ACTS OF CONG RESS TR',EATIES, PROCLAMATIONS, AND) I)V ISIONS. OF TI'IlE STr.IR1EIM; 1(')l:!'.l' 0(1' 'T' E ONC ON I G I I II!O N-t O'J? 7 r 1 f ANI) CUBA AND1 TO() ILTARY AI 1 'F'AIRS FIFTY-EI xIITHI C(T NIESS ---it.rch 4. 1903. 1o Marlch 3. 190)) SUPREMEI COURT C(ASES-Jimla.try 1. I.S!'s, to 1Decembler 3. 1906 'OMi '1LEDl 1' IN T1: Il'iR;EA.I OF I1 NSlt'1.AR A.\FFAIRS \W.\-1 I.lA IITMEN'I WA S I [ 1N (G TON (4 OVEI N I ENT I' I NT IN ( O 'I 1'T CE 1 907 i l ACTS OF CONGRESS TREATIES, PROCLAMAT~~IONS,,AND DECISIONS OF" TlHE SUP1REME COURT OF T HE UNITED STATES RtELATING TO NONCONTIGUOUS TERRITORY AND CUB3A AND TO- MILITARY AFFAIRS FIFTY-EIGHITH CONG"RESS-Marcht 4, 1903, to Mardli 3, 1905 SUPREME COURT CASES-Jannar'y 1, 1898, to IDecemiber 3, 1906 COMPILED IN THE BUREAU OF INSUJLAR AFFAIRS WAR DEPARTMENT WASHINGTON GOVERNMENT PRINTING OFFICE 1907 LI q LETTER OF TRANSMITTA L. WAR DEPARTMENT, TJash iington, January 4, 1907. SIR: On January 13, 1904, the Secretary of War transmitted to the Senate a compilation prepared by the Bureau of Insular Affairs, consisting ofFirst. All legislation enacted by the Congress of the United States during the period between March 4, 1897, the beginning of the first session of the Fiftyfifth Congress, and March 3, 1903, the date of the final adjournment of the Fifty-seventh Congress, concerning the Philippines, Porto Rico, Cuba, Hawaii, the Snaoan Islands, and Guam, the late Spanish-American war, and the Army and Navy of the United States. Second. All proclamations issued by the President and treaties entered into by the United States during the said period concerning any of the above-mentioned islands, together with the treaty providing for the lease to the United States by the Government of Cuba of coaling or naval stations, ratified October 6. 1903, and the commercial convention between the United States and Cuba, proclaimed December 17, 1903. This compilation was, by order of the Senate, January 19, 1904, printed as Senate Document No. 105, Fifty-eighth Congress, second session. The document was most favorably received and proved to be of such value and usefulness to all who had occasion to refer to the matter contained therein that the Department has received many urgent requests for the publication of a similar work for the period embraced by the Fifty-eighth Congress, March 4, 1903, to March 3, 1905. In view of the acknowledged usefulness of this document and in compliance with these numerous requests, I beg to transmit herewith a compilation, in the nature of a supplement to the above, which has been prepared by the Bureau of Insular Affairs, consisting ofFirst. All legislation enacted by the Fifty-eighth Congress of the United States, March 4, 1903-March 3, 1905, pertaining to Alaska, Cuba, Guam, Isthmian Canal Zone, Hawaii, the Midway Islands, the Philippine Islands, Porto Rico, and Samoa. Second. All treaties and conventions entered into by the United States during the same period which affect any of the above territory. Third. All proclamations issued by the President during the same period concerning any of the above territory. Fourth. All claims, the payment of which was provided for during said Congress, which originated during the Spanish-American war or in any of the territory mentioned. Fifth. All legislation enacted by the Fifty-eighth Congress pertaining to the Spanish-Treaty Claims Commission and to such claims as have been finally adjudicated by it. Sixth. Certain legislation passed by said Congress and enacted into law affecting the organization and discipline of the Army and Navy. III IV LETTER OF TRANSMITTAL. There has also been compiled and added as an appendix theretoA list of leading cases, with statements and syllabi, which arose in or relate to the insular and Isthmian possessions of the United States, and Cuba, heard and decided in the Supreme Court of the United States between January 1, 1898, and March 5, 1906.a This compilation is the only one of its kind, and will prove of great value to the legal fraternity and to all interested in the territorial advancement of the country. I believe that such a document would be highly appreciated by all of the Executive Departments, by the Congress, and by the libraries and colleges of the country, and I beg to request that the printing thereof be authorized by concurrent resolution, the proof reading and indexing of the same to be done by the War Department. Very respectfully, WM. Il-. TAFT, Secretary of War. The PRESIDENT OF THE SENATE. a Since the date of the above letter tlis list has been extended to and including December 3, 1906. NOTE. Senate Document No. 1Q5, Fifty-eighth Congress, second session, compiled in the Bureau of Insular Affairs, War Department, comprises: First. All legislation enacted by the Congress of the United States during the period embraced between March 4. 