantially the clas- sification of general types as recognized and adopted by the Department of Agriculture. The Director of the to^bSnS'^^ Census shall prepare appropriate blanks upon which such reports shall be made and shall send a copy of same to any person subject to make reports under this Act, not more than fifteen nor less than ten days prior to the first days of October and April in each year, together with a written or printed demand that such person make the report required. All persons subject to the provisions of this Act shall, q^-tS"''^ '^ within ten days after the first day of October and first im., sec. s. day of April in each year, make written report to the Director of the Census the number of pounds of each of the several types of leaf tobacco owned by him as of the said dates, respeociveiy. If anpSfl^ person shall J«°»«y '»'*'"- fail to make said report within the time prescribed, he 52 DEPARTMENT OF COMMEECE, Notice. Officers liable. Funishmentfor blse reports, etc. Ilrii., sec. i. Officers liable. '^Person" con- strued. Ibid., sec. S. Information not to be divulged. Ibid., sec. 6. Cooperation of Census and In- ternal - Revenue officials. Ibid., sec. 7. Publication. Ibid., sec. 8. Names of heads of families, publi- cation and sale. June SO, 190e (34 Stat., m). shall be guilty of a misdemeanor, and upon conviction shall be fined not less than three hundred dollars or more than one thousand dollars. If any such person so liable to make such reports shall fail to make the same within the dates above specified, and thereafter the Director of the Census shall demand such report in writing, which demand shall be forwarded by registered mail, then if such person shall fail to make such report within twenty days after such demand so made, he shall also be deemed guilty of a misdemeanor, and upon conviction shall be imprisoned for not more than six months, in the discre- tion of the court. The depositing of the notice by the Director of Census in any post office shall be held to be prima facie evidence of the delivery or the notice to the holder of tobacco, from which date the period of twenty days shall begin to run. The president, general manager, or other chief officer of any corporation failing to make such reports as required by this Act shall be subject to the same penalties as are herein prescribed. Any person who shall make a false report to the, Director of the Census as to the types or amounts of tobacco held or owned by him shall be guilty of a misde- meanor, and upon conviction shall be punished by im- prisonment for not more than six months, in the discre- tion of the court. The president, general manager, or other ofiicer of any corporation making such false report shall be subject to the same penalty as prescribed in this section. The word "person" as used in this Act shall be held to embrace also any partnership, corporation, or association. The information furnished under the provisions of this Act shall be used only for the statistical purposes for which it is supplied. No publication shall be made by the Director of the Census whereby the data furnished by any particular establishment can be identified, nor shall the Director of the Census permit anyone other than the sworn employees of the Census Office to examine the individual reports. The Director of the Census shall have access to the records of the Commissioner of Internal Revenue for the purpose of obtaining the information herein required, and the Commissioner of Internal Revenue shall cooperate with the Director of the Census in effectuating the pur- poses and provisions of this Act. The Director of the Census shall make his first re- port under this Act as of the first day of October, nine- teen hundred and twelve, and he shall publish the same and all subsequent reports at a date as earhr as practi- cable after the first day of October and the first of April in each year. The Director of the Census is hereby authorized and directed toHjmj^jl^||j^ m a^gj^^^j^^^t form, by counties and minor civirdlvisionsf the names of the heads of families BUBEAU OF THE CENSUS. 53 returaed at the First Census of the United States in seventeen hundred and ninetjr; and the Director of the Census is authorized, in his discretion, to sell said pub- lications, the proceeds thereof to be covered into the Tieasury of the United States, to be deposited to the credit of miscellaneous receipts on account of "Proceeds of sales of Government property.' ' The printing office established in the Census Office is offlraiboFisSd"^ hereby abolished to take efifect July first, nineteen hundred Mar. e, 1x2 (s» and two, and the outfit and equipment therein shall be ^*"*' *^^' "'■ ^'^ turnedover to the Public Printer; and the Director of the Printing and Census is hereby authorized and directed to have printed, P"''''«'^e- published, and distributed, from time to time, bulletins and reports of the preliminary and other results of the various investigations authorized by law; and all of said printing and binding shall be done by the Public Printer at the Government Printing Office. The Dh-ector of the Census is hereby authorized to et^"°*'°« '°™^ make reqiiisition upon the Public Printer for such print- Juiye,i9m (as ^1 A j_ J.1 • • f Stat., 1), sec. £8. mg as may be necessary to carry out the provisions 01 this Act, to wit : Blanks, schedules, circulars, pamphlets, envelopes, work sheets, and other items of miscella- neous printing; he is further authorized to have printed porte^eto"^' "" by the Public Printer, in such editions as the Director may deem necessary, preliminary and other Census bul- letins, and final reports of the results of the several inves- tigations authorized by this Act, or by the Act to estab- li^ a permanent Census Office and Acts amendatory thereof or supplemental thereto, and to publish and distribute said bulletins and reports. The supplemental acts amendatory of the Act of March M^_^^g%i third, eighteen hundred and ninety-nine, approved Feb- stat., hi sic is. ruary first, nineteen hundred. May tenth, nineteen hun- dred, June second, nineteen hundred, February twenty- third, nineteen hundred and one, are hereby repealed; and all provisions of the Act of March third, eighteen hun- dred and ninety-nine, inconsistent with this Act are hereby repealed. The Secretary of the Interior be, and he hereby is, au- „Jf °s'«"" «»• thorized and directed to transfer to the Census Office ^^K^f^^'A^^"^'-'* of the schedules, records, and volumes of reports of the " ' eleven decennial enumerations from seventeen hundred and ninety to eighteen hundred and ninety, inclusive, that may be in the possession of the Department of the Interior, which transfer shall not change the allotment of such re- ports heretofore made to Senators and Representatives; and the Director of the Census is hereby authorized, upon the request of a governor of any State or Territory, or the chief officer of any municipal government, to furnish such governor or municipal officer with copies of so much of said files or records as may be requested, at the discretion of the Director of the Census, upon payment of the actual cost of making such c9ia^e§kmm^em§e^a so received 54 DEPARTMENT OF COMMEBCE. shall be covered into the Treasury of the United States, to be placed to the credit of and in addition to the appropria- tion made for the taking of the census. jum^^wmss Estimates in detail for the expenses of the perma- smTmi nent Census Office for the fiscal year nineteen hundred and four and annually thereafter shall be submitted in the regular Book of Estimates. Thirteenth ^d ^ ccnsus of the population, agrfculture, manufao- cenniaiamsuses!' tures, and miues and quarries of the United States sM:%WeTi}^^ shall be taken by the Director of the Census in the year nineteen hundred and ten and every ten years thereafter. The census herein provided for shall include each State and Territory on the mainland of the United States, the District of Columbia, and Alaska, Hawaii, and Porto Rico. Docennrai ran- The period of three years begiiming the first day of SUS p6riOCl 6St&D" -w- t ■*■, !• ,1 ■ V II* • i ■ lished. July next precedmg the census provided tor m section im.,sec.2. ^j^g ^£ ^]^-g ^^^ shdl be known as the decennial census period, and the reports upon the inquiries provided for ia said section shall be completed and published within such period. 9*J^S?„°*?™' After June thirtieth, nineteen hundred and nine, and Adaitional ex- ■,*,-,-, . -t ' -11,1 'i ecutive force. durmg the decennial census period only, there may be Ibid., sec. s. employed in the Census Office, in addition to the force provided for by the Act of March sixth, nineteen hundred and two, entitled "An Act to provide for a permanent Census Office," an Assistant Director, w'ho shall be an experienced practical statistician; a geographer, a chief statistician, who shall be a person of known and tried experience in statistical work, an appointment clerk, a private secretary to the Director, two stenographers, and Appointment, eight expert chiefs of division. These officers, with the exception of the Assistant Director, shall be appointed without examination by the Secretary of Commerce upon the recommendation of the Director of the Census. The Assistant Director shall be appointed by the President, by and with the advice and consent of the Senate. ^Duties of offl- The Assistant Director shall perform such duties as Ibid., sec. 4. may be prescribed by the Director of the Census. In ^^ssistant Di- jjjg absencc of the Director the Assistant Director shall serve as Director, arid in the absence of the Director and Assistant Director the chief clerk shall serve as Director. cie^k.^""*™""* Tlie appointment clerk shall perform the appointment duties assigned to the disbursing clerk in section four of the Act entitled "An Act to provide for a permanent Census Office," approved March sixth, nineteen hundred oie°k.' ^ " " ' ° 2 and two. The disbursing clerk of the Census Office shall, at the beginning of the decennial census period, give additional bond to the Secretary of the Treasury in the sum of one hundred thousand dollars, surety to be approved bv. the SqUcitpr of the Treasury, which bond shaU be c(Mmiim^&ytML¥(mm.id officer shall render, BUEBAU OF THE CENSUS. 55 quarter yearly^ a true and faithful account to the proper accountmg officers .of the Treasury of all moneys and properties which shall be received by him by virtue of his office during the said decennial census period. Such bond shall be filed in the office of the Secretary of the Treasury, to be by him put in suit upon any breach of the conditions thereof. During the decennial census period the annual com- dJenntoipeSod^ pensation of the officials of the Census Office shall be iiM.,sec.B. as follows: The Director of the Census, seven thousand dollars; the private secretary to the Director, two thou- sand two hundred and fifty dollars ; the Assistant Direc- tor, five thousand dollars; the chief statisticians, three thousand dollars each; the chief clerk, two thousand five hundred dollars; the disbursing clerk, two thousand eight hundred and seventy-five dollars; the appointment clerk, two thousand five hundred dollars; the geographer, two thousand five hundred dollars; the chiefs of division, two thousand dollars each; and the stenographers provided for in section three of this Act, one thousand eight hun- dred dollars, each. In addition to the force hereinbefore provided for pIotS""^' ^™ and to that already authorized by law there may be ^o*^-. »«<:• «• employed in the Census Office during the decennial census period, and no longer, as many clerks of classes four, three, two, and one; as many clerks, copyists, computers, and skilled laborers, with salaries at the rate of not less than six hundred doUars nor more than one thousand dollars per annum, and as many messengers, assistant messen- sengers, messenger boys, watchmen, unskilled laborers, and charwomen, aS may be found necessary for the proper and prompt performance of the duties herein required, these additional clerks and employees to be appointed by ^pp"™*™™*- the Director of the Census : Provided, That the total num- Limitation. ber of such additional clerks of classes two, three, and four shall at no time exceed one hundred: And provided further, That employees engaged in the compilation or .Meoi\anicai de- tabulation of statistics by the use of mechanical devices "'^^' may be compensated on a piece-price basis to be fixed by the Director. The additional clerks and other employees provided amJStonl'''^^''' for in section six shall be subject to such special test im.,sec!7. examination as the Director of the Census may prescribe, the said examination to be conducted by the United States Civil Service Commission, the examination to be open to all applicants without regard to political party affiliations, and such examinations shall be held at such places in each State as may be designated by the Civil Service Commis- sion. Copies of the eligible registers so established and corltaf tf stfS the examination papers of all eugibles shall be furnished apportionment. the Director of the Census by the Civil Service Commis- sion, and selections therefrom shall be made by the Director of the Censu^Mj^egp/fftTOity witb_ the law of ap- portionment as now provi&a for the classified service, in 56 DEPARTMENT Ob' (JOMiViJiinjJli. All examina- the Older of rating: Provided, That hereafter all exami- be to stete'S'a^ nations of applicants for positions in the government serv- piicant. jjjg^ f J.QJJJ g^jjy State or Territory, shall be had in the State or Territory in which such applicant resides, and no per- son shall be eligible for such examination or apjpointment unless he or she shall have been actually domiciled in such State or Territory for at least one year previous to such Txibamiosis examination: Provided, however, That no person aflBicted excusion. ^^^ tuberculosis shall be appointed and that each appli- cant for appointment shall accompany his or her appli- cation with a certificate of health from some reputable Family limit, physician: Provided, however, That in no instance shall more than one person be appointed from the same family: Temporary ap- Provided, however, That when the exigencies of the service pointments. require, the Director may appoint for temporary employ- ment not exceeding sixty days' duration from the afore- said list of ehgibles those who, by reason of residence or ^^Mechanicai op- Qther conditions, are immediately available; and may also appoint for not exceeding sixty days' duration, per- sons having had previous experience in operating me- chanical appliances in census work whose efficiency records in operating such appUances are satisfactory to him, and may accept such records in heu of the civil serv- empioySs™™ith ^^® examination : And provided further. That employees in previous experi- other branches of the departmental classified service who ^''^' have had previous experience in census work may be trans- ferred without examination to the Census Office to serve during the whole or a part of the decennial census period, and at the end of such service the employees so trans- ferred, shall be eligible to appointment to positions in any Department held by them at date of transfer to the Cen- sus Office, without examination: And provided further, pemS'enf force? That during the decennial census period and no longer the Director of the Census may fill vacancies in the per- manent force of the Census Office by the promotion or transfer of clerks or other employees employed on the temporary force authorized by section six of this Act: end^? deo^SiSi -And provided further. That at the expiration of the decen- period. nial census period the term of service of all employees so transferred and of all other temporary officers and em- ployees appointed under the provisions of this Act shall terminate, and such officers and employees shall not be eligible to appointment or transfer into the classified service of the Government by virtue of their examination or appointment under tMs Act. /M^fsif «. The Thirteenth Census shall be restricted to inquiries ^^^j«'^'«M'9io(«« relating to population, to agriculture, to manufactures, Population, and to mincs and quarries. The schedules relating to population shall include for each inhabitant the name, relationship to head of family, color, sex, age, conjugal condition, place of birth, place of birth of parents, num- ber of years in the United States, citizenship, occupation, whether ot)}0tzSmp]pmi;rmcffPSP^ojee, and, if employee, whether or not employed at the date of enumeration and BUREAU OF THE CENSUS. 67 the number of months unemployed during the preceding calendar year, whether or not engaged in agriculture, school attendance, literacy, and tenure of home and whether or not a survivor of the Union or Confederate army or navy; and the name and address of each blind or g^o^"™' ®''^' deaf and dumb person; and for the enumeration of insti- ^ ^™' tutions, shall include paupers, prisoners, juvenile delin- C[uents, insane, feeble-minded, blind, deaf and dumb, and imnates of benevolent institutions.' The schedules relating to agriculture shall include name, Agricultural. color, and country of birth of occupant of each farm, ten- ure, acreage of farm, acreage of land under irrigation, acre- age of woodland, and character of timber thereon, value of farm and improvements, value of farm implements, nuihber and value of live stock on farms and ranges, num- ber and value of domestic animals not on farms and ranges, and the acreage of crops planted and to be planted during the year of enumeration, and the acreage of crops and the quantity and value of crops and other farm prod- ucts for the year ending December thirty-first next pre- ceding the enumeration. The schedules of inquiries relating to manufactures and mtaffi'^d^qw- to mines and quarries shall include the name and location nes. of each establishment; character of organization, whether individual, cooperative, or other form ; character of busi- ness or kind of goods manufactured; amount of capital actually invested; number of proprietors, firm members, copartners, stockholders, and officers, and the amount of their salaries; number of employees and the amount of their wages ; quantity and cost of materials used in manu- factures; amount of miscellaneous expenses; quantity and value of products; time in operation during the cen- sus year; character and quantity of power used, and char- . acter and number of machines employed. Inquiries shall terries addedf' also be made as to the location and character of irrigation enterprises; quantity of land irrigated in the arid region of the United States and in each State and county in that section under .state and federal laws; the price at which these lands, including water right, are obtainable; the character and value of crops produced on irrigated lands, the amount of water used per acre for said irrigation and . whether it was obtainable from national, state, or private works; the location of the various projects and method of construction with facts' as to their physical condition; the amount of capital invested in such irrigation works. The census of manufactures and of mines and quarries j^f/™^^ °' ™"- shall relate to the year .ending December thirty-first next preceding the enumeration of population and shall be confined to mines and quarries and manufacturing estab- lishments which were in active operation during all or a f)ortion of that year. The census of manufactures shall tem*'""''^ ^^^ urthermore be confined to manufacturing establishments ere ' See page 58 for joint resolution i ules to show also nationality or moi 58 DBPAETMENT OF COMMEBCB. conducted under what is known as the factory system, exclusive of the so-called neighborhood household and to^'to?tood"^' ^^^^ industries: Provided, That the census shall also in- clude an enumeration of the number of cattle, calve8, sheep, lambs, hogs, goats, and kids slaughtered for food All hides pro- purposes, and all hides produced, whether taken from ^^''^- animals slaughtered for food purposes or otherwise, dur- ing the year next preceding the year of the enumeration of population, irrespective of the character of the estab- lishment in which slaughtered or produced. roSSmTuSrT"^ The inquiry concerning manufactures shall cover the production of turpentine and rosin, and the report con- cerning this industry shall show, in addition to the other facts covered by the regular schedule of manufactures, the quantity and quality of turpentine and rosin manufac- tured and marketed, the sources, methods, and extent of the industry. cia^SqSiriM.^^^ Whenever he shall deem it expedient, the Director of the Census may charge the collection of these statistics upon special agents or upon detailed employees, to be einployed without respect to locality. quMes! °' '" The form and subdivision of inquiries necessary to se- cure the information under the foregoing topics shall be determined by the Director of the Census. m^w ton^e o'f The Schedules relating to population for the Thirteenth foreign-bom per- Decennial Census, in addition to the inquiries required Mar.24,i9io(.ss by the Act entitled "An Act to amend section eight of an Stat., 877). ^p^ ^Q provide for the Thirteenth and subsequent decen- nial censuses, approved July second, nineteen hundred and nine," approved February twenty-fifth, nineteen hundred and ten, shall provide inquiries respecting the nationahty or mother tongue of all persons born in foreign countries, and of the nationality or mother tongue of parents of foreign birth of persons enumerated. be^dSISated. '° The Director of the Census shall, at least six months sif''i)'s'fc%''^^ ^P°^ *"' ^^^ ^^*^ fixed for commencing the enumera- tion at the Thirteenth and each succeeding decennial census, designate the number, whether one or more, of supervisors of census for each State and Territory, the District of Columbia, Alaska, and Porto Kico, and shall define the districts within which they are to act; except that the Director of the Census, in his dis- cretion, need not designate supervisors for Alaska and the Territory of Hawaii, but in lieu thereof may employ Appointment, special agents as hereinafter provided. The supervisors shall be appointed by the President, by and with the Number. advice and consent of the Senate: Provided, That the whole number of supervisors shall not exceed three arS"™'""™^' hundred and thirty: And provided further. That so far as practicable and desirable the boundaries of the super- visors' districts shall conform to the boundaries of the congressional districts : And provided further, That if in any supe®p(ai^ecf- * Officers of the Army and Navy shall, as far as practi- Employment of cable, be employed ia the work of surveying the coast of offlwra!"'* ^^"^ the United States, whenever and in the manner required ^- *•' ^**''- by the Department having charge thereof. 'The Secretary of Commerce may make such allow- Allowance for ances to the officers and men of the Army and Navy, ^'^it!sTA. while employed on Coast and Geodetic Survey service, for subsistence, in addition to their compensation, as he may deem necessary, not exceeding the sum authorized by the Treasury regulation of the eleventh day of May, eighteen hundred and forty-four. [Act of August 30, 1890 (26 Stat., 382), limits this section as to subsistence of offi- cers of Navy.] And hereafter the Secretary of Commerce is author- bou^' fo/*and ized to purchase, from the appropriation for the Coast sold to empioy- and Geodetic Survey, provisions, clothing, and small remote KSim! stores for the enlisted men, and food supplies for field par- „,^'^'':?,'J,^^ ^*' ties workmg m remote localities, such provisions, clothmg, small stores, and food supphes to be sold to the employees of said Survey and the appropriation reimbursed. The salary of the Superintendent of the Coast and j^f^^^^ofsuper- Geodetic Survey shall be six thousand dollars a year. b. s., i^sb. * For pay of assistants, to be employed in the field or Asl£toi™*lupe?- office, as the superintendent may direct, one of whom intendent. may be designated by the Secretary of Commerce to act (^sesZt.ffh)'.^"' as assistant superintendent. The Coast and (Jeodetic Survey report shall be submitted ^%°^^go_ to Congress during the month of December in each year, and shall be accompanied by a general chart of the whole coasts of the United States, on as large a scale as conven- ient and practicable, showing, as near as practicable, the configuration of the coasts, and showing, by lines, the probable hmits of the Gulf Stream, and showing, by lines, the probable limits to which the soundings off the coast wHl extend, and showing, by the use of colors and expla- nations, the exact portions of our coasts, of which com- Slete charts have been published by the Coast and Geo- etic Survey; also, showmg such other parts of the coasts of which the triangulation, the topography, and the sound- ings have been completed, but not published, and, also, such parts of the coasts of which the triangulation and topography, or the triangulation only, have been com- pleted. • Digitized by Microsoft® 1 By reason of changed conditions, this provision has become inoperative. 'Included in subsequent appropriation acts. 72 DEPARTMENT OF COMMEECB. hMte^'^d^the^ "^^^ charts published by the Coast and Geodetic Sur- djsposition. vey shall be sold at cost of paper and printing as nearly st{t!^mj!!ec.7f. ^s practicable; and there shall be no free distribution of such charts except to the Departments and .officers of the United States requiring them for pubUc use; and a number of copies of each sheet, not to exceed three hundred, to be presented to such foreign governments, libraries, and scientific associations and institutions of learning as the Secretary of Commerce may direct; but on the order of Senators, Representatives, and Dele- gates not to exceed ten copies to each may be distributed through the Superintendent of the Coast and Geodetic Survey. Am^f^e (u -^^^ printing and engraving for the * * * Coast and Stat., 256). Greodetic Survey * * * shall hereafter be estimated for separately and in detail and appropriated for sepa- rately * * *. [AppUes to work done at Government Printing Office.] j^n^Fi'^mlgs [There shall be printed] of the Report of the Superin- stat.,'6isj,sec.7s. tcndcut of the Coast and Geodetic Survey, two thousand sm^lnj!^^^'^^^ eight hundred copies in quarto form, bound in one volume, two hundred for the Senate, six hundred for the House, and two thousand for distribution by the Coast and Geo- detic Survey. sm'^'em'sK^m The Secretary of Commerce may_ authorize the printing of the notices to mariners, tide tables, co.ast pilots, bulletins, and other special publications of the Coast and Geodetic Survey * * * ^ such editions as the interests of the Government and of the public may require. pendFtures."' ^^' The Secretary of Commerce shall report to Con- R.s.,m. gress annually the number and names oi the persons employed during the last preceding fiscal year upon the Coast and Geodetic Survey and busmess connected there- with; the amount of compensation of every kind respec- tively paid them, for what purpose, and the length of time employed; and shall report a full statement of all other expenditures made under the direction of the Super- intendent of the Coast and Geodetic Survey. M^r^'tod^oysteJ The _ Secretary of Commerce be, and he is hereby, teds^ ^^ ^^^^ authorized and directed, upon the request of. the gov- s«a<."2o«^, sec. i! ernor of the State of Maryland, to designate such officers, experts, and employees of the Bureau of the Coast and Geodetic Survey and of the Bureau of Fisher- ies as may be necessary to cooperate with the Maryland State board of shellfish commissioners in making a sur- vey of and locating the natural oyster beds, bars, and rocks in the waters within the State of Maryland; and the Secretary of Commerce is hereby authorized and directed to furnish to the officers, experts, and employees of said Bureaus so detailed as aforesaid such < instruments, appliances, and steam launches as may be necessaryQ(@/feeHe{)Ji;lM/@Ce«5(|§H,foresaid; and the Secre- tary of Conamerce is hereby authorized to have made UNITED STATES COAST AND GEODETIC SUEVEY. 73 in the Bureau of the Coast and Geodetic Survey all the plats necessary to show the results of the aforesaid survey and the locations of the said natural oyster beds, bars, and rocks in the waters within the State of Maryland . and to furnish to the board of shellfish commissioners of the State of Maryland such copies as may be necessary, and for this purpose to employ, m the District of Columbia and elsewhere, such technically qualified persons as may be necessary to carry out the purposes of this Act. The Secretary of Commerce is hereby further au- ^'W-. »««■ «■ thorized to have erected or constructed by the officers so detailed as aforesaid, while making said survey, such structures as may be necessary to mark the points of triangulation, so that the same may be used for such future work of the Coast and Geodetic Survey as the said Bureau may be hereafter required to perform in prose- cuting the Government coast survey of the navigable waters of the United States located within the State of Maryland. The Bureau of the Coast and Geodetic Survey and K^^-.i'ee.s. the Bureau of Fisheries be, and they are hereby, author- ized and directed to expend, under the direction of the Secretaiy of Commerce, a sum of money not exceeding fifteen thousand dollars in carrying out the purposes of this Act.^ The Secretary of Commerce be, and he is hereby, ^,1^^ ^caroital authoiized and directed, upon the request of the gov- waters. ernor of the State of North Carolina, to designate sjiff/oli/fifc.'/f such officers, experts, and employees of the Bureau of the Coast and Geodetic Survey and of the Bureau of Fisheries as may be necessary to cooperate with the North Carolina State fish commissioner in making a survey of and mark- ing in a prominent manner all those areas of the waters of the sounds and their tributaries of the State in which the use of any or all fishing appliances are prohibited by law; and the Secretary oi Commerce is hereby au- thorized and directed to furnish to the officers, experts, and employees of said bureaus so detailed as aforesaid such instruments, appliances, and steam launches as may be necessary to make the survey aforesaid; and the Sec- retary of Commerce is hereby authorized to have made in the Bureau of the Coast and Geodetic Survey all the plats necessary to show the results of the afore- said survey, and to furnish to the fish commissioner of the State of ISforth Carolina such copies as may be necessary for his use, and for this purpose to employ in the District of Columbia and elsewhere such technically qualified persons as may be necessary to carry out the purposes of this Act. The Secretary of Commerce is hereby further au- ^i'-. »«:.«. thorized to have erected or constructed by the officers so detailed as af ore^^,-^^^ fl^g^feft^(^aid survey, 1 The act of June 30, 1908 (34 Stat., 714), and subsequent acts provide additional sums to cover ilie expenses incident to carrying out the purposes of this act. 74 DEPABTMENT OF COMMBBCB, such structures as may be necessary to mark in a promi- nent and satisfactory manner the points of triangulation so that the same may be used for such future work of the Coast and Geodetic Survey as the said Bureau may be hereafter required to perform in prosecuting the Govern- ment coast survey of the navigable waters of the United States located within the State of North Carolina. Ri^ei^^ commfe' '^^^ President of the United States shall, by and with sion. the advice and consent of the Senate, appoint seven com- (2isM.,%. ^"^^ missioners, * * * one from the Coast and Geodetic Survey, * * * The commissioners appointed from the * * * Coast and Geodetic Survey shall receive no other pay or compensation than is now allowed them by law. * * * And the Secretary of Commerce shall, when requested by said Commission, in like manner detail from the Coast and Geodetic Survey such officers and men as may be necessary, and shall place in the charge and for the use of said Commission such vessel or vessels and such machinery and instruments as may be under his control and may be deemed necessary. * * * of ^ member* 'ap" That from and after the date of the approval of this Act p i n t ed from the member of said Commission appointed from the Coast detfc'sn^ey.'^^' and Geodetic Survey shall receive the same annual com- (ssTm ^'ss)^'" pensation as other civiUan members of said commission, and the excess of said compensation over and above the compensation he receives from the Coast and Geodetic Survey shaU be paid from the funds of said commission. ciifejs^^''partiM' U^^^ annual appropriation acts provyie that advances ' of money may be made to the Coast and Geodetic Survey and by authority of the Superintendent thereof to chiefs of parties, who shall give bond under such rules and regu- lations and in such sum as the Secretary of Commerce may direct, and accounts arising under such advances shall be rendered through and by the Coast and Geo- detic Survey to the "fi-easury Department as under vey^*"'*' ^"'" advances heretofore made to chiefs of parties; they also provide for furnishing points to State surveys ; and also for making special surveys that may be required by the Bureau of Lighthouses "or other proper authority."] li JwOTksi''" ''"'^' [Damaging or destroying surveying stations is made a misdemeanor by act of March 3, 1899. See page 140.] Personnel. [jjj addition to the Superintendent, mentioned on page 71 , assistants, aids, computers, draftsmen, engravers, clerks, etc., together with sufficient force to man the vessels of the Survey, are annually provided for in appropriation acts.] aeguiations. [jt^q annual appropriation acts contam a proviso that the appropriations therein made for the Coast and Geo- detic Survey shall be expended in accordance with regula-, tions relating to the Survey from time to time prescribed by the Secretary of Commerce. Under this clause various regulations and instructions have been issued in the past. A revised editiojg^ of yJiLe^gja^lations and instructions was approved by tne Department October 14, 1912, to become effective January 1, 1913.] BUREAU OF CORPORATIONS. The Bureau of Corporations was created by the organic act of the Department, approved February 14, 1903. The act authorizes the Bureau, under the direction of the Secretary of Commerce, to inves- tigate the organization, conduct, and management of the business of any corporation, joint stock company, or corporate combination engaged in interstate or foreign commerce, except common carriers subject to the interstate-commerce act; to gather such information and data as will enable the President to make recommendations to Congress for legislation for the regulation of interstate and foreign commerce ; to report the data so collected to the President from time to time as he may require, and to make pubhc such part of said information as the President may direct. It is also the duty of the Bureau, under the direction of the Secre- tary of Commerce, to gather, compile, publish, and supply useful information concerning corporations engaged in interstate or foreign commerce, including corporations engaged in insurance. The creation of the Bureau was in the nature of a response to a growing public demand for some power or tribunal which should deal with the new economic problems involved in the increased ten- dency toward concentrated ownership of the large industries of the country. The orgaaization of certain "trusts" from time to time during the eighties and earlier was followed in 1890 by the so-called Sherman antitrust law, which, however, largely on account of early decisions thereunder, resulted not so much in checking the growth of consolidations as in changing their form. In the late nineties there came the phenomenal concentration of industrial capital fre- quently referred to as the "consolidation craze." A conference was held at Chicago, known as the Chicago Trust Conference, in 1899. The Industrial Commission, created in 1898, devoted especial atten- tion in 1899 and 1900, among other subjects, to industrial combina- tions. Finally, in December, 1901, there was introduced in the United States Senate a bill "to estabUsh a Department of Com- merce." This bill, with the title amended to read Department of Commerce and Labor, was passed by the Senate in January, 1902, and referred to the House. In January, 1903, a report was sub- mitted by the House Committee on Interstate and Foreign Com- merce, in which for the first time the Bureau of Corporations was provided for. The House bill was not accepted by the Senate, but in February, 1903, a compromise bill was reported from conference 75 76 DEPARTMENT OF COMMEKCE. and speedily agreed to in both Houses. Gn February 14, 1903, it received the signature of the President. The first year of the Bureau's work was largely taken up in a close inspection of the whole field that would eventually be covered by its operations. Studies were made of action taken by the different States in the matter of corporate control and regulation, and also of statutes, constitutions, and court decisions. Preliminary investiga- tions were made of the organization and operations of certain of' the larger corporate combinations. This early work of the Bureau naturally led to the economic field rather than to the legal, as the Bureau, under the act creating it, has no powpr of remedial redress, nor was it created for the purpose of directly assisting individuals ia their private relationships to large corporations. Its investigatory work, by the terms of the organic act, is for the purpose of acquiring and transmitting to the President of the United States information concerning combinations and consohdations and their operations which will enable him to recommend legislation, and which may also, under his direction, be made pubhc through printed reports. The preparation and issuance of such reports has essentially constituted the work of the Bureau up to this time. The Bureau's investigations thus far have naturally, to a great extent, been connected with the control by corporations of the natural resources of the country. In this connection, investigations have been made of the petroleum industry, the steel industry, and the lumber industry. Another important though somewhat less ex- tensive investigation involved the control of water power. Certaia other investigations have been especially concerned with conditions involved in the sale and distribution of articles of very general con- sumption, as, for instance, those of the beef industry and the tobacco industry. Another investigation, having a vital bearing on the entire subject of waterways, was that of transportation by water, and the element of control involved in the ownership of terminals and water carriers. StiU another investigation of great pubhc importance because of its direct relation to the agricultural interests ,of the country is that of the International Harvester Co. The early study of the corporation statutes of the various States developed some- what naturally into an investigation of State taxation of corporations, in connection with which the Bureau has already submitted several parts of its report, which, when completed, will cover the entire country. The last paragraph of the act creating the Bureau and defining its duties with respect to the investigation of corporations expressly mentions corporations "engaged in insurance." In the early years of the Bureau's exm^^^^^ij^cj^Tfgji^^^eD.tion was paid to that subject. Later, it was definitely decided to abandon this field, BUREAU OF COKPOEATIONS. 77 owing to doubtful Federal jurisdiction, insurance having repeatedly been held by the Supreme Court of the United States not to be com- merce. One of the first essentials in the conduct of the work of the Bureau is the treatment of each individual investigation on its own merits with the scientific aim of ascertaining the exact facts. This results in a marked degree of discrimination and in clear definition of the particular principles involved in a given case. The vital principle involved in the Bureau's work by reason of the terms of the organic act creating it is that of publicity. The results of this publicity have been substantial. A direct and practical effect is seen in the use made of the Bureau's reports in laying the basis for constructive legislation, and again in their frequent use as the basis of judicial proceedings. A further exceedingly important result has been the corrective effect upon the interests specifically investigated. A less noticeable but perhaps even more important result of the Bureau's work has been the enlightenment of public opinion by the publica- tion of precise and carefully verified information concerning the operations of some of the large corporations. The organization of the Bureau is simple. Outside of those employees assigned to matters involving administration and accounts, and the stenographic division, the force consists, broadly speaking, of two classes — investigators and statisticians. The expert investi- gators of the Bureau, technically known as special examiners, have to a large extent either been given charge of an investigation or assigned to the most important constructive work, such as the prepa- ration of text or direction of field investigation, these men being directly responsible to the Commissioner. They have been assisted in turn by field agents or other special examiners, and by members of the clerical force assigned to particular investigations. In the main, however, the statistical work of the Bureau instead of being distrib- uted among the various investigations has been handled by a compact unit or division conducting the statistical work in general. The actual work of investigation has to a large extent devolved upon the special examiners directly in charge of such investigations, subject to constant supervision by the Commissioner. As the results of this work are drafted for publication, they are submitted to the Commissioner, who reads and revises them, and epitomizes them in the form of letters of submittal for submission to the President of the United States and with a view to publication in the press. Accompanying these letters of submittal in most instances, more- over, there has been a summary digest giving in rather more extended but still condensed form the essential facts contained in the reports. It has been found that-jthese letters of submittal and the accompany- ing summaries have reSulfea m'very widespread publicity of the 78 DEPARTMENT OF COMMERCE. results of the Bureau's work. This cooperation of the press is an exceedingly important factor. Up to this time the principal work of the Bureau has therefore been that of investigation and publicity. It has not been a bureau of record. Frequently letters of inquiry are received by the Bureau for specific information about particular corporations, evidently under the impression that the Bureau keeps a record of all corpora- tions, or at least of the larger corporations, and of the leading facts connected with their organization and operation, for general infor- mation. It is desirable to correct this impression, for such is not the case. Recommendations have repeatedly been made to pro- vide for the automatic submission to the Bureau of the leading facts concerning the organization and operation of the principal corporations engaged in interstate commerce, but thus far no action has been taken. Commissioners of Corporations, vnth dates of service. Name. From- James Eudolph Garfield . Herbert Knox Smith Lutlier Gonant, jr Jasepb E. Davies Feb. 25,1903 Mar. 5, 1907 Aug. 7,1912 May 27,1913 Mar. 4, 1907 July 18,1912 April 15, 1913 LAW PERTAINING TO THE BUREAU OF CORPORATIONS. [As modified by act of March i, 1913.] p Bureau of Cor- There shall be in the Department of Commerce a Fei. n',im (SB bureau to be called the Bureau of Corporations, and a ^ConmikioSer*' Commissioner of Corporations who shall be the head of said bureau, to be appointed by the President, who shall receive a salary of five thousand dollars per annum. mLwSer. ^°°'" There shall also be in said bureau a deputy commissioner who shall receive a salary of three thousand five hundred dollars per annum, and who shall in the absence of the Commissioner act as, and perform the duties of, the Com- missioner of Corporations, and who shall also perform such other duties as may be assigned to him by the Sec- Empioyees. retary of Commerce or hj the said Commissioner. There shall also be in the said, bureau a chief clerk and such special agents, clerks, and other employees as may be authorized by law.' mLtor"' °''"" The said Commissioner shall have power and authority to make, under the direction and control of the Secretary of Commerce, diligent investigation into the organization, conduct, and management of the business of any corpora- tion, joint stock company or corporate combination en- gaged in commerce among the several States and with except.