1897, the beginning of the first session of the Fifty-fifth Congress, and MIarch 3, 1903, the date of the adjournment of tlle Fifty-seventh Congress, concerning the Philippines, I-Hawaii, Porto Rico, the Sanoan Islands, Guam, and Cuba, the late Spanish-American war, and tlhe Army and Navy of the United States. Second. All proclamations issued by the President, and treaties entered into by the United States during the said period, concerning any of the abovementioned islands, together with the treaty providing for " Lease to the United States by the Government of Cuba of certain areas of land and water for naval or coaling stations in Guantanano and Bahia Ionda," ratified October 6, 1903, and the proclamation of the President, dated December 17, 1903, of the " Commercial Convention between tlie United States and Cuba." The present work, in the nature of a supplement to the above, contains: First. All legislation enacted by the Fifty-eighth Congress of the United States, March 4, 1903-March 3, 1905, pertaining to Alaska, Cuba, Guam, Hawaii, the Isthmian Canall Zone, the Midwiay Islands, the Philippine Islands, Porto Rico. and Samoa (Tutuila). Second. All treaties and conventions entered into by the United States during the lame period which affect any of the above territory. Third. All proclamations issued by the President during tle same period concerning any of the above territory. Fourth. All claims originating during the Spanish-American war or in any of the territory mentioned, the payment of which was authorized by said Congress. Fifth. All legislation enacted by the Fifty-eighth Congress pertaining to the Spanish Treaty Claims Commission and to such claims as have been finally adjudicated by it. Sixth. Certain legislation enacted by said Congress affecting the organization and discipline of the Army and Navy. Seventh. A list of leading cases, with statements and syllabi, which arose in or relate to the insular and isthmian possessions of the United States, and Cuba, heard and decided in tlme Supreme Court of the United States between January 1, 1898, and December 3, 1906. Separate headings have not been made in.the body of this work for Samoa (Tutuila), Guam, and the Midway Islands, as all legislation herein contained relating to such territory is of a military nature and will be found under "Army and Navy." The term " noncontiguous territory of the United States " has been substituted for " insular possessions" as being more appropriate to the scope of the present work. To facilitate reference, notes in italics have been inserted under the several general headings. v 44 CONTENTS. ACTS AND JOINT RESOLUTIONS OF CONGRESS. ALASKA. Fifty-eightlh Congress, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) --- —- 1 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (March 12, 1904, Public No. 48, chap. 543, 33 Stat. L., pt. 1, p. 67) --- 3 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (March 18, 1904, Public No. 57, chap. 716, 33 Stat. L., pt. 1, p. 85) ------- 3 An act for the relief of the WAestern Alaska Construction Company's Railroad. (April 9, 1904, Public No. 95, chap. 1135, 33 Stat. L., pt. 1, p. 165) ---—..___ ---_ _______ --- —-------- 4 An act to authorize the Government of the United States to participate in celebrating the. one hundredth anniversary of the exploration of the Oregon country by Captains Meriwether Lewis and William Clark in the years eighteen hundred and four, eighteen hundred and five, and eighteen hundred and six, and for other purposes. (April 13, 1904, Public No. 111, chap. 1253, 33 Stat. L., pt. 1, p. 175) -— _ ---- -__ 5 An act making appropriations for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) --- -----------------------—. 