* """^ foreign nations excepting common carriers subject to "An Act to Te^mlise^omMM&,sogfproYed February fourth, 1 The personnel of the Bureau is provided for in the annual appropriation acts. BTJEBAU OF COEPOBATIONS. 79 eighteen hundred and eighty-seven, and to gather such information and data as will enable the President of the United States to make recomniendations to Congress for legislation for the regulation of such commerce, and to report such data to the President from time to time as he shall require; and the information so obtained or as much thereof as the President may direct shall be made public. In order to accomplish the purposes declared m the thod^o^com- foregoing part of this section, the said Commissioner shall missioner. have and exercise the same power and authority in re- spect to corporations, joint stock companies and com- bmations subject to the provisions hereof, as is conferred on the Interstate Commerce Commission in said "Act to regulate commerce" and the amendments thereto in re- spect to common carriers so far as the same may be ap- plicable, including the right to subpoena and compel the ^jj^^™^ ™'* attendance and testimony of witnesses and the produc- tion of documentary evidence and to administer oaths. All the requirements, obligations, liabilities, and immuni- ties imposed or conferred by said "Act to regulate com- merce and by "An Act in relation to testimony before the Interstate Commerce Commission," and so forth, approved February eleventh, eighteen hundred and mnety-three, supplemental to said "Act to regulate com- merce," shall also apply to all persons who may be sub- poenaed to testify as witnesses or to produce documentary evidence in pm-suance of the authority conferred by this section. It shall also be the province and duty of said bureau, t^ ^j"' ^ "cmS- under the direction of the Secretary of Commerce, to pued. gather, compile, publish, and supply useful information concerning corporations doing busmess within the limits of the United States as shall engage in interstate com- merce or in commerce between the United States and any foreign country, including coiyorations engaged in instu-- po^S^"® """ ance, and to attend to such other duties as may be here- after provided by law. That under the immunity provisions in the Act en-^^^'^™"' '° titled "An Act in relation to testimony before the Inter- June^ fss)'^ state Commerce Commission," and so forth, approved^* "' February eleventh, eighteen hundred and ninety-three, in section six of the Act entitled "An Act to establish the Department of Commerce," approved February four- teenth, nineteen hundred and three, and in the Act entitled "An Act to further regulate commerce with foreign nations and among the States," approved Febru- ary nineteenth, nineteen hundred and three, and in the Act entitled "An Act making appropriations for the legislative, executive, and judicial expenses of the Gov- ernment for the fiscal year ending June thirtieth, nine- teen hundred and four, and for other purposes," approved February twenty-fifth, nineteen hundred and three, immunity shall extenWigM^^d>», Mkmeecift^Tson who, in obedience to a subpcena, gives testimony under oath or produces evidence, documentary or otherwise, under oath. BUREAU OF FISHERIES. The Bureau of Fisheries owed its inception to the widely enter- tained opinion that the fisheries in general were diminishing in value and importance on account of the intensity and methods with which they were prosecuted, a view which investigation has shown to be justified with respect to many fishes and other valuable aquatic animals. The American Fish Culturists' Association (now the Ameri- can Fisheries Society) took a leading part in advocating an investigar tion of the subject, and largely through its influence and the repre- sentations of State fishery officers Congress passed a joint resolution, approved February 9, 1871, which provided for the appointment of a Commissioner of Fish and Fisheries, who was directed to conduct investigations concerning the facts and the causes of the alleged diminution and the feasibiUty of remedial measures. This was the beginning of one of the earliest and most effective conservation move- ments undertaken by the Federal Government. Until July 1, 1903, the establishment was independent, reporting directly to Congress, and was known as the United States Commission of Fish and Fisheries, but on the organization of the Department of Commerce it was included by law in the new Department and the name was changed to its present designation. The original conception of the Bureau was a body for scientific, statistical, and practical investigation of the fisheries, and that phase of its work always has been pj-ominent; but it was soon found that to secure the practical end which dictated its formation it should be clothed with powers to make its own findings effective. This was in part accomplished by an act approved June 10, 1872, which gave authority for the propagation of food fishes, a branch of the service which has grown until at present it constitutes the larger part of the Bureau's activities. Until recently the Bureau was wholly without administrative or executive control of the fisheries, as these functions are vested in the several States within whose territorial limits the fisheries are located. There existed, and in major pai-t stUl exists, the anomalous condition of an organization national in scope but performing duties of local importance which is without power to give direct effect to some of its activities or to adequately protect the results of others. This con- dition has caused some embarrassment in places, and has often retarded the practical application of the results of investigations and experiments, but on 1i^yH^^^j|»]M;ffi^gi^@ire better than might be 80 BUREAU OF nSHBEIES. 81 expected and in many cases are highly satisfactory. Acting in an advisory capacity, the Bureau has been able to exert a powerful influence on the fisheries legislation of the States. Local authorities and interests hold its work in high regard, and, appreciating that its advice is authoritative and disinterested, frequently seek it. Mem- bers of its staff are called on to serve with and assist State commissions and, frequently, to address State legislative bodies on topics con- nected with the administration of the fisheries and to assist in the drafting of State fisheries laws. The published reports on special investigations not only contain facts the knowledge and understanding of which lie at the root of rational conservation of the aquatic resources of the States, but they often contain specific recommendations for new legislation and prac- tical criticisms of that in force. These suggestions are generally given consideration by the States. They are often enacted into law and sometimes induce complete changes in the methods of admin- istering important fisheries. By an order of the Secretary dated February 15, 1905, the Bureau for the first time became clothed with the administration and enforce- ment of fishery laws through the assumption of supervision of the salmon fisheries of Alaska,. Subsequently by law this jurisdiction was extended to all of the fisheries of Alaska. On December 28, 1908, the Alaskan fur-seal service, which since the formation of the Department had been administered through the Secretary's Ofiice, was transferred to the Bureau; and in 1910, by act of Congress and direction of the Secretary, supervision was assumed over aH of the fur-bearing animals of the Territory. The administration of the laws, regarding Alaska fish and fur-bear- . ing animals is exercised in Federal territory, and by act of Congress in 1906 the Department became charged with the duty, which is also exercised through the Bureau of Fisheries, of controlling in certain respects the sponge fishery prosecuted on the high seas off the coast of Florida. In addition to the general executive duties performed by the Commissioner of Fish and Fisheries and the Deputy Commissioner, the work of the Bureau is organized as follows: Division of Administration. — This division of the service is under the immediate direction of the chief clerk, and exercises supervision of the accounting office, the ofiice of the architect and engineer, the vessels of the Bureau, and the library, records, correspondence, and property. In this division are prepared contracts and land deeds, also plans and specifications for fish-cultural and biological stations and their related structures, and for engineering work in general. It is responsible for the purchase, maintenance, and repair oLall vessels and boats, and for accounting relative to appropriations and property. 76224°— 13 6 82 DEPARTMENT OF COMMEECE. Division of Fish Culture. — This branch of the service, under an assistant in charge, has direction of all operations connected with the artificial propagation and distribution of fishes. Its practical work in 1912 was conducted through 32 fish-cultural stations and 92 sub or field stations, located in 31 States and the Territory of Alaska, and 5 specially devised railway cars engaged in distributing their product. It is the endeavor of the Bureau to hatch and plant fishes in sufficiently large numbers to compensate for the depletion of the natural supply through the fisheries, and the volume of its output has steadily increased until in 1912 it aggregated over 3,687,000,000 fish and eggs. As the effects of fishing are more markedly manifested in circum- scribed waters, most of the hatcheries are located in the interior, where they can more readily supply the inland lakes and streams, but some also are located in the coastal States for the hatching of fishes, such as shad and salmon, which run from the sea into the rivers for the purpose of spawning, and directly on the coast for the propagation of particularly important marine species, such as the members of the cod family, flat-fishes, and lobsters. These operations have materially benefited some fisheries and have saved others from extinction. This division has also carried on particularly successful work in introduc- ing valuable fishes in waters to which they were not indigenous and in rescuing fishes from overflowed lands where the recession of the waters would leave them stranded to die. It carries on its work independently or, in cases where public interest dictates, in cooperar tion with the States. Division of Inquiry Respecting Food Fishes. — This division, under an assistant in charge, continues the work for which the Bureau origi- nally was instituted, enlarged to meet the requirements dictated by experience. The scientific work comprehensively covers the field of aquatic biology, as for a proper understanding of the requirements for the protection and fostering of the fisheries it is necessary to know not only the complete life histories of species of direct economic value, but also the habits of the food and enemies of those species and their relations to their physical and biological environments. An impor- tant feature of the work is furnishing advice and facts relating to fisheries legislation and administration. The division also conducts investigations and experiments tending directly to the increase of economic aquatic animals, especially those which, like sponges, oysters, mussels, and terrapin, are from their habits and nature not susceptible to the ordinary methods of fish culture, and in this way has added materially to the value of the fisheries. The investigations and experiments are conducted by field parties or at the biological stations, of which there are two on the Atlantic coast, one in the Mississmpi Vallev,and a fourth to be constructed on the Gulf coast. There are also one especially equipped steamer for BUREAU OF FISaEEIES. 83 deep-sea investigations, one for coastal work, and a number of smaller craft for inshore and river duty. The small permanent personnel, which is concerned chiefly with the work of more direct economic application, is supplemented as occasion requires by the employment of experts and investigators from scien- tific institutions. The facilities of the laboratories are, under certain conditions, extended to qualified independent investigators. Division of Statistics and Methods of the Fisheries. — ^Under the direction of an assistant in charge, this division performs another of the original functions of the Bureau. The first duty to which the Bureau of Fisheries was assigned, namely, the investigation of the reported decrease of food fishes in New England, necessarily involved the collection of statistics of production, personnel, and capital. Since that time this branch of the work has been con- ducted without interruption, and in it have naturally been included the various other subjects affecting the economic and commercial aspects of the fisheries. Among its functions are (1) a general survey of the commercial fisheries of the country; (2) a study of the fishery grounds with reference to their extent, resources, yield, and con- dition; (3) a study of the vessels and boats employed in the fisheries, with special reference to their improvement; (4) a determination of the utility and effect of the apparatus of capture employed in each fishery; (5) a study of the methods of fishing, for the special purpose of suggesting improvements or of discovering the use of unprofitable or unnecessarily destructive methods; (6) an inquiry into the methods of utili2iag fishery products, the means and methods of transportation, and the extent and condition of the wholesale trade; (7) a census of the fishing population, their economic and hygienic condition, nativity, and citizenship; (8) a study of inter- national questions affecting the fisheries; (9) the prosecution of inquiries regarding the fishing apparatus and methods of foreign countries. Division of AlasTca Fisheries. — This division is in charge of an assistant designated as chief, and consists of three important sub- divisions, namely, the fur-seal service, the salmon service, and the fur-bearing animal service. The fur-seal service has to do with all matters pertaining to the fur seals of Alaska and to the control of the Pribilof Islands. The islands of St. Paul and St. George were set aside as a special reserva- tion in 1869, and the entire group in 1910, and have since been continuously under Government supervision. As these islands are the only land to which the Alaskan fur seals resort, the administra- tion of the fur-seal service is concerned primarily with the care and utilization of the seals.. and, secondarily, with the maintenance and education of the natw8"^^^febitanvP§{'''^e islands, the care and 84 DEPAETMENT OF COMMERCE, utilization of the fox herds, and the protection of other animals found on the islands. The sealing privileges of the Pribilof Islands were for 40 years' leased to private companies, which paid to the Government a per capita tax on each seal killed; but since April, 1910, the Goyernment has had in its own charge the business of taking and marketing seal- skins. The seals killed for their pelts and for food for the natives' are surplus males two or three years old. The representatives of the Bureau on the seal islands include agents, physicians, school-teachers, and a naturalist. The agents are charged with local matters of administration pertaining to the seals, the foxes, the natives, and other interests. The naturalist has immediate direction of all matters relating to the study and conservation of the seal and fox herds, as well as to the education and health of the natives. Enforcement of the laws and regulations affecting all other fur- bearing animals of Alaska was imposed on the Bureau by act of Congress of April 21, 1910. This branch of the service has at present in the field a warden, deputy wardens, and special wardens, whose duties are to see that the laws enacted by Congress and the regula- tions thereunder for the protection of the fur-bearing animals are observed; to make observations and investigations regarding the abundance, distribution, and habits of the fur animals, their food, diseases, and the condition of the fur in different localities at different seasons; and to inspect, so far as is possible, the furs offered for shipment from Alaska, and to enforce the regulations concerning shipments. The salmon service, represented in Alaska by an agent, assistant agents, and an inspector, is charged with the enforcement of the laws and regulations relating to the salmon and other fisheries of Alaska, and with the inspection of fisheries, canneries, salteries, hatcheries, and other similar establishments. Other duties of this branch are to make such investigations and experiments as may be desirable or necessary for the improvement and conservation of the salmon and other fisheries. The publications of the Bureau of Fisheries consist of four series, as follows: (1) The annual report of the Commissioner and various special reports on different branches of the work; (2) the annual bulletin, which is made up of papers on miscellaneous subjects, fre- quently of a technical nature; (3) economic circulars, consisting of brief advance reports upon economic subjects to be more elaborately treated in subsequent papers, or containing information of interest to special localities or industries; (4) statistical bulletins giving, in tabu- lar form, monthly a.n^fgmiBA i&^A*J3Jei5tafif®f the quantity and value of fish and aquatic products landed at the principal fishing centers. BUREAU OF FISHEEIES. 85 The publications under the control of the Bureau are all distributed in pamphlet form as separate papers. The bound bulletins are con- gressional documents, and are distributed from the folding rooms of Congress. Commissioners of Fish and Fisheries, mth dates of service. Name. From— To— Spencer F. Baird G. Brown Goode Marshall McDonald Herbert A. Gill (chief clerk, Acting Commissioner) John J. Brice George M. Bowers Hugh M. Smith Mar. 8,1871 Sept. 1,1887 Feb. 18,1888 Sept. 2,1895 Mar. 30,1896 Feb. 16,1898 May 1,1913 Aug. 17,1887 Feb. 17,1888 Sept. 1,1895 Mar. 29,1896 Feb. 15,1898 Apr. 18,1913 LAW PERTAINING TO THE BUREAU OF FISHERIES. [As modified by acts of February 14, 1903, and March 4, 1913.] The Fish Commission and the Office of Commissioner Transfer to De- of Fish and Fisheries, and all that pertains to the same, be, Sfere™"""^""' and the same hereby are, placed under the jurisdiction and Pei>- u, i9os (s« made a part of the Department of Commerce. [Eflfec- ^^'■' ^^^' '''■ ■*■ tive July 1, 1903.] [By Department order of July 1, 1903, the name of the Name changed. Commission was changed to " Bureau of Fisheries. "] There shall be appointed by the President, by and ap''p°oT™tm'enT with the advice and consent of the Senate, a person of siary. scientific and practical acquaintance with the fish and fish- jm.'ko^ma («s eries to be a Commissioner of Fish and Fisheries, and he s'<'*->')-' shall receive a salary at the rate of five thousand doUars a year,^ and he shall be removable at the pleasure of the President. Said Commissioner shall not hold any other office or employment under the authority of the United States or any State. Hereafter in the case of the absence of the Commis- Acting com- sioner and Deputy Conmaissioner of Fisheries the Secre- ^^a^f'ms («« tary of Commerce may designate some officer of said ^'"^J^f-igi^ (as bureau to perform the duties of the Commissioner during stat., iis'e). their absence,^ The Commissioner of Fish and Fisheries shall embrace 5t^™?^92 («?• in the estimates of appropriations for the Bureau of Fish- sm., m). eries for the fiscal year eighteen hundred and ninety- four, and each year thereafter estimates for all offi- cers, clerks, and other employees whose services are per- manent and continuous in their character and deemed to be necessary for an efficient and economical execution of the appropriations for the Bureau of Fisheries. 1 Later appropriation acts fix salary at $6,000 per annum. » A Deputy Commissioner has 'i(>?ii prjviOed paf;h y^j)Jm]H®sundry civil appro- diiation act since that of March 3, i90b. ills pr&seut salary is $3,500 a year. gg DEPARTMENT OF COMMERCE. Personnel ot [The Bureau of Fisheries is provided by the annual ap- "aS«"« lotHsr propriation acts with a chief clerk at a salary of $2,400 stat.,mi. per annum; one chief of a division at $3,500; two assist- ants in charge of divisions at $2,700, and one assistant in charge of a division at $2,500 per annum, and other em- ployees necessary to maintain and opera,te the offices, fish- cultural and biological stations, distribution cars, and vessels, and to conduct scientific and statistical inves- tigations.] Duties ot Com- ^]^q commissioner of fish and fisheries shall prosecute "T Tfjifss. investigations and inquiries on the subject, with the view of ascertaining whether any and what diminution in the number of the food-fishes of the coast and the lakes of the United States has taken place; and, if so, to what causes the same is due ; and also whether any and what protective, prohibitory, or precautionary measures should be adopted m the premises; and shall report upon the same to Con- gress. Power to take -pj^g commissioner may take or cause to be taken at all E.s.,4m. times, in the waters of the sea-coast of the United States, where the tide ebbs and flows, and also in the waters of the lakes, such fish or specimens thereof as may in his judgment, from time to time, be needful or proper for the conduct of his duties, any law, custom, or usage of any State to the contrary notwithstanding. ^Hawaiian flsh- Tjje Conunissioner of Fish and Fisheries of the United ApT.so,i9oo(si States is empowered and required to examine into the Stat., ISO), sec. 94. ^^^^.^^ subjcct of fisheries and the laws relating to the fish- ing rights in the Territory of Hawaii, and report [to the Secretary of Commerce] touching the same, and to recom- mend such changes in said laws as he shall see fit. i^SSwffeh- ^^^ Commissioner of Fisheries [is authorized] to iaves- ery. tigato the method of fishing known as beam or otter stat^irti ^ ^ trawling and to report to Congress whether or not this method of fishing is destructive to the fish species or is otherwise harmful or undesirable. a^/ dStrfbutim ^ addition to the duties above prescribed the annual offoodflsiies. appropriations provide for the following: The general Scientific in- propagation and distribution of food fishes; the inquiry ^'"^' mto the cause of the decrease of food fishes in the waters of the United States, and investigations and experiments in respect to the aquatic animals, plants, and waters, in ^totisticai in- j^j^g interest of fish culture and the fishery industries; the collection and compilation of the statistics of the fisheries and the studies of their methods and relations.] me'nte^toafd?*'''" "^^ heads of the several Executive Departments shall je. s., 4397. cause to be rendered all necessary and practicable aid to the commissioner in the prosecution of his investigations and inquiries. ^statue* or ves- rpj^^ Secretary of the Navy is hereby authorized to place SM^^iBh'^"^" the "^essekp^y^^^^^^urenu of Fisheries on the same footing with the N aH^y^epartment as those of the United States Coast and Geodetic Survey. BUEEAU OP PISHBEIES. 87 The Secretary of the Treasury is authorized to detail ^^ to^°ii® ™^ from time to time for duty under the Commissioner of ""L" *', isss («s Fish and Fisheries any officers and men of the Revenue *'°'' '*'^*'- Marine Service whose services can be spared for such duty. AH necessary hospital and ambulance service * * * j^sospitai serv- on vessels of the Bureau of Fisheries shall be performed ^"june ir, ms by the members of said corps [naval hospital]. '^^ ^*'"' '*'^^- [By act of May 26, 1906, the Secretary is directed, upon^j'^^oyjfj™ the request of the governor of the State of Maryland, to state Board of designate such officers, experts, and employees of the Sissionerl °'""" Bureau of Fisheries as may be necessary to cooperate g(^''*3'**(*'* with the Maryland State Board of Shell-Fish Commis- sioners in making a survey of the natural oyster beds, bars and rocks in the waters within the State of Mary- land. (See p. 72.)] [By actof March 4, 1909, the Secretary ia directed, upon^{J°°jP;|.;;^J^°° the request of the governor of the State of North Carolma, "na state esh to designate such officers, experts, and employees of the'"'™r.T,°S(S5 Bureau of Fisheries as may be necessary to cooperate with **"'•• '"*•*'• the North Caroliaa State fish commissioner in making a survey of the waters of the State in which the use of any or all fishing appliances are prohibited by law. (See p. 73.)] After the completion and return of the enumeration ^j^if^„|^g**^™ and of the work upon the schedules relating to the reau in coueoting products of agriculture and to manufacturing and iae-^*'^jun^', im m chanical establishments provided for in section seven oistat.,Bi8). the Act of March third, eighteen hundred and ninety-nine, entitled "An Act to provide for taking the Twelfth and subsequent censuses, the Director of the Census is hereby authorized decennially to collect statistics relating to the * * * fishing industry in cooperation with the Bureau of Fisheries. The Commissioner of Fish and Fisheries shall submit exp*en*ditu?e's tor to Congress at its next session a detailed statement of propagation. the expenditures for the fiscal year eighteen hundred and s(if"s«).'**' ^^^ eighty-seven under aU appropriations for "propagation of food-fishes ; " and annually thereafter a detailed state- ment of expenditures under all appropriations for " prop- agation of food-fishes " shall be submitted to Congress at the beginning of each session thereof. Distribution of duplicate [natural history] specimens of sp°ctaiens."°° "' tl^g * * * Bureau of Fisheries may be made to col- ^^uy-^iss^ (« leges, academies, and other institutions of learning upon '' the payment by the recipients of the cost of preparation for transportation and the transportation thereof. [Dis- tribution is made from National Museum.] Facilities for study and research in the Government jji; Research facil- ities. Departments, * * * the Bureau of Fisheries, * * * s^^fP^g'/gi'^^^'-'^ and similar institutions hereafter established shall be "iHr. s, 'mi (,si afforded to scientific mvestiga tors and to duly qualified ^'"'•' ^''**>- individual, students, and graduates of institutions of 88 DEPARTMENT On uumivijiitoji. learning in the several States and Territories, as well as in the District of Columbia, under such rules and restric- tions as the heads of the Departments and Bureaus men- tioned may prescribe. Kshways oyer I ^j^g persons owning or operating any such dam, or June SI, 1906 (S4 accessory works, subject to the provisions of this Act, ^*june2s'm6{ss shall maintain, at their own expense, * * * such Stat., mi sec. s. fighways as the Secretary of Commerce shall prescribe, and for failure so to do m any respect shall be deemed guilty of a misdemeanor and subject to a fine of not less than five hundred dollars, and each month of such failure shall constitute a separate offense and subject such per- sons to additional penalties therefor. jan^uj^mss [There shall be printed] of the Keport of the Commis- SM.,en),aec.n. sioner of Fish and Fisheries eight thousand copies; two thousand for the Senate, four thousand for the House, and two thousand for distribution by the Bureau of Fisheries.^ [There shall be printed] of the Bulletins of the Bureau of Fisheries five thousand copies; one thousand for the Senate, two thousand for the House, and two thousand for distribution by the Bureau. PEOTECTION OF FUR-SEAL AND OTHER FUR -BEARING ANIMALS OF ALASKA. »„??''^?*^i?^'l' [The Commissioner of Fish and Fisheries is charged crlcS 01 AlaSKa ' ii ii i j •■ iii placed under di- witxi the general management, supervision, and control mi^?°ne?ot FiS- o^ ^^^ executiou, enforcement, and administration of the ^"^Departmeia or- ^^^^ relating to the fur-seal fisheries of Alaska.] ier£ec.2s,im. rpj^^ Commissioner of Fish and Fisheries is authorized twn^^ ™^''^"^°" ^"^^ required to investigate, under the direction of the Mar. s, ms {27 Secretary of Commerce, and when so requested and report Stat., 681). annually to him regarding the conditions of seal life upon the rookeries of the Pribilof Islands; and he is also directed to continue the inquiries relative to the Ufe history and migrations of the fur seals frequenting the waters of Bering Sea. Creation of Di- [The Division of Alaska Fisheries in the Bureau of Fisherira ^^^^ Fisheries was created by the sundry civil appropriation SM^Jitsay^ («« act of March 4, 1911.] Aiasija seal * The Secretary of Commerce shall have power to ^^seTr^elfr^y o t authorize the killing of fur seals and the taking of seal- commerce to skins ou the Pribilof Islands, in Alaska, under regula- tor'^kiulngf'et^! tions established by him prescribing the manner in which ^^^pr Bt 1910 (se ®^°^ kUUng shall be done and limiting the number of Stat., m], sec. 1. seals to be killed, whenever he shall determine that such killing is necessary or desirable and not inconsistent with the preservation of the seal herd : Provided, however, 1 The Secretary of Commerce on May 19, 1910, delegated to tlie Commissioner of Fisli and Fisheries the authority herein prescribed relative to flshways. " Theprintingof the aimual report as a congressional document has been discontinued. s By act of ATit.'ist 2-",, ip; 2 , slf l.i/l icj of f-r j.ials on the Pribilof Islands, or anywhere within the jurisdiouon of the Unitea States m Alaska, is suspended for a period of five years, except such annual killing of male seals on the Pribilof Islands as are needed to supply food, clothing, and boat skins for the natives on the islands. (See p. 103.) BUBEAU OF FISHERIES. 89 That under such authority the right of killing fur seals offldSs^ete^ * ° and taking sealskins shall be exercised by officers, agents, "' '* ' or employees of the United States appointed by the Sec- retary of Commerce, and by the natives of the PribUof Islands under the direction and supervision of such officers, agents, or employees, and by no other person: And promded further, That male seals only shall be killed Limit, and that not more than ninety-five per centum of three- year-old male seals shall be kiUed in any one year. Any and all sealskins taken under the authority con- f^J|^',ec « ferred by the preceding section shall be sold by the Secretary of Commerce in such market, at such times, and in such manner as he may deem most advantageous; and the proceeds of such sale or sales shall be paid into the Treasury of_ the United States: Provided, That the t^^^JI^Jig^f '"" directions of this section, relating to the disposition of seal skins and the proceeds thereof, shall be subject to the g revisions of any treaty hereafter made by the United tates for the protection of seal life. Whenever seals are kUled and sealskins taken on any pribuof°n™fves?^ of the Piibilof Islands the native inhabitants of said ibid.,sec.s. islands shall be employed in such killing and in curing the skins taken, and shall receive for their labor fair compen- compensation. sation, to be fixed from time to time by the Secretary of Commerce, who shall have the authority to prescribe by regulation the maimer in which such compensation shall be paid to the said natives or expended or otherwise used in their behalf and for their benefit. No person shall kill any otter, mink, marten, sable, or and'^iSler* to- fur seal, or other fur-bearing animal, within the limits of beMine animals Alaska Territory or in the waters thereof; and every per- bidden.^ * '"' son guilty thereof shall, for each offense, be fined not less ^ar's^im (.so than two hundred nor more than one thousand dollars or stat., 'im), sec. imprisoned not more than six months, or both; and all Apr. si wo (se vessels, their tackle, apparel, furniture, and cargo found *'"'•' ***5.«cc. ^. engaged in violation of this section shall be forfeited; but Punishment. the Secretary of Commerce shall have power to author- se^ret^ry JS com^ ize the killing of any such mink, marten, sable, fur seal,^ merce. or other fur-bearing animal under such regulations as he may prescribe; and it shall be the duty cf the Secre- mfg^rkming. °' tary or Commerce to prevent the killing of any fur seal except as authorized by law and to provide for the exe- cution of the provisions of this section untU it is other- wise provided by law. The Pribilof Islands, including the islands of Saint Paul ^Sf'a' spS and Saint George, Walrus and Otter Islands, and Sea Lion re^rvation. Rock, in Alaska, are declared a special reservation for on unlawful.^ "' f government purposes; and until otherwise provided by ^ar'.'s'fim (so aw it shall be imlawful for any person to land or remain stat, 'im), sec. on any of those islands, except through stress of weather ^Apr.it,i9W(se or like unavoidable cause or by the authority of the Sec- SM.,sB6),sec.e. retary of Commerce; and any person found on any of Punishment. 1 See act of Aaeat)mm^9i£mmi§l£B^Oltm of fur seals (p. 100). 90 DEPABTMENT OF (JUiVifflEKDB; those islands contrary to the provisions hereof shall be siimmarily removed and shall be deemed guilty of a mis- demeanor, punishable by fine not exceeding five hundred dollars or by imprisonment not exceeding six months, or by both fine and imprisonment; and it shall be the duty of the Secretary of Commerce to carry this section into effect. Restriction on j^ shall be unla^wful to kiU any fur seal upon the Pribi- ™ri.fjslo. lof Islands, or in the waters adjacent thereto, except under SM'"'fdf^sec. the authority of the Secretary of Conunerce,' and it shall m.'' ^ ^'^^^ be unlawful to kill such seafa by the use of firearms or staulmisec.B. by other means tending to drive the seals away from Exception to thosc islands; but the natives of the islands shall have natives. the privilege of killing such young seals as may be neces- sary for their own food and clothing, and also such old seals as may be required for their own clothing and for the manufacture of boats for their own use; and the kill- ing in such cases shall be limited and controlled by such regulations as may be prescribed by the Secretary of Commerce. Restriction on \% shall be Unlawful to kill any female seal or any seal seS^etc.' '^'"™^les3 than one year old at any season of the year, except as ■|j.®-'/^^gg (30 above provided; and it shall also be unlawful to kill any SM., '1280), sec. seal in the waters adjacent to the Pribilof Islands, or on ^^^pr.2/,i9/o(sethe beaches, cHffs, or rocks where they haul up from the stat.,s26),sec.7. ggg^ ^q remain; and every person who violates the pro- Punisiiment. visions of this or the preceding section shall be punished for each offense by a fine of not less than two hundred doUars nor more than one thousand dollars or by impris- onment not more than six months, or by both such fine and imprisonment; and aU vessels, their tackle, apparel, and furniture, whose crews are found engaged in the vio- lation of either this or the preceding section shall be for- feited to the United States. Additional offl- The Secretary of Conomerce shall have authority to cers, etc., autlior- ., ijj"j_* izc x i i ized. appomt such additional omcers, agents, and employees lud., sec. 9. ^g may be necessary to carry out the provisions of this Act and the laws of the United States relating to the seal fisheries of Alaska, to prescribe their duties and to .Purchase "'fix their compensation; he shall hkewise have authority iMsee,etc.^™^°° to purchase from the present lessee of the right to take seals on the islands of Saint Paul and Saint George, at a fair valuation to be agreed upon, the warehouses, salt houses, boats, launches, lighters, horses, mules, wagons, and other property of the said lessee on the islands of Saint Paul and Saint George, including the dwellings of Maintenance of the natives of Said islands; he shall hkewise have authority epots, etc. ^^ estabhsh and maintain depots for provisions and sup- pHes on the Pribilof Islands and to provide for the trans- f)ortation of such provisions and suppHes from the main- and of the United States to the said islands by the charter of private vessels or by the use of pubhc vessels of the Umted States which may be placed at his disposal by the nauvel' "'"■' '"F^^jidentpgiJ^^l hkewij^aye authority to funush food, shelter; fuel, dothing, ana other necessaries of ufe ' See note 3, page 88. BTJEEAU OF PISHBEIES. 91 to the native inhabitants of the PribUof Islands and to provide for their comfort, maintenance, education, and protection. Sections nineteen hundred and sixty-two, nineteen hun- R. s., 1962-1972, dred and sixty-three, nineteen hundred and sixty-four, ^^iiS!fsS^i6. nineteen hundred and sixty-five, nineteen himdred and sixty-six, nineteen hundred and sixty-seven, nineteen hundred and sixty-eight, nineteen hundred and sixty- nine, nineteen hundred and seventy, nineteen hundred and seventy-one, and nineteen hundred and seventy-two of the Revised Statutes of the United States, and all Acts and parts of Acts inconsistent with this Act are hereby repealed. The provisions of this Act shall take effect e"*'''- from and after the first day of May, nineteen hundred and ten; and there is hereby appropriated, out of any money Appropriation. in the Treasury not otherwise appropriated, the sum of one hundred and fifty thousand dollars for carrying into effect the provisions of this Act. Whereas a Treaty between the United States of g^^/j^^^^^-^Pp™^ America and the United Kingdom of Great Britain andtection. Ireland providing for the preservation and protection of ar^eat%ritain, fur seals, was concluded and signed by their respective l"^*- ^j 'g^'J J-^J^ Plenipotentiaries at Washington on the seventh day ofpreamwi. ' February, one thousand nine hundred and eleven, the original of which Treaty is word for word as follows: The United States of America and His Majesty thep„^»°*"-"«"°8 "King of the United Elingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, being desirous of adopting effective measures for the preservation and protection of the fur seals, have resolved to conclude a treaty for that purpose and to that end have named as their Plenipotentiaries: The President of the United States of America, Phi- J^I'^'p"**""*- lander C. Knox, Secretary of State of the United States; and His Britannic Majesty, the Right Honorable James Bryce, O. M., his Ambassador Extraordinary and Pleni- potentiary at Washington; Who, having communicated to each other their respec- tive full powers, which were found to be in due and proper form, have agreed to and concluded the following Articles : The High Contracting Parties mutually and recipro- j^^J^f^" g'g^*'^J| cally agree that their citizens and subjects, respectively, North Paciflc and an persons subject to their laws and treaties, and xr°?" their vessels shall be prohibited while this Article remains in force from engaging in pelagic sealing in that part of the Behring Sea and North Pacific Ocean north of the thirty-fifth degree of north latitude and east of the one hundred and eightieth meridian, and that every such Enforcement. person or vessel offending against this prohibition may be seized and detained by the naval or other duly com- missioned officers of either oi' the High Contracting Par- ties, but they shall be delivered as soon as practicable to 92 DEPARTMENT OJt' (JOMMEKUK. the authorities of the nation to which they respectively belong, who alone shall have jurisdiction to try the offense and impose the penalties for the same, the witnesses and proof necessary to establish the offense being also sent with them, or otherwise furnished to the proper jurisdic- tional authority with all reasonable promptitude; and they agree, further, respectively, to prohibit during 4lie same period the use of any United States or British port by any persons for any purposes whatsoever connected with the operations of pelagic sealing in said waters, and to prohibit during the same period the importation or bringing of any fur-seal skins taken in such pelagic seal- ing into any United States or British port, and by the necessary legislation and enforcement of appropriate penalties thereunder to make such prohibitions effective. to^olst^^dilSl* Such prohibitions, however, shall not apply to Indians dwelling on the coasts of the territory of the United States or of Great Britain and carrying on pelagic sealing in canoes not transported by or used in connection with other vessels, and propelled wholly by paddles, oars, or sails, and manned by not more than five persons each, in the way hitherto practiced by the Indians, without the use of firearms, provided such Indians are not in the em- ployment of other persons, nor under contract for the delivery of the skius to any person. iio?*bSnds ^eti''' '^^® United States agrees that one-fifth (Vs) in number divided. ' ' and in value of the total number of sealskins taken an- Art. II. nually upon the Pribilof Islands, or any other islands or shores of the waters above defined, subject to the juris- diction of the United States, to which the seal herd now frequenting the Pribilof Islands hereafter resorts, shall be delivered at the end of each season to an authorized agent of the Canadian Government in the Pribilof Islands: Provided,, however, That nothing herein contained shall restrict the right of the United States at any time and from time to time to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdic- tion, and to impose such restrictions and regulations upon the total number of skins to be taken in any season and the maimer and times and places of taking them as may seem necessary to protect and preserve the seal herd or to increase its numbers. mm't™to* (Sat ^^ ^^ further agreed that as soon as this Article goes into Britain effect the United States shall pay to Great Britain the ' sum of two hundred thousand dollars ($200,000) as an advance payment in lieu of such number of fur-seal skins, to which Great Britain would be entitled under the pro- visions of this treaty, as would be -equivalent to that amount reckoned at their market value at London at the date of delivery, before dressing or curing ^nd less cost of transportation from the Pribuof Islands; such market value in case of dispute to be determined by an umpire to be agreednraj^gefeOfj^iW/S^/fentractuig Parties, which skins shall Be retained by the United States in satisfac- tion of such payment. BUEEAU OF FISHEEIES. 93 The United States further agrees that Great Britain's of'^Lteht^Grelt share of the sealskins taken on the Pribilof Islands shall Briteta. ° '** not be less than one thousand (1,000) in any year even if such number is more than one-fifth of the number to which the authorized killing is restricted in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United States for all f)urposes except to supply food, clothing, and boat skins or the natives on the islands, in which case the United j^ij'?!""^"*^^^™ States agrees to pay to Great Britain the sum of ten thou- ited. ^" ' sand dollars (S10,000) annually in lieu of any share of skins during the years when no killing is allowed, and Great Britain agrees that after deducting the skins of Great Britain's share which are to be retained by the United States as above provided to reimburse itself for the ad- vance payment aforesaid, the United States shall be en- titled to reimburse itself for any annual payments made as herein required, by retaining an additional number of sealskins from Great Britain's share over and above the specified minimum allowance of one thousand (1,000) skins in any subsequent year or years when killing is again resumed, until the whole number of the skins so retained shall equal, reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate of four (4) per cent per annum. If, however, the total number of seals frequenting the ^hen^lerd^'ieM Pribilof Islands in any year f aUs below one hundred thou- than 100,000. sand (100,000), enumerated by ofiicial count, then all kill- ing, excepting the inconsiderable supply necessary for the support of the natives, as above noted, may be sus- pended without allowance of skins or payment of money equivalent until the number of such seals again exceeds one hundred thousand (100,000), enumerated in like mannet. The term "pelagic sealing," as used herein, is defined to defl^l*!.*" ^^"°^ be the killing, capturing, or pursuing in any manner what- -An. iv. soever of fur seals at sea, outside territorial waters. The lEgh Contracting Parties agree that they will each p^^^'S™"* "' maintain a guard or jpatrol in the waters of the North -^rt. v. Pacific Ocean and Behring Sea so far as may be necessary for the enforcement of the aforesaid prohibitions. — - • .... ... . ~. . Ineflectoncon- The foregoing Articles shall go into effect as soon as, ctaion^oV inter- but not before, an international agreement is concluded °ati™ai agree- and ratified by the Governments of the United States, '^m. yi. Great Britain, Japan, and Russia, by which each of those powers shall undertake, by such stipulations as may be mutually acceptable, to prohibit for a period of not less than fifteen years, its own citizens or subjects, and all persons subject to its laws and treaties, from engaging in pelagic sealing in waters including the area defined in Article I, and effectively to enforce such prohibition. The foregomg Articles of this treaty shall continue in duration. force during the perio^/glf/H^q^ ftlj^ry^ftMilJfrom the day on which they go into effect and thereafter until termi- 94 DEPAETMBKT OH L!UiVimJiJl,Ui, nated by twelve (12) months' written notice given by either the United States or Great Britain to the other, which notice may be given at the expiration of fourteen years or at any time afterwards. Cooperation of "pho High Contracting Parties engage to cooperate with be'ufge^"'^^'^ ° each other in urging other powers whose subjects or citi- Art. VII. ^gj^g j^^j ^Q concerned in the fur-seal fisheries to forego, In virtue of appropriate arrangements, the exercise of the right of pelagic sealing, and also to prohibit the use of their ports and flag in the furtherance oi pelagic seaUng within the areas covered by such arrangement. Exchange ot fphis treaty shall be ratified by the President of the ^ATt^vm. United States, by and with the advice and consent of the Senate thereof, and by His Britannic Majesty; and rati- fications shall be exchanged in Washington as soon as practicable. ex?hln ed^tto"^ [Signed at Washington, February 7, 1911; ratification *^prwfamaum. advised bv the Senate, February 15, 1911; ratified by the President, March 6, 1911; ratified by Great Britain, April 20, 1911; ratifications exchanged at Washington, July 7, 1911; proclaimed, December 14, 1911.] rotecWo™oMur Whereas a Convention between the United States of ieais."'"" ° "America, Great Britain, Japan and Eussia providii^ GreatBntain!j^ioT the preservation and protection of the fur seals which p™>«»^^^«^«^^ frequent the waters of the North Pacific Ocean, was stat.,pi.£, p. 7S), concluded and s^ed by their respective Plenipoten- preambie. tiaries at Washington, on the 7th day of July, one thou- sand nine hundred and eleven, the original of which Convention, being in the English language, is word for word asfoUows: owers*'^"°^ The United States of America, His Majesty the Kin^ ^ ^' of the United Kingdom of Great Britain and Ireland, and of the British Dominions beyond the Seas, Emperor of India, His Majesty the Emperor of Japan, and His Majesty the Emperor of aU the Eussias, being desirous of adopting effective means for the preservation and protection of the fur seals which frequent the waters of the North Pacific Ocean, have resolved to conclude a Convention for the purpose, and to that end have named as their Plenipotentiaries: ^pienipotentia. The Presid!ent of the United States of America, the Honorable Charles Nagel, Secretary of Commerce of the United States, and the Honorable Chandler P. Anderson, Counselor of the Department of State of the United States; His Britannic Majesty, the Eight Honorable James Bryce, of the Order of Merit, his Ambassador Extras ordinary and Plenipotentiary at Washington, and Joseph Pope, Esquire, Commander of the Eoyal Victorian Order and Companion of the Order of St. Michael and St. George, Under Secretary of State of Canada for External Affairs: His Majesty the Emperor of Japan, Baron Yasuya Uchida, MkmM,lmMmomm>n of the Imperial Order BUEEAU OF FISHEEIES. 95 of the Rising Sun, his Embassador Extraordinary and Plenipotentiary at Washin|pton; and the Honorable Hitoshi Dauk6, Shoshii, Third Class of the Imperial Order of the Rising Sun, Director of the Bureau of Fish- eries, Department of Agriculture and Commerce; His Majesty the Emperor of all the Russias, the Hon- orable Pierre Botkine, Chamberlain of His Majesty's Court, Envoy Extraordinary and Minister Plenipoten- tiary to Morocco, and Baron Boris Nolde, of the Foreign Office; ' ^ Who, after having communicated to one another their respective fuU powers, which were found to be in due and proper form, have agreed upon the following articles : The High Contracting Parties mutually and recip- jj^^^'^fig ^^^e rocaUy agree that their citizens and subjects respectively, ocean, etc mu- and all persons subject to their laws and treaties, and*"l"{^™ **"^" their vessels, shall be prohibited, while this Convention remains in force, from engaging in pelagic sealing in the waters of the North Pacific Ocean, north of the thirtieth parallel of north latitude and including the Seas of Bering, Kamchatka, Okhotsk and Japan, and that every such EnJorcement. Eerson and vessel offending against such prohibition may e seized, except within the territorial jurisdiction of one of the other Powers, and detained by the naval or other duly commissioned officers of any or the Parties to this Convention, to be deUvered as soon as practicable to an authorized official of their own nation at the nearest point to the place of seizure, or elsewhere as may be mutually agreed upon; and that the authorities of the nation to vwiich such person or vessel belongs alone shall have jurisdiction to tiy the offense and impose the penalties for the same; and that the witnesses and proofs necessary to establish the offense, so far as they are under the con- trol of any of the Parties to this Convention, shall also be furnished with all reasonable promptitude to the proper authorities having jurisdiction to try the offense. Each of the High Contracting Parties further agrees p^Ywbited. ^"^ that no person or vessel shall be permitted to use any of -irt. ii. ' its -ports or harbors or any part of its territory for any purposes whatsoever connected with the operations of pelagic sealing in the waters within the protected area mentioned in Article I. Each of the High Contracting Parties further agrees 3k^^""JJSfa?^^ that no sealskins taken in the waters of the North Pacific takm not per- Ocean within the protected area mentioned in Article I, '^ah. in. and no sealskins identified as the species known as Cat- lorhinus cdascanus, CaUorhinus ursmus, and CaUorhinus Tcurilensis, and belonging to the American, Russian or Japanese herds, except such as are taken under the au- thority of the respective Powers to which the breeding grounds of such nerds belong and have been officially marked and certified as having been so taken, shall be permitted to be impo£K)9tf;29ty%)l*gM)i®te©the territory of any of the Parties to this Convention. 96 DEPARTMENT OF COMMERCE. ei^wrom^ ro ^^ ^^ further agreed that the provisions of this Conven- h"?tions. tion shall not apply to Iiftians, Ainos, Aleuts, or other "*'^'' '^' aborigines dwellmg on the coast of the waters mentioned in Article I, who carry on pelagic Sealiag in canoes not trans- ported by or used in connection with other vessels, and Eropelled entirely by oars, paddles, or sails, and manned y not more than five persons each, in the way hitherto practiced and without the use of firearms,- provided that such aborigines are not in the employment of other per- sons or under contract to deliver the skins to any person. Kiiung sea ot- Each of the High Contracting Parties agrees that it *^Srry!°'°''' wiU not permit its citizens or subjects or their vessels to kiU, capture or pursue beyond the distance of three miles from the shore une of its territories sea otters in any part of the waters mentioned in Article I of this Convention, beeni^ted™ *° Each of the High Contracting Parties agrees to enact Art. VI.' and enforce such legislation as may be necessary to make efifective the forfegoing provisions with appropriate pen- alties for violations thereof. mSntataed" ^ ^^ ^ agreed on the part of the United States, Japan, and Art. VII.' Russia mat each respectively will maintain a guard or patrol in the waters frequented by the seal herd in the pro- tection of which it is especially interested, so far as may be necessary for the enforcement of the foregoing provisions. tto"*t? preveS .^ of t^e High Contractmg Parties agre'e to cooperate pelade se^ng. with each other in taking such measures as may be appro- priate and available for the purpose of preventing pelagic sealing in the prohibited area mentioned in Article I. detoeT" ^^^'°^ '^^® teTUi. pelagic sealing is hereby defined for the pur- Art. ix. poses of this Convention as meaniag the killing, capturing or pursuing in any manner whatsoever of fur seals at sea. cateh'on MbiiSf The United States agrees that of the total number of Islands sealskins taken annually under the authority of the United States upon the Pribilof Islands or any other islands or shores of the waters mentioned in Article I subject to the jurisdiction of the United States to which any seal herds hereafter resort, there shall be delivered at the Pribilof Islands at the end of each season fifteen per cent (15%) gross in number and value thereof to an authorized agent of the Canadian Government and fif- teen per cent (15%) gross in number and value thereof to an authorized agent of the Japanese Government; ^.SMpension oi provided, however, that nothing herein contained shall ' "'^' restrict the right of the United States at any time and from time to time to suspend altogether the taking of sealsldns on such islands or shores subject to its jurisdic- tion, and to impose such restrictions and regulations upon the total number of skins to be taken in any season and the manner and times and places of taking them as may seem necessary to protect and preserve the seal herd or to increase its number. Tntnt'lT^nald The United States further agrees to pay the sum of two |tate|^to^ Great hundred 1Sigii^a:^!^MiSf@s^^0,000) to Great Britain ^r^ain an a- ^^^ ^j^^ ^^^ ^^ ^^^ hundred thousand dollars ($200,000) Art. XI. to Japan when this Convention goes into effect, as an BUREAU OF FISHERIES. 97 advance payment in each case in lieu of such number of fur-seal skins to which Great Britain and Japan respec- tively would be entitled under the provisions of this Con- vention as would be equivalent in each case to two hun- dred thousand dollars ($200,000) reckoned at their mar- ket value at London at the date of their delivery before dressing and curing and less cost of transportation from the Pribilof Islands, such market value in case of dispute to be determined by an umpire to be agreed upon by the United States and Great Britain, or by the United States and Japan, as the case may be, which skins shall be re- tained by the United States in satisfaction of such pay- ments. The United States further agrees that the British and of''* ^"2™ hoS Japanese share respectively of the sealskins taken from American herd to the American herd under the terms of this Convention Fap^f "*™*°'* shall be not less than one thousand (1,000) each in any year even if such number is more than fifteen per cent (15%) of the number to which the authorized killing is restricted in such year, unless the killing of seals in such year or years shall have been absolutely prohibited by the United States for all purposes except to supply food, clothing, and boat skins for the natives on the islands, in which case the United States agrees to pay to Great j^ ?j^^8"' ^i^™ Britain and to Japan each the sum of ten thousand dollars ubited." ^ ^'°' ($10,000) annually in Heu of any share of skins during the years when no killing is allowed; and Great Britain agrees, and Japan agrees, that after deducting the skins of their respective shares, which are to be retained by the United States as above provided to reimburse itself for the advance payment aforesaid, the United States shall be entitled to reimburse itseK for any annual payments made as herein required, by retaining an additional num- ber of sealskins from the British and Japanese shares re- spectively over and above the specified minimum allow- ance of one thousand (1,000) skins in any subsequent year or years when killing is again resumed, until the whole number of skins retained shall equal, reckoned at their market value determined as above provided for, the entire amount so paid, with interest at the rate of four percent (4%) per annum. If, however, the total number of seals frequenting the^^g^^^^^^^'j^^ United States islands in any year falls below one hundred than 100,000. thousand (100,000), enumerated by ofiicial count, then all killin g, excepting the inconsiderable supply necessary for the support of the natives as above noted, may be suspended without allowance of skins or payment of money equivalent until the number of such seals again exceeds one hundred thousand (100,000), enumerated in like maimer. It is agreed on the part of Russia that of the total num- of^'Sr fom ber of sealskins taken annually upon the Commander g^^*^ .^F^ to Islands, or any other island. 01 siioies ^owBYBT, the total number of seals frequenting the than 18,000. Russian islands in any year falls below eighteen thousand (18,000) enumerated by official count, then the allowance of skins mentioned above and aU killing of seals except such as may be necessary for the support of the natives on the islands may be suspended until the number of such seals again exceeds eighteen thousand (18,000) enumerated in hke manner. of catchfr^^ja™ "'-* ^® agreed on the part of Japan that of the total num- anese herd to her of sealskins taken annually upon Robben Island, or * G^eat*^ Britato; any Other islands or shores of the waters defined in Article *"irt"jSf/ ^ subject to the jurisdiction of Japan to which any seal herds hereafter resort, there shall be delivered at Robben Island at the end of each season ten per cent (10%) gross in number and value thereof to an authorized agent of the United States Government, ten per cent (10%) gross in number and value thereof to an authorized agent of the Canadian Government, and ten per cent (10%) gross in number and value thereof to an authorized agent of the firet^veTears/"'^ -^"^^^^^ Government; provided, however, that nothing herein contained" shall restrict the right of Japan at any time and from time to time during the first five years of the term of this Convention to suspend altogether the taking of sealskins on such islands or shores subject to its jurisdiction, and to impose during the term of this Con- vention such restrictions and regulations upon the total number of skins to be taken in any season, and the manner and times and places of taking them as may seem neces- sary to preserve and protect the Japanese herd, or to yZil '^* *™ increase its number^ but it is agreed, nevertheless, on the BUREAU OF FISHERIES. 99 part of Japan that during tlie last ten years of the term of this Convention not less than five per cent (5%) of the total number of seals on the Japanese rookeries and haul- ing grounds will be kUled annually, provided that said five per cent (5%) does not exceed eignty-five per cent (85%) of the three-year-old male seals hauhng in such year. If, however, the total number of seals frequenting the^^g^^^®°s',<>i Japanese islands in any year falls below six thousand five thau'e.soo! ^* hundred (6,500) enumerated by ofiicial*count, then the allowance of skms mentioned above and all kiUing of seals except such as may be necessary for the support of the natives on the islands may be suspended until the number of such seals again exceeds six thousand five hundred (6,600) enumerated in like manner. It is agreed on the part of Great Britain that in case any ^^^ ^J, ||J^ seal herd hereafter resorts to any islands or shores of the ish possessions" waters defined in Article I subject to the jurisdiction of ^"" "^^^" Great Britain, there shall be delivered at the end of each season during the term of this Convention ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the United States Government, ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the Japanese Government, and ten per cent (10%) gross in number and value of the total number of sealskins annually taken from such herd to an authorized agent of the Russian Government. It is further agreed between the United States and^^^^^°^'<>™^^'^ Great Britain that the provisions of this Convention shall Art.'xv. supersede, in so far as they are inconsistent therewith or in duplication thereof, the provisions of the treaty relating to the fur seals, entered into between the United States and Great Britain on the 7th day of February, 1911.' This Convention shall go into effect upon the 15th day y^^^^'^'^j ^^ of December, 1911, and shall continue in force for a period natiin. of fifteen (15) years from that date, and thereafter until ^''•-^^^• terminated by twelve (12) months' written notice given by one or more of the Parties to all of the others, which notice may be given at the expiration of fourteen years or at any time afterwards, and it is agreed that at any time prior to the termination of this Convention, upon the request of any one of the High Contracting Parties, a conference shall be held forthwith between representa- tives of aU the Parties hereto, to consider and if possible agree upon a further extension of this Convention with such additions and modifications, if any, as may be found desirable. This Convention shall be ratified by the President of j^gf^^^^ee of the United States, by and with the advice and consent Art. xvii. of the Senate thereof, by His Britannic Majesty, by his Majesty the Emperor f^J^^^^^^p^M^ ^^^^'^^ ^^" 1 See page 91. 100 DEPARTMENT OP COMMERCE. Emperor of all the Russias; and ratifications shall be exchanged at Washington as soon as practicable. ex^han^ed'ir^ [Signed at Washington, July 7, 1911; ratification exc ange , e c. ^^j^-gg^j j^y ^j^g Senate, Julj 24, 1911; ratified by the President, November 24, 1911 ; ratified by Great Britain August 25, 1911; ratified by Japan, November 6, 1911 ratified by Russia, October 22, 1911-November 4, 1911, ratifications exchanged at Washington, December 12, 1911; proclaimell, December 14, 1911.] fert°'to''''fuf-seai^^^^®^^ *^® plenipotentiaries of the United States, Great convention. Britain, Japan, and Russia did, on the seventh day of (.sf^stalt mi July, anno Domini nineteen hundred and eleven, enter preamble. ' ' . jj^^q a convention for the preservation and protection of the fur seals and sea otter which frequent the waters of the north Pacific Ocean, which convention was subse- quently ratified by the Governments of the United States, Great Britain, Japan, and Russia and the ex- change of ratifications thereof was effected on the twelfth day of December, nineteen hundred and eleven: Now, therefore, seS's"iJ'north°Pa- ^^ ^^ enacted by the Seriate and House of Representatives ciflc Ocean toT-qf the United States of America in Congress assembled, ^ iM?,«ec. 1. That no citizen of the United States, nor person owing duty of obedience to the laws or the treaties of the United States, nor any of their vessels, nor any vessel of the United States, nor any person belonging to or on board of such vessel, shall kill, capture, or pursue, at any time or in any manner whatever, any fur sealin the waters of the north Pacific Ocean north of the thirtieth parallel of north latitude and including the seas of Bering, ing^^t"sea 'for- Kamchatka, Okhotsk, and Japan; nor shall any such per- bidden. son or vessel kill, capture, or pursue sea otter in any of the waters mentioned beyond the distance of three mUes from the shore line of the territory of the United States. v2seKr°peilgto ^^ citizen of the United States, nor person above sealing or sea- described in the first section, shall equip, use, or employ, otter hunting for- n • i, -j • ■ ■ • ^ ^' , '. '^ji bidden. or lurnish aid in equippmg, usmg, or employmg, or lur- lUd., see. «. T^[g[^ supplies to any vessel used or employed, or to be used or employed, in carrying on or taking part in pelagic sealing or in sea-otter hunting in said waters, nor shall any of their vessels nor any vessel of the United States etc!fforbidd«n''^' ^® ^^ used or employed ; and no person or vessel shall use any of the ports or harbors of the United States, or any part of the territory of the United States, for any pur- poses whatsoever connected with the operations of pelagic sealing or sea-otter hunting in the waters named in the Vessels ex- first scction of this Act; and no vessel which is engaged or employed, or intended to be engaged or employed, for or in connection with pelagic sealing or sea-otter hunting in such waters shall use any of the ports or harbors or any part of tha territory of J;he United States for any purpose whatsoev5'.9""zecr6yMcroso^®' ^^ BUEEAU OF FISHERIES. 101 The provisions of the first and second sections of„jS"j°s, p^r- this Act shall not apply to Indians, Aleuts, or other abo- "ves^ ^ "*" rigines dwelling on the American coast of the waters men- ™''' ''"• *• tioned in the first section of this Act who carry on pelagic Kestriotions. sealing in canoes or undecked boats propelled wholly by paddles, oars, or sails, and not transported by or used in connection with other vessels, and manned by not more than five persons each, in the way hitherto practiced by the said Indians, Aleuts, or other aborigines, and without the use of firearms: Provided, however, That the exception g^^^^'™- etc., made in this section shall not apply to Indians, Aleuts, or e?'^pwsons^ "ex- other aborigines in the employment of other persons or"'"*^®**' who shall Bll, capture, or pursue fur seals or sea otters under contract to deliver the skins to any person. The importation or bringing into territory of the Jj^^t^^'^^ v^ United States, by any person whatsoever, of skins of fur prohibited? ^ "^ seals or sea otters taken in the waters mentioned in the ^'"''' '*"" "*■ first section of this Act, or of skins identified as those of the species known as Callorhinus alascanus, Callorhinus ursinus, and Callorhinus kurilensis, or belonging to the American, Russian, or Japanese herds, whether raw, dressed, dyed, or manufactured, except such as have been taken under the authority of the respective parties to said convention, to which the breeding grounds of such herds belong, and have been officially marked and certified as having been so taken, is hereby prohibited; and all such ^'orfeiture. articles imported or brought in after this Act shall take eflFect shall not be permitted to be exported, but shall be seized and forfeited to the United States. The President shall have power to make regulations ^^^^^1*'°"=^.*^ to carry this Act and the said convention into effect, President. and from time to time to add to, modify, amend, or re- ^'"^'' ''°' *' voke such regulations, as in his judgment may seem expe- dient. It shall be the duty of the Secretary of Com- EnJoroement. merce, under the direction of the President, to see that the said convention, the provisions of this Act, and the regulations made thereunder are executed and en- forced; and aU officers of the United States engaged in the execution and enforcement of this Act are authorized and directed to cooperate with the proper officers of any of the other parties to the said convention in taking such measures as may be appropriate and available under the said convention, this Act, or the regulations made there- under for the purpose of preventing pelagic sealing as in this Act prohibited. Every person guilty of a violation of any of the pro- Punishment for visions of^said convention, or of this Act, or of any reg-™^!™^.^. ulation made thereunder, shall, for each offense, be fined not less than two hundred dollars or more than two thou- sand dollars, or imprisoned not more than six months, or both; and every vessel, its tackle, apparel, furniture, Forfeiture of and cargo, at any time used or employed in violation of "^^ ' ^'°' this Act, or of the regE&^ZB^ h^amcaiBC&Si.der, shall be forfeited to the United States. ure. 102 DEPARTMENT OF COMMERCE. Vessels with jf any vessel shall be found within the waters to boMd presumed which this Act applies, having on board fur-seal skins or law.rtc/'"'*'"'^ sea-otter skins, or bodies of seals or sea otters, or appa- im., 'sec. 7. ratus or implements for killing or taking seals or sea otter, it shall be presumed that such vessel was used or employed in the kilhng of said seals or sea otters, or that said appa- ratus or implements were used in violation of this Act, until the contrary is proved to the satisfaction of the court, in so far as such vessel, apparatus, and imple- ments are subject to the jurisdiction of the United States. Prosecutions. Any violation of the said convention, or of this Act, ' '''"''' ' or of the regulations thereunder, may be prosecuted either in the district court of Alaska, or in any district court of the United States in California, Oregon, or Wash- ington. Naval, etc., Jt shall be the duty of the President to cause a guard tataed." ^'"^'""or patrol to be maintained in the waters frequented by lUd., sec. 9. ^YiQ seal herd or herds and sea otter, in the protection of which the United States is especially interested, com- Sosed of naval or other public vessels of the United tates designated by him for such service; and any officer of any such vessel engaged in such service and any other officers duly designated by the President may search any vessel of the United States, in port, or in territorial waters of the United States, or on the high seas, when suspected of having violated, or being about to violate, the provi- sions of said convention, or of this Act, or of any regula- tion made thereunder, and may seize such vessel and the officers and crew thereof and bring them into the most accessible port of the Territory or of any of the States mentioned in the eighth section of this Act for trial. of^temTtor'iaPiu- -^^7 vessel or persou described in the first section of risdiction. this Act offending or being about to offend against the lUd., sec. 10. prohibitions of the said convention, or of this Act, or of the regulations made thereunder, may be seized and detained by the naval or other duly commissioned officers of any of the parties to the said convention other than the United States, except within the territorial jurisdiction of one of the other of said parties, on condition, however, that when such vessel or person is so seized and detained by officers of any party otner than the United States such Delivery to vesscl or pcrson shall be delivered as soon as practicable proper officials. ^^ ^^^ nearest point to the place of seizure, with the wit-* nesses and proofs necessary to establish the offense so far as they are under the control of such party, to the proper official of the United States, whose courts alone shall have jurisdiction to try the offense and impose the penalties for Seizures by the Same: Provided, however, That the said officers of any states officer" ° partv to Said Convention other than the United States shall arrest and detain vessels and persons, as in this sec- tion specified, only after such party, by appropriate legis- lation or otherwise, shall have authorized the naval or other officfefe'SFf firf%M«g2PSiais duly commissioned and instructed by the President to that end to arrest, detain. BUEEAU OF PISHBEIES. 103 and deliver to the proper officers of such party vessels and subjects under the jurisdiction of that Government offending against said convention or any statute or regu- , lation made by that Government to enforce said conven- tion. The President of the United States shall determine j^Prociamationto by proclamation when such authority has been given by the other parties to said convention, and his determina- tion shall be conclusive upon the question; and such proc- lamation may be modified, amended, or revoked by proc- lamation of the President whenever, in his judgment, it is deemed expedient. From and after the approval of this Act all killing of oi?'pribui"°S fur seals on the Pribilof Islands, or anywhere within the lands suspended jurisdiction of the United States in Alaska, shall be sus- '°7M|fJ^^'fi. pended for a period of five years, and shall be, and is hereby, declared to be unlawful; and all punishments and penalties heretofore enacted for the illegal killing of fur seals shall be apphcable and infhcted upon offenders under this section: Provided, That this prohibition shall nathr°^'excepted! not apply to the annual killing on the Pribilof Islands of such male seals as are needed to supply food, clothing, and boat skins for the natives on the islands, as is provided for in article eleven of said convention; the skins of all seals so used for food shall be preserved and annually sold by the Government, and proceeds of such annual sales shall be covered into the Treasury of the United States: Pro- vided further, That at the expiration of the said five years' Resumption. suspension of all commercial kilHng as above provided, said killing may 'be resmned under authority of the Secretary of Commerce: Provided, however, That the y^^^'^'^s seiec- number of three-year-old males selected from among the finest and most perfect seals of that age found on the hauling grounds, to be reserved for breeding purposes, in each year ending August first, shall not be fewer than the following: In nineteen hundred and seventeen, and in each year thereafter until nineteen hundred and twenty- six, inclusive, five thousand. The Secretary of Com- ^^R^^^'^'Sj^^^^^s merce, or his authorized agents, shall have authority and Great Brit- to receive on behalf of the United States any and all fur- *™' seal skins taken as provided in the thirteenth and four- teenth articles of said convention and tendered for deliv- ery by the Governments of Japan and Great Britain in accordance with the terms of said articles; and all skins saie,etc. which are or shall become the property of the United States from any source whatsoever shall be sold by the Secretary of Commerce in such market, at such times, and in such manner as he may deem most advan- tageous; and the proceeds of such sale or sales shall be paid into the Treasury of the United States. The .^Kc'; to cJ- Secretary of Commerce shall likewise have author nadian m^ Japar ity to deliver to the authorized agents of the Canadian Government and the Japanese Government the skins to which they are entitle^iBM^WmWW ^ *^? *^°*5 Pavment article of said convention; to pky to Great Britain and Payment. 104 DEPARTMENT OP COM.JVlEJHJJ!i. Japan such sums as they are entitled to receive, respec- tively, under the provisions of the eleventh article of said Retontion o ! convention ; to retain such skins as the United States may skins, etc. ^^ entitled to retain under the provisions of the eleventh article of said convention; and to do or perform, or cause to be done or performed, any and every act which the United States is authorized or obliged to do or perform by the provisions of the tenth, eleventh, thirteenth, and four- Appropriation, teenth articles of said convention; and to enable the Sec- retary of Commerce to carry out the provisions of the said eleventh article there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the sum of four hundred thousand dollars. in""dSd^*^ '^^^ term "pelagic sealing" where used in this Act shall "^hid., sec. IS. be taken to mean the killing, capturing, or pursuing in any manner whatsoever of fur seals while the same are straed'^™" "™" in the water. The word ' ' person " whereused in this Act shall extend and be applied to partnerships and corpora^ tions. rafifr* ^^ ^^' "^^^^ -^^^ shall take effect immediately, and shall Ibid'., sec. IS. continuc in force until the termination of the said con- vention. PROTECTION AND REGULATION OP THE FISHERIES OF ALASKA. Be^™?tace5 [^y Department order of February 1 5, 1905, the Alaska under direction salmou fishery scrvicc was placed under the direction and of^Sriffi.'""^"^ control of the Commissioner of Fish and Fisheries.] et^'^wineriM°°' Evcry pcrsou. Company, or corporation carrying on JLn. 16, im\s4 the business of canning, curing, or preserving fish or sm.,j,7S),sec.i. manufacturing fish products wiQiia the territory known as Alaska, ceded to the United States by Russia by the treaty of March thirtieth, eighteen hundred and sixty- seven, or in any of the waters of Alaska over which the United States has jurisdiction, shall, in heu of all other producte^ ^^^ °" hcense fees and taxes therefor and thereon, pay license taxes on their said business and output as follows: Canned salmon, four cents per case; pickled salmon, ten cents per barrel; salt salmon in bulk, five cents per one hundred pounds; fish oil, ten cents per barrel; fertilizer, Collection. twenty cents per ton. The payment and collection of such license taxes shall be under and in accordance with the provisions of the Act of March third, eighteen hun- dred and ninety-nine, entitled "An Act to define and punish crimes in the district of Alaska, and to provide a code of criminal procedure for the district," and amend- ments thereto, erie^'exempfior The catch and pack of salmon made in Alaska by the liberating fry; owners of private sahnon hatcheries operated in Alaska '^md.,sec.g. shall be exempt from all license fees and taxation of every nature at the rate of ten cases of canned salmon to every oneDtMiz&eti^ Mi6r(SSDi^&ig salmon fry Hberated, upon the following conditions: BXJEEAU OF FISHBEIES. 105 The Secretary of Commerce may from time to time^ inspection. and on the appHcation of the hatchery owner shall, within a reasonable time thereafter, cause such pri- vate hatcheries to be inspected for the purpose of determining the character of their operations, effi- ciency, and productiveness, and if he approve the same Approval. shall cause notice of such approval to be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein any such hatchery is located, and shall also notify the owners of such hatchery of the action taken by him. The owner, agent, officer, or superintendent of any hatchery the effectiveness and productiveness of which has been ap- proved as above provided shall, between the thirtieth day of June and the thirty-first day of December of each year, make proof of the number of salmon fry liberated jj^g™^°'*™™''* during the twelve months immediately preceding the thirtieth day of June, by a written statement under oath. Such proof shall be filed in the office of the clerk or deputy clerk of the United States district court of the division of the district of Alaska wherein such hatchery is located, and when so filed shall entitle the respective hatchery owners to the exemption as herein provided; and a false oath as to the number of salmon fry hberated shall be deemed perjury and subject the offender to all the pains and penalties thereof. Duphcates of such state- be^efeTl^ue o° ments shall also be filed with the Secretary of Com- certificates, merce. It shall be the duty of such clerk or deputy clerk in whose office the approval and proof heretofore provided for are filed to fortnwith issue to the hatchery- owner, causing such proofs to be filed, certificates which shall not be transferable and of such denominations as said owner may request (no certificate to cover fewer than one thousand fry), covering in the aggregate the number of fry so proved to have been liberated; and such certificates may be used at any time by the person, com- pany, corporation, or association to whom issued for the payment pro tanto of any hcense fees or taxes upon or against or on account of any catch or pack of salmon made by them in Alaska; and it shall be the duty of all j^^^"«P*a°<=« '<"■ public officials charged with the duty of collecting or re- ceiving such hcense fees or taxes to accept such certifi- cates m lieu of money in payment of all hcense fees or taxes upon or against the pack of canned salmon at the ratio of one thousand fry for each ten cases of salmon. No hatchery owner shall obtain the rebates from the out- ^^^^^'^"^ '^ put of any hatchery to which he might otherwise be en- titled under this Act unless the efficiency of said hatchery has first been approved by the Secretary of Commerce in the manner herein provided for. It shall be unlawful to erect or maintain any dam, stmcWoSt^- barricade, fence, trap, fish wheel, or other fixed or sta- ing ^^^° J tionary obstruction, e^pBie^?)3PfflfiB^§&/fii) ^^^ culture, "^/S; «« 17 in any of the waters or Alaska at any pomt where the 106 DEPAKTMENT OP uUiViiVLJiiitLiJi. distance from shore to shore is less than five hundred feet, or within five hundred yards of the mouth of any red-salmon stream where the same is less than five hun- dred feet in width, with the purpose or result of capturmg salmon or preventing or impeding their ascent to their spawning groimds, and the Secretary of Commerce is hereby authorized and directed to have any and all such imlawful obstructions removed or destroyed. Restriction on j^ shaU be uulawful to lay or set any drift net, seine, nets, S61I16S. 6l(C> 1 ,. ,-1 jj 1 ' !• ibid.,sec.4- Set net, pound net, trap, or any other nshmg appli- ance for any purpose except for purposes of fish culture, across or above the tide waters of any creek, stream, river, estuary, or lagoon, for a distance greater than one- third the width of such creek, stream, river, estuary, or lagoon, or within one hundred yards outside of the mouth of any red-salmon stream where the same is less than five hundred feet in width. It shaU be unlawful to lay or set any seine or net of any kind within one hun- dred yards of any other seine, net, or other fishing appli- ance which is bemg or which has been laid or set in any of the waters of Alaska, or to drive or construct any trap or any other fixed fishing appliance within six hvmdred yards laterally or within one hundred yards endwise of any other trap or fijced fishing appliance. seSJn^o^r taktol I* shall be Unlawful to fish for, take, or kill any salmon. salmou of any species in any manner or by any means Ibid., sec. . gxcept by rod, spear, or gaff, in any of the waters of Alaska over which tlie United States has jurisdiction, except Cook Inlet, the Delta of Copper River, Bering Sea, and the waters tributary thereto, from six o'clock post- meridian of Saturday of each week trntU six o'clock ante- Night seining meridian of the Monday following, or to fish for, or catch, in small streams i ■ii • 1, !• j. i, prohibited. or kill m any manner or by any appliances except by rod, spear, or gaff, any salmon in any stream of less than one hundred yards in width in Alaska between the hours of six o'clock in the evening and six o'clock in the morning of the following day of each and every day of stSctS, "'eSi t^^6 week. Throughout the weekly close season herein during close sea- prescribed the gate, mouth, or tunnel of all stationary and floating traps shall be closed, and twenty-five feet of the webbing or net of the "heart" of such traps on each side next to the "pot" shall be lifted or lowered in such manner as to permit the free passage of salmon and other fishes. grounds toVe^et . The Secretary of Commerce may, in his discre- aside tion, Set aside any streams or lakes as preserves for """' ' spawning grounds, in which fishing may be limited or Close season au- entirely prohibited; and when, in his judgment, the re- sults of fishing operations in any stream, or off the mouth thereof, indicate that the number of salmon taken is larger than the natural production of salmon in such stream, he is authorized to establish close seasons or to limit or mM)id^mi:$ShMy for one year or more within such stream or withm five hundred yards oi the BUEEATJ OF FISHEEIES. 