5 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and five. (April 23, 1904, Public No. 150, chap. 1486, 33 Stat. L., pt. 1, p. 276) ------ 5 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324) ----------------------------------- 5 An act to authorize the appointment of road overseers and to create road districts in the district of Alaska, and for other purposes. (April 27, 1904, Public No. 188, chap. 1629, 33 Stat. L., pt. 1, p. 391) ------- 5 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) — ------------ 9 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 191, chap. 1759, 33 Stat. L., pt. 1, p. 429)-.-.-. —._ - 11 VII VIII CONTENTS. Page. An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452) -------------------- 11 An act to amend an act entitled "An act to extend the coal-land laws to the district of Alaska," approved June sixth, nineteen hundred. (April 28, 1904, Public No. 204, chap. 1772, 33 Stat. L., pt. 1, p. 525) ---— __ 14 An act supplemental to and amendatory of an act entitled "An act making further provision for a civil government for Alaska, and for other purposes," approved June sixth, nineteen hundred. (April 28, 1904, Public No. 205, chap. 1773, 33 Stat. L., pt. 1, p. 526) ------- ------------- 15 An act to amend and codify the laws relating to municipal corporations in the district of Alaska. (April 28, 1904, Public No. 210, chap. 1778, 33 Stat. L., pt. 1, p. 529) -------------------------- 15 An act providing for the removal of the port of entry in the customs collection district in Alaska from Sitka, Alaska, to Juneau, Alaska. (April 28, 1904, Public No. 239. chap. 1807, 33 Stat. L., pt. 1, p. 554).. 2' An act authorizing the Union Pioneer Mining and Trading Company to construct and maintain a bridge across the Catalla Creek, in the district of Alaska. (April 28, 1904, Public No. 244, chap. 1812, 33 Stat. L., pt. 1, p. 560) -2 --- —---------------------------- Joint resolution No. 18, requesting the President of the United States to negotiate and, if possible, conclude negotiations with the GovernmnenL of Great Britain for a review and revision of the rules and regulations which now govern the taking of fur seals in the open waters of the North Pacific Ocean and Bering Sea, iand so forth. (April 8, 1904, Public resolution No. 18, 33 Stat. L., pt. 1, 1). 586) ----------- 23 Fifty-eighth Congress, third scssiol. i" An act to aid the Western Alaska Construction Company. (January 18, 1905, Public No. 10, chap. 41, 33 Stat. L., pt. 1, p. 605) -25 An act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes. (January 27, 1905, Public No. 26, chap. 277, 33 Stat. L., pt. 1, p. 616) --- — 25 An act providing for the transfer of forest reserves from the Department of the Interior to the Department of Agriculture. (February 1, 1905, Public No. 34, chap. 288, 33 Stat. L., pt. 1, p. 628) -- ------- 31 An act making appropriations for the legislative, executive. and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (February 3, 1905, Public No. 40, chap. 297, 33 Stat. L.. pt. 1, p. 631) ---------- 32 An act for the allowance of certain claims reported by the Court of Claims, and for other purposes. (February 24, '1905, Public No. 9'9, chap. 777, 33 Stat. L., pt. 1, p. 743)_ ----------------- 33 An act to establish a life-saving station at Nome, Alaska. (MIarch 1, 1905, Public No. 114, chap. 1293, 33 Stat. L., pt. 1, p. 819) --- —---- 33 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827) -------- 33 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 138, chap. 1405. 33 Stat. L., pt. 1, p. 861) ----- 33 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap: 1407, 33 Stat. L., pt. 1, p. 915) __ 34 An act to amend section forty-four hundred and fourteen of the Revised Statutes of the United States. (March 3, 1905, Public No. 188, chap. 1455, 33 Stat. L., pt. 1, p. 1026) ---__ --------------- 34 An act making appropriations for the service of the Post-Office Department for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 213, chap. 1480, 33 Stat. L., pt. 1, p. 1082) ----- --— _-__ - ----- 35 CONTENTS. Page. An act imaking appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and six. and for other purposes. ('March 3, 1905, Public No. 12114, chap. 1481, 33 Stat. L., pt. 1, p. 1092) — 30 An act making appropriations for the construction, repla ii, and lpreservation of certain I)ubliC works onl rivers and harbors, and for other piurposes. (Mlarch 3, 1905, Public No. 21.5, chap. 1482, 33 Stat. L., pt. 1, p. 1117) --- —--------------------------- 30 An act inaking appropriations for sundry civil expenses of the Governmneat for the fiscal year ending June thirtieth, nineteen huiidred and six, and for other lpurposes. (March (G, 1905. Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156) --- —--------------- 38 An act making appropriations to supply deficiencies in. the appropriations for the fiscal year ending June thirtieth, nineteen hundred aind five, and for prior years, and for other purposes. (.March 3, 1905, P~ublic No. 217, ('hap. 1484, 33 Stat. L., pt. 1, p. 1214) ---------------- 4 2 An act to amend an act entitled "An act to provide for time construction and maintenance oif roads, the establishment and. inaintenaince of schools, and the care and support of insane p~ersons in the district of Alaska,, and for other purposes.' (MaL~trch 3, 1905, Public No. 224, chap. 1491,33 Stait. L., pt. 1, p). 1262) --- —----------------- 44 An act to further l)1escrilbe time tinties of time secreta-ry of time district of Alaska, afnd for other p~urposes. (March 3, 19.05, Public Na,. 230, (halp. 1.497, 33 Stlat. L., pt. 1, p. 1265) -------------------- 4 5 ARMY AND NAVY. Fifty-eighth, Congress, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18,1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) ----- 47 An act to amend section twelve hundred and twenty-five of Revised Statutes, so as to provide for detail of retired officers of the Army and Navy to assist in military instruction in schools. (April 21, 1904, Public No. 126, chap. 1403, 33 Stat. L., pt. 1, p. 225)-___________ _ 48 An act to recognize and promote the efficiency of army chaplains. (April 21, 1904, Public No. 127, chap. 1404, 33 Stat. L., pt. 1, p. 22(;)______ 49 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (April 21, 1904, Public No. 130, chap. 1407, 33 Stat. L., pt. 1, p. 334) -— _________- 50 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) --- -------------------------------- 51 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five. and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324) ____________ _-__ -------------------------- 57 An act making appropriations to supply deficiencies in the approp)riations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) --- ---— _ ----. ---- 61 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452)-____ —__-____ --- —----------- 63 An act to require the employment of vessels of the United States for public purposes. (April 28, 1904, Public No. 198, chap. 1766, 33 Stat. L., pt. 1, p. 518) __-_________ --- —--------— _ ---- ---— _-__ --- —_ _ _ 64 Joint resolution No. 1, in relation to commuted rations for midshipmen. (December 17, 1903, Public resolution No. 1, 33 Stat. L., pt. 1, p. 581)_ 64 Fifty-eighth Congress, third session. An act to fix the rank of certain officers in the Army. (December 20, 1904, Public No. 1, chap. 20, 33 Stat. L., pt. 1, p. 595)____________ _ 65 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827)____-_- --- 65 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (March 3, 1905, Public No. 135, chap. 1402, 33 Stat. L., pt. 1, p. 845), --- —--- -- ------ 68 x CONTENTS. XI Page. An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and, six, and for other purposes. (March 3, 1905, Public No. 214, chap. 1481, 33 Stat. L., pt. 1, p. 1092) — _.__. ---. --- —--—.. -_ ----.. --- —---------—. 