107 mouth, thereof, so as to permit salmon to increase: Pro- vided, however,' That such power shall be exercised only after all persons interested shall be given a hearing, of which due notice must be given by publication; and ^^^^ ■'<'■ where the interested parties are known to the Depart- "^"^ " ment they shall be personally notified by a notice mailed not less than thirty days previous to such hearing. No order made under this section shall be effective before the next calendar year after same is made : And provided further. That such limitations and prohibitions shall not to^a°rt11''c'i'aUy apply to those engaged in catching salmon who keep stocked streams. such streams fully stocked with salmon by artificial propagation. It shall be unlawful to can or salt for sale for food Mblted'"! hJurs any salmon more than forty-eight hours after it has been after kuiing. kuled. It shall be unlawful for any person, company, or ^f fc^untawfui'.* coiyoration wantonly to waste or destroy salmon or /m., ««;.«. other food fishes taken or caught in any of the waters of Alaska. It shall be unlawful for any person, company, orpjoyyt^J^^'^s corporation canning, salting, or curmg fish of any species ^m-. »««■ »■ in Alaska to use any label, brand, or trade-mark which shall tend to misrepresent the contents of any package of fish offered for sale: Provided, That the use of thetJ_^™' p^™**" terms "red," "medium red," "pink," "chum," and so forth, as applied to the various species of Pacific salmon under present trad^ usages shaU not be deemed in con- flict with the provisions of this Act when used to designate salmon of those known species. Every person, company, and corporation engaged j,,^^^"^J^t^|g'i°i^^ in catching, curing, or in any manner utilizing fishery mente. products, or in operating fish hatcheries in Alaska, shall make detailed annual reports thereof to the Secretary of Commerce, on blanks furnished by^ him, covering all such facts as may be required with respect thereto for the information of the Department. Such reports shall be sworn to by the superintendent, manager, or other person having knowledge of the facts, a separate blank form being used for each establishment in cases where more than one cannery, saltery, or other estab- lishment is conducted by a person, company, or corpo- ration, and the same shall be forwarded to the Depart- ment at the close of the fishing season and not later than December fifteenth of each year. The catchmg or kiUmg, except with rod, spear, or p,f/^°'5,^^°^/i„^P: gaff, of any fish of any kind or sjjecies whatsoever mcie^s^fflsh. ^^ any of the waters of Alaska over which the United States has jurisdiction, shall be subject to the provisions of this Act, and the Secretary of Commerce is hereby authorized to make and establish such rules and regu- lations not inconsistent with law as may be necessary to carry mto effect ^M^mmW^J^^^^"^^' 108 DEPARTMENT OF CUmSEIUUE; Enioroement. fo enforce the' provisions of this Act and such """' " regulations as he may establish in pursuance thereof, the Secretary of Commerce is authorized and directed to depute, in addition to the agent and assistant agent of s^mon fisheries now provided by law, from the ^^officers author- officers and employees of the Department of Commerce, a force adequate to the performance of all work required for the proper investigation, inspection, and regulation of the Alaskan fisheries and hatcheries, and he shall annually submit to Congress estimates to cover the cost of the establishment and maintenance of fish hatcheries in Alaska, the salaries and actual traveling expenses of such ofiicials, and for such other expenditures as may be necessary to carry out the provisions of this Act. vioiaSon™^""" -^J person, company, corporation, or association im., sec. 13. violating any provision of this Act or any regulation established in pursuance thereof shall, upon conviction thereof, be punished by a fine not exceeding one thousand dollars or imprisonment at hard labor for a term of not more than ninety days, or by both such fine and imprison- ment, at the discretion of the court; and in case of the violation of any of the provisions of section four of this Act and conviction thereof a further fine of not more than two hundred and fifty dollars per diem may, at the discretion of the court, be imposed for each day such Vessels, etc. obstruction is maintained. And every vessel or other apparatus or equipment used or employed in violation of any provision of this Act, or of any regulation made thereunder, may be seized by order of the Secretary of Commerce, and shall be held subject to the payment of such fine or fines as may be imposed. Im^Mc^u.' T^® violation of any provision of this Act may be prosecuted in any district court of Alaska or any district court of the United States in the States of California, Oregon, or Washington. And it shall be the duty of the Secretary of Commerce to enforce the provisions of this Act and the rules and regulations made there- under. And it shall be the duty of the district attorney to whom any violation is reported by any agent or representative of the Department of Commerce to insti- tute proceedings necessary to carry out the provisions of this Act. ia4"re^aied*^"* All Acts or parts of Acts inconsistent with the im.,sec.is. provisions of this Act are, so far as inconsistent, hereby repealed. /wLfsec. 16. T^^^s Act shall take effect and be in force from and after its passage. Fi^tog In wa- ^^ ^^^^ ^® unlawful for any person not a citizen ters of, by aliens, of the United States, or who has declared his intention to ete.^prohibite'd. ' bccome a citizen of the United States, and is not a bona SM^mi'sK^f^^^^ resident therein, or for any company, corporation, or as&ociatio£>i&ifiz@S^M6fQ»o^hoTized to transact busi- ness under the laws of the United States or under the laws BUEEAU OF FISHEEIES. 109 of any State, Territory, or district thereof, or for any per- son not a native of Alaska, to catch or kill, or attempt to catch or kOl, except with rod, spear, or gaff, any fish of any kind or species whatsoever in any of the waters of Alaska under the jurisdiction of the United States: Pro- vided, Tiowever, That nothing contained in this Act shall ^^^^ "ermitted" prevent those lawfully taking fish in the said waters from ^ ™' seUing the same, fresh or cured, in Alaska or in Alaskan waters, to any alien person, company, or vessel then being lawfully ia said waters: And provided further, That noth- j,^^j^"J^^°J™ay ing contained in this Act shall prevent any person, firm, ^ corporation, or association lawfully entitled to fish in the waters of Alaska from employing as laborers any aliens who can now be lawfully employed under the existing laws of the United States, either at stated wages or by piecework, or both, in connection with Alaskan fisheries, or with the canning, salting or otherwise preserving of ■fish. Every person, company, corporation, or association laHonf '^'°'^^'°' found guilty of a violation of any provision of this Act mdl,aec.2. or of any regulation made thereunder shall, for each offense, be fined not less than one hundred dollars nor more than five hundred dollars, which fine shall be a Hen against any vessel or other property of the offending {)arty or which was used in the commission of such un- awful act. Every vessel used or employed in violation of any provision of this Act or of any regulation made thereunder shall be liable to a fine of not less than one hundred dollars nor more than five hundred dollars, and may be seized and proceeded against by way of libel in any court having jurisdiction of the offense. The violation of any provision of this Act or of any j^^^^j"*'™' regulation made thereunder may be prosecuted in any United States district court of Alaska, California, Oregon, or Washington. The collector of customs of the district of Alaska is^^f^^™™ ^""^ hereby authorized to search and seize every foreign ves- lua.', sec. i. sel and arrest every person violating any provision of this Act or any regulation made thereunder, and the Secretary of Commerce shall have power to authorize officers of the Navy and of the Eevenue-Cutter Service and agents of the Department of Conamerce to likewise make such searches, seizures, and arrests. If any foreign vessel shall be found within the waters to which this Act applies, having on board fresh or cured fish and apparatus or implements suitable for kiQing or taking fish, it shall be presumed that the vessel and apparatus were used in violation of this Act until it is otherwise sufficiently proved. And every vessel, its tackle, apparatus, or implements so seized shall be given into the custody of the Umted States marshal of either of the districts mentioned in section three of this A.ct, and shall be held by him subject to the proceedings provided for in section two of this Ni^izS3ol&)iMksrdsoitSmection with such seizure shall be at once reported to the United States 110 DEPARTMENT OF COMMERCE. district attorney for the district to which the vessel so seized shall be taken, whose duty it shall be to institute the proper proceedings. Enforcement ot T^g Secretary of Commerce shall have power to make '^fwl.!'«^1«. rules and regulations not inconsistent with law to carry into effect the provisions of this Act. And it shall be the duty of the Secretary of Commerce to enforce the provisions of this Act and the rules and regulations made thereunder, and for that purpose he may employ, through the Secretary of the Treasury and the Secretary of the Navy, the vessels of the United States Revenue-Cutter Existing trea- Scrvico and of the Navy: Provided, however, That noth- ties not affected. ^^^ contained in this Act shall be construed as affecting any existing treaty or convention between the United States and any foreign power. PROTECTION OF THE SPONGE FISHERIES.^ Lan(jmg,^,ete., From and after May first, aimo Domini nineteen hun- inG^tofMeSo^ dred and seven, it shall be unlawful to land, deliver, ^^JiZfw^imoi cure, or offer for sale at any port or place in the United Stat., SIS), sec. 1. States any sponges taken by means of diving or diving apparatus from the waters of the Gulf of Mexico or Straits Exception. oi Florida: Provided, That sponges taken or gathered by such process between October first and May first of each year m a greater depth of water than fifty feet shall not be subject to the provisions of this Act: And provided Size restricted, further. That no sponges taken from said waters shall be landed, dehvered, cured, or offered for sale at any port or place in the United States of a smaller size than lour inches in diameter. mT^l%^.'s. Every person guilty of a violation of this Act shall for each offense be Hable to a fine of not less than one hundred dollars or more than five hundred dollars, which fine shall be a hen against the vessel on which the offense was committed. And every vessel used or employed in violation of this Act shall be Hable to a fine of not less than one hundred dollars or more than five hundred dollars or forfeiture, and shall be seized and proceeded against hj process of Ubel in any court having jurisdiction of the offense. Jbif^al^T^' -^y violation of this Act shall be prosecuted in the district court of the United States of the district wherein the offense was committed. fm!'%^T' ■'■* ^^^^ ^® *^® ^■"^y °* *^^ Secretary of Commerce to enforce the provisions of this Act, and upon his request the Secretary of the Treasury and the Secretary of the Navy may employ the vessels of the Revenue-Cutter Service and of the Navy, respectively, to that end. ' By the sundry civil appropriation acts the appropriations to carry out the provi- sions ot this act are placed under the Bureau of Fisheries. Digitized by Microsoft® BUREAU OF FOREIGN AND DOMESTIC COMMERCE. HISTORY. The Bureau of Foreign and Domestic Commerce was created by the legislative, executive, and judicial appropriation act approved August 23, 1912, which consolidated under that name the Bureau of Manufactures and the Bureau of Statistics. This action by Congress was predicated on a suggestion emanating from the Department, which in September, 1907, appointed a committee to inquire into its statistical work, and this committee after a very extensive inquiry recommended " that the Bureau of Manufactures and the Bureau of Statistics be consolidated into one bureau ; and that the bureau thus formed be called the Bureau of Foreign and Domestic Commerce." BUREAU OF MANUFACTURES. The Bureau of Manufactures was authorized by section 5 of the act of February 14, 1903 (the organic act of the Department), in response to a demand which had long since grown persistent for a Govern- ment office to be especially charged with the duty of fostering, pro- moting, and developing the manufacturing industries of the United States. The Bureau was organized in 1904 and at once commenced to build up in great part the service described on succeeding pages. BUREAU OF STATISTICS. The Bureau of Statistics, before being merged into the Bureau of Foreign and Domestic Commerce, had had almost a century of devel- opment. • The value of the systematic and careful collection of information concerning the status of our commerce was recognized early in our history; and, in response to resolutions of Congress, the Secretary of the Treasury made frequent reports on the subject, which were sub- sequently collected and published in two volumes of the American State Papers. By act of Congress approved February 10, 1820, the regular collec- tion and publication of statistics of our foreign commerce was under- taken. This information was gathered through the collectors of customs, and there was organized in the Treasury Department a division of commerce jand.nayigatipn, wMdi collated and published " ' 111 112 DEPABTMENT OF COMMEECE. the information thus obtained. Joint resolution of Congress of June 15, 1844, authorized the Secretary of the Treasury to direct the col- lecting, arranging, and classifying of statistical information showing each year the condition of agriculture and domestic trade, and to report on these subjects annually. By act approved July 28, 1866, the Bureau of Statistics, with a Director, was established in the Treasury Department. The former division of commerce and navigation was consolidated with the Bureau of Statistics, and a broad range of subjects upon which to compile statistics was prescribed. The act of July 20, 1868, abolished the office of Director, provided that the Special Commissioner of the Kevenue should superintend the Bureau, and provided for a Deputy Special Commissioner to have charge of the Bureau of Statistics. The office of Special Commissioner of the Revenue expired July 1, 1870, and the titb of Chief of Bureau of Statistics was given to the officer in charge and afterwards authorized by law. The work of the Bureau of Statistics was enlarged by act of March 3, 1875, and statistics relating to the internal commerce of the coun- try were published from that year untU 1912 under special appro- priations. The old law of 1820 omitted statistics relating to commerce other than that borne in vessels, but the act of March 3, 1893, amending section 1 of the act of July 16, 1892, remedied this by providing for statistics of exports of commodities by railways and land carriages. By act approved April 29, 1902, the work of the Bureau was extended to include statistics of commerce with Alaska, Porto Rico, Hawaii, Phihppine Islands, Guam, and other noncontiguous territory. BUREAU OF POKEIGN COMMEECE IN THE STATE DEPARTMENT. By the act of February 14, 1903 (the organic act of the Depart- ment), the Bureau of Statistics was transferred from the Treasury Department to the new Department, from and after July 1, 1903. The same act provided also for the transfer of the Bureau of For- eign Commerce from the State Department and for its consolidation with the Bureau of Statistics, the two to constitute one bureau to be called the Bureau of Statistics. By authority of section 11 of the act the Bureau of Trade Relations was organized in the State Depart- ment for the formulation and transmission of correspondence between the new Department and consular officers. The Bureau of Foreign Commerce was, until July 1, 1897, the Bureau of Statistics of the Department of State. Owing to the con- fusion arising from the fact that there was also a Bureau of Statistics in the Treasury Department and a Division of Statistics in the Department of ^gric^j^^^^gn^gp^g^j^rized the change of the BUEEAXJ OF FOREIGN AND DOMESTIC COMMERCE. 113 name to Bureau of Foreign Commerce on July 1, 1897, this name more clearly indicating the functions of the Bureau. The Bureau had its origin in an act of Congress approved August 16, 1842, which made it the duty of the Secretary of State "to lay before Congress, annually, at the commencement of its session, in a compendious form, all such changes and modifications in the com- mercial systems of other nations, whether by treaties, duties on im- ports and exports, or other regulations, as shall have come to the knowledge of the Department." In a communication to the Presi- dent of the Senate, February 4, 1857 (Ex. Doc. No. 35, 34th Cong., 3d sess.), Secretary of State Marcy called attention to a previous state- ment (in 1855) in which he said that "but three attempts had been made to comply with the requisitions of the act of 1842; the first by Mr. Secretary Webster in 1842, the second by Mr. Secretary Upshur in 1843, and the third, and last, by Mr. Secretary Calhoun, in 1844." Mr. Webster, in 1842, recommended to Congress that the work "be intrusted to one person, under the direction of the Department, who should arrange and condense information on commercial subjects from time to time, as it should be received, and should have charge of the correspondence on these subjects with agents of the Govern- ment abroad." No action was taken by Congress until 14 years later. By an act approved August 18, 1856 (11 Stat., 62), the act of 1842 was amended so as to make it obligatory upon the Secretary of State, in addition to changes and modifications in the commercial systems of other nations, to include in his annual report to Congress "all other commercial information communicated to the State Department by consular and diplomatic agents of this Government abroad, or contained in the official publications of other Governments, which he shall deem suffi- ciently important." It was further declared to be the duty of consuls and commercial agents to procure such information La such manner and at such times as the Department of State might prescribe, and the Secretary of State was "authorized and required to appoint one clerk who shall have charge of statistics in said department and shall be called 'Superintendent of Statistics.'" "Thus," says Secretary Marcy, in his letter of February 4, 1857, "the 'Statistical Office of the Department of State,' which had been organized two years before for the preparation of a general Report on the Commercial Relations of the United States with Foreign Nations, in answer to a resolution of the House of Representatives, was, by that law, placed on a permanent basis." The "Bureau of Statistics" was substituted for the "Statistical Office," July 1, 1874, under authority conferred by the legislative, executive, and iudicia{-^|j^|ggr^^j^^cj;^^une 20, 1874, in an item 76224°— 13 8 114 DBPABTMENT OF COMMEEOE. providing a salary of $2,400 each for six chiefs of bureau, including one of Statistics. Until October 1, 1880, the duties of the Bureau were restricted to the preparation of annual and occasional reports from consular offi- cers, but on that date the pubUcation of the monthly Consular Keports was begun, in pursuance of a recommendation of Secretary of State Evarts, in response to which Congress, at the previous session, had made provision "for printing and distributing more frequently the pubhcations by the Department of State of the con- sular and other reports." The daily publication of consular reports was begun January 1, 1898, by order of the Secretary of State of December 7, 1897. WORK OF THE BXJREAU. Broadly, the function of the Bureau of Foreign and Domestic Commerce is to promote commerce and manufacturing by collecting and distributing information for the use and benefit of commercial interests. In carrying out this function advantage is taken of the relations of the Bureau with many other branches of the Federal service. Consular reports. —Use is made especially of the consular service, through the Department of State, to obtain reports on the current development of the trade of foreign countries and opportunities for the sale abroad of articles produced in the United States. This material is edited in the Bureau and distributed to the commercial public by means of the Daily Consular and Trade Reports, the annual volume called the "Commercial Relations of the United States," special bulletins and pamphlets, and confidential circulars or letters. Commercial agents. — Further, the Bureau is equipped with a corps of field agents, called commercial agents, who supplement the work of consular officers through special investigations for which they are fitted by training or experience in various branches of conunerce. These special investigations cover a wide range of subjects, such as the trade in cotton textiles, cottonseed products, machinery, lumber, boots and shoes and other leather goods, chemical products, and other articles of domestic manufacture or export. Foreign tariffs. — ^To supplement this volume of commercial infor- mation there are distributed accurate statements concerning the customs tariffs of foreign countries, a work which is carried on cur- rently by the Division of Foreign Tariffs. Not only are translations of these tariffs made and published at frequent intervals, but through consular reports and from other official sources there is maintained a record of the existing regulations with respect to customs charges in all foreign countries. The tariff publicati51i9%q9'i^ffi/l^€S?f fttMy present either a com- plete tariff of a particular country or the rates on a particular group BUREAU OF FOREIGN AKD DOMESTIC COMMERCE. 115 of articles as applied in various countries. As far as possible these published editions of foreign tariffs are revised to date, and, in addi- tion, changes in foreign tariffs are noted in the Daily Consular and Trade Reports and are reprinted ia special pamphlets entitled "For- eign Tariff Notes." The Bureau, by virtue of its close relations with American consular officers, and its files of the current official publi- cations of foreign countries, possesses exceptional facilities for keep- ing informed as to tariff rates and customs formalities incident to the entry of goods into foreign countries. Commercial statistics. — Statistical information in regard to imports and exports is received by the Bureau in monthly returns from the collectors of customs, showing the principal articles imported and exported, stating quantities where possible and values in all cases; the coimtries from which each article or group of articles was imported and to which each article or group of articles was exported. These statements are printed primarily in the Monthly Summary of Com- merce and Finance and distributed to individuals and firms engaged in commerce, to commercial organizations, educational institutions, and libraries, and to such conunercial and other newspapers of the country as may request the same. Other tables of imports, much more complete in detail are pub- lished quarterly, showing the quantity and value of the imports en- tered for consumption, the rate of duty, and the duty collected on each article or group of articles; and these quarterly statements are subsequently presented in the form of an annual statement. This statement of merchandise imported for consumption includes: (1) The merchandise entered for consumption and duty paid upon its arrival at the port, and (2) merchandise withdrawn from warehouse for consumption on payment of duty. Merchandise entering the country and deposited in warehouse is not included in the statement of imports for consumption unless subsequently withdrawn from warehouse. The Monthly Summary also contains tables showing the principal articles forming the trade between the United States and its non- contiguous territories — Alaska, Porto Rico, Hawaii, the Philippine Islands, Guam, and TutuUa. Annual statements of the commerce of the United States present- ing trade movements in much greater detail than those of the Monthly Sununary of Commerce and Finance are published in a vol- ume entitled "Commerce and Navigation of the United States." This volume shows in great detail the trade by articles and countries, stating the countries from which each article or class of articles was imported and to which each article or class of articles was exported during a five-year per^j^,Y^@ gtajl^i^yl^^^^owing the movements of merchandise and of gola and sUver by customs districts, the imports 116 DEPABTMENT OF COMMEECE. for consumption, and other statements. showing details of the trade movements with foreign countries and with the noncontiguous terri- tories for a term of years. The Statistical Abstract of the United States, a volume of about 800 pages, presents in condensed form statements regarding the com- merce, production, industries, population, finance, currency, indebted- ness, and wealth of the country, and includes in addition to the com- pilations made by the Bureau of Foreign and Domestic Commerce the more important statistical data compUed by other branches of the Government, and with this a condensed statement of the commerce of the principal foreign countries. It is pubhshed annually. Specific opportunities to extend trade. — Specific opportunities for the extension of American trade, transmitted by consuls, are published in the Daily Consular and Trade Reports under the title "Foreign trade opportunities." Notes relative to opportunities for the sale of American manufactures to the Federal Government are also published under the heading "Proposals for Government supplies." Plans and specifications for public and private works in foreign countries, as well as samples of articles for which a demand has been or may be created, often accompany reports by consular officers and commerical agents. Announcement of the receipt of these is made in the Daily Consular and Trade Reports, and circulation of them is made by the Bureau, an endeavor being made to reach as soon as possible the manufacturers liltely to be interested. The Bureau cooperates with representative trade organizations by conferences with their officers, by the use of membership lists for the distribution of confidential information, and by filing with them plans and specifications for work relating to the industry or industries represented by such organizations. Numerous individual requests for information from American manufacturers and exporters receive attention and endeavor is made to supply promptly all material in possession of the Bureau on a particular subject. AU of the trade information received is carefully indexed, and the Bureau has a record of reports on most lines of trade in foreign countries, and when requests for data on any particular fine are received search is made through these records and all information available is furnished. If a subject as to which information is sought is one of importance and interest to a number of concerns, such con- cerns are invited to submit a list of questions covering the facts de- sired, and these inquiries are sent to American consuls throughout the world. The results of these inquiries are subsequently published and distributed by the Bureau. The Bureau has also issued a directory of 1,138 quarto pages con- taining the names of QJ^ff/^^^yO^/i^^gf^uals and firms in foreign BUREAU OF FOBEIGN AND DOMESTIC COMMEECE. 117 countries engaged in the import trade, classified by countries and by industries. Supplements will be issued from time to time making corrections and additions. The bulletins and monographs of the Bureau on special statistical and commercial subj ects now number several hundred titles, and cover a wide range of trade matters. Domestic trade development. — Although the law provides for the promotion and development of trade at home and abroad, work has thus far, in large measure, been devoted to recording and extending the foreign trade of the United States. The work of domestic commercial development is now being taken up actively, and is destined to become an extremely important branch of the service of the office. The yearly exports of manufactures to foreign countries are now about 5 per cent of the total of 20,000 milhon dollars' worth pro- duced in the United States annually. The factors of commercial promotion and development related to the domestic productipn, dis- tribution, and consumption of manufactures which are of legitimate interest to the Bureau are very numerous and worthy of extensive investigation and pubUcity. The Bureau has already entered this field with its commercial agents and wiU extend its researches and add to its publications as rapidly as practicable. Commercial and manufacturers' organiza- tions have been studied, and a report has been published dealing with the promotive activities of 70 representative organizations. Com- mercial museums and expositions, commercial education, methods of distribution of manufactured products, standards of credit, quality and sources of raw materials, and similar subjects await study from the point of view of the Bureau, as outlined in the law. Chiefs of the Bureau of Statistics, Bureau of Manufactures, and Bureau of Foreign and Domestic Commerce, with dates of service. Name. From — To- BUKEAU OF STATISTICS. Alexander Delmar Francis A . Walker Edward Young Joseph Nimmo, jr William F. Switzler Sidney G. Brook Wortnington C. Ford O.P.Austin BCKEAU OF MANTTFACinBES. J. Hampton Moore John M. Carson Albertus H. Baldwin BUBEAU OF FOREIGN AND DOMESTIC COMMERCE, Albertus H. Baldwin Digitiz e d by Microsoft® Sept. 6,1866 Jan. 14,1869 July 1,1870 Sept. 1,1878 June 1,1885 Oct. 16,1889 June 17,1893 May 9,1898 Jan. 17,1905 June 1,1905 Aug. 1,1910 Aug. 24,1912 Deo. 31,1869 Feb. 7,1870 Aug. 31,1878 May 31,1885 Oct. 16,1889 June 16,1893 May 8,1898 Aug. 23,1912 May 31,1905 July 31,1910 Aug. 23,1912 reau llg DEPARTMENT OF COMMEECE. LAW PERTAINING TO THE BUREAU OF FOREIGN AND DOMESTIC COMMERCE. [As modified by act of Febmary 14, 1903, and subsequent legislation.] Creation of Bu- Tiig BuTeau of Manufactures and the Bureau of Sta- Tiii/.«s,/w«(S7tistics, both of the Department of Commerce [and Labor], Stat., wi). g^j.g ]]^ereby consohdated into one bureau to be known as the Bm-eau of Foreign and Domestic Commerce, to take effect July first, nineteen hundred and twelve, and the duties required by law to be performed by the Bureau of Manufactures and the Bureau of Statistics are trans- ferred to and shall after that date be performed by the Biu-eau of Foreign and Domestic Commerce. [A Chief of Bureau at $4,000, two Assistant Chiefs of Bureau, Chief of Division of Consular Reports, chief clerk, and other employees are provided for by the act creating the Bureau.] Tariffs of '^- i To enable the Bureau of Foreign and Domestic Com- e^ign ooun 'jj^g^gg ^^ collate and publish the tariffs of foreign coun- sto«!fios)'.^^*^*'^ tries in the English language, with the equivalents in currency, weights, and measures of the United States of all such foreign terms used in said tariffs, and to furnish information to Congress and the Executive relative to customs laws and regulations of foreign countries, and the purchase of books and periodicals, $10,000. mSticcM^erce' '^^ further promote and develop the foreign and do- ™^«j.«s,«i«(S7mestic commerce of the United States, $60,000, to be sm.,m). expended under tfie direction of the Secretary of .Com- merce.^ fereed' from°'Bu- Those Certain duties of the Department of Labor, or reau of Labor. Burcau of Labor,^ contained in section seven of the Act stetTiw)'.^*^*^*'^ approved June thirteenth, eighteen hundred and eighty- ei^t, that established the same, which especially charged it "to ascertain, at as early a date as possible, and when- ever industrial changes shall make it essential, the cost of producing articles at the time dutiable in the United States, in leading countries where such articles are pro- duced, by fully specified units of production, and under a classification showing the different elements of cost, or ' This is a provision of tbe Act making appropriations for tlie legislative, executive, and judicial expenses of the Government for tbe fiscal year ending June 30, 1913. Tlie work of compiling and publishing information concerning foreign tariff and customs regulations was inaugurated by the Bureau of Statistics in piusuance of an authorization contained in the act of March 18, 1904 (33 Stat., 138). On May 25, 1906, the work was transferred to the Bureau of Manufactures by Department order, which transfer received statutory recognition in the act of February 26, 1907 (34 Stat., 988). 2 This is a provision of the Act making appropriations tor the legislative, executive, and judicial expenses of the Government tor the fiscal year ending June 30, 1913. Under this provision the Secretary is authorized to appoint and pay commercial agents at home and abroad to carry out the purposes of the appropriation. Authority for the appointment of such agents for the purpose of investigatmg trade conditions abroad was granted first by the appropriation act of February 3, 1905 (33 Stat., 681). This authority was continued in subsequent acts. The act of March 4, 1911 (36 Stat, 1226), extended the labors of such agents to include the United States and its insular possessions. By Department order of January 23, ] 911, general supervision of the work and duties of com- mercial agents was placed with the Chief of the Bureau of Manufactures, whose duties, by the act of August 23, 1912, were transferred to the Chief of the Bureau of Foreignand Domestic Commerce. ' The Act of March 4, 1913, creating the Department of Labor, transferred the Bureau of Labor to that Department and changed its designation to Bureau of Labor Sta- tistics. Digitized by Microsoft® BUREAU OF FOREIGN AND DOMESTIC COMMERCE. 119 approxiinate cost, of such articles of production, includ- ing the wages paid in such industries per day, week, month, or year, or by the piece; and hours employed per day; and the profits of manufacturers and producers of such articles ; and the comparative cost of living, and the kind of living; what articles are controlled by trusts or other combinations of capital, business operations, or labor, and what effect said trusts, or other combinations of capital, business operations, or labor have on produc- tion and prices," are hereby transferred to and shall hereafter be discharged by the Bureau of Foreign and Domestic Commerce, and it shall be also the duty of said Bureau of Foreign and Domestic Commerce to make such special investigation and report on particular subjects when required to do so by the President or either House of Congress. DUTIES TKANSFEEEED FROM BUREAU OF MANUFACTURES. * * * It shall be the province and duty of said bureau g^'^-Jji ^^ 'g' [of Manufactures], under the direction of the Secretary, to foster, promote, and develop the various manufacturing industries of the United States, and markets for the same at home and abroad, domestic and foreign, by gathering, compiling, publishing, and supplying all avauable and useful information concerning such industries and such markets, and by such other methods and means as may be prescribed by the Secretary or provided by law. And all consular oflicers of the United States, including consuls- general, consuls, and commercial agents, are hereby re- quired, and it is made a part of their duty, under the direction of the Secretary of Stata, to gather and compile, from time to time, useful and material information and statistics in respect to the subjects enumerated in section three of this Act * in the countries and places to which such consular officers are accredited, and to send, under the direction of the Secretary of State, reports as often as re- quired by the Secretary of Commerce of the information and statistics thus gathered and coinpiled, such reports to be transmitted through the State Department to the Secretary of the Department of Commerce. A person, to be designated by the Secretary of State, stete^*to™obtato shall be appointed to formulate, under his direction, for miormation from the instruction of consular officers, the requests of the fOTCepartmeS!^ Secretary of Commerce; and to prepare from the dis- ^'i. »«:•"• patches of consular officers, for transmission to the Secre- tary of Commerce, such information as pertains to the work of the Department of Commerce ; and such person shall have the rank and salary of a chief of bureau, and be furnished with such clerical assistants as may from time to time be authorized by law. ' Section 3 defines province and duty of Department of Commerce. (See p. 21.) Digitized by Microsoft® ports. 120 DEPABTMENT OP (jummJiJUJiS. DUTIES TEANSFEREED FEOM THE BUREAU OF STATISTICS.' Purpose of the The purpose of the Bureau of Foreign and Domestic ^1r^.',ss5. Commerce is the collection, arrangement, and classifica- tion of such statistical information as may be procured, showing, or tending to show, each year the condition of the * * * 2 [manufactures], domestic trade, '[cur- rency, and banks] of the several States and Territories. Annual^ report The Chief of the Bureau of Foreign and Domestic Com- Sav?g™tTonf* ^°' merce shall, under the direction of the Secretary of Com- B. s., sse. nxerce, annually prepare a report on the statistics of com- merce and navigation of the United States with foreign countries, to the close of the fiscal year. Such accounts shall comprehend all goods, wares, and merchandise ex- ported from the United States to other countries; all goods, wares, and merchandise imported into the United States from other countries, and all navigation employed in the foreign trade of the United States; which facts shall be stated according to the principles and in the manner hereby directed. )ortl*'^°'* "' '^' First. The kinds, quantities, and values of all articles exported, and the kinds, quantities, and values of all arti- cles imported, shall be distinctly stated in such accounts, except m cases in which it may appear to the Secretary of Commerce that separate statements of the species, quan- tities, or values of any particular articles would swell the annual statements without utility; and, in such cases, the kinds and total values of such articles shall be stated together, or in such classes as the Secretary of Com- merce may think fit. Second. The exports shall be so stated as to show the exports to each foreign country, and their values; and the imports shall be so stated as to show the imports from each foreign country, and their values. Third. The exports shall be so stated as to show, sepsr rately, the exports of articles of the production or manu- facture of the United States, and their values; and the exports of articles of the production or manufacture of foreign countries, and their values. Fourth. The navigation employed in the foreign trade of the United States shall be stated in such manner as to show the amount of the tonnage of all vessels departing from the United States for foreign countries; and, sepa- rately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such foreign tonnage belongs, and the amount of such tonnage be- longing to each foreign nation; and in such manner as also to show the amount of the tonnage of all vessels de- ' In the laws Included under this head " Bureau or Foreign and Domestic Commerce" has been substituted for "Bureau of Statistics" wherever the latter designatton ap- peared, ' These statistics are gathered and published by the Bureau of the Census. (See 'These' statistics art, gatheit^d "StM-^iSflePby the Comptroller of the Currency. (B. S., 3^3, and amendments. ) BUEEAU OF FOBEIGN AND DOMESTIC COMMERCE. 121 parting^ for every particular foreign country with which the United States nave any considerable commerce; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and in such manner as to show the amount of the tonnage of all vessels arriving in the United States from foreign countries; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels; and also the foreign nations to which such foreign tonnage belongs, and the amount of such tonnage belonging to each foreign nation; and in such manner as also to show the amount of the tonnage of aU vessels arriving from every particu- lar foreign country with which the United States have any considerable commerce; and, separately, the amount of such tonnage of vessels of the United States, and the amount of such tonnage of foreign vessels. Fifth. Such accounts shall comprehend and include, in tabular form, the quantity by weight or measure, as well as the amount of value, of the several articles of foreign commerce, whether dutiable or otherwise; and also a sim- ilar and separate statement of the commerce of the United States with the British Provinces, under the late so-called reciprocity treaty with Great Britain. The Secretary of Commerce shall make a report to grSs^'by *SMra^ Congress on the first Monday of January in eacn year, tag. containing the results of the iiiformation collected during ' ®' ***' the preceding year, by the Bureau of Foreign and Domes- tic Conunerce, upon the condition of the * * *^ i [man- ufactures], domestic trade, ^[currency, and banks] of the several States and Territories. In order to enable the Chief of the Bureau of Foreign imposld'o" coi- and Domestic Commerce to prepare the annual report on lectors. the statistics of commerce and navigation required to be ^' *' **'" submitted to Congress by the Secretary of Commerce, the following regulations shall be observed by all collectors of customs: First. The kinds and quantities of all imported articles free from duty shall be ascertained by entry, made upon oath or aflBrmation, by the owner, or by the consignee or agent of the importer, or by actual examination, where the collector shall think such examination necessary; and the values of all such articles shall be ascertained in the same maimer in which the values of imports subject to duties ad valorem are ascertained. Second. The values of all imported articles sybject to specific duties shall be ascertained in the maimer in which the values of imports subject to duties ad valorem are ascertained. Third. The several collectors shall keep separate ac- , counts of the kinds, quantities, and values of such parts pp. ^I^ItT*^ ^'^ ^^'^^^^^t'^it^^rdmm^ ^^ ^'^'- '■^ 'These' statistics are gathered and published by the Comptroller ol the Cuirency. (B. S.,,333, aad amendments.) 122 DEPAKTMENT OF COMMEBCE. of the imports subject to duties ad valorem as may be directed by the Secretary of Commerce. Fourth. All articles exported shall be valued at their actual cost, or the values which they may truly bear, at the time of exportation, in the ports of the United States from which they are exported: and all articles imported shall be valued at their actual cost, or the values which they may truly bear in the foreign ports from which they are exported for importation into the United States, at the time of such exportation. Fifth. Before a clearance shall be granted for any ves- sel bound to a foreign place, the collector shall require the owners, shippers, or consignors of the cargo to deliver to the collector manifests of the cargo, or of the parts thereof shipped by them respectively, which manifests shall specify the kinds and quantities of the articles shipped by them respectively, and the value of the total quantity of each kind of articles; and state that such manifest con- tains a full, just, and true account of all articles laden on board of such vessel by the owners, shippers, or consign- ors, respectively, and that the values of such articles are truly stated, according to their actual cost, or the values which they truly bear at the port and time of exportation. And the collector shall also require the master of the ves- sel, and the owners, shippers, and consignors of the cargo, to state in writing, to the collector, the foreign place or country in which such cargo is truly intended to be landed. The manifests and statements hereby required shall be verified by the oath of the person by whom they are respective^ made and subscribed. Sixth. Every collector shall keep an accurate account of the national characters and tonnage of all vessels which depart from his district for foreign countries, and of the foreign places or countries for wmch such vessels depart; and, also, an accurate account of the national characters and tonnage of aU vessels which enter his district from foreign countries, and of the foreign places or countries from which such vessels arrive. Seventh. The several collectors shall make quarter- yearly [monthly — see page 124] returns to the Bureau of Foreign and Domestic Commerce of all the facts and mat- ters which they are hereby required to ascertain, lectore oTexporte Hereafter collectors of customs shall render to the Bu- by rail. ^ reau of Foreign and Domestic Commerce, in such manner smjisrifec.!.' and form and at such periods as the Secretary of Com- stai°'Jm)^.^^^ ^^'' merce _ may prescribe, returns of exports to foreign countries leaving the United States by rail. Any per- son who shall hereafter deliver to any railway or trans- portation company or other common carrier commod- ities for transportation and exportation by rail from the United States to foreign countries, shall also dehver to the collector of customs at the frontier port through which thC)ai*^^Jb^S^»tiSS(i)J® foreign country a mani- fest, in such form as the Secretary of Commerce may BUEBAU OF FOBEIGN AND DOMESTIC COMMEECE. 123 prescribe, duly certified as to its accuracy by said person or his agent, exhibiting the kinds, quantities, and values of the several articles delivered by such person or his agent for exportation. And no railway car containing commodities, the product or manufac- ture of the United States or foreign goods, duty paid or free of duty, intended to be exported to any foreign coun- try, shall be permitted hereafter to leave the United States until the agent of the railway or transportation company, or the person having such car in charge, shall deliver to the customs ofl&cer at the last port in the United States through which the commodities pass into foreign territory a manifest thereof, which shall specify the kinds and quan- tities of the commodities in the form prescribed by the Secretary of Commerce, and until the manifest, exhibiting the kinds, quantities, and values of the several com- modities, shall have been dehvered to the collector of customs, as above required, by the person exporting such commodities, or by his agent, or information satisfactorv to such customs officer as to the kind, quantities, and val- ues of the domestic and foreign free or duty paid com- modities laden on such car. The agent or employee of any railway or transportation company who shall transport such commodities into a foreign country before the deliv- ery to the collector of customs of the manifest, as above required shall ba liable to a penalty of fifty doUars for each oflFense: Provided, That the provisions of this law shalUapply to commodities transported to the frontier in railway cars for exportation and transshipment across the frontier into the adjacent foreign territory in ferry boats or vehicles, so far as to require the person in charge thereof to furnish to the collector of customs information of the kinds, quantities, and values of such commodities: And provid^ further, That nothing contained in the fore- foing shall be held as applicable to goods in transit etween American ports by routes passing through for- eign territory or to merchandise in transit between places in the Dominion of Canada by routes passing through the United States, or to merchandise arriving at the ports designated under the authority of section three thousand and five of the Revised Statutes, and which may be des- tined for places in the Republic of Mexico. The annual report of the statistics of commerce and i^°^^^ *™'*® navigation shall state the kinds, quantities, and value of R- s., sss. the merchandise entered and cleared coastwise into and from the collection districts of the United States. It shaU be the duty of the officer in charge of the „,4„^jgJ ^«|°^? Bureau of Foreign and Domestic Commerce to gather, terstate com- collate, and annually report to the Secretary of Commerce, teriy reports"!"*'' for transmission to Congress, statistics and facts relat-gj^^^-jl'j"'''^^* ing to commerce with foreign nations and among the several States,* the railroad systems of this and other ' As Congress has failed to provide an appropnation to carry out the purposes of this provision, its requirements are suspended until Congress sees fit to appropriate again for the work therein imposed. 124 DEPARTMENT OF COMMERCE. countries, the construction and operation of railroads, the actual cost of such construction a,nd operation of raUroads, the actual cost of transporting freights and passengers on railroads, and on canals, rivers, and other navigable waters of the United States, the charges imposed for such transportation of freight and passen- gers, and the tonnage transported;^ and the reports [see E. S., 339, below] now by law required to be prepared and published monthly in the said Bureau of Foreign and Domestic Commerce shall hereafter be prepared and pub- lished quarterly under the direction of the Secretary of Commerce. ort° ot^'e'' orte ^^^ Chief of the Bureau of Foreign and Domestic Com- and imports?" ^ mcrce shall, under the direction of the Secretary of Com- B.s.,ss9. merce, prepare and publish monthly reports of the exports and imports of the United States, mcludiag the quantities and values of goods warehoused or with- drawn from warehouse, and such other statistics relative to the trade and industry of the country as the Secretary of Commerce may consider expedient. [See last clause of paragraph above.] • Annual state- 'I'^^q Chief of the Bureau of Foreign and Domestic Com- ment oimercnan- in 1 ^ j_ j_ J n dise by Bureau, mercc shall prepare an annual statement or all mer- B.s.,s4i. chandise passing in transit through the United States to foreign countries, each description of merchandise, so far as practicable, warehoused, withdrawn from ware- house for consumption, for exportation, for transporta- tion to other districts, and remaining in the warenouse at the end of each fiscal year. manufactores "' '^^^ Chief of the Bureau of Foreign and Domestic Com- B. 3., Sit. ' merce shall collect, digest, and arrange, for the use of Con- gress, the statistics of the manufactures ^ of the United States, their localities, sources of raw material, markets, exchanges with the producing regions of the country, transportation of products, wages,' and such other condi- tions as are found/ to affect their prosperity. B^^Ms^^' ^^"^ Secretary of Commerce shall cause the annual report on the statistics of commerce and navigation, re- Suu:ed from the Chief of the Bureau of Foreign and (omestic Commerce, to be prepared and printed accord- ing to law, and to be submitted to Congress at as early a day in each regular session as practicable, and not later than the first Monday in January. nu^?™orte! "" t'^^® Secretary of Commerce] shall also prescribe the je. s., uu forms of the aimual statements to be submitted to Con- gress by him showing the actual state of commerce and navigation between the United States and foreign coun- tries, or coastwise between the collection districts of the United States, in each year. ' statistics concemlne railroads are gathered and published by the Interstate Com- merce Commission. (Act of Feb. 4, 1887, as amended Mar. 2, 1889.) 2 These statistics are gathered and published by the Bureau of the Census. >^E&du'ty iMSt^SSUi^ MJSCftJfifi® statistics, ofthe Department of Labor. BUREAU OF FOKEIGN AND DOMESTIC COMMEECE. 125 / DUTIES TKANSFEBBED FROM STATE DEPARTMENT. * * * That the Bureau of Foreign Commerce, now^i^"^" "' ^"' in the Department of State, be, and the same hereby is, transferred^™*"" transferred to the Department of Commerce and con- SMtHmiTlt^ sohdated with and made a part of the Bm-eau of Statis- tics, hereinbefore transferred from the Department of the Treasury to the Department of Commerce, and the two shall constitute one bureau, to be called the Bureau of Statistics, with a chief of the bureau. The Secretary of Commerce shall annually lay before mSmi^o?^ Congress*? ■" tlon to congress. A statement, in a compendious form, of all such *•*••*"*• * * * commercial information contained in the official pubhcations of other governments, which he shall deem sufficiently important. A syno|feis of so much of the information which may have been communicated * * * by diplomatic and consular officers during the preceding year as he may deem valuable for pubhc information; * * * A statement of the lists of passengers arriving in the United States from foreign places, returned to him quarter- yearly by the collectors or customs. The Secretary of Commerce shall publish official noti- ?.'JJl'''?'i''?,°' «,. J. •',. ■■■ M ^ • 1 • commercial inior- tications, from time to tmae, of such commercial in- mation; formation communicated * * * by diplomatic and ^•^•<^"- consular officers, as he may deem important to the public interests, in such newspapers, not to exceed tmree in number, as he may select. Consuls and commercial agents of the United States in tuSfhoS'^co'^ foreign countries shall procm-e and transmit to the De- suis. partment of State [for the Department of Commerce] jiJe'tiJim(2s authentic commercial information respecting such coun- **"'■' '^'>- tries, of such character and in such maimer and form and at such times as the Department may from time to time prescribe. It shall be the duty of consuls to make to the Secretary ex|o*rte"aSd im- of State [for the Secretary of Commerce] a quarterly ports from con- statement of exports from, and imports to, the different °"ji».«r,i«79(«o places to which they are accredited, giving, as near as **"'•' *'^''- may be, the market price of the various articles of ex- ports and imports, the duty and port charges, if any, on articles imported and exported, together with such general information as they may be able to obtain as to how, where, and through what channels a market may be opened for American products and manufactures. In addition to the duties now imposed by law, it shall be ^f''" ^'*''*' the duty of consuls and commercial agents of the United States, annually, to procure and transmit to the Depart- ment of State, as far as practicable, information respect- ing the rate of wages paid for skilled and unskilled labor within their respective jurisdictions. Digitized by Microsoft® 126 DEPAETMENT Or ^^wiViivij]ija,vjj:i. im'oOTisii^™* Every consular officer shall furnish to the Secretary of B.s.,i7is. Commerce, as often as shall be required, the prices Sto","i«eV***^^* current of all articles of merchandise usually exported to the United States from the port or place in which he is situated; and he shall also furnish to the Secretary of Commerce, at least once in twelve months, the prices cur- rent of aU articles of merchandise, including those of the farm, the garden, and the orchard, that are imported through the port or place in which he is stationed. And he shall also report as to the character of agricultural implements in use, and whether they are imported to or manufactured in that country. w^ht*Midoota' -^ terms of measure, weight, and money shall be re- how expressed. ' duccd to, and expressed in, terms of the measure, weight, sdf'm^!^^^'^ and coin of the United States, as well as in the foreign stif'W^^ (*» terms. No part of such reports [consular and other commercial reports] discussing partisan pohtical, religious, or moral questions shall be published. trac^^'^wMi Hv [Statistics of the commerce and navigation between the waii, etc. United States and its noncontiguous territory are required by act of April 29, 1902.] Publications. [Qj the act of January 12, 1895 (28 Stat., 616), Con- jf ees has specifically directed the printing of the Statis- tical Abstract of the United States, Annual Report on the Commerce and Navigation of the United States, Internal Commerce of the United States, and Commer- cial Relations of the United States, and by resolution of December 18, 1895 (29 Stat., 459), the printing of the Monthly Summary of Commerce and Finance. By act of June 25, 1910 (36 Stat., 821), an edition of Daily Con- sular and Trade Reports, not to exceed 20,000 copies, is authorized.] Digitized by Microsoft® BUREAU OF LIGHTHOUSES. The first lighthouse on. this continent was bmlt in 1715-16, at the entrance to Boston Harbor, by the Province of Massachusetts, and was supported by light dues on all incoming and outgoing vessels, except coasters. Several other lighthouses were built by the colonies. Congress by the act of August 7, 1789, authorized the maintenance of lighthouses and other aids to navigation at the expense of the United States. There were at that date eight lights in operation, maintained by the colonies. These, together with others completed later, thir- teen in all, were ceded to the General Government by the States. The maintenance of Hghthouses, buoys, etc., was placed under the Treasury Department, and up to 1820 was directed personally by the Secretary of the Treasury, except for two intervals, when supervision was assigned by him to the Commissioner of Kevenue. In 1820 the superintendence of the lights devolved upon the Fifth Auditor of the Treasury, who was popularly known as the General Superintendent of Lights, and who continued in charge thereof imtil 1852, when the United States Lighthouse Board, consisting of officers of the Navy and Army, and civifians, was organized, with the Secretary of the Treasiuy as ex officio president of the Board. The. Board selected from its own number a member to act as chairman. The Lighthouse Service was transferred to the Department of Commerce on Jidy 1, 1903. On Jidy 1, 1910, the Lighthouse Board was terminated, and the present Bureau of Lighthouses estabhshed. In this Bureau four officers are appointed by the President — a Com- missioner of Lighthouses, a Deputy Commissioner, a Chief Construct- ing Engineer, and a Superintendent of Naval Construction. The United States Lighthouse Service is charged with the estab- lishment and maintenance of aids to navigation, and with all equip- ment and work incident thereto, on the sea and lake coasts of the United States, on the rivers of the United States, and on the coasts of aU other territory imder the jurisdiction of the United States, with the exception of the Philippine Islands and Panama. The juris- diction of the Lighthouse Service over rivers not included in tidewater navigation is restricted to such as are specifically authorized by law; these now include practically all the important navigable rivers and lakes of the coimtry. All the work of estabhshing and maintaining the aids to navigation under the jurisdiction of the Lighthouse Service is performed directly by that Service through the district organizations, with the exception of a few minor aids which are maintained by contract, and with the Digitized by Microsoft® 127 128 DEPABTMENT Oj uuiviiviJJiiUJi. exception, of the American. Samoan Islands and Guantanamo Bay, Cuba, where the aids are maintained through the local authorities. The Lighthouse Service also has supervision over the establishment and maintenance of private aids to navigation. There is an office in Washington, which is the executive center of the Service, under the Commissioner of Lighthouses and the Deputy Commissioner. There are in this office an engineering construction division, under the Chief Constructing Engineer; a naval construction division, under the Superintendent of Naval Construction; a hydro- graphic division, under an assistant engiaeer, and the general office force, under the chief clerk. The Service outside of Washington is divided into nineteen light- house districts, each of which is under the charge of a lighthouse inspector. In each district there is a central office at a location selected on account of either its maritime importance or its geograph- ical position, and there are also one or more lighthouse depots located conveniently for carrying on the work of th6 district, in the matter of storing and distributing supplies and apparatus. Each district is provided with one or more lighthouse tenders for the purpose of distributing supphes to the various stations and light vessels and for transportation of materials for construction or repair, for the placiag and care of the buoyage system in the district, and for transporting the inspector and other officers of the Service on official inspections of stations and vessels and on other official duty. In addition to the various district depots, there is in the Third lighthouse district, on Staten Island, New York Harbor, a general lighthouse depot, where many of the supphes for the whole Service are purchased and stored and sent out for distribution, and where much of the special apparatus of the Service is manufactured or repaired, and where also there is carried on various technical work in the way of testing apparatus and supphes and designing or improv- ing apparatus. On June 30, 1912, there were 44 regular lighthouse tenders in com- mission, and the Service maintained light vessels at 51 stations'; having for this purpose 65 light vessels, of which 14 were relief vessels, making a total of 109 vessels. The number of employees was 5,534, and the number and classes of aids to navigation maintained by the Service were as follows : Lighted aids: Lights (other than post lights) 1, 475 Post lights 2,552 Light- vessel stations 51 Gas buoys 346 Float lights 92 Total Digitized by Microsoft® 4,5i6 BtTBEAU or LIGHTHOUSES. 129 Unliglited aids: Fog signals 510 Submarine signals 43 Whistling buoys, unlighted 84 Bell buoys, unlighted 205 Other buoys 5, 992 Day beacons 1, 474 Total 8, 308 Grand total 12, 824 The number of private aids to navigation maintained was 507. The appropriations made by Congress for the general maintenance of the Lighthouse Service for the fiscal year ending June 30, 1913, amount to $5,037,410; the appropriations made for special works are $526,500. The average appropriations for special works for the ten preceding years, 1903 to 1912, inclusive, amounted to $1,028,450 per year. The special works include new lighthouses, fog signals, tenders, light vessels, and depots, and extensive improvements or rebuilding of these. A report of the operations of the Lighthouse Service is submitted annually by the Commissioner of Lighthouses to the Secretary of Commerce and transmitted to Congress. The Service also publishes Weekly Notices to Mariners (jointly with the Coast and Geodetic Survey), Light Lists for the various coasts, and Buoy Lists for each lighthouse district. These publications are distributed free. Chairmen of the Lighthouse Board and Commissioner of Lighthouses, with dates of service. Name. CHAIKMEN or LIQHTHOUSB BOARD. WUliamB. Shubrick, captain, U. S. Navy Lawrence Kearney, captain, U. S. Navy William B. Shubriok, rear admiral, U. S. Navy Prof. Joseph Henry, LL. D. (secretary of the Smithsonian Institution) John Bodgers, rear admiral, IT. S. Navy Robert H. Wyman, rear admiral, U. S. Navy Stephen C. Eowan, vice admiral, U. S. Navy David P. Harmony, rear admiral, U. S. Navy James M. Greer, rear admiral, U. S. Navy JohnG. Walker, rear admiral, IT. S. Navy Winfleld S. Schley, commodore, IT. S. Navy P. v. MoNair, rear admiral, U. S. Navy Eush R. Wallace, commodore, IT. S. Navy FrMicis J. Higginson, commodore, IT. S. Navy Norman H. Farquhar, rear admiral, IT. S. Navy George C. Bemey, rear admiral, U. S. Navy John J. Bead, rear admiral, IT. S. Navy Robley D. Evans, rear adiniral, IT. S. Navy Benjamin P. Lamberton, rear admiral, U. 6. Navy Georee C. Belter, rear admiral, 0. S. Navy A. Maiix, rear admiral, U. S. Navy COMMISSIONER OF LIGHTHOUSES. George R. Putnam Digitized tiy MlGrOSOft®- " " 76224°— 13 9 Oct. Fib. June Oct. June June Jan. Feb. June Dec. Apr. M!ar. July Oct. May May Aug. June Jan. Feb. Jan. 9,1852 7,1859 6,1859 30,1871 23,1878 5,1882 18,1883 27,1889 1,1891 4,1894 5,1897 18,1898 11,1898 3,1898 2,1901 6,1902 8,1903 20,1904 6,1905 25,1906 6,1908 Feb. June Oct. May May Deo. Feb. May Deo. Mar. Mar. July Oct. Apr. May Aug. June Jan. Feb. Dec. June 7,1859 6,1859 30,1871 13, 1878 5,1882 2,1882 26,1889 29,1891 1,1894 23,1897 25,1898 5,1898 3,1898 22,1901 6,1902 8,1903 17,1904 5,1905 25,1906 31, 1907 30,1910 July 1,1910 naval construc- tion. 130 DEPARTMENT OF COMMEECE. LAW PERTAINING TO THE BUREAU OF LIGHTHOUSES AND THE LIGHT- HOUSE SERVICE. [As modified by acts of Febraary 14, 1903, June 17, 1910, and March 4, 1913.] Lirti^houM? "' Hereafter there shall be in the Department of Com- commissioner. merce a buTeau of light-housea and a commissioner of s(o"r«3lj!*««cf 4 light-houses, who shall be the head of said bureau, to (.in part). '. })q appointed by the President, who shall receive a salary Deputy, chief of fivB thousand dollars per annum. There shall also be eiMk, inspectors, ^^ ^j^^ bureau a deputy commissioner, to be appointed by the President, who shall receive a salary of four thousand dollars per anniun, and a chief clerk, who shall perform the duties of chief clerk and such other duties as may be assigned to him by the Secretary of Commerce or by the commissioner. There shall also be in the bureau such in- spectors, clerical assistants, and other employees as may in^'en towr^and ^^^^^ ^imo to time be authorized by Congress,' and there superintendent of Shall also be employed one chief constructing engineer at -na-rral nrtno+T^i/*— ^ PPjl Till 1 a salary oi tour thousand dollars per annmn and one superintendent of naval construction at a salary of three thousand dollars per annum, both to be appointed by the President. mfesioM?^ *^°™' Hereafter, in case of the absence of the Commissioner juiy27',i9i2{S7 and Deputy Commissioner of the Bureau of Lighthouses, Stat., m), sec. g. ^]^g Secretary of Commerce may designate some officer of said bureau to perform the duties of the commissioner during his absence. be^'^^l^ed to "^^^ Commissioner of light-houses, subject to the aj)- each district. proval of the Secretary of Commerce, as soon as practi- 8Mt^BSi)',i%°iu cable, shall rearrange the ocean, gulf, and lake coasts and the rivers of the United States, Porto Rico, and the naval station in Cuba into not exceeding nineteen light-house districts, and a light-house inspector shaU be spectore? °' *"' assigned in charge of each district. The light-house inspectors shall each receive a salary of two thousand four hundred dollars per annum, except the inspector of the third district, whose salary shall be three thousand six signmenF ^J hundred dollars per annum. The President may, for a Army and Navy period not exceeding three years from the taking effect of this section, assign army and navy officers to act in lieu of the appointment of civilian light-house inspectors, but such army and navy officers shall not receive any salary or compensation in addition to the salary or compensation they are entitled to as such army or navy officers: Pro- cefsfo?Mfesissi^I 'oid^^, That in the districts which include the Mississippi piEiver,eto.,djs- River and its tributaries the President may designate army engineers to perform the duties of and act as inspec- Detaii 'or con- tors. The President may detail officers of the Engineer s rue on, e . QQjps of the United States Army for consultation or to superintend the construction or repair of any aid to navi- gationau^o^e^^^^ngres^^ ' The personnel of the Bureau is provided for in the annual appropriation acts. BUREAU OF LIGIITHOUSES. 131 No additional salary shall be allowed to any civil, mili- ^^^° au1)wed°*' tary, or naval officer on account of his being * * * j^ **|'s^ ^s7s. ' any manner attached to the light-house service. Hereafter officers of the Army and Navy detailed for ens^^of^ffflceS service in connection with the light-House Establishment o(°^Army'' and shall be paid their actual traveling expenses when travel- ^^el"2« worw ing under orders on official duty to and from poiats ^*"*-' **'^^- which can not be conveniently reached by vessel or rail- road. The Secretary of Conamerce is authorized to regulate Keepers, secre- the salaries of the respective keepers of light-houses in sSies'o" such manner as he deems just and proper, but the whole ^" *' ^"' sum allowed for such salaries shall not exceed an average of six hundred doUars to each keeper. Every light-house keeper and assistant light-house j.^^l^^i^nSj^g^''^ keeper in the Light-House Establishment of the United ere. ™^* ^^' States shall be entitled to receive one ration per day or, in sm^Jies]!^"^^^^ the discretion of the Commissioner of Lighthouses, com- mutation therefor at the rate of thirty cents per ration.^ Hereafter the Secretary of Commerce is authorized to ?'°"i'°s for 1 p ,1 *' * 1 ' p ii x'lii crews 01 Y6ss6is> purchase, from the appropriations lor the Lighthouse Juiys? ms^sr Service, clothing for the crews of vessels, to be sold to^R'efmbur/e- the employees of said service and the appropriations reim- '?™* ?■"■ rations, , t'^ "^ 1 1 ji • 1 f^ ^ 1 St"'! lurnisnea bursed; and hereafter reunbursement, under rules pre- ship wrecked scribed by the Secretary of Commerce, is authorized to^®^^""^' keepers of light stations and masters of light vessels and of lighthouse tenders for rations and provisions and cloth- ing furnished shipwrecked persons who may be tempora- rily provided for by them, not exceeding in all five thousand dollars in any fiscal year. Hereafter the benefits of the Act of May thirtieth, nine- ^^l^^^ *" ^'"• teen hundred and eight (Thirty-fifth Statutes, page five lud.' hundred and fifty-six), entitled "An Act granting to cer- tain employees of the United States the right to receive from it compensation for injuries sustained in the course of their employment," shall be extended to persons em- ployed by the United States in any hazardous employ- ment in the Lighthouse Service. The commissioner of light-houses shall make an annual ^jP'j'^jj^j.'''^°°i- report to the Secretary ol Commerce, who shall transmit Jmeir'.iBioise the same to Congress at the beginning of each regular finpart)f' '^' ^ session thereof; and such commissioner, subject to the ^^"tmeT'of approval of the Secretary of Commerce, is hereby author- claims for dam- ized to consider, ascertain, adjust, and determine all claims Ss. """ '^° for damages, where the amount of the claim does not exceed the sum of five hundred dollars, hereafter occa- sioned by collisions, for which collisions vessels of the Light-House Service shall, be found to be responsible, lit is provided by Treasury Denartraent Circular No. 77, 1875, dated June 23, 1875, tliat"Slckanddisabledseamenen:'rJc.i'Ki.iuifefS3ij * * '' of ;/.«• Lighthouse Service will be admitted to the benefits of the Marine-Hospital Service upon application of their respective commanding olflceis." 132 DEPAKTMENT OF COMMEBCE. and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out, of appropriations that may be made by Congress therefor. ii?use*Board "^^ outies performed and all power and authority trkn's^erred to now posscsscd or excrcised by the Light-House Board, ^^"fsec.T' under any provision of law not hereby repealed, are hereby transferred to and imposed and conferred upon and vested in the commissioner of light-houses, under the direction and control of the Secretary of Commerce. '^™toi^*'Sr T^® comroissioner of light-houses shall, under the the™ Light- direction and control of the Secretary of Commerce, '"iwl.f s".'r!' have charge and control of the construction, main- tenance, repair, illumination, inspection, and superin- tendence of light-house depots, supply stations, light and signal stations, light-houses, light-vessels, light-house tenders, fog signals, submarine signals, beacons, buoys, day marks, post-lantern lights, and seamarks and their appendages, and generally of the Light-House Service; and the charge and custody of all the archives, books, documents, drawings, models, returns, apparatus, and other things appertaining to the Light-House Establish- ment. se5ofS^fa°gls" [Section 14 of the act of May 28, 1908, designates the Commissioner of Lighthouses a member of a board to prepare regulations regarding the towage of seagoing baiges witmn inland waters. (See p. 176.)] leraiatioSi!'*"™ The Commissioner of light-houses, under the direction nid., sec. 10. and control of the Secretary of Commerce, shall, from time to time, prescribe and distribute such regulations as he may deem proper for securing an efficient, uniform, and economic administration of the Light-House Service. <^u*ired'^?o?inate- -^ materials for construction, maintenance, repair, "'nli^see 8 ^^^ operation shall be procured by public contracts, ■' ' under such regulations as may from time to time be pre- scribed by the commissioner, subject to the approval of the Secretary of Commerce, and no contract shall be made except after public advertisement for pro- posals in such form and manner as to secure general notice thereof, and the same shall only be made with the lowest and best bidder therefor, upon security deemed sufficient in the judgment of the commissioner of light- houses, but all bids may at any time be rejected by the Open-market Commissioner: Provided, however, That the commissioner puictases. ^j light-houses may purchase illuminating oil, wicks, and chimneys for lights, and ground tackle for light-vessels and buoys, and to an amount not exceeding five hundred dollars at any one time, other materials and supplies when immediate delivery is required by an exigency, by private contract or in the open market, if he deems it lor the best interests ^j}jflt^§ff^ifif^i^^§c^^ but such purchases shall BUREAU OF LIGHTHOUSES. 133 be set forth in the annual report of the commissioner with the reasons for purchasing other than upon bids after public advertisement. ' Hereafter supplies and equipment for special works of supplies to be the Lighthouse Service may be furnished from general g'^e'raistocks.'"" stock and the api)ropriation "General expenses, Light- st^^^ofh^*^* f*'' house Service," reimbursed therefor from the respective appropriations for special works. It shall be the duty of the Commissioner of Light- ,Al' money ap- houses to apply the money appropriated, other than for &act. "'' "'"" surveys, as far as can be without detriment to the interests sifMi)^^'' ^*' of the Government, by contract. Hereafter any and all proposals for bids for any new competition in machinery or other new equipment necessarv in the repair ' Mm. 4, tm (ss of any vessel in the Light-House Service shall be on speci- ^""■^^^^■ fications prepared and submitted that will secure com- petition in the bids for furnishing such machinery or equipment. The Secretary of Commerce be, and he hereby is, Partial pay- authorized to make partial payments, from time toSs. "^ '^°' time, upon existing contracts and all contracts here- SM^mf^^ '■^^ after made for the construction of vessels for the * * * [Lighthouse Service], but not in excess of seventy-five per cent of the amount of the value of the work already done; and that the contracts hereafter made shall pro- vide for a Hen upon such vessels for aU advances so made: Provided, That nothing in this Joint Kesolution shall be ^construed to hereafter authorize any partial payments, except on contracts stipulating for the same and then only in accordance with such contract stipu- lation. No advance of public money shall be made in any case Payments not whatever. And m aU cases of contracts for the perform- 0? previous Tabor ance of any service, or the delivery of articles of any^Ts-'^W description, for the use of the United States, payment shall not exceed the value of the, service rendered, or of the articles delivered previously to such payment. I shall, however, be lawful, under the special direction of the President, to make such advances to the disbursing officers of the Government as may be necessary to the faithful and prompt discharge of their respective duties, and to the fulfillment of the public engagements.* No inspector, light-keeper, or other person in any man- ge^ioe^^tafi t ner connected with the light-house service, shall be inter- inter^tod Si con- ested, either directly or indirec fcly , in any contract for labor, '""b.*^., 4m. materials, or supphes for the light-house service, or in any patent, plan, or mode of construction or illumination, or m any article of supply for the light-house service. 1 Under date of June 15, 1877, the President directed that needful advances of moneys 134 DEPABTMENT OF ^^.,^ Purchase of tj^q commissioner, imder the direction of the Sec- ^^^fir^wfo^e retary of Commerce, is authorized, whenever an appro- stat.,6si),sec.9. pj-ja^^ion is made by Congress for a new light-house, the proper site for which' does not belong to the United States, to purchase the necessary land for such site, provided the purchase money be paid from the amount appropriated for such lighVhouse without exceeding the limit of cost, if any, fixed in such case; and the commissioner of light-houses is authorized to employ temporarily draftsmen for the preparation of plans for tenders and light-vessels which may be authorized by Congress, to be paid from the respective appropriations therefor. Purchase of Hereafter the purchase of necessary additional land for ^ Ma?!f,i9^ (si' light stations and depots is authorized under rules pre- stat.,toi8). scribed by the Secretary of Commerce: Provided, That no single acquisition of such additional land shall cost in excess of $500. h^'d* beacon The Secretary of Commerce is hereby authorized, when- sjtes. ever he shall deem it advisable, to acquire, by donation sm"m)':^^^^^OT purchase in behalf of the United States, the right to use and occupy sites for * * * pier-head beacons the establishment of which has been, or shall hereafter be, authorized by Congress. untn titS^xanf- ^^ public money shall be expended upon any site or Sd, aid consent land purchased by the United States for the purposes of °'l!s^,l«!°' erectmg thereon any armory, arsenal, fort, fortification, navy-yard, custom-house, light-house, or other public buUd- ing, or any kind whatever, untU the written opinion of the Attorney-General shall be had in favor of the validity of the title, nor until the consent of the legislature of the State in which the land or site may be, to such purchase, has been given. The district attorneys of the United States, upon the application of the Attorney-General, shall furnish any assistance or information in their power in relation to the titles of the public property lying within their respective districts. And the Secretaries of the De- partments, upon the application of the Attorney-General, shall procure any additional evidence of title which he may deem necessary, and which may not be in the posses- sion of the ofiicers of the Government, and the expense of procuring it shall be paid out of the appropriations made for the contingencies of the Departments respectively. "^Maf.TYam.ki Hereafter all legal services connected with the pro- sm., m). curement of titles to site for public buildings, other than for life saving stations and pier-head lights, shall be ren- dered by United States district attorneys: Provided fur- ther, That hereafter, in the procurement of sites for such gublic buildings, it shall be the duty of the Attomey- reneral to require of the grantors in each case to furnish, free of all expenses to the Government, all requisite abstracts,D!i^2a!bbfej;tJlK«3tK«iS@ind evidences of title that the Attorney-General may deem necessary. The President of the United States is authorized to pro- thorffed* "o ro- cure the assent of the legislature of any State, within cine assent''™! which any purchase of landhas been made for the erection ^*^*°s., ms. of forts, magazines, arsenals, dock-yards, and other needful buildings, without such consent having been obtained. No light-house, beacon, public piers, or landmark, shall ^o lighthouse 1 1 ., .° , 'j ' K £., ' . „..,'.,. erected until ces- be built or erected on any site until cession of jurisdiction sion. over the same has been made to the United States.' *' ^■' "***'■ A cession by a State of jurisdiction over a place selected jeS^e*"^ ™ ^ ^ as the site of a light-house, or other structure or work of process. """^ the Light-House Establishment, shall be deemed sufficient ^" ^'' ^^^' within the preceding section, notwithstanding it contains a reservation that process issued under authority of such State may continue to be served within ^uch place. And notwithstanding any such cession of jurisdiction contains no such reservation, all process may be served and exe- cuted within the place ceded, in the same manner as if no cession had been made. In every case in which the Secretary of the Treasury of?and'^*™^*'°" or any other officer of the Government has been, or here- Aug.'i, isss m after shall be, authorized to procure real estate for the**"''*'*'^''*'^''' erection of a public building or for other public uses he shall be, and hereby is, aumorized to acquire the same for the United States by condemnation, imder judicial process, whenever in his opinion it is necessary or advan- tageous to the Government to do so . And the United States circuit or district courts of the district wherein such real estate is located, shall have juriediction of proceedings for such condemnation, and it shall be the duty of the Attorney- General of the United States, upon every application of the Secretary of the Treasury, under this act, or such other officer, to cause proceedmgs to be commenced for condemnation, within thirty days from the receipt of the application at the Department of Justice. The practice, pleadings, forms and modes of proceed- ™''-.««.s. ing in causes arising under the provisions of this act shall conform, as near as may be, to the practice, plead- ings, forms and proceedings existing at the time in like causes in the courts of record of the State within which such circuit or district courts are held, any rule of the court to the contrary notwithstanding. Authority is hereby given to the Secretary of Com-ig^^'«*^Yoc™u^ merce to lease, at his discretion for a period not exceeding pied u. s. prop- five years, such unoccupied and improductive property "'iir. s, im {,m of the United States under his control, for the leasing of *""•' **^)- which there is no authority under existing law, and such leases shall be reported annually to Congress.^ 1 This section is amended in special cases to allow lights on leased ground. ( See p. 137. ) 'This provision applies to all property o( the Department otOommeroe formerly under the control of the Secretary of the Treasury, and includes property of the Light- house Service. Digitized by Microsoft® uj:jjrA.ixj.vfXKJA.-> j. Secretary may The Secretary of Commerce shall have power to order sellrealestate,etc. , , , •'. ,, , r,. ,<^ « , jwneBs,i87i(.i8 the Sale at auction, aiter due public notice, or ar^real stat.,Bi7). estate or other property pertaming to the Light House Establishment, no longer required for light-house pur- poses; the proceeds of such sales, after the payment therefrom of the expenses of making the same, to be deposited and coTered into the Treasury as miscellaneous receipts, as now provided by law in like cases. co?dlmned'"su°- Hereafter when any condemned supplies, materials, piSs and land. ^ equipment, or land can not be profitably used in the work sM."'!m9)!