69 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (March 3, 1905, Public No. 215, chap. 1482, 33 Stat. L., pt. 1, p. 1117) — _ --- —--------------------- 71 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap, 1483, 33 Stat. L., pt. 1, p. 1156) --- —----------- 72 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214) -----------—. ---- 73 SPANISH TREATY CLAIMS COMMISSION. Fifty-cighth Congress, secofnd session. Page An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) ---------- 75 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending Junle thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) - ----------- 5 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452) --- — -------------- 76 Fifty-eighth Congress, third session. An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156) ---------------------- 77 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214)- 77 xii CLAIMS OTHER THAN SPANISH TREATY CLAIMS. Fifty-eighth Congrcss, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 1G0, 33 Stat. L., pt. 1, p. 15) —_________- 79 An act to amend an act approved March third, eighteen hundred and ninety-nine, entitled "An act to amend an act entitled 'An act to reimburse the governors of States and Territories for expenses incurred by them in aiding the United States to raise and organize and supply and equip the Volunteer Army of the United States in the existing war with Spain,' approved July eighth, eighteen hundred and ninety-eight," and so forth, and for other purposes. (April 27, 1904, Public No. 168, chap. 1609, 33 Stat. L., pt. 1, p. 312) --- —---- --- 80 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394)_________ --- —------- 81 Fifty-eighth Congress, third session. An act for the allowance of certain claims reported by the Court of Claims, and for other purposes. (February 24, 1905, Public No. 99, chap. 777, 33 Stat. L., pt. 1, p. 743) --------- 83 An act to extend the time within which actions for recovery of duties paid in Porto Rico may be brought in the Court of Claims under the act of April twenty-ninth, nineteen hundred and two. (March 3, 1905, Public No. 180, chap. 1447, 33 Stat. L., pt. 1, p. 1013) —_ ---___ ---- ----- 85 XIII CUBA. Fifty-eighth Congress, second se.ssion. Page. An act to carry into effect a convention between the United States and the Republic of Cuba, signed on the eleventh day of December, in the year nineteen hundred and two. (December 17, 1903, Public No. 1, chap. 1, 33 Stat. L., pt. 1, p. 3)________ --- —------------ 87 An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) --- - 88 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (MIarch 12, 1904, Public No. 48, chap. 543, 33 Stat. L., pt. 1, t p.;7) --- 88 An act to extend the exemption from head tax to citizens of Newfoundland entering the United States. (March 22, 1904. Public No. 65, chap. 749, 33 Stat. L., pt. 1, p. 144) ------------------ ------ 90 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) ----------------------------- 91 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and five. (April 23, 1904, Public No. 150, chap. 1486, 33 Stat. L., pt. 1, p. 276) ---— _ 91 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324) -______________ --- —-------------- 91 An at making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) -- ----- ------- 91 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452) _________-_ --- —----— ___ ____ 91 Fifty-eighth Congress, third session. An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 138, chap. 1405, 33 Stat. L., pt. 1, p. 861)__ --- —- 92 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap. 1407, 33 Stat. L., pt. 1, p. 915)__ 92 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156)_______ --- —------— ___ — 93 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214) --- —--- - 94 XIV HAWAII. Fifty-eighth Congress, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) ----- --- 95 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (March 12, 1904, Public No. 48, chap. 543, 33 Stat. L., pt. 1, p. 67)-. --- —-- 95 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (March 18, 1904, Public No. 57, chap. 716, 33 Stat. L.. pt. 1, p. 85) ------------ 95 An act to amend section seventy-six of an act entitled "An act to provide a government for the Territory of Hawaii." (April 8, 1904, Public No. 93, chap. 948, 33 Stat. L., pt. 1, p. 164)- 96 An act to authorize the Government of the United States to participate in celebrating the one hundredth anniversary of the exploring of the Oregon country by Captains Meriwether Lewvis and William Clarke in the years eighteen hundred and four, eighteen hundred and five, and eighteen hundred and six, and for other purposes. (April 13, 1904, Public No. 111, chap. 1253, 33 Stat. L., pt. 1, p. 175) ---------- 97 An act to ratify, approve, confirm, and amend an act duly enacted by the legislature of