^^^^ of the Lighthouse Service the same shall be appraised and sold, either by sealed proposals for the purchase of the same or by public auction after advertisement of the sale for such time as in the judgment of the Secretary of Commerce the public interests require, the proceeds of such sales, after the payment therefrom of the expenses of making the sales, to be deposited and covered into the Treasury as miscellaneous receipts as now provided for by law in like cases. tended^to'°Son- ]!X^^ jurisdiction of the Lighthouse Service has been contiguous terri- extended to noncontiguous territory, as follows : Hawaiian rivS. °'°'' *°Islands, Executive order of December 28, 1903; Guantan- amo Bay, Cuba, Executive order of December 29, 1903; Midway Islands, Executive order of December 9, 1904; Island of Guam, Executive order of May 13, 1905 ; Ameri- can Samoan Islands, Executive order of July 3, 1905 ; Porto Rico and adjacent American waters, act or April 12, 1900 (3 1 Stat. , 80) . Jurisdiction over rivers ' ' for the establish- ment of such beacon lights ,*day beacons, and buoys as may be necessary for the use of vessels navigating those streams ' ' has been conferred, for various rivers, by acts of Congress, as follows : Alaskan waters June 30, 1906 (34 Stat., 713). Atchafalaya River, La ■. June 17, 1910 (36 Stat., 534). Barataria, Bayou, La Bo. Cape Pear River, N. C Mar. 3, 1885 (23 Stat., 487). Columbia River, Oreg Aug. 4, 1886 (24 Stat., 228). Connecticut River, Conn Oct. 2, 1888 (25 Stat., 512). Crescent Lake, Fla June 17, 1910 (36 Stat., 534). Delaware River, between Philadelphia, Pa., andBordentown, N.J Mar. 3, 1899 (30 Stat., 1080). Delaware River, between Philadelphia, Pa., and Trenton, N. J June 25, 1910 (36 Stat., 754). Dunn Creek, Fla June 17, 1910 (36 Stat., 534). East River, N. Y Mar. 3, 1887 (24 Stat., 516). Elk River, Md Do. Fox River, Lake Winnebago and con- necting lakes and channels, Wis May 27, 1908 (35 Stat. , 334). Grand Lake, including Chicot Pass, La.. Mar. 3, 1887 (24 Stat., 516). Hawaiian waters June 30, 1906 (34 Stat., 713). Hudson River, N. Y Mar. 3, 1885 (23 Stat., 487). Illinois River, 111 Oct. 2, 1888 (25 Stat., 512). Indian River, Fla Mar. 2, 1889 (25 Stat., 946). James River, Va Mar. 3, 1899 (30 Stat., 1080). Kanawha River, W. Va Mar. 3, 1887 (24 Stat., 51 6). La Fourche Bayou, La June 17, 1910 (36 Stat., 534). Lake des Allemands, La Do. Digitized by Microsoft® BUREAU OF LIGHTHOUSES. X37 Lake of the Woods, ineluding Eainy River.Minn Mar. 4, 1907 (34 Stat., 1320). Lake of the Woods, including Rainy River and Warroad Harbor, Minn June 17, 1910 (36 Stat., 534). Lake Salvador, La Do. Lake Traverse, Minn, and S. Dak Do. Little Lajce, La Do. Missouri River June 23, 1874 (18 Stat., 220). Mississippi River Do. Monongahela River, W. Va. and Pa June 30, 1906 (34 Stat., 713). Ohio River June 23, 1874 (18 Stat., 220). Perot, Bayou, La June 17, 1910 (36 Stat., 534). Puget Sound, Wash Mar. 3, 1887 (24 Stat., 516). Raritan River, N.J Mar. 2, 1889 (25 Stat., 946). Red River, La Mar. 3, 1881 (21 Stat., 439). Sacramento River, Cal Oct. 2, 1888 (25 Stat., 512). San Joaquin River, Cal Do. Savannah River, Ga Mar. 3, 1885 (23 Stat., 487). Segnette, Bayou, La June 17, 1910 (36 Stat., 534). St. Croix River, including Lake St. Croix, Wis. andMirm July 27, 1912 (37 Stat., 239). St. Johns River, Fla Mar. 3, 1885 (23 Stat., 487). St. Louis and Superior Bays, Lake Supe- • rior, Channels of Aug. 5, 1892 (27 Stat., 353). Tennessee River, Ky., Teim.,and Ala Mar. 3, 1887 (24 Stat., 516). Thames River, Conn Mar. 3, 1891 (26 Stat., 956). Vaiars, Bayou, La June 17, 1910 (36 Stat., 534). Washington Sound and adjacent waters. Wash Mar. 2, 1889 (25 Stat., 946). Willamette River, Oreg Aug. 4, 1886 (24 Stat., 228). York River, Va Aug. 18, 1894 (28 Stat., 377).] [The Commissioner of Lighthouses is authorized ^ sfal'^sm'^^^^'^ lease the necessary ground for all such lights and beacons on the above-named streams as are used to point out changeable channels, and which in consequence can not be made permanent.] Whenever any of the light- vessels occupying positions ^J^^j^*"^"* which are adapted to the erection of hght-houses upon pile- reoiaoe light ves- foimdations require to be rebuilt, or require such exten- ™|'. s., ma. sive repairs as to render the substitution of such light- houses advisable and practicable, such permanent struc- tures may be erected in place of any such light-vessels; but the expense, arising from all such changes and erec- tions shall be defrayed from the general annual appro- priations for repairs, and so forth, of light-vessels, except when a special appropriation is made for such change. The Commissioner of Lighthouses shall properly mark j^J^^^^^^'^**''''^ all pier-heads belonging to the United States situated on R- s.Uerr. the northern and northwestern lakes, whenever the Com- missioner is duly notified by the department charged with the construction or repair of pier-heads that the construc- tion or repair of any such pier-heads has been completed. The Commissioner of Lighthouses may, when he deems ^]^^^^ '" ''® it is necessary, place a light-vessel, or other suitable warn- n. s.lms. ing of danger, on or over any wreck or temporary obstruc- tion to the entrance of any harbor, or in the channel or fairway of any bay or sound. Digitized by Microsoft® 138 DEPARTMENT O s ^"mkl^K^is * * * And whenever a vessel, raft, or other craft ,aec. . ^ .y^g(.]jg(j and sunk in a navigable channel, accidentally or otherwise, it shall be the duty of the owner of such sunken craft to immediately mark it with a buoy or beacon during the day and a lighted lantern at night, and to maintain such marks until the sunken craft is removed or abandoned, and the neglect or failure of the said owner so to do shall be unlawful * * *.' markel^ to be ^ parties owning, occupying, or operating bridges ^ug. 7, me (.Bs over any navigable river shall maintain at their own ex- stat., SOB). pense, from stmset to sunrise, throughout the year, such Mghts on their bridges as may be required by the Com- missioner of Lighthouses for the security of navigation; and in addition thereto, all persons owning, occupying, or operating any bridge over any navigable river shall, in any event, maintain all lights on their bridge that may be necessary for the security of navigation. ^(^"'m)'""*''^ ' ^^^ persons owning or operating any such bridge shall maintain, at their own expense, such lights and other signals thereon as the Secretary of Commerce shall prescribe. ^^am°°'°^^^^' -^J person, firm, company, or corporation required Mayu,wos[se\)j law to maintain a light or lights upon any bridge Stat., m), sec. 5. ^^ abutments over or in any navigable waters, who shall fail or refuse to maintain such light or lights, or to obey any of the lawful rules and regulations relat- Penaity. ing to the Same, shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding the sum of one hundred doUars for each offense, and each day during which such violation shall continue shall be considered as a new offense. mSkSf '" *^ "^^e persons constructing, maintaining, or operating junek,mo(s6 a,nj dam or appurtenant or accessory works, in ac- tat.,B94). cordance with the provisions of this Act, ghall be Uable for any damage that may be inflicted thereby upon pri- vate property, either by overflow or otherwise. The persons owning or operating any such dam, or accessory works, subject to the provisions of this Act, shall main- tain, at their own expense, such lights and other signals thereon * * * as the Secretary of Commerce shall Penalty for fail- prescribe, and for failure so to do in any respect shall be deemed guilty of a misdemeanor and subject to a fine of not less than five hvmdred dollars, and each month of such failure shall constitute a separate offense and subject such persons to additional penalties therefor. di^s'fonunu^d '^^^ Secretary of Commerce may, upon the recom- and^^reestab- mendation of the Commissioner of Lighthouses, dis- ii.s.,ien. continue from time to time such lights as may from any cause become useless or unnecessary. And he may, upon the like recommendation, from time to time reestab- iD^fffepffltrfjy jWASafI«S©#®is section, see page 140. BTJBEAU OF LIGHTHOUSES. 139 lish any lights which have been thus discontinued, when- ever he believes such reestablishment to be required by pubhc convenience or the necessities of trade or commerce. The Secretary of Commerce shall annuallv cause the I'eport on dis- r\ •• jT-iji i 1 ..1.1. continuance o( Commissioner or Liigntnouses to make a report to him for ugbts, etc. transmission to Congress of all aids to navigation in sto«?/6o')/se*.?* service which may be discontinued without distinct injury to the interests of navigation. It is hereby made the duty of the Commissioner of „^?'^ 7°* t^^ T'lji J p 1 'i...! 1 1 Pniladelpnia nar- Ldgntnouses to care tor and mamtam the anchorage buoys bors. in New York Harbor and PhUadelphia Harbor heretofore b™"s.°^"*^* placed there by the United States. i^-' ^^-i- All buoys along the coast, or in bays, harbors, sounds, „„S™P J" ^^ . V 1 tP-i 1 11 "i 1 , 1 . ' colored and num- or channels, shall be colored and numbered, so that pass- tered. ing up the coast or sound, or entering the bay, harbor, or *' ^'' ^^^' channel, red buoys with even numbers shall be passed on the starboard hand, black buoys with uneven numbers on the port hand, and buoys with red and black stripes on either hand. Buoys in chaimel-ways shall be colored with alternate white and black perpendicular stripes. The Secretaryof the Treasury may also establish such st^i'i^'lt ugSt llife-saving] stations at such lighthouses as, in his judg- houses. ment, he shall deem best, and the keepers of such nghts ' ' ^^^ ' shall take charge of such boats and apparatus as may be put in their charge respectively, as a part of their official duties. The Secretary of War is authorized to estabhsh signal- at ufhthouM^'""^ stations at light-houses and at such of the life-saving sta- s. s., ««s. tions on the lake or sea-coast as may be suitably located for that purpose, and to connect the same with such points as may be necessary for the proper discharge of the signal- service by means or a suitable telegraph-line in cases where no lines are in operation, to be constructed, maintained, and worked under the direction of the Chief Signal-Officer ^ of the Army, or the Secretary of War and the Secretary of the Treasury [or the Secretary of Commerce] ; and the use of -the life-saving stations as signal-stations shall be subject to such regulations as may be agreed upon by said officials. After the first day of January, nineteen hundred andp^?=^*|^iJj^i'"'s seven, it shall be urdawful for any person, company, cor- Jimao.meisi 8 oration, or municipality not under the control of the '"'" ''^"°' ommissioner of Lighthouses, to estabhsh, erect, or main- tain in the navigable waters of the United States any Hght as an aid to navigation, or any other aid to navigation similar to any of those maintained by the United States under the control and direction of the Commissioner of Lighthouses, without first obtaining permission so to do from the Commissioner of Lighthouses, in accordance with rules and regulations to be estabhshed by the Secretary 1 Act of October 1, 1890 (26 Stat~6S3J,.Brovlded fofiiJie translmjf the civilian duties theretofore performed by the SiP®«5H^D§lierMieQDS(SJ^hiet of the Weather Bureau. 140 DEPAETMENT 01 of Commerce; and any person violating the provisions of this section or any of the rules and regiuations established by the Secretary of Commerce in accordance herewith shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding the sum of one hundred dollars for each offense, and each day during which such viola- tion shall continue shall be considered as a new offense, ^^penaityforfaise Whoever holds out or shows any false light, or ex- \.'s.,e358. tinguishes any true light, with intent to bring any vessel 8m°'!'iiw)?sK. sailmg upon the sea into danger, or distress, or shipwreck, «"''• ' ' shall DC unprisoned not less than ten years and may be imprisoned for Ufe. °vi^'™uo°n fo*r° ^* shall be unlawful for any person to obstruct or in- bidden, terfere with any aid to navigation established or main- s*^?ieij//i*e!'* tained in the Light-House Establishment under the Commissioner of Lighthouses, or to anchor any vessel in any of the navigable waters of the United States so as to obstruct or interfere with range lights maintained thereia. Penalty. ^nd any person violating the provisions of this section shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding the sum of five hundred dollars for each offense, and each day during which such violation shall continue shall be considered as a new offense, ^^injury of piers, }^^j person who shall willfully and unlawfully injure Aug.ii,i87e(w any pier, breakwater, or other work of the United States Stat., m). £^j, ^^g improvement of rivers or harbors, or navigation in the United States, shall, on conviction thereof, be pun- ished by a fine not exceeding one thousand dollars. iJwfe'"^ ^^^' ^^ shall not be lawful for any person or persons to take ji/or.s,«99 (SO possession of or make use of for any purpose, or build stat.,ii52),sec.n. ^p^jj^ alter, deface, destroy, move, injure, obstruct by fastening vessels thereto or otherwise, or in any manner whatever impair the usefulness of any sea wall, bulkhead, jetty, dike, levee, wharf, pier, or other work built by the United States, or any piece of plant, floating or otherwise, used in the construction of such work under the control of the United States, in whole or in part, for the preservation and improvement of any of its navigable waters or to pre- vent floods, or as boundary marks, tide gauges, surveying stations, buoys, or other established marks, nor remove for ballast or other purposes any stone or other material com- posing such works: Provided, That the Secretary of War may, on the recommendation of the Chief of Engineers, grant permission for the temporary occupation or use of any of the aforementioned public works when in his judg- ment such occupation or use will not be injurious to the pubhc interest. ^mffm.'ie. Every person and every corporation that shall violate, or that shall knowingly aid, abet, authorize, or instigate a violationof the provisions of sections * * * fourteen and fifteen of this Act shall be guilty of a misdemeanor, and on coS/ei^<eftJSBkditot^ftfl'^be punished by a fine not BUEEAU OF LIGHTHOUSES. 141 exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) for not less than thirty days nor more than one year, or by both such fine and imprisonment, in the discretion of the court, one-half of said fine to be paid to the person or persons giving information which shall lead to conviction. Masters of light-house tenders shall have police powers Masters of ■_ J.J. J. • ' ±_ , ^ ,^ 1 tenders have po- rn matters pertammg to government propertv and iice powers. snxuggling. "^ "^ sti^leV'" [The Secretary of the Treasury, in a letter to the Com- count*""''' *"' missioner of Customs, dated April 17, 1863, authorized*'"™^' the rendition quarterly of accounts for disbursements of the Lighthouse Service. ] Hereafter there shall be submitted in the annual Book j^^^f^,^^ of Estimates, under each item, of appropriation under the stat., 4ssi head of "Light-House Estabhshment," notes showing the number of persons employed and the rate of compensation paid to each from each of said appropriations during the fiscal year next preceding the fiscal year for which esti- mates are submitted. Hereafter there shall be submitted, following each ^t^- sm^mi^^^"''^^ mate for support of the Mght-House Estabhshment, state- ments showing the amoimt required for each object of ex- penditure mentioned in each of said estimates, together with a statement of the expenditures under each of such objects for the fiscal year terminated next preceding the period of submitting said estimates. From and after the first day of July, eighteen hundred ^p^J^^j^H^^ "' and seventy-four, and of each year thereafter, the Sec- Jtmew.miiis retary of the Treasury shall cause all unexpended bal- ^""■' ^'"^^ ances of appropriations which shall have remained upon the books of the Treasury for two fiscal years to be car- ried to the surplus fimd and covered into the Treasury: Provided, That this provision shall not apply to * * * appropriations for * * * fight-houses; * * * but the appropriations named in this proviso shall contiaue available until otherwise ordered by Congress.^ No specific or indefinite appropriation made hereafter in smf'w^ 's'J. rf any regular annual appropriation Act shall be construed to be permanent or available continuously without ref- erence to a fiscal year unless it belongs to one of the fol- lowing five classes: "Rivers and harbors," "hghthouses," "fortifications," "pubHc buildings," and "pay of the Navy and Marine Corps," last specifically named in and excepted from the operation of the provisions of the so- called "covering-in Act" approved June twentieth, 1 Extract from decision of the First Comptroller of the Treasury, dated July 17, 1874: "By the proviso to section 5 of the appropriation act of June 20, 1874, appropriations for priations for the Board, but only to those for construction and repairs. 142 DEPARTMENT OF COMMEECE. eighteen hundred and seventy-four, or unless it is made in terms expressly providing that it shall continue avail- able beyond the fiscal year for which the appropriation Act in which it is contained makes provision. Jn7ie23, 1S7H18 All moucys heretofore appropriated for the construction Stat., m). ^£ public buildings and now remaining to the credit of the sameon the books of the Treasury Department, or which may hereafter be appropriated for such buildings, shall remain available until the completion of the work for which they are, or may be, appropriated; and upon the final completion of each or any of said buUdings, and the payment of aU outstanding liabilities therefor, the bal- ance or balances remaining shall be immediately covered into the Treasury.' jln}iifi89i(i8 "^^^ Secretary of Commerce may authorize the printing Stat., e«3J, sec. 89. of the * * * special publications of the * * * Bureau of Lighthouses * * * jjj g^^jj editions as the interests of the Government and of thepubhc may require. 1 The Secretary of the Treasury stated, in a letter to the Lighthouse Board, dated July 16, 1874, that this act "is held by the Department to apply to public buildings under the supervision of the Lighthouse Establishment." Digitized by Microsoft® BUREAU OF NAVIGATION. The recognized need of nniform regulation of navigation and shipping was one of the reasons for the formation of a more perfect tmion of the States, and the third act of the First Congress, passed July 20, 1789, provided for imposing duties on the tonnage of vessels. This was followed on September 1, 1789, by the act for the registering and clearing of vessels and regulating the coasting trade, which is stiU the foundation of the navigation laws and policy of the United States. Succeeding Congresses have built on this foundation a sys- tem of laws designed to meet the growth and variety of conditions of our water-borne commerce, with increasing regard in the course of years to the safety of life. The field force for the administration of these laws from the beginning of our Government has consisted of collectors and sur- veyors of customs, with their deputies and inspectors, under the direction of the Secretary of the Treasury, acting at Washington originally through the Register of the Treasury in the matter of documents of vessels and through the Navigation Division of the Customs Service in the administration of other features of the navi- gation laws. By the act of July 5, 1884, the Bureau of Navigation, with a Commissioner and Deputy Commissioner, was established. This Bureau was transferred to the Department of Commerce July 1, 1903, by the act of February 14, 1903, and to the Secretary of Com- merce were transferred all the duties, power, authority, and juris- diction previously conferred upon the Secretary of the Treasury by acts of Congress relating to merchant vessels or yachts, their meas- urement, numbers, names, registers, enrollments, licenses, commis- sions, records, mortgages, bills of sale, transfers, entry, clearance, movements and transportation of their cargoes and passengers, owners, officers, seamen, passengers, fees, inspection, equipment for the better security of life, and by acts of Congress relating to tonnage tax, boilers on steam vessels, the carrying of inflammable, explosive, or dangerous cargo on vessels, the use of petroleum or other similar substances to produce motive power, and relating to the remission or refund of fines, penalties, forfeitures, exactions, or charges in- curred for violating any provision of law relating to vessels or seamen. The Bureau of Navigation by law has general supervision of the merchant marine and of merchant seamen except in so far as special lines of work are assi^gidv2tec/tf!5e/filftBajarii)*®t-Inspection Service and the Public Health Service. 143 144 DEPARTMENT OF COMMEBCB. The Comipissioner is specially charged with the decision of all questions relating to the issue of registers, enrollments, and licenses of approximately 26,000 vessels of the United States, ranging from trans-Atlantic liners to motor boats. The Bureau prepares and pubUshes annually a list of these vessels, showing some details of construction and the home port, and a separate list of seagoing ves- sels showing signal letters, names of owners, signal code, etc. The changes in the names of these vessels are governed by statute and are made through the Bureau. Entries of vessels at ports of the United States in foreign trade number annually about 30,000, with a corresponding number of clearances, and disputed questions relating to these movements are decided by the Secretary of Commerce through the Commissioner of Navigation. Measurement of vessels to ascertain the basis upon which Federal tonnage taxes and various other charges^-State, municipal, and pri- vate — are assessed is also conducted by customs authorities under the direction of the Bureau. Tonnage' taxes collected annually on entries amount in round numbers to about $1,000,000, and the decisions of the Commissioner of Navigatiori on this subject by statute are made final. Among the special laws enforced through this Bureau are: (1) Those governing radio communication enacted June 24, 1910, Jxily 23, 1912, and August 13, 1912, which cover wireless telegraph stations both on shipboard and in the United States so far as they aflFect interstate and foreign commerce. For administrative purposes, the country has been divided into nine districts and inspectors ^ap- pointed for each district. These laws as well as those covering other items of equipment and the navigation of vessels are intended to safeguard life and property. (2) The passenger act of 1882, designed to promote the safety and comfort of steerage passengers arriving in and departing from the United States, numbering over a. million a year. (3) The motor-boat act of June 9, 1910, which aims to secure obedience to the principles of navigation involved in the "rules of the road" and to prevent risk of life through fire or water on small motor craft, already numbering approximately 200,000. (4) Regulations governing the anchorage of vessels in the harbor of New York and other ports; the transit of vessels through the improved waters of St. Marys River, where the navigation movement is greater than that through the Suez Canal; and for the patrol of crowded waters during regattas and marine parades. Regulations are formulated by the Bureau, imder the direction of the Secretary of Commerce, and tiJ^/^rfqi^^/cfejsoftSienue cutters and other patrol boats. BUREAU OF NAVIGATION. 145 (5) Laws concerning neutrality, so far as they rekte to offenses which are involved in the clearance of any vessel fitted out or built for warlike purposes or the transportation of recruits, arms, or munitions of war by water. (6) The coastwise laws, designed to reserve to American vessels the transportation of cargo and passengers in the domestic commerce of the United States. Appeals from the rulings of collectors of customs imposing fines, penalties, and forfeitures on vessels and their owners or masters are decided by the Secretary of Commerce after preliminary investigation and preparation of the evidence and facts by the Commissioner of Navigation, involving a knowledge of precedents, construction of statutes, decisions of the courts, and the practical necessities of the shipping interests as they relate to safety to life and property and the promotion of commerce. The remuneration of collectors, and in many instances surveyors, is based partly on services rendered to vessels, for which specific fees were formerly provided and are still the basis on which such remuner- ation is paid. The accounts for these services, in so far as they involve navigation matters, have administrative audit by the Bureau, after which they are transmitted to the Auditor for the State and other Departments for settlement. The Government of the United States, in accord with ancient mari- time custom, exercises supervision over the contracts between the owners and masters of vessels and the seamen, in order, so far as pos- sible, to secure substantial justice in case of dispute, without recourse to the courts. For this purpose shipping commissioners are appointed at the principal seaports and at other seaports collectors of customs act as shipping commissioners under the general supervision of the Commissioner of Navigation. The laws thus enforced also cover the shipment and discharge of seamen, all papers relating to the crew, their wages, scale of provisions, etc. At 17 principal seaports upward of 350,000 seamen in round numbers (counting repeated voyages) are thus shipped and discharged under Government super- vision. The laws administered through and by the Bureau of Navigation, which are compiled every four years by the Commissioner of Navi- gation, whose duty it is to investigate the operation of these laws and to recommend to the Secretary of Commerce particulars in which they should be amended or improved, are published quadrennially in a separate volume entitled "Navigation Laws of the United States," to which a supplement is issued annually upon the adjourn- ment of Congress. The volume includes the laws relating to the reg- istry, enrollment, and license^ jofiicial numbers, and names of merchant vessels and vessels engageu m ihe fisheries, undocumented vessels, 76224°— 13 10 146 DEPAKTMENT OF COMMEKUiS. and yachts ; admeasurement laws for ascertaining gross and net ton- nage, crew accommodations, and propelling power; detailed statutory requirements concerning the issue of marine documents, bills of sale mortgages, and records; laws relating to the officers and crews of merchant vessels, including those which govern agreements, shipment and discharge, offenses and punishments, legal scale of provisions, and return and relief of distressed seamen; the laws to determine seaworthiaess and inspection, provisions, medicines, and log boob, and statutes fixing the liability of owners, masters, and shippers; the passenger act of 1882 with amendments, prescribing measures in detail for the comfort of steerage passengers ; the general pilot laws, laws governing motor boats, and provisions concerning tonnage duties, discrimination, and retaliation; statutes governing entry and clearance, manifests, boarding and search of vessels; the laws con- cerning the coasting trade, and particular statutes affecting trade with Hawaii, Porto Rico, Alaska, the Philippines, and the Canal Zone; the power of the Secretary of Commerce to mitigate and remit penalties incurred by the owners and masters of vessels ; the statutory rules to prevent collisions of vessels on the ocean, on inland waters, the Great Lakes, and the Mississippi and tributaries, and those defining the powers of the Secretary of Commerce over the anchorage and move- ments of vessels ; the regulation of radio communication; the appoint- ment of shipping commissioners and radio inspectors, and various other statutes. The volume comprises about 600 pages and is com- piled for the use of collectors and inspectors of customs, shipping commissioners, the owners, masters, and agents of vessels, seamen, and others directly interested in vessels, their officers, crews, passen- gers, cargo, and navigation. Commissioners of Navigation, with dates of service. Name. From— To- July 28,1884 Dec. 3,1886 Nov. 14,1889 Mar. 8,1892 Dec. 1,1893 Deo. 2,1886 Nov. 13,1889 William W. Bates Mar. 7,1892 Edward 0. O'Brien Nov. 30,1893 Eugene Tyler Chamberlain. , LAW PERTAINING TO THE BUREAU OF NAVIGATION.' [As modified by acts of February 14, 1903, and March 4, 1913.] reauf "°° °' ^"' There shall be in the Department of Commerce of the SM'^uh^^amT'^^^^^^ States a Bureau of Navigation, under the imme- tat., ), sec. . jjj^^g charge of a Commissioner oi Navigation. ' Only so much of the law pertainine to the Bureau of Navigation as refers to the creation of the Bureau and the general duties of its officers are Included in this chapter. The laws administered through and by the Bureau relating to the registry, enrollment, and supervision ?i -jc-nhsn"; vos^p/^n, ?.rA vof^^'iVa engaged in the fisheries; to the issuance of marine documents; to tne sapervision oi the coasting trade; to the regulation of radio communication, etc., are too voluminous to be included hero, and are published in a separate volume entitled " Navigation Laws of the United States." BTJEEATJ OP NAVIGATION, 147 The Commissioner of Navigation, under the direction of commissioner, the Secretary of Commerce, shall havegeneral superintend- lion. ' ence of the commercial marine and merchant seamen ">^■•^^''■'■ of the United States, so far as vessels and seamen are not, under existing laws, subject to the supervision of any- other officer of the Government. He shall be speciaUy charged with the decision of all mi^toeV' ?e^' questions relating to the issue of registers, enrollments, *^"' «»' their appurtenances in all steam vessels before the same R- s'., uis. shall be used, and once at least in every year thereafter, sti^J'lif'sec^if'^ and shall subject all boilers to the hydrostatic pressure, gj^^'/gl^j'*"*'** All such vessels shall comply with the following require- ments, namely : That the boilers are well made, of good and suitable material; that the openings for the passage of water and steam, respectively, and all pipes and tubes exposed to heat, are of proper dimensions and free from obstructions; that the spaces between and around the flues are sufficient; that flues, boilers, furnaces, safety valves, fusible plugs, low-water indicators, feed-water apparatus, gauge cocks, steam gauges, water and steam pipes connecting boilers, means of prevention of sparks and flames from fire doors, low-water gauges, means of re- moving mud and sediment from boilers, and aU other such machinery and appurtenances thereof, are of such construction, shgpg^f^j^j^i/jjaQjij^gement, and matenal that the sameTnay be safely employed m the 176 DEPAETMEN'T 0^' UUMMEKLIB: "" ^^^ — ■ service proposed without peril to life; and the local in- spectors shall satisfy themselves by thorough examina- tion that said requirements of law and regulations ia re- gard thereto have been fuUy complied with. All boilers used on steam vessels and constructed of iron or steel f)lates, inspected under the provisions of section forty- our hundred and thirty, shall be subjected to a hydro- static test, in the ratio of one hundred and fifty pounds to the square inch to one hundred pounds to the square inch of the working steam power allowed. No boiler or flue pipe, nor any of the connections therewith, shall be approved, which is made, in whole or in part, of bad material, or is unsafe in its form, or dangerous from de- fective workmanship, age, use, or other cause. Control of safety Qj^q of the safcty-valves may, if in the opinion of the ™je!s'.,«i9- local inspectors it is necessary to do so, * * * be sto^rsi)^'^***^*'* taken wholly from the control of all persons engaged in navigating such vessel and secured by the inspectors. Inspection^ ^f That on and after January first, nineteen hundred and certmcates of in- nine, the local inspectors of steamboats shall at least once ^^jSbiy°s,J9os(ssin every year inspect the hull and equipment of every Stat., ^8)', sec. 10. seagoing barge of one hundred gross tons or over, and shafl satisfy themselves that such barge is of a structure suitable for the service in which she is to be employed, has suitable accommodations for the crew, and is in a condi- tion to warrant the belief that she may be used in nai^iga- tion with safety to life. They shall then issue a certificate of inspection in the manner and for the purposes pre- scribed in sections forty-four hundred and twenty-one and forty-four hundred and twenty- three of the Kevised Statutes, fenm^™"^ ^^' That every such barge shall be equipped with the fol- iM.,sec.ii. lowing appliances of finds approved by the Board of Supervising Inspectors: At least one lifeboat, at least one anchor with suitable chain or cable, and at least one life- preserver for each person on board. spStto^JequkS That a register, enrollment, or license shall not be for registry. issued Or renewed by any collector or other officer of cus- lu ., sec. n. ^Qjjjg ^Q g^jjy sucii barge unless at the time of issue or re- newal such barge has in force the certificates of inspection prescribed by section ten and on board the equipment pre- scribed by section eleven. Im^^Iei: IS. That if any such barge shall be navigated without such certificate of inspection, or without any part of the equip- ment prescribed by section eleven, the owner shall be liable to a penalty of five hundred dollars for each offense. towS."'*'''"' °' "That the chairman of the Light-House Board [Commis- im.',sec. u. sioner of Lighthouses], the Supervising Inspector-General of the Steamboat-Inspection Service, and the Commis- sioner of Navigation shall convene as a board at such times as the Secretary of Commerce shall prescribe to prepare regulations mniting the length of hawsers be- tween toT^jjMf^^-gg^^a /M^^gg^^g barges in tow and the length of su^ tows within any of the imand waters of the STEAMBOAT-INSPECTION SERVICE. 177 United States designated and defined from time to time pursuant to section two of the Act approved February nineteenth, eighteen hundred and ninety-five, and such regulations when approved by the Secretary of Comnaerce shall have the force of law. That the master of the towing vessel shall be Uable to^,^^^^'™"'''^^- the suspension or revocation of his license for any willful "/wS^Tmc- ib- violation of regulations issued pursuant to section fourteen in the manner now prescribed for incompetency, miscon- duct, or unskiUfulness. When_ the inspection of a steam vessel is completed^ ^^"^'^"f^"- and the inspectors approve the vessel and her equipment s- s^wt. throughout, they shall make and subscribe a certificate to the collector or other chief oflicer of the customs of the district in which such inspection has been made, in accordance with the form and regulations prescribed by the board of supervising inspectors. Such certificate shall be verified by the oaths of inspectors signing it, before the chief officer of the customs of the district, or any other person competent by law to administer oaths. If the inspectors refuse to grant a certificate of approval, they shall make a statement in writing, and sign the same, giving the reasons for their disapproval. Upon such inspection and approval the inspectors shall also ^.^°^p<"^*^ <^"- make and subscribe a temporary certificate, which shall Junen,i906(,si set forth substantially the fact of such inspection and ^""■' *^''^" approval, and shall deliver the same to the master or owner of the vessel, and shall keep a copy thereof on file in their office. The said temporary certificate shall be carried and exposed by vessels in the same manner as is provided in section forty-four hundred and twenty- three for copies of the regular certificate, and the form thereof and the period during which it is to be in force shall be as prescribed by the board of supervising inspec- tors, or the executive committee thereof, as provided in section forty-four hundred and five. And such tempo- rary certificate, during such period and prior to the de- livery to the master or owner of the copies of the regular certificate, shall take the place of, and be a substitute for, such copies of the regular certificate of inspection, as required by sections forty-four hundred and twenty- three, forty-four hundred and twenty-four, and forty- four hundred and twenty-six, and for the purposes of said sections, and shall also, during such period, be a substitute for the regular certificate of inspection, as required by section forty-four hundred and ninety-eight, and for the purposes of said section until such regular certificate of inspection has been filed with the collector or other chief ofScer of customs. Such temporary certifi- cate shall also be subject to revocation in the manner and under the conditions provided in section forty-four hundred and fifty-three. No vessel required to be in- spected under the provisions of this title shall be navigated without having on board an unexphed legular certificate 76224°— 13 12 178 DEPAETMEXT 02 vo^a?i''aft6r ex- °^ inspection or such temporary certificate: Provided, piration of certifl- howevcr, That any such vessel, operated upon a regularly "'^funeBs.woise established line from a port of the United States to a port Stat., 8S1). of a foreign country not contiguous to the United States, whose certificate of inspection expires at sea, or while said vessel is in a foreign port or a port of the Philippine Islands or Hawaii, may lawfully complete her voyage without the regular certificate oi inspection or the tern- Eorary certificate required by this, section, and, no Ua^ ility for penalties imposed by this title for want of such certmcate shall be incurred until her voyage shall have been completed : Provided, That said voyage shall be so completed within thirty days after the expiration of said certificate or temporary certificate: Provided further. That no such vessel whose certificate of inspection shall expire within fifteen days of the date of her sailing shall proceed .upon her voyage to such port of a foreign country not contiguous to the United States without first having procured a new certificate of inspection or the temporary certificate required by this section, gunpowdi*"'^^^ Upon the application of any master or owner of any R.s.,mii- steam-vessel employed in the carriage of passengers, for a license to carry gunpowder, the local inspectors shall examine such vessel, and if they find that she is provided with a chest or safe composed of metal, or entirely lined and sheathed therewith, or if the vessel has one or more compartments thoroughly lined and sheathed with metal, at a secure distance from any fire, they may grant a certificate to that effect, authorizing such vessel to carry as freight within such chest, safes, or compartments, the article of gunpowder. tiflcate°of i^pl^ Every collector or other chief officer of the customs tim- shall retain on file all original certificates of the inspectors ' required to be delivered to him, and shall give to the master or owner of the vessel therein named three certi- fied copies thereof, two of which shall be placed by such master or owner in conspicuous places in the vessel where they will be most likely to be observed by pas- sengers and others, and there kept at all times, framed under glass, and the other shall be retained by such master or owner as evidence of the authority thereby s(a(!! iofs/.*"* ^** conferred : Provided, however. That where it is not prac- ticable to so expose said copies they shall be carried in the vessel in such manner as shall be prescribed by the regulations established by the board of supervising in- spectors with the approval of the Secretary of Commerce. sengOTs'°o^ fm- Whenever any passenger is received on board any poj^der contrary steam-vessel not having the certified copies of the certifi- E. 8., 4m. cate of approval placed and kept as required by this Title, or whenever any passenger steam-vessel receives or car- ries any gunpowder on board, not having a certificate authorizing the same, and a certified copy thereof placed and kept g^c^^3^gd,/{j;j;^i^^rry any gunpowder at a place or m a manner not authorized by such certmcate, STEAMBOAT-INSPECTION SEEVICE. 179 such steam-vessel shall be liable to a penalty of one hundred dollars for each offense.' Every inspector who wiUfuUy certifies falsely touchingj,j^'?^p««^»^, "«■■- any steam- vessel, as to her huU, accommodations, boilers, I'."!.,*!!/" engines, machinery, or their appurtenances, or any of her equipments, or any matter or thing contained in any certificate signed and sworn to by him, shall be punished by fine of not more than five hundred dollars, or imprison- ment for not more than six months, or both.^ ^The hull and boilers of every ferryboat, canal boat, ^J"^"^^"^^^^- yacht, or other small craft of like character propelled by etc. steam, shall be inspected under the provisions of this Sef i/^sso («« title. Such other provisions of law for the better security ^faiffg'isgr tsg of life as may be applicable to such vessels shall, by the staL,'4a9i regulations of the board of supervising inspectors, also be sttu"'^imy°^ '*" required to be complied with before a certificate of inspec- smils] '^ ^*^ tion shall be granted, and no such vessel shall be navi- fated without a licensed engineer and a licensed pilot: 'rovided, however, That in open steam launches of ten gross tons and under, one person, if duly qualified, may serve in the double capacity of pilot and engineer. All vessels of above fifteen gross tons carrying freight or pas- sengers for hire, but not engaged in fishing as a regular business, propelled by gas, fluid, naphtha, or electric mo- tors, shall be, and are hereby, made subject to all the provisions of section forty-four hundred and twenty-six of the Revised Statutes of the United States relating to the inspection of hulls and boilers and requiring engineers and pifots, and for any violation of the provisions of this title applicable to such vessels, or of rules or regulations lawfully established thereunder, and to the extent to which such provisions of law and regulations are so applicable, the said vessels, their masters, officers, and owners shall be subject to the provisions of sections forty-four hundred and ninety-six, forty-four hundred and ninety-seven, forty-four hundred and ninety-eight, forty-four hundred and ninety-nine, and forty-five hundred, relating to the imposition and enforcement of penalties and the enforce- ment of law. All vessels of fifteen gross tons or less propelled in whole or in part by gas, gasoline, petroleum, naphtha, fluid, or electncity, and carrying passengers for hire, shall carry- one life-preserver, of the sort prescribed by the regula- tions of the board of supervising inspectors, for every pas- senger carried, and no such boat while so carrying^ pas- sengers shall be operated or navigated except in charge 1 See sections 4472, 4474-4476, pages 196-197. • Amended by section 5 of the act of Congress approred June 9, 1910, which provides that every vessel propelled by machinery and not more than 65 feet in length, except tugboats and towboats propelled by steam, shaU not be required to carry bcensed officers except a licensed operator on such vessels carrying passengers lor hire. Section S also provides for the Mnds of life-preservers or other hfe-savmgequipment that shall be earned by such vessels and by all vessels propelled by machinery other than by steam more than 65 feet in length. (See p. 210.) Digitized by Microsoft® 180 DEPABTMENT OF (Jummjiiiuii. of a person duly licensed for such service by the local board of inspectors. No examination shall be required as a condition of the obtaining of such a license, and any such license shall be revoked or suspended by the local board of inspectors for misconduct, gross negligence, reckless- ness in navigation, intemperance, or violation of law on the part of the holder, and if revoked, the person holding such license shall be incapable of obtaining another such license for one year from the date of revocation. of'Afasto mtttred That all Indians of the Tsimpsean or Haida tribe of the to ucenses as op- full or mixed blo6d who emigrated from British Columbia «rators of motor ^^^ settled at Metlakahtla on Annette Island, in south- 8m°'^ui'rf7ec^i eastern Alaska, in the year eighteen hundred and eighty- ' ' ' seven and subsequent years, as well as all descendants of such Indians, and all other Indians who have since be- come and remained bona fide residents of said Metla- kahtla, Alaska, shall, if otherwise qualified, be entitled to receive and obtain licenses as masters, pilots, and en- gineers, as the case may be, of any and all steamboats and other craft, and also licenses as operators of Rioter boats and other craft, subject to the provisions of the Act of Congress approved May sixteenth, nineteen hun- dred and six, entitled "An Act to amend section forty- four hundred and twenty-six of the Revised Statutes of the United States, regulation of motor boats," with the same force and effect as if they had been citizens of the United States ; any such Indian may be the owner of any such motor boat or other craft, subject to the provisions of the said Act of May sixteenth, nineteen hundred and six, although such Indian be not a citizen of the United States, without depriving said motor boat or other craft of the benefits and privileges of a vessel of the United States. mi., sec. i. That a certificate under the hand of any officer of the customs in Alaska, to the effect that the applicant for one of the different licenses mentioned in the foregoing sec- tion comes within one of the provisions of said first sec- tion of this Act, shall, together with the affidavit of the applicant to that effect, be sufficient evidence of the fact that said applicant is entitled to the privileges conferred upon said Indians by the first section of this Act. freTgh/boate^ Itc! The hull and boiler of every tug-boat, towing-boat, and R.a.,j^'. 'freight-boat shall be inspected, under the provisions of this Title; and the inspectors shall see that the boilers, machinery, and' appurtenances of such vessel are not dan- gerous in form or workmanship, and that the safety- valves, gauge-cocks, low-water alarm-indicators, steam- gauges, and fusible plugs are all attached in conformity to law; and the officers navigating such vessels shall be licensed in conformity with the provisions of this Title, and shall be subject to the same provisions of law as officers navigating passenger-steamers. Digitized By Wficmson® STEAMBOAT-INSPECTION SEEVICE. 181 That any steam vessel engaged in the business of towing Persons aiowed vessels, rafts, or water craft of any kind, also steam ves-™sefs ""^ sels engaged in ovster dredging and planting, and ^hing sm\%'Z f^ steamers engaged in food fishing on the Great Lakes and „ Pek^Osoiisi all other inland waters of the United States, and not car- ^'^■•^''■ rying passengers, may be authorized and licensed by the supervising inspector of the district in which said steamer shall be employed to carry on board such number of per- sons, in addition to its crew, as the supervising inspector, in his judgment, shall deem necessary to carry on the legitimate business of such towing, oyster and fishing steamers, not exceeding, however, one person to every net ton of measurement of said steamer : Provided, how- ever, That the person so allowed to be carried shall not be carried for hire. Every steam vessel licensed under the foregoing section j!^f ^g^sseVl shall carry and have on board, in accessible places, one statjiso), see. I life-preserver for every person allowed to be carried, in addition to those provided for the crew of such vessel. Every boiler manufactured to be used on steam-vessels, ^construction of and made of iron or steel plates, shall be constructed of b. s'., ma. plates that have been stamped in accordance with the provisions of this Title. Every person who constructs a boiler, or steam-pipe „J™E™per don- Z- '^ ,T T •^ .1 1 ,' 1 ^ ^ » straction of boU- connectmg the boilers, to be used on steam- vessels, ofecs. iron or steel plates which have not been duly stamped ^■^■'^^• and inspected according to the provisions of this Title, or who knowingly uses any defective, bad, or faulty iron or steel in the construction of such boilers ; or who drifts any rivet-hole to make it come fair; or who delivers any such boiler for use, knowing it to be imperfect in its flues, flanging, riveting, bracing, or in any other of its parts, shall be fined one thousand doUars, one-half for the use of the informer. Nothing in this Title shall be so construed as to prevent from being used, on any steamer, any boiler or steam-generator which may not be con- structed of riveted iron or steel plates, when the board of supervising inspectors have satisfactory evidence that such boiler or steam-generator is equal in strength, and as safe from explosion, as a boiler of the best quality con- structed of riveted iron or steel plates. Provided, Jiow- gtoe"'s/o).^*** ^** ever. That the Secretary of Commerce may grant permis- sion to use any boiler or steam generator not constructed of riveted iron or steel plates upon the certificate of the supervising inspector of steamboats for the district wherein such boiler or generator is to be used, and other satisfac- tory proof that the use of the same is safe and efl[icient; said permit to be valid until the next regular meeting of the supervising inspectors who shall act thereon. Every iron or steel plate used m the construction ptyj^^°l "• steamboat-boilers, and which shall be subject to a tensile r.s.,us6. strain, shall be inspected in such manner as shall be pre- scribed by the board Q/fi"Wafi«frf«feMfg/'to«^^ors and ap- 182 DEPAKTMBN'T OF COMMBECE. proved by the Secretary of Comnierce, so as to enable the inspectors to ascertain its tensile strength, homo- geneousness, toughness, and ability to withstand the effect of repeated heating and cooling ; and no iron or steel plate shall be used in the construction of such boilers which has not been inspected and approved under those rules. sm^'d)''^^^^^ -^^ *^® Supervising Inspector-General may, under ' ' the direction of the Secretary of Commerce, detail assist- ant inspectors from any local inspection district where assistant inspectors are employed, to inspect iron or steel boiler plates at the mills where the same are man- ufactured; and if the plates are found in accordance with the rules of the supervising inspectors, the assistant inspector shall stamp the same with the initials of his name, followed by the letters and words, "U. S. assistant Inspector;" and material so stamped shaU be accepted by the local inspectors in the districts where such material is to be manufactured into marine boilers as being in full compliance with the requirements of this section regard- ing the inspection of boiler plates ; it being further pro^ vided that any person who affixes any false, forged, fraud- ulent, spurious, or counterfeit of the stamp herein author- ized to be put on by an assistant inspector, shall be deemed guilty of a felony, and shall be fined not less than one thousand dollars, nor more than five thousand dollars, and imprisoned not less than two years nor more than five years. u*r™'tes'^ "' Every plate of boHer-iron or steel, made for use in the "ii^^.Msi. construction of steamboat-boUers, shall be distinctly and permanently stamped by the manufacturer thereof, and, if practicable, in such places that the marks shall be left visible when such plates are worked into boilers, with the name of the manufacturer, the place where manufactured, and the number of pounds tensUe strain it will bear to the sectional square inch; and the inspectors shall keep a record in their office of the stamps upon all boiler-plates and boilers which they inspect. stamp"*"'^'*"'"^ Every person who counterfeits, or causes to be counter- is. s.', ws. f eited, any of the marks or stamps prescribed for boiler- iron or steel plates, or who designedly stamps, or causes to be stamped falsely, any such plates; and every person who stamps or marks, or causes to be stamped or marked, any such iron or steel plates with the name or trade-mark of another, with the intent to mislead or deceive, shall be fined two thousand dollars, one-half to the use of the informer, and may, in addition thereto, at the discretion of the court, be imprisoned not exceeding two years. stram^auowabie.' '^^® worldng steam-prcssure allowable on boilers con- B. s., uss. structed of plates inspected as required by this Title, when single-riveted, shall not produce a strain to exceed one- sixth of the tensile strength of the iron or steel plates of which such boilers are constructed; but where the longi- tudinal la9ie'^^^*J6Mfiai5ei®barts of such boilers are STEAMBOAT-INSPECTION SERVICE. 183 double-riveted, and the rivet-holes for such boilers have been fairly drilled instead of punched, an addition of twenty per centum to the workmg-pressure provided for single-riveting may be allowed: Provided, That all other parts of such boilers shall correspond in strength to the additional allowances so made; and no split-calking shall in any case be permitted. No externally fired boiler having its shell constructed of ^ ^^^'^A^ *°^ iron or steel plates, exceeding an average thickness of£&^^! " ^"^^ thirty-eight one-hundredths of an inch, shall be em- Feh'n'Ukim ployed on any steam vessel navigating the Red River oi^f^^^f^-^g^^ the North or rivers flowing into the Gulf of Mexico or staLm]. their tributaries; and no externally fired boiler employed sf^^eij/** ^'* on any such steam vessel shall have less than three inches space between its shell and any of its internal flues, and not less than three inches space between such flues when any such flues are more than five inches in diameter, the measm-ements to be taken from the center of the length of the tapered section of said flues ; and every such externally fired boiler employed on any such steam vessel shall be provided with a manhole in the lower part of the front head thereof, of such dimensions as may be pre- scribed by the Board of Supervising Inspectors, in all cases where the distance between its internal fiues is less than three inches. Externally fired boilers having shells constructed of iron or steel plates not exceeding an aver- age thickness of fifty one-hundredths of an inch may, in the discretion of the Supervising Inspector-General, be authorized and employed on steam vessels navigating the Atlantic and Pacific oceans, or salt-water bays, or sounds, or the Great Lakes, or any of them, and waters flowing to and from the same, or any of them: Provided, That on in- spection, no plate that is by this Act limited to a thickness of thirty-eight one-himdredths of an inch and no plate that is "by this Act limited to a thickness of fifty one- hundredths of an inch shall be rejected for use if found to exceed those dimensions, respectively, if the approved average thickness thereof does not exceed the limits therein specified, and the amount of steam pressure that will be permitted to be carried in boilers constructed in accordance with the requirements of this Act shall be de- termined from measurements showing the least thickness of the plates. All externally fired boilers, constructed of iron or steel, sM"'^m')^^}i^ prior to the passage of this Act, and now in use on any such vessels, wherein the space between the shell and any of its internal flues or between such flues is less than three , inches, they shall be deemed lawfully constructed. Every person who intentionally loads or obstructs, or j^°^=^^,'J^''^^s causes to be loaded or obstructed, in any way or mannjgr, e. s., usy'. the safety-valve of a boiler, or who employs any other means or device whereby the boiler may be subjected to a greater pressure ihiBi0iBesbi)i^nMk;isS&gft^ by the cer- 184 DEPAETMENT OF COMMEECE. tificate of the inspectors, or who intentionally deranges or hinders the operation of any machinery or device em- Eloyed to denote the state of the water or steam in any oiler, or to give warning of approaching danger, or who intentionally permits the water to fall below the pre- scribed low-water line of the boiler, and every person con- cerned therein, directly or indirectly, shall be guilty of a misdemeanor, and shall be fined two hundred dollars, and may also be imprisoned not exceeding five years. Lioansesof offl- Tj^e boards of local inspectors shall license and classify cers y mspeo-^j^^ masters, chief mates, and second and third mates, if Scfiifflss (SO in charge of a watch, engineers, and pilots of all steam sto<.,>s/), «c ^ygggg]g^ and the masters of sail vessels of over seven hun- sta^'mj. dred gross tons, and all other vessels of over one hundred s«B^?!w'/**^** gross tons carrying passengers for hire.* It shall be un- lawful to employ any person or for any person to serve as a master, chief mate, engineer, or pilot of any steamer or as master of any sail vessel of over seven hundred gross tons or of any other vessel of over one hundred gross tons carrying passengers for hire who is not licensed by the inspectors; and anyone violating this section shall be liable to a penalty of one hundred dollars for each offense. License of cap- Whenever any person applies to be licensed as master b'.s. US9. of any steam vessel, or of a sail vessel of over seven hun- Sfa«f!'7fii5/«S«"'dred tons, the inspectors shall make diligent inquiry as to his character, and shall carefully examine the applicant as well as the proofs which he presents in support of his claim, and if they are satisfied that his capacity, experi- ence, habits of life, and character are such as warrant the belief that he can safely be entrusted with the duties and responsibilities of the station for which he makes application, they shall grant him a license authorizing him to discharge such duties on any such vessel for the term of five years ; but such license shall be suspended or revoked upon satisfactory proof of bad conduct, intem- perate habits, incapacity, inattention to his duties, or the willful violation of any provision of this title applicable to him. ^Lteense of chief Whenever any person applies for authority to be em- B. s. mo. ployed as chief mate of ocean or coastwise steam vessels s«^?s40)'.^***'^''or of sail vessels of over seven hundred tons, or as second or o,?/%fK'ff!?^l'' third mate of ocean or coastwise steam vessels, who shall have charge oi a watch, or whenever any person appues lor authority to be employed as mate of river steamers, the inspectors shall require satisfactory evidence of the knowledge, experience, and skill of the applicant in lading cargo and in handling and stowage of freight, and if for license as chief mate on ocaan or coastwise steamers, or of sail vessels of over seven hundred tons, or as second or tliird mate of ocean or coastwise steamers, who shall have J Amended by section 5 of the act of Congress approved June 9, 1910, making this pro- vision inapplicabialio^yjvfifBpLjTope'.le'i t " machinery and not more than 65 Jeetin length except ta^yHmtSti iix\kh,is pkopeUed liy steam. (See p. 210.) STEAMBOAT-INSPECTION SERVICE. 185 charge of a watch, shall also examine him as to his knowl- edge and ability in navigation and managing such vessels and all other duties pertaining to his station, and if satis- fied of his qualifications and good character they shall grant him a license authorizing hun to perform such duties for the term of five years upon the waters upon which he is found qualified to act; but such license shall be sus- pended or revoked upon satisfactory proof of bad conduct, mtemperate habits, unskjUfulness, or want of knowledge of the duties of his station or the willful violation of any provision of this title. Whenever any person applies for authority to perform jjg^j'"^'^®'''®"^!- the duties of engineer of any steam- vessel, the inspectors iJ."s., m'- shall examine the applicant as to his knowledge of steam machinery, and his experience as an engineer, and also the proofs which he produces in support of his claim; and if, upon full consideration, they are satisfied that his character, habits of life, knowledge, and experience in the duties of an engineer are aU such as to authorize the belief that he is a suitable and safe person to be intrusted with the powers and duties of such a station, they shall grant him a license, authorizing him to be employed in such duties for the term of five years, in which they shaii assign ^^^*^||;'**®(*® him to the appropriate class of engineersj but such license shall be suspended or revoked upon satisfactory proof of negligence, unskiUfulness, intemperance, or the willful vio- lation of any provision of this Title. Whenever com- plaint is made against any engineer holding a license au- thorizing biTn to take charge of the boilers and machinery of any steamer, that he has, through negUgence or want of skill, permitted the boilers in his charge to bum or other- wise become in bad condition, or that he has not kept bis engine and machinery in good working order, it shall be the duty of the inspectors, upon satisfactory proof of such neghgence or want of skill, to revoke the license of such engraeer and assign him to a lower grade or class of engi- neers, if they find him fitted therefor. Whenever any person claiming to be a skillful pilot of ^'^'^^'^°^- steam-vessels offers himself for a license, the inspectors shall make diligent inquiry as to his character and merits, and if satisfied, from personal examination of the appli- cant, with the proof that he offers that he possesses the requisite knowledge and skill, and is trustworthy and faithful, they shall grant him a license for the term of five years to pilot any such vessel within the limits T>re-s^yglf^^^^ scribed in the license; but such license shall be suspended or revoked upon satisfactory evidence of negligence, unskiUfulness, inattention to the duties of his station, or intemperance, or the willful violation of any provision of this Title. , T. T • f Where the master or mate is also pilot of the vessel, he ^J^'^^^^l^^^^ shall not be required tp^Ji^ld two licenses to^erform suchpi^t.^ duties but the license m^Mk^ MMS^M face that he is autfiorized to act in such double capacity. 186 DEPAETMENT OF COMMEECE. steteregaiation jjq gtate or municipal government shall impose upon ° I! s.,'uu- pilots of steam-vessels any obligation to procure a State or other license in addition to that issued by the United States, or any other regulation which will impede such pilots in the performance of the duties required by this Title; nor shall any pilot-charges be levied by any such authority upon any steamer piloted as provided by this Title; and in no case shall the fees charged for the pilot- age of any steam-vessel exceed the customary or legally established rates in the State where the same is per- formed. Nothing in this Title shall be construed to annul or affect any regulation established by the laws of any State, requiring vessels entering or leaving a port in any such State, other than coastwise steam-vessels, to take a pilot duly licensed or authorized by the laws of such State, or of a State situate upon the waters of such State. officere"'""'"^^*^ Every master, chief mate, engineer, and pilot, who ° js?s.', me- receives a license, shall, before entering upon nis duties, make oath before one of the inspectors herein provided for, to be recorded with the certificate, that he will faith- fully and honestly, according to his best skUl and judg- ment, without concealment or reservation, perform all the duties required of him by law. SM^'iof''^''^' Every applicant for license as either master, mate, pilot, or engineer under the provisions of this title shall make and subscribe to an oath or affirmation, before one of the inspectors referred to in this title, to the truth of aU the statements set forth in his application for such license. False oath. ^y jjerson who shall make or subscribe to any oath or affirmation authorized in this title and knowing the same to be false shall be deemed guilty of perjury. ceme.* "» g i n g li- Every licensed master, mate, pUot, or engineer who shall change, by addition, interpolation, or erasure of any kind, any certificate or license issued by any inspector or inspec- tors referred to in this title shaU, for every such offense, upon conviction, be punished by a fine of not more than five hundred dollars or by imprisonment at hard labor for a term not exceeding three years. pos'ted?^^ *° ^^ Every master, mate, engineer, and pilot who shall re- R.s'.,mo. ceive a license shall, when employed upon any vessel, Stat., m]!^ within forty-eight hours after going on duty, place his certificate of license, which shall be framed under glass, in some conspicuous place in such vessel, where it can be seen by passengers and others at all times: Provided, That in case of emergency such officer may be trans- ferred to another vessS of the same owners for a period not exrceeding forty-eight hours without the transfer of his license to such other vessel; and for every neglect to comply with this provision by any such master, mate, engineer, or pilot, he shall be subject to a fine of one hun- dred dollars, or to the revocation of his license. o3t\^m°^ °^' When any licensed officer is employed on a steamer in R.s.,JMy. a district fliglitai^cfifeiittMojsJei^ board of inspectors, such STEAMBOAT-INSPECTION SEEVICE. 187 inspectors, or the supervising inspector of the district, may grant a renewal of his license, without such licensed officer being personally present, under such regulations as the board of supervismg inspectors shall prescribe. AH officers licensed under the provisions of this Title j^™''^^"' ?'"'<'«" shall assist the inspectors in their examination of any ves-tors^m'^exS^ma- sel to which such licensed officers belong, and shall point "Ts.,«4«. out all defects and imperfections known to them in the hull, equipments, boilers, or machinery of such vessel, and also shaU make known to the inspectors, at the earliest opportunity, all accidents or occiu-rences producing serious injury to the vessel, her boilers, or machinery; and in de- fault thereof the license of any such officer so neglecting or refusing shall be revoked. If any licensed officer shall, to the hindrance of com- Eevpcation of •^ j> 11 '11 t> , • t • officer's license for merce, wrongtully or unreasonably refuse to serve m his refusing to serve. official capacity on any vessel as authorized by the terms ^ar'.'sfiios (ss of his certfficate of license, or shall fail to deliver to the^*"'-'^''**^- applicant for such service at the time of such refusal, if the same shall be demanded, a statement in writing as- signing good and sufficient reasons therefor, or if any pilot or engineer shall refuse to admit into the pilot house or engine room any person whom the master or owner of the vessel may desire to place there for the purpose of learning the profession, his license shall be revoked or suspended upon the same proceedings as are provided in other cases of revocation or suspension of such licenses. The local boards of inspectors shall investigate aU ^^^^^**^t*»°^f acts of incompetency or misconduct committed by anycers. licensed officer while actiug imder the authority of his ^' '' ***"" license, and shall have power to summon before them any witnesses mthin their respective districts, and compel their attendance by a similar process as in the United States circuit or district courts; and they may adminis- ter all necessary oaths to any witnesses thus summoned before them; and after reasonable notice in writing, giv- en to the alleged delinquent, of the time and place of such investigation, such witnesses shall be examined, under oath, touching the performance of his duties by any such licensed officer; and if the board shall be satisfied that such licensed officer is incompetent, or has been guilty of misbehavior, negligence, or unskillfulness, or has endan- gered life, or wilifiuly violated any provision of this Title, they shall immediately suspend or revoke his license. (See sec. 2, act of May 28, 1896, p. 207.) !=> The chief officer of the customs for the district shall ^jPf^y^f^' »' pay * * * guch fees * * * to any witness, so R.a.,uBi. . summoned, for his actual travel and attendance, as shall be officially certffied to by any inspector hearing the case, 1 As amended by acts approved June 19, 1886, April 4, 1888, and May 28, 1896. (See P- 206.) ^ , , . .^ -J 2 Fees for the services of United States marshals for summomng witnesses are paid through the Department of Justice, JmdPr the provisions of sectiomi 12 and 13 of an act approved May &, 1896. Section &Q^e^»a^Sl^jf^">, I'S?^ twj tf ®tuesses' fees. 188 DEPAKTMENT OF COMMEECE. upon the back of such summons, not exceeding the rate aQowed for fees and to witnesses for trayel and attend- ance in any circuit or district courts of the United States. Appeal to su- Whenever any board of local inspectors refuses to grant perv mg inspec- ^ license to any person applying for the same, or sus- Maf:'s%% (33 pends or revokes the license of any master, mate, engineer, sua.,ioso). or pilot, any person deeming himself wronged by such refusal, suspension, or revocation, may, within thirty days thereof, on application to the supervising inspector of the district, have his case examined anew by such supervising inspector; and the local board shall furnish to the supervismg inspector, in writing, the reasons for its doings in the premises ; and such supervising inspector shall examine the case anew, and he shall have the same powers to summon witnesses and compel their attend- ance and to administer oaths that are conferred on local inspectors; and such witnesses * * * shall be paid in the same manner as provided for by the preceding sec- tion; and such supervising inspector may revoke, change, or modify the decision of such local board; and like pro- ceedings may be had by any master or owner of any- steam vessel in relation to the inspection of such vessel, or her boilers or machinery, by any such local board; and in case of repairs, and in any investigation or inspec- tion, where there shall be a disagreement between the local inspectors, the supervising inspector, when so re- quested, shall investigate and decide the case. In cases of trials for the revocation or suspension of an officer's license, where either the license has been revoked or sus- pension for more than six months has been made, and such action has been affirmed by the supervising inspec- tor, the officer whose license is in question may have the case examined anew by the Supervising Inspector-Gen- eral, who shall have the same powers to summon wit- nesses, to compel their attendance, and to administer oaths as are conferred on local inspectors, and the Super- vising Inspector-General may revoke, change, or modify said decisions. Application for such reexamination of the case shall be made to the Supervising Inspector-Gen- eral within thirty days after final decision by the super- vising inspector. and nottae for re°- ■'■^ addition to the annual inspection, the local inspec- pairs. tors shall examine, at proper times, steamers arriving and Mar'.'sTiBOB {ss departing to and from their respective ports, so often as sm., 102S). ^Q enable them to detect any neglect t© comply with the requirements of law, and also any defects or imperfections becoming apparent after the inspection aforesaid, and tending to render the navigation of the vessels unsafe; and if they shall discover any omission to comply with the law, or that repairs have become necessary to make the vessel safe, the inspectors shall at once notify the master, in writing, stating m the notice what is required ; and if the master deems tne requiiements unreasonable or unneo- STEAMBOAT-INSPECTIOK SERVICE. 189 essary, hemay apply for a reexamination of thecase to the supervising inspector, as provided in the preceding section. All inspections and orders for repairs shall be promptly made by the inspectors, and, when it can be safely done in their judgment, they shall permit repairs to be made where those interested can most conveniently do them. And whenever any local inspector or supervising inspector ascertains to his satisfaction that any vessel, subject to the provisions of this title, has been or is being navigated or operated without complying with the terms of the vessel's certificate of inspection regarding the number and class of licensed officers and crew, or without comply- ing with the provisions of law and her said certificate as to the number or kind of life-saving or fire-fighting appa- ratus, or without maintaining in good and efficient con- dition her lifeboats, fire pumps, fire hose, and life-pre- serveirs, or that for any other reason said vessel can not be operated with safety to life, the said local or supervis- ing inspector shall order the owner or master of said ves- sel to correct such unlawful conditions, and may require that the vessel at once cease navigating and be submitted to reinspection; and in case the said orders of such inspec- tor shall not at once be complied with, the said inspector shall revoke the said vessel's certificate of inspection and shall immediately give to the owner, master, or agent of said vessel notice, in writing, of such revocation; and no new certificate of inspection shall be again issued to her until the provisions of this title have been complied with. Any vessel subject to the provisions of this title operating or navigating or attemptmg to operate or navigate after the revocation of her certificate of inspection and before the issuance of a new certificate, shall, upon application by the inspector to any district court of the United States having jurisdiction, and by proper order or action of said court in the premises, be seized summarily by way of libel and held without privilege of release by bail or bond until a proper certificate of inspection shall have been issued to said vessel: Provided, That the master or owner of any vessel whose certificate shall have been so revoked may within thirty days after receiving notice of such revo- cation appeal to the Secretary of Commerce for a reex- amination of the case, and upon such appeal the said Secretary shall have power to revise, modify, or set aside such action of the local or supervising inspector and direct the issuance to such vessel of her original certifi- cate.or of a new certificate of inspection; and in case the said Secretary shall so direct the issuance of a certificate, aU judicial process against said vessel based on this sec- tion shall thereupon De of no further force or effect, and the vessel shall thereupon be released. If any master or owner of any steamer shall refuse or ^^^^ neglect to comply with the requirements of the local in- Tt. spectors, made in pursuance of the preceding section, and ^ Digitized by microsoft® Failure ta make airs. a.. 190 DEPAETMENT ur uuivimjini^j!/. "^'~~ ' shall, contrary thereto and while the same remains unre- versed by the supervising inspector, employ the vessel by navigating her, the master and owner shall be liable to a f>enalty of five hundred dollars for each offense, one-half or the use of the informer; for which sum the vessel itself shall be liable, and may be seized and proceeded against by libel in any district court having jurisdiction; and the master and owner, and the vessel itself, shall, in addition thereto, be liable for any damage to passengers and their baggage which shall occur from any defects as stated in the notice prescribed by the preceding section.' s StM*s offloSi ^^^ inspectors of one district shall not modify or annul spec r s la ^^^ (joings of the inspcctors of another district in regard R. s., uBi- ^Q repairs, unless there is a change in the state of things, demanding more repairs than were thought necessary when the order was made. Nor shall the inspectors of one district license a person coming from another district, if such person has been rejected for unfitness or want of qualifications. d^stS n^ haJ^ ^^^ ^^^^^ boards of inspectors, when so requested in inginspeotors. writing by any master of [or] owner, shall, under the . s., use. direction of the supervising inspector, inspect steamers in other collection-districts where no such board is estab- lished; and if a certificate of approval is not granted, no other inspection shall be made by the same or any other board until the objections made by such local board and unreversed by the supervising inspector of the district, are removed. Nothing m this section shall impair the right of the inspectors to permit such vessel to go to Jtnotner port for repairs, if in their opinion it can be done with safety. po?teTylM°?to- 'T^® local inspectors shall keep a record of certificates specters. of inspection of vessels, their boilers, engines, and ma- ■ ■ chinery, and of all their acts in their examination and inspection of steamers, whether of approval or disap- proval; and when a certificate of approval is recorded, the original shall be delivered to the collector or other chief officer of the customs of the district. They shall also keep a like record of certificates authorizing gunpowder to be carried as freight by any steamer carrying passengers, and of all licenses granted to masters, mates, pilots, and engineers, and of all refusals of the same, of all suspen- sions and revocations of license, of all refusals, suspen- sions, or revocations of which they shall receive notices from other districts ; and shall report to the supervising inspector of their respective districts, in writing,- their decisions in cases of refusal of licenseSj or of the suspen- sion or revocation thereof, and all testimony received by them in such proceedings. Theyshall also report promptly to such supervising inspector all violations of the steam- boat-laws that come to their knowledge. They shall also keep an accurate account of every steamer boarded by STEAMBOAT-INSPECTION SERVICE. 191 them during the year, and of all their official acts and doiQgs, which, in the form of a report, they shall com- municate to the supervising inspector of the district, at such times as the board of supervising inspectors, by their established rules, shall direct. The Secretary of Conrmerce shall procure for the sev-gt^^*™"«'^?5; eral supervising inspectors and local boards of inspectors mg/e™7^or'iMai such instruments, stationery, printing, and other things '"'|fl:,44so. necessary for the use of their respective offices as may be required therefor. The salaries of the supervising inspector-general, of all Payment oisai- .. . , Ti-i^ ^, i- anes and ex- supervismg inspectors, local mspectors, assistant mspec-penses. tors, and clerks, provided for by this Title, together with june'i^mew their traveling and other expenses when on official duty, ^'^"hl^l'i^g «j and all instruments, books, blanks, stationery, furniture, sm., «o)! and other things necessary to carry into 6ffect the pro- visions of this Title, shall be paid for, under the direction of the Secretary of Commerce, [from money appropriated therefor].' The Secretary of Commerce shall make such regula- §f|''*^°f- tions as may be necessary to secure the proper execution of this Title. ^ Any vessel of the United States subject to the provi-j.j^"^^''"!^^™^^ sions of this title or to the inspection laws of the United steamers. States shall not be navigated unless she shall have in her a'w-'^^isos {ss service and on board such complement of licensed officers ^^^^^^^-jg^j^j^ and crew as may, in the judgment of the local inspectors s«(s«.,OTj,«ec.i. who inspect the vessel, be necessary for her safe naviga- tion. The local inspectors shall make in the certificate of inspection of the vessel an entry of such complement of officers and crew, which may be changed from time to time by indorsement on such certificate oy local inspec- tors by reason of change of conditions or employment. Such entry or indorsement shall be subject to a right of appeal, under regulations to be made by the Secretary of Commerce, to the supervising inspector and from him to the Supervising Inspector General, who shall have the power to revise, set aside, or affirm the said determina- tion of the local inspectors. If any such vessel is deprived of the services of any number [member ?] of the crew without the consent, fault, or coUusion of the master, owner, or any person interested in the vessel, the vessel may proceed on her voyage if, in the judgment of the master, she is sufficiently manned for such voyage: Provided, That the master shall ship, if obtain- able, a number equal to the number of those whose services he has been deprived of by desertion or casualty, who must be of the same grade or of a higher rating with those 1 Effective on and after July 1, 1911. „ ,„,„ v ,. „-j„ 2 Amended by section 5 of the act of Congress approved June 9, 1910, which provides that every vessel propelled by machinery and not more than 65 feet in length, except tugboats and towboats propelled by steam, shall not be required to carry hcensed officers except a licensed operator on such vessels carrying passengers for hire. (See p. 210.) Digitized by Microsoft® 192 DEPARTMENT __ whose places they fill. If the master shall fail to explain in writmg the cause of such deficiency in the crew to the local inspectors within twelve hours of the time of the arrival of the vessel at her destination, he shall be liable to a penalty of fifty dollars. If the vessel shall not be manned as provided, in this Act, the owner shall be liable to a penalty of one hundred dollars, or, in case of an ' insufficient number of licensed officers, to a penalty of five hundred dollars. Ibid., sec. B. That the board of local inspectors shall make an entry in the certificate of inspection of every ocean and coast- wise sea-going merchant vessel of the United States pro- pelled by machinery, and every ocean-going vessel carry- mg passengers, the minimum number of licensed deck officers required for her safe navigation according to the following scale: That no such vessel shall be navigated unless she shall have on board and in her service one duly licensed master. That every such vessel of one thousand gross tons and over, propelled by machinery, shall have in her service and on board three licensed mates, who shall stand ia three watches while such vessel is being navigated, unless such vessel is engaged in a run of less than four hundred miles from the port of departure to the port of final desti- nation, then such vessel shall have two licensed mates; and every vessel of two hundred gross tons and less than one thousand gross tons, propelled by machinery, shall have two licensed mates. That every such vessel of one hundred gross tons and under two hundred gross tons, propelled by machinery, shall have on board and in her service one licensed mate; but if such vessel is engaged in a trade in which the time required to make the passage from the port of departure to the port of destination exceeds twenty-four hours, then such vessel shall have two licensed mates. That nothing in this section shall be so construed as to prevent local inspectors from .increasing the number of licensed officers on any vessel subject to the inspection laws of the United States if, in their judgment, such vessel is not sufficiently manned for her safe navigation: Provided, That this section shall not apply to fishing or whaling vessels, yachts, or motor boats as defined in the Act of June ninth, nineteen hundred and ten. Ibid., sec. s. That it shall be unlawful for the master, owner, agent, or other person having authority, to permit an officer of any vessel to take charge of the deck watch of the vessel upon leaving or immediately after leaving port, unless such officer shall have had at least six hours off duty within the twelve hours immediately preceding the time of sailing, and no licensed officer on any ocean or coast- wise vessel shall be required to do duty to exceed nine hours of any twenty-four while in port, including the date of arrigd^^or ^^re^han^t^^ve hours of any twenty- STEAMBOAT-INSPECTION SERVICE. 193 four at sea, except in a case of emergency when life or property is endangered. Any violation of this section shall subject the person or persons guilty thereof to a penalty of one hundred dollars. _ The inspectors shall state in every certificate of inspec-ggj^g'J™^f[g^'^^^- tion granted to steamers carrying passengers, other than R. s., uei- ferry-boats, the number of passengers of each class that any such steamer has accommodations for, and can carry with prudence and safety. It shall not be lawful to take on board of any steamer arylfg toJ^eat^a greater number of passengers than is stated in the certifi- number of passen- cate of inspection; and for every violation of this provisionals; s., ues. the master or owner shall be liable, to any person suing for the same, to forfeit the amount of passage-money and ten dollars for each passenger beyond the number allowed. If any passenger-steamer engages in excursions, the j^f p|^^jP^]™* inspectors shall issue to such steamer a special permit, in i?. s., ub«- writing, for the occasion, in which shall be stated the additional number of passengers that may be carried, and the number and kind of life-saving apphances that shall be provided for the safety of such additional passengers; and they shall also, in their discretion, limit the route and distance for such excursions. That the Secretary of Commerce is hereby authorized ^tJ^^^^P^™'^^' and empowered in his discretion to issue from time to ^^^l^^^!^- ^^^ time regulations, not contrary to law, to promote thewlte°rsdurkig. safety of life on navigable waters during regattas orgj^^^jjfj/*^®^** marme parades. s^iln'lTF^ That to enforce such regulations the Secretary of Enforcement' of Commerce may detail any public vessel in the service of 'f ^^tfj-^-y „, that Department and make use of any private vessel ten- coinmerce^.^may dered gratuitously for the purpose, or upon the request seVeto." of the Secretary of Commerce the head of any other ^^-^i-. »««• «• Department may enforce the regulations issued under this Act by means of any public vessel of such Depart- ment and of any private vessel tendered gratuitously for the purpose. , ^ j +1, Transfer of au- That the authority and power bestowed upon tne thonty auowed. Secretary of Commerce by sections one and two may ^M.,»ec.s. be transferred for any special occasion to the head of another Department by the President whenever in his judgment such transfer is desirable. Tliat for any violation of regulations issued pursuant ^.^2*'^= «» to this Act the following penalties shall be incurred : nH; >ec. 4. (a) A licensed officer shall be liable to suspension or ^^By licensed offl- revocation of license in the manner now prescribed by law for incompetency or misconduct. _ Noniicensed (b) Any person in charge of the navigation of a vesselp^o^' "'«''=«'' other than a licensed officer shall be liable to a penalty of five hundred dollars. ,,.,,. , owner if acta- (c) The owner of a vessel (including any corporate ,i™|,'Jd?'" officer of a corporation owning the vessel) actually on board shall be liable iQi^wmi^ 19^^^^^^^^^ dollars, 76224°— 13 13 194 DBPAETMENT OF COMMERCE. unless the violation of regulations shall have occurred without his knowledge, other persons. ((J) j^j other person shall be liable to a penalty of two hundred and fifty dollars. naiSS'°° °' "^^^ Secretary of Commerce is hereby authorized and pena les. empowered to mitigate or remit any penalty herein provided for in the manner prescribed by law for the mitigation or remission of penalties for violation of the navigation laws. List of passen- The master of every passenger steamer shall keep a ^^b'. s., iw. correct count of aU the passengers received and delivered gj^^^)'/^<'*from day to day, which count shall be open to the inspection of the inspectors and officers of me customs at aU times, and the aggregate number of passengers shall be furnished to inspectors as often as called for: Provided, however, That a correct list of passengers received and delivered from day to day shall be kept, instead of a cor- rect count, by the masters of seagoing passenger steamers in the coastwise trade and by me masters of passenger steamers on the Great Lakes on routes exceeding three hundred miles : Provided further, That nothing herem shall affect existing laws relative to vessels running between this country and foreign ports. uie^to'Sep'pM- Every master of any passenger steamer who fails, sengeriist. through negUgence or design, to keep a count or list of if(iyls5^«(s« passengers as required by the precemng section shall be sua., iSB). liable to a penalty of one hundred dollars. pemdties'*''^ "' The penalties miposed by sections forty-four hundred R.a.,u69. and sixty-five and forty-four hundred and sixty-eight shall be a lien upon the vessel in each case; but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment aKiSBtfire*'°°° Every steamer carrying passengers or freight shall be U.S., wo. provided with suitable pipes and valves attached to the st^Ti^iif^^^^ooiler to convey steam mto the hold and to the different compartments thereof to extinguish fire, or such other suitable apparatus as may be prescribed by the regula- tions of the board of supervising inspectors, with the' approval of the Secretary of Commerce, for extin- guishing fire in the hold and compartments thereof by the introduction through pipes into such hold and compartments of carbonic acid gas or other fire-extia- guisliing gas or vapor; and every stove used on board of any such vessel shall be weU and securely fastened, so as to prevent it from being moved or overthrown, and all woodwork or other ignitible substances about the boilers, chimneys, cook nouses, and stovepipes, exposed to ignition shall be thoroughly shielded by some incom- bustible material in such a maimer as to leave the air to circulate freely between such material and woodwork or other ignitible substance; and before granting a certifi- cate of inspection the inspector shall require all other necessary ^fiB^gfiiife'MW^Itife throughout such vessel to guard against loss or danger from fire. STEAMBOAT-INSPECTION SEEVICE. 195 Every steamer permitted by her certificate of iaspec-jjJ^«P"™ps*°<* tion to carry as many as fifty passengers, or upward, e.'s.,U71. and every steamer carrying passengers, which also cax- sdl^^i'^''^^ lies cotton, hay, or hemp, Siall be provided with a good double-acting steam fire-pump, or other equivalent appa- ratus for throwing water. Such pump or other apparatus for throwing water shall be kept at all times and at all seasons of the year in good order and ready for imme- diate use, having at least two pipes of suitable dimen- sions, one on each side of the vessel, to convey the water to the upper decks, to which pipes there shall be attached, by means of stop cocks or valves, both between decks and on the upper deck, good and suitable hose of sufficient strength to stand a pressure of not less than one hundred pounds to the square inch, long enough to reach to all parts of the vessel and properly provided with nozzles,, and kept in good order and ready for immediate service. Every steamer exceedmg two hundred tons burden and carrying passengers shall be provided with two good double-acting fire pumps, to be worked by hand; each chamber of such pumps, except pumps upon steamers in service on the twenty-eighth day of February, eighteen hundred and seventy-one, shall be of sufficient capacity to contain not less than one hundred cubic inches of water; and such pumps shall be placed in the most suit- able parts of the vessel for efficient service, having suitable well-fitted hose to each pump, of at least one-half the vessel in length, kept at all tmies in perfect order, and shipped up and ready for immediate use. On every steamer not exceeding two hundred tons, one of such pumps may be dispensed with. Each fire pump thus prescribed shall be supplied with water by means of a suitable pipe connected therewith, and passing through the side of the vessel so low as to be at all times under water when ^he is afloat. Every steamer shall also be provided with a pump which shall be of sufficient strength and suitably arranged to test the boilers thereof. » No loose hay, loose cotton, or loose hemp, camphene, „,D^f ™°b\ caJl nitroglycerin, naphtha, benzine, benzole, coal oil, crude riedm^passenger or refined petroleum, or other like explosive bummg s.s.,u''s. fluids, or like dangerous articles, shall be carried ^sm^'im^.^^^ freight or used as stores on any steamer carrymg pas- sengers; nor shall baled cotton or hemp be carried on such steamers unless the bales are compactly pressed and thoroughly covered and secured in such manner as shall be prescribed by the regulations established by the board of supervising mspectors with the approval of the Sec- retary of Commerce; nor shall gunpowder be carried on any such vessel except under special license; nor shall oil of vitriol, nitric or other chemical acids be car- ried on such steamers except on the decks or guards thereof or in such othg?^^^ f^MSM^^ ^ ^^^^ ^^ 1 See sections 4278-4280 and 5333-S355, pages 203, 204, and 205.) 196 DEPABTMBNT OF COMMEBCE. prescribed bj the inspectors. Refined petroleum, which will not ignite at a temperature less than one hundred and ten degrees of Fahrenheit thermometer, may be carried on board such steamers upon routes where there is no other practicable mode of transporting it, and under such regulations as shall be prescribed by the board of supervising inspectors with the approval of the Secre- tary of Commerce; and oil or spirits of turpentine may be carried on such steamers when put up in good metallic vessels or casks or barrels well and securely bound with iron and stowed iu a secure part of the vessel; and friction matches may be carried on such steamers when securely packed in strong, tight chests or boxes, the covers of which shall be well secured by locks, screws, or other reliable fastenings, and stowed in a safe part of the vessel at a secure distance from any fire or heat. All such other provisions shall be made on every steamer carrying passengers or freight, to guard against and ex- tinguish fire, as shall be prescribed by the board of super- vismg inspectors and approved by the Secretary of Com- traiS'ortattonof'^®^*^®- Nothing ui the foregoing or following sections ^&^sw(si of this Act shall prohibit the transportation by steam ^'Feb!%,'im(s3yesse\a of gasoline or any of the products of petro- stat.,7m). leum when carried by motor vehicles (commonly known as automobiles) using the same as a source of motive power: Provided, however, That all fire, if any, in such vehicles or automobiles be extinguished immediately after entering the said vessel, and that the same be not relighted until immediately before said vehicle shall leave the vessel: Provided further, That any owner, master, agent, or other person having charge of passenger steam vessels shall have the right to refuse to transport automo- bile vehicles the tanks of which contain gasoline, naphtha, or other dangerous burning fluids. sm^ml)!^''^^ P'f'o^ed, however. That nothing in the provisions of this Title shall prohibit the transportation by vessels not carndng passengers for hire, of gasoline or any of the products of petroleum for use as a source of motive power sm^^'eso)!^" ^^ ^^^ *^® motor boats or launches of such vessels : Provided further, That nothing in the foregoing or following sec- tions of this Act shall prohibit the use, by steam vessels carrying passengers for hire, of lifeboats equipped with gasoline motors, and tanks containing gasoline for the operation of said motor-driven lifeboats: Provided, how- ever, That no gasoline shall be carried other than that in the tanks of the lifeboats: Provided further, That the use of such lifeboats equipped with gasoline motors shall be under such regulations as shall be prescribed by the board of supervismg inspectors with the approval of the Secretary oi Commerce. iawfuUy*^iSytag Every bale of cotton or hemp that shall be shipped or cotton or hemp. Carried on any jiassen^er-steamer, without conforming to ■ ■' ■*^'^*" the provisions of the preceding section, shall be subject to STEAMBOAT-INSPECTION SBEVICE. 197 a penalty of five dollars, and shall be liable to seizure and sale to secure the payment of such penalty. The Secretary of Commerce may grant permission to License for use the owner of any steam-vessel, to use any invention orthe^duotonS process for the utilization of petroleum or other mineral "^j'^PIj^f- oils or substances in the production of motive-power, and may make and enforce regulations concerning the application and use of the same for such purpose. But no such permission shall be granted, unless upon the certificate of the supervising inspector of steamboats for the district wherein such vessel is registered, and other satisfactory proof that the use of the same is safe and efficient; and upon such proof, and the approval of such certificate by tne Secretary of Commerce, a special license for the use of such process or invention shall issue under the seal of the Department of Commerce. Provided, however, That the Secretary of Commerce ju^ji*™'^"™ as may permit the use of petroleum as fuel on steamers o'a. is, im (ss not carrying passengers, without the certificate of the **"*■' **'*^' Supervismg Inspector of the district where the vessel is to DO used, subject to such conditions and safeguards as the Secretary of Commerce in his jud^ent shall provide. For a violation of any of the conditions imposed by the uiaj^m''""''''^' Secretary of Commerce a penalty of five hundred dollars " * '°™' shall be imposed, which penalty shall be a lien upon the vessel, but a bond may, as provided in other cases, be given to secure the satisfaction of the judgment. All gunpowder, nitro-glycerme, camphene, naphtha, ^ode^of^pack- benzine, benzole, coal-oil, crude or refined petroleum, oilticies. of vitriol, nitric or other chemical acids, ou or spirits of ^' *' ^^^' turpentine, friction-matches, and all other articles of like character, when packed or put up for shipment, shall be securely packed and put up separately from each other and from all other articles; and the package, box, cask, or other vessel containing the same shall be distinctly marked on the outside, with the name or description of the article contained therein. '■ Every person who packs or puts up, or causes to be uijaw^*'shi> packed or put up for shipment, any gunpowder, nitro- ptng dangerous ar- glycerine, camphene, naphtha, benzme, benzole, coal-oil, '^^Rf's.,u''6. crude or refined petroleum, oil of vitriol, nitric or other chemical acids, oil or spirits of turpentine, friction- matches, or other articles of like character otherwise than as directed by the preceding section, or who knowingly ships or attempts to ship the same, or delivers the same to any such vessel as stores, unless duly packed and marked, shall be deemed guilty of a misdemeanor, and punished by fine not exceeding two thousand dollars, or imprisonment not exceeding eighteen months, or both; one-half of the fine to go to the mformer, and the articles to be liable to seizure and forfeiture. 1 See sections 4278-4288)f«45?5MaS5. Ba?f&W3.,mri»nd 205 198 DEPAETMENT Oh LUiVliVliflUi. — a^f*"OT°steaSS Evcpy Steamer carrying passengers during the night- ?re. ^^^ ^ ™ time shall keep a suitable number of watchmen in the R.s.,u'r7- cabins, and on each deck, to guard against fire or other dangers, and to give alarm in case of accident or disaster, faitee ^to^'klep ^^^ .^"^y i^glect to keep the watchmen required by the watehmen. preceding section, the license of the officer in charge of js.s.,«7s. the vessel for the time being shall be revoked; and every owner of such vessel who neglects or refuses to furnish the number of men necessary to keep watch as required, shall be fined one thousand dollars. gubhere ®^*'"' The board of supervising inspectorsmayrequiresteamers R. s./un. carrying either passengers or freight to be provided with such number and kind of good and efficient portable fire- extinguishers as, in the judgment of the board, may be necessary to protect them from fire when such steamers are moored or lying at a wharf without steam to work the pumps, ropra'teu'pui" Every steamer carrying passengers shall be provided etc., 'for passen- with such tiller ropcs, tiUer rods, or chains for the purpose ^^V!s^^m>- of steering and navigating the vessel, and such bell-pulls SM'^mi)"^ ^** f *'•'' signalizing the engineer from the pilot house, and such tubes or other arrangement to repeat back the signal to the pilot house, as may be prescribed by the board of supervising inspectors, with the approval of the Secre- tary of Commerce. stS^'" '"'' Every steam-vessel navigating rivers only, except B.s.,'uii. ferry-boats, freight-boats, canal-boats, and towing-boats, of less than fifty tons, shall have at least one good substantial boat with lines attached, and properly supplied with oars, and kept in good condition at all times, and ready for immediate use; and in addition thereto, evely such vessel carrying passengers shall have one or more metallic life-boats, fire-proof, and in aU respects good and substantial boats, of such dimensions and arrangements as the board of supervising inspectors by their regulations shall prescribe, wnich boats shall be carried in the most convenient manner to be brought into immediate use in case of accident. But where the character of the naviga- tion is such that, in the opinion of the supervising in- spector, the metallic life-boats can be dispensed with, he may exempt any such vessel from carrying the same; or may require a substitute therefor, at his discretion. jorrive?SmS Every such steam-vessel carrying passengers shall also carrying passen- be provided with a good life-preserver, made of suitable ^^S.' a., uss. material, for every cabin passenger for which she will have accommodation, and also a good life-preserver or float for each deck or other class passenger which the inspector's certificate shall allow her to carry, including the officers and crew; which life-preservers or floats shall be kept in convenient and accessible places on such vessel inreadmess for immediate use in case of accident. axra^ltcSvOT Every such steam vessel carrying- passengers shall keep steamers'carrying such fire ^^^f^^ ^■'^^^ i 8^*^ 'W'p.ter barrels as shall be pre- paasengera^^ scribod by the regulations established by the board of STEAMBOAT-INSPECTION SERVICE. 199 supen^mg inspectors, with the approval of the Secre- itar.s.msiss tary of Commerce. The buckets "^^d barrels shall be ^"•'•■'''**^- kept m convement places and filled with water, to be in readmess m case o( fire, and the axes shall be kept in good order and ready for immediate use. Tanks of suit- able dmiensions and arrangement, or buckets in suffi- cient number, may be substituted for barrels. Every such steam-vessel carrying passengers on the stairways and mam-deck shall be provided with permanent stairways ftSrfc°a?5S| and other sufhcient means, convenient to the passengers PtL'd.^!"""" fOT then- escape to the upper deck, in case of the vessel ^^r/w. smkmg or of other accident endangering life; and in the stowage of freight upon such deck, where passengers are carried, gangways or passages, sufficiently large to allow persons to pass freely through them, shaJl be left open both fore and aft of the vessel, and also to and along the guards on each side. The captain or mate of every such steam-vessel carry- Aooommoda- mg passengers upon the main-deck shaH assign to all deck-senge?s'.'^""' ^^'^ passengers, when taking passage, the space on deck they ^■^■•^^■ may occupy durmg the voyage, and such space shall not thereafter be occupied by freight, nor overcrowded by other persons, nor shaJI freight be stowed about the boilers or machinery, m such a manner as to obstruct or prevent the engineer from readily attending to his duties. For every violation of the provisions of the two preced- I'enaity for not ing sections the owners of tTie vessel shaU be punished ^cTo^m'm^oTa- by a fine of three hundred dollars. *'°^g ^^ On any steamers navigating rivers only, when, from ^^^^r steamers darkness, fog, or other cause, the pilot or [on] watch wnen^na^^ton shall be of opinion that the navigation is unsafe, or,'^^/*^^, from accident to or derangement of the machinery of the boat, the chief engineer shall be of the opinion that the further navigation of the vessel is unsafe, the vessel shall be brought to anchor, or moored as soon as it can prudently be done: Provided, That if the person in com- mand shall, after being so admonished by either of such officers, elect to pursue such voyage, he may do the same; but in such case both he and the owners of such steamer shall be answerable for all damages which shall arise to the person of any passenger, or his baggage, from such causes in so pursuing the voyage, and no degree of care or diligence shall in such case be held to justify or excuse the person in command, or the owners. ' Every steamer navigating the ocean, or any lake, bay, on^^oraan**' & or sound of the Um'ted States, shall be provided with such and sound' steam- numbers of lifeboats, floats, rafts, life-preservers, hne- %. s., ^8«. 1 Amended by section 5 of the act of Congress approved June 9, 1910, which provides that every vessel propelled by machinery and not more than 65 feet in length, except tugboats and towboats propelled by steam, and also all vessels propelled by machinery Other than by steam more than 65 feet in length shall carry either life-preservers, or life I belts, or buoyant cushions, or ring buoys or other device, to be prescribed by the Secre- tary of Commerce, suf&cient to sustain afloat every person on board and so placed as to be readily accessible. All motor boats (as defined m the act) carrying passengers for hire shall carry one life-preserver of the sort prescribed by the regulations of the Board of Supervising Inspectors for every^^Jjp|^g/k^|dyy)|^^5)5gf jjf^ 200 DEPAKTMENT OF COMMEKt!J<;, -Mar. «, /s«9 (IS carrying projectiles, and the means of propelling them, and ^'Tpr. 11, ims (27 drags, as will best secure the safety of all persons on board ^%kr%', i»5(3ssucE vessel in case of disaster; and every sea-going vessel stat.,iou). carrying passengers, and every such vessel navigating any of the northern or northwestern lakes, shall have the Hfeboats required by law, provided with suitable boat- disengaging apparatus, so arranged as to allow such boats to be safely launched while such vessels are under speed or otherwise, and so as to allow such disengaging appa- ratus to be operated by one person, disengaging both ends of the boat simultaneously from the tackles by which it may be lowered to the water. And the board of super- vising inspectors shall fix and determine, by their rules and regulations, the character of lifeboats, floats, rafts, hfe-preservers, line-carrying projectiles, and the means of propelling them, and drags that shall be used on such vessels, and also the character and capacity of pumps or other appliances for freeing the steamer from water in case of heavy leakage, the capacity of such pumps or apphances being Suited to the navigation in which the steamer is employed. Every vessel subject to the pro- visions of this title shall, while in operation, carry one life- preserver for each and every person allowed to be carried on said vessel by the certificate of inspection, including each member of the crew: Provided, however, That upon such vessels and under such conditions as are specified in section forty-four hundred and eighty-two floats may be substituted for life-preservers, iuiy person who willfully and knowingly manufactures or sells, or offers for sale, or has in his possession with intent to sell, hfe-preservers containing metal or other nonbuoyant material, for the purpose of increasing the weight thereof, or more metal or other such material than is reasonably necessary for the construction thereof, or who shall so manufacture, sell, offer for sale, or possess with intent to sell any other arti- cles commonly used for preservation of Uf e or the preven- tion of fire on board vessels subject to the provisions of this title, which articles shall be so defective as to be in- efficient to accomplish the purposes for which they are respectively intended and designed, shall upon convic- tion, be fined not more than two thousand dollars, and may, in addition thereto, in the discretion of the court, be imprisoned not exceeding five years, urrtoprovideiife- ^ ^^® owner of any such steamer who neglects or refuses boats.etc. to providc such life-boats, floats, rafts, life-preservers, jif(ir!'«t^ls9(w line-carrying projectiles, and the means of propelling Stat., lom). them, drags, pumps, or appliances, as are, under the pro- visions of the preceding section, required by the board of supervising inspectors, and approved by the Secretary of Commerce, shall be fined one thousand dollars. ' Amended by section 7 of the act of June 9, 1910. (See p. 210.) Digitized by Microsoft® STEAMBOAT-INSPECTION SERVICE. 201 'ake _ Every sea-going steamer, and every steamer navigat-^"^.^ter-tigh ing the great northern or northwestern lakes, carrying ste^lreca?ryta| passengers, the building of which shall be completed after "Ts^'^ the twenty-eighth day of August, eighteen hundred and seventy-one, shall have not less than three water-tight cross-bulk-heads, such bulk-heads to reach to the main- deck in single-decked vessels, otherwise to the deck next below the main-deck; to be made of iron plates, sustained upon suitable frame- work; and to be properly secured to the hull of the vessel. The position of such bulk-heads and the strength of material of which the same shall be constructed shall be determined by the general rules of the board of supervising inspectors. Steam- vessels of one hundred tons burden or under, ^^"'!'j|^^*«|^(«'J engaged in the coastwise bays and harbors of the United States, may be licensed by the United States local inspec- tors of steam-vessels to carry passengers or excursions on the ocean or upon the Great Lakes of the North or Northwest, not exceeding fifteen miles from the mouth of such bays or harbors, without being required to have the three water-tight cross-bulkheads provided by section forty-four hundred and ninety of the Revised Statutes for other passenger steamers : Provided, That in the judgment of the local inspector such steamers shall be safe and suitable for such navigation without danger to human life, and that they shall have one water-tight collision bulkhead not less than five feet abaft the stem of said steamer. ^ No kind of instrument, machine, or equipment, for the ^^^ "or™'™! better security of life, provided for by this Title shall bentyofiite. used on any steam-vessel which shall not first be approved • ^■' *^^' by the board of supervising inspectors, and also by the Secretary of Commerce.^ Every barge carrying passengers, while in tow of ^^^J -o^l^^^"^^^ steamer, shafl be subject to the provisions of this Title b.s.,u92. relating to fire-buckets, axes, life-preservers, and yawls, to such extent as shall be prescribed by the board of super- vising inspectors; and for any violation of this section the penalty shall be two hundred dollars, recoverable one- hair for the use of the informer. 3 Whenever damage is sustained by any passenger or j^^^jaMmy^f his baggage, from explosion, fire, coDision, or other ers for damages to cause, the master and the owner of such vessel, or either ^^™f,'!j4^s of them, and the vessel shall be liable to each and every person so injured, to the full amount of damage if it happens through any neglect or failure to comply with the provisions of this Title, or through known defects or imperfections of the steaming-apparatus or of the huU; and any person sustaining loss or mjury through the care- 1 Amended by section 5 of the act of June 9, 1910. (See p. 210.) . . ' The powers of the executive committee of the Board of Supervismg Inspectors, pro- vided by section 4405, Revised Statutes, as amended by theact of March 3, 1905 (seep. 170), are extended by said section to the approval of the mstruments, maclunes, and equip- ments referred to herein. » See section 6344, page 205. Digitized by Microsoft® 202 DEFABTMEiSTT owmmimmmmmm^^^^m^^r:^^^ lessness, negligence, or willful misconduct of any master, mate, engineer, or pilot, or his neglect or refusal to obey the laws governing the navigation of such steamers, may sue such master, mate, engineer, or pilot, and recover damages for any such injury caused by any such master, mate, engineer, or pilot. Two copies of Evcrv master or commander of any steam-vessel carrv- this title to be. •' ini i.j"i u lii/ kept on each pas- mg passcngcrs shall keep on board oi sucn vessel at least °^K.f Iw^"^' t'^o copies of the provisions of this Title, to be furnished to him by the Secretary of Commerce; and if the master or commander neglects or refuses to do so, or shall un- reasonably refuse to exhibit a copy of the same to any passenger who asks for it, he shall be liable to a penalty of twenty dollars. Name of steam- Everv steam-vessel of the United States,, in addition to ertoDeexniDiteu. ,. . ^ • , ^ r , i ni j_i B. a., U8S. havmg her name pamted on her stem, snail nave tne same conspicuously placed in distinct, plain letters, of not less than six inches ifi. length, on each outer side of the pilot- house, if it has such, and in case the vessel has side-wheels, also on the outerside of each wheel-house; and if any such steamboat be found without having her name placed as required, she shall be subject to the same penalty and foneiture as provided by law in the case of a vessel of the United States found without having her name, and the name of the port to which she belongs, painted on her stem, toms office?' ""^ "^ Collectors, or other chief officers of the customs, and B. s., um'. all inspectors within the several districts, shall enforce the provisions of this Title against all steamers arriving and departing. omiik>n"of dut^ Every collector, or other chief officer of the customs, or by customs oft inspector, who negligently or intentionally omits any duty '^^R.s.,uffr. under the preceding section, shall be liable to removal from office, and to a penalty of one hundred dollars for each offense, to be sued for in an action of debt. mMit^et7'dm?ed "^ register, enrollment, or license shall not be granted to vessels not or Other papers be issued by any collector or other chief SeSw!"^ ^'^"^ officer of customs to any vessel subject by law to inspec- ^ar'^miss^^^^ under this title until all the provisions of this title sm.,iosh). applicable to such vessel have been fully complied with and until the certificate of inspection required by this title for such vessel has been filed with said collector, ureto^omply!*''' *^^ any vcssel propelled in whole or in part by steam be B.s.,im.' navigated without complying with the terms of this SM^l'm's)^^ ^'^ title, the owner shall be liable to the United States in a penalty of five hundred dollars for each offense, one-half for the use of the informer, for which sum the vessel so navigated shall be liable, and may be seized and pro- ceeded against by way of libel in any district court of the United States having jurisdiction of the offense. Persons or corporations chartering or engaging or contracting for the use of vessels subject to this title, under such STEAMBOAT-INSPECTION SERVICE. 203 terms and conditions that they have full and exclusive control of the management and operation of such vessels, shall be subject to the same penalties for violations of the provisions of this title as are now imposed upon owners of vessels thereunder, and in such cases the owners shall not be liable to such penalties for such violations by such charterers or contractors. The penalty for the violation of any provision of this ^„f ''°*'*y^'i^'=?sos Title, not otherwise specially provided for, shall be a fine ""jJ.^s'i^soo. "' of five hundred dollars, recoverable one-half for the use of the informer. Until further provision is made by Congress, all pilots statereguiation in the bay^, inlets, rivers, harbors, and ports of the° ^'.s.,'iBss. United States shall continue to be regulated in conform- ity with the existing laws of the States respectively wherein such pilots may be, or with such laws as the States may respectively enact for the purpose. The master of any vessel coming into or going out of PUotsonbomid- ... , •' , 1*^1 ii° 1 ** 1 *"6S between any port situate upon waters which are the boundary states, between two States, may employ any pilot duly licensed or ^' '*' '***®' authorized by the laws of either of the States bounded on such waters, to pilot the vessel to or from such port. No regulations or provisions shall be adopted by anyy^Oj^isormma- State which shall make any discrimination in the rate of puotage. pilotage or half-pilotage between vessels sailing between **'^*'^- the ports of one State and vessels sailing between the ports of different States, or any discrimination against vessels propelled in whole or in part by steam, or against national vessels of the United States; and all existing regulations or provisions making any such discrimination are annulled and abrogated. It shall be unlawful to transport, carry, or convey, ^^^'^^'^^11^^; anv dvnamite, gunpowder, or other explosive, between a vehicles with pas- place m a foreign country and a place within or subject foradden. ' to the jurisdiction of the United States, or between a Mafso^^fmtss place in any State, Territory, or District of the United s<^v^«ff4^^ ^^ States, or place noncontiguous to but subject to the juris- stat^' I'm), eec. diction thereof, and a place in any other State, Territory, ***■ or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such ^E^iosives pe> vessel or vehicle small arms ammunition in any quantity, ™ and such fuses, torpedoes, rockets, or other signal de- vices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty sam- ples at one time in a single vessel or vehicle; but such Eestriction. samples shall not be earned in that part of a vessel or vehicle which is intended for the transportation of pas- Digitized by Microsoft® 204 DEPAETMENT On uuiviivijswijja. Military trans- sengers fop hire: Provided further, That nothing in this portation. section shall be construed to prevent the transportation of military or naval forces witn their accompanying mu- nitions of war on passenger equipment vessels or vehicles. Regulations for The Interstate Commerce Commission shall formulate pS?(S^™tl ^''e regulations for the safe transportation of explosives, ^^te comS^rc'e which shaU be binding upon all common carriers engaged Commission. in interstate or foreign commerce which transport explo- nid.,sec.^ss. g.^^g ^y land. Said commission, of its own motion, or upon apphcation made by any interested party, may make changes or modifications in such regulations, made desirable by new information or altered conditions. Such regulations shaU be in accord with the best known prac- ticable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the mate- rial when offered is in proper condition to transport. Effect. S':ch regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formula- tion and publication by said commission and shall be ia effect until reversed, set aside, or modified. x?iuded^\°ro'm ^* ^^^'^^ ^® Unlawful to transport, carry, or convey, §ertain^vesse'is°Shquid nitroglycerin, fuhninate in bulk in dry condition, or ^^imTsec. Bsi. other hke explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place ia any other State, Territory, or District of the United States, or place noncontiguous to but subject to the juris- diction thereof, on any vessel or vehicle of any descriptioa operated by a common carrier in the transportation of passengers or articles of commerce by land or water. ag^^JfSliof^es" Every package containing explosives or other dan- R.s.,4B79,sses. gerous articles when presented to a common carrier for am°'^'iis'^^sec. shipment shall have plainly marked on the outside thereof ***■ the contents thereof; and it shall be unlawful for any per- son to deHver, or cause to be dehvered, to any common carrier engaged in interstate or foreign commerce by land or water, for interstate or foreign transportation, or to carry upon any vessel or vehicle engaged in interstate or foreign transportation, any explosive, or other dangerous article, under any false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such deUvery or carriage is violation.™™"" ™^'i®- Whoevcr shall knowingly violate, or cause to be violated, any provision of this section, or of the three sec- tions last preceding, or any regulation made by the Inter- state Commerce Commission in pursuance thereof, shall be fined not more than two thousand dollars, or impri&- Causing death oned not more than eighteen months, or both. gai^"trULrt'a: n ^^^ ttej^Mfef l^'W/^sBflgTy of any person is caused tion. by the explosion of any article named in the four sections STEAMBOAT-INSPECTION SEEVIOE. 205 last preceding, while the same is being placed upon anv R-s-.essi vessel or vehicle to be transported in Eolation thereof , s*^;- fiw? -c' or while the same is being so transported, or while the**^" same is being removed from such vessel or vehicle, the person knowingly pkciag, or aidiag or permitting the placmg, of such articles upon any such vessel or vehicle, to be so transported, shall be imprisoned not more than Puoisiunent. ten years. The two preceding sections shall not be so construed as Regulation by to prevent any State, Territory, district, city, or town MyoerSf " ™ ysathm the United States from reflating or from prohib- ^■^■''>^^°- iting the traffic in or transportation of those substances, between persons or places lying or beiag within their respective territorial limits, or from prohibiting the intro- duction thereof into such limits, for sale, use, or con- sumption therein. Any person shipping oil of vitriol, unslaked lime, inflam-fl^^^E™g ^^ mable matches, or gunpowder, in a vessel taking cargo n™™* * ™* for divers persons on freight, without delivering, at the juneiifmem time of shipment, a note in writing, expressing the nature*'"*-- '■9).'««- •*• and character of such merchandise, to the master, mate, officer, or person in charge of the lading of the vessel, shall be liable to the United States in a penalty of one thousand dollars. Every captain, engineer, pilot, or other person em-^^°^^^°4'«ej^y ployed on any steamboat or vessel, by whose misconduct, fleers, etc., oj ves- negligence, or inattention to his duties on such vessel the ^^|". s., esu- life of any person is destroyed, and every owner, char- g^^/gl^,^** (** terer, inspector, or other public officer, through whose Jt&r. 4, ims (ss fraud, neglect, connivance, misconduct, or violation ofSf' "^^' *^'" law the life of any person is destroyed, shall be fined not Punishment. more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, That when the owner g^^^^^**^^'gj°^- or charterer of any steamboat or vessel shall be a corpo- ration, any executive officer of such corporation, for the time being actually charged with the control and manage- ment of the operation, equipment, or navigation of such steamboat or vessel, who has knowingly and wiUfuUy caused or allowed such fraud, neglect, connivance, mis- conduct, or violation of law, by which the life of any person is destroyed, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both. Whoever, being the master or officer of a vessel of „,^attreat r^e n t the United States, on the high seas, or on_ any other of ves|ei. waters within the admiralty and maritime jurisdiction Mar'.'s.iam (.S9 of the United States, beats, wounds, or without \viS^'^^-^*^l^arf2,'im(,s5 able cause, imprisons any of the crew of such vessel, ovsm., 114s), sec. withholds from them suitable food and nourishment, or inflicts upon them any cruel and unusual punishment, Punishment. shall be fined not more than one thousand dollars, or imprisoned not more than five years, or both. Nothing IH^^ij, herein contained sh&UOsitiimkti^Mtctosr^^l or modify ■ -•> • 206 DEPAETMENT OF COMMEBCB. section forty-six hundred and eleven of the Revised Stat- utes, iiiegaitees. Everv inspector of steamboats who, upon any pretense, j/or. 4, «(»(»« receives any fee or reward tor ms services, except what is sm., lim). sec. ajio^e(j ^ ^un by law, shaU forfeit his office, and be fined not more than five hundred dollars, or imprisoned not more than six months, or both. _ aboUdiV" '*^° That on and after July first, eighteen hundred and */a«e%;is«ff(a4 eighty-six, no fees shall be charged or collected by col- stat.,7B). lectors or other officers of customs, or by inspectors of steam-vessels * * * for the following services to vesselsof the United States, to wit: * * * inspecting, examining, and licensing steam-vessels, including inspec- tion-certificate and copies thereof; and licensing of master, engineer, pilot, or mate of a vessel; and all provisions of laws authorizing or requiring the collection of fees for such services are repealed, such repeal to take effect July first, eighteen hundred and eighty-six. * * * And the Secretary of Commerce shall allow and pay, from * * * [money appropriated therefor],' said offi- cers such compensation for said services as each would have received prior .to the passage of this act; also such sjae^sot '*** ^** *^°°^P^^®^*^°^ ^° clerks of shipping commissioners, and clerks of steamboat inspectors, and such allowances for fees of United States marshals and witnesses for serv- ices under the steamboat-inspection laws, and for ex- penses of steamboat inspectors provided for by section forty-four hundred and sixty-one of the Revised Stat- stof'aof'^***^*'*"*®^- * * * Provided, That such services have, ia the opinion of the Secretary of Commerce, been neces- sarily rendered. Bay?°Nf''r.,°" Iroudcquoit Bay, New York, shall, for the purpose of navigable water, applying the provisions of title filty-two of the Revised sSr^w^^**" Statutes, relating to steam-vessels navigating thereon, be declared a navigable water of the United States; and steam-vessels navigated thereon, and carrying passengers, shall be inspected under the provisions of section forty- four hundred and twenty-six of the title referred to, and subject to the penalties provided therein for a failure to comply therewith. uSdsta'tos."' Vessels registered pursuant to law and no others, ex- ^s.,|Mi. ■ cept such as shall be duly qualified according to law s(a< °/s«)/«ec. I for Carrying on the coasting or fishing trade, shall be deemed vessels of the United States, and entitled to the benefits and privileges appertaining to such vessels ; but no such vessel shaD. enjoy such benefits and privileges longer than it shall continue to be wholly owned by a citizen or citizens of the United States or a corporation created under the laws of any of the States thereof, and be commanded by a citizen of the United States. And all the officers of vessels of the United States who shall have charge of a watch, including pilots, shall in all cases be cfl4S6#^P*W'EMa%tates. 1 Effective on and after July 1, 1911. STEAMBOAT-INSPECTION SEBVICE. 207 The word "officers" shall include the chief engineer fl"o*s<'<'fs" de- and each assistant engineer in charge of a watch on vessels propelled wholly or in part by steam; and after the first day of January, eighteen hundred and ninety-seven, no person shall be qualified to hold a license as a conunander or watch officer of a merchant vessel of the United States who is not a native-born citizen, or whose naturalization as a citizen shall not have been fully completed. * All licenses issued to such officers shall be for a term Licenses. of five years, but the holder of a license may have the '""'■•'"'■^■ same renewed for another five years at any time before its expiration: Provided, however, That any officer hold- ing a license, and who is engaged in a service which neces- sitates his continuous absence from the United States, may make application in writing for one renewal and transmit the same to the board of local inspectors with a statement of the applicant verified before a consul, or other officer of the United States authorized to administer an oath, setting forth the reasons for not appearing in person; and upon receiving the same the board of local mspectors that originally issued such license shall renew the same for one additional term of such license, and shall notify the applicant of such renewal. And in all cases where the issue is the suspension or revocation Of such licenses, whether before the local boards of inspectors as provided for in section forty-four hundred and fifty of the Revised Statutes, or before the supervising inspector as provided for in section forty-four hundred andfiity-twoof the Revised Statutes,the accused shall be allowed to appear by counsel and to testify in his own behalf. No master, mate, pilot, or engineer of steam vessels ^^'*'* ""*""«"' licensed under title fifty-two of the Revised Statutes shall be liable to draft in time of war, except for the perform- ance of duties such as required by his license; and, while performing such duties in the service of the United States, every such master, mate, pilot, or engineer shall be en- titled to the highest rate of wages paid in the merchant marine of the United States for similar services; and, if kUled or wounded while performing such duties under the United States, they, or their heirs, or their legal repre- sentatives shall be entitled to all the privileges accorded to soldiers and sailors serving in the Army and Navy, under the pension laws of the United States. But this shall not be construed to modify or repeal that ™^' *«"• *• provision of the Act of June twenty-sixth, .eighteen hun- dred and eighty-four, which reads as follows: "In cases where on a loreign voyage, or on a voyage from an Atlan- tic to a Pacific port of the United States, any such vessel is for any reason deprived of the services of an officer below the grade of master, his place, or a vacancy caused by the '■ 8eOf0ftiz&&itiye