the Territory of Hawaii to authorize and provide for the manufacture, distribution, and supply of electric light and power on the island of Oahu. Territory of Hawaii. (April 21, 1904, Public No. 128, chap. 1405, 33 Stat. L., pt. 1, p. 227) ------- ---— 97 An act to ratify, approve, and confirm an act duly enacted by the legislature of the Territory of Hawaii, to authorize and provide for the maintenance and supply of fuel and illuminating gas and its by-products in Honolulu. (April 21, 1904, Public No. 129, chap. 1406, 33 Stat. L., pt. 1, p. 231)-___ --- —---------------------------- 103 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (April 21, 1904, Public No. 130, chap. 1407, 33 Stat. L., pt. 1, p. 234) -- --------- 106 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) _ --- —-______ --- —---------- 106 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and five. (April 23, 1904, Public No. 150, chap. 1486, 33 Stat. L., pt. 1, p. 276) ------ 107 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324) --— _ ----_... --- —---- ------ - 107 An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) ------— _ --- —-------------- 107 xv XVI CONTENTS. Page. An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904. Public No. 262, chap. 1762, 33 Stat. L., pt. 1, p. 579)____ __ _ __ __ --- —---------------- - __ 107 An act to ratify and confirm the present right of way of the Oahu Railway and Land Company through the military reservation of Kahauiki, Territory of Hawaii. (April 28, 1904, Public No. 262, chap. 1830, 33 Stat. L., pt. 1, p. 579)________ __ --- —-- ------------- 107 Fifty-eighth Congress, third session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (February 3, 1905, Public No. 40, chap. 297, 33 Stat. L., pt. 1, p. 631) -_____________ _ 108 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (March 3, 1905, Public No. 135, chap. 1402, 33 Stat. L., pt. 1, p. 845)___ ___ --- —— ____ _ 108 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 138, chap. 1405, 33 Stat. L., pt. 1, p. 861)______ _ 109 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap. 1407, 33 Stat. L., pt. 1, p. 915)___ ---- - 109 An act to provide for the investigation of leprosy, with special reference to the care and treatment of lepers in H-awaii. (March 3, 1905, Public No. 176, chap. 1443, 33 Stat. L., pt. 1, p. 1009) ---- ____ --- —---- __109 An act to amend sections fifty-six, eighty, and eighty-six of "An act to provide a government for the Territory of Hawaii," approved April thirtieth, nineteen hundred. (March 3, 1905, Public No. 198, chap. 1465, 33 Stat. L., pt. 1, p. 1035)-______ ______ --- —----------- - 110 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 214, chap. 1481, 33 Stat. L., pt. 1, p. 1092)__ 110 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (March 3, 1905, Public No. 215, chap. 1482, 33 Stat. L., pt. 1, p. 1117) -------------— __ --- --------- 111 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156)_________-_ --- —------------ 111 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214)-__ ___ _ ---- _ ----_ ---_- _ __ 112 ISTHMIAN CANAL ZONE. Fifty-eigqhth Congress, second session. Page. An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) _ _ --- —- _ -- -- — _ ___ --- —_ 113 An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394)________ __ __-________ --- —------ 113 An act to provide for the temporary government of the Canal Zone at Panama, the protection of the canal works, and for other purposes. (April 28. 1904, Public No. 190, chap. 1758, 33 Stat. L., pt. 1, p. 429)__ 114 Flifty-eightlt Congress, third session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes.' '(February 3, 1905, Public No. 40, chap. 297, 33 Stat. L., pt. 1, p. 631) --------— ____ 115 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827)__ __-___ — 115 An act fixing the status of merchandise coming into the United States from the Canal Zone, Isthmus of Panama. (March 2, 1905, Public No. 131, chap. 1311, 33 Stat. L., pt. 1, p. 843)__ __-__ --- —------ 115 An act making appropriations to supply deficiencies il the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214)- _____ _ 116 3449-07 — 2 XVIT PHILIPPINE ISLANDS. Fifty-eighth Congress, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 8, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15) -------- 117 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (March 12, 1904, Public No. 48, chap. 543, 33 Stat. L., pt. 1, p. 67)____ 118 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (March 18, 1904, Public No. 57, chap. 716, 33 Stat. L., pt. 1, p. 85) - -118 An act to authorize the Government of the United States to participate in celebrating the one hundredth anniversary of the exploration of the Oregon country by Captains Meriwether Lewis and William Clarke in the years eighteen hundred and four, eighteen hundred and five, and eighteen hundred and six, and for other purposes. (April 13, 1904, Public No. 111, chap. 1253, 33 Stat. L., pt. 1, p. 175) ---------- 118 An act to regulate shipping in trade between ports of the United States and ports or places in the Philippine Archipelago, between ports or places in the Philippine Archipelago, and for other purposes. (April 15, 1904, Public No. 114, chap. 1314, 33 Stat. L., pt. 1, p. 181) ---- 119 An act to regulate shipping in trade between ports of the United States and ports or places in the Philippine Archipelago, between ports or places in the Philippine Archipelago, and for other purposes. (April 30, 1906, Public No. 136, chap. 2071, 34 Stat. L., pt. 1, p. 154) — __ — 120 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (April 21, 1904, Public No. 130, chap. 1407, 33 Stat. L., pt. 1, p. 234) -------- -- 121 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) ------------------------------ 121 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324) ------------------------------ 122 An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) ---- --- ---- -- 122 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452)__ ---------- - ----- 123 An act to relieve obligors on bonds given to the United States upon the exportation to the Philippine Islands prior to November twentieth, nineteen hundred and one, of articles subject to internal-revenue tax. (April 28, 1904, Public No. 258, chap. 1826, 33 St.t L., pt. 1, p. 574) 12& XVIII CONTENTS. XIX Fifty-eighth Congress, third session. Page. An act to amend an act approved July first, nineteen hundred and two, entitled "An act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," and to amend an act approved March eighth, nineteen hundred and two, entitled "An act temporarily to provide revenue for the Philippine Islands, and for other purposes," and to amend an act approved March second, nineteen hundred and three, entitled "An act to establish a standard of value and to provide for a coinage system in the Philippine Islands," and to provide for the more efficient administration of civil government in the Philippine Islands, and for other purposes. (February 6, 1905, Public No. 43, chap. 453, 33 Stat. L., pt. 1, p. 689) ---- --------------------- 124 An act to amend an act approved March second, nineteen hundred and three, entitled "An act to establish a standard of value and to provide for a coinage system in the Philippine Islands." (June 23, 1906, Public No. 274, chap. 3521, 34 Stat. L., pt. 1, p. 452)-__ —___ --- — 136 An act to extend certain provisions of the Revised Statutes of the United States to the Philippine Islands. (February 6, 1905, Public No. 44. chap. 454, 33 Stat. L., pt. 1, p. 698) ___ --- —— ____ — ------ 136 An act for allowance of certain claims reported by the Court of Claims, and for other purposes. (February 24, 1905, Public No. 99, chap. 777, 33 Stat. L., pt. 1, p. 743)__ _ --- —--------— ____ --- —-- 137 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827)____ --- —----- 137 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (March 3, 1905, Public No. 135, chap. 1402, 33 Stat. L., pt. 1, p. 845) --- — ------- ------ 138 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap. 1407, 33 Stat. L., pt. 1, p. 915)_______ 138 An act to revise and amend the tariff laws of the Philippine Islands, and for other purposes. (March 3, 1905, Public No. 141, chap 1408, 33 Stat. L., pt. 1, p. 928) —_ --- —--------------------- 138 An act to amend an act entitled "An act to revise and amend the tariff laws of the Philippine Islands, and for other purposes," approved March third, nineteen hundred and five. (February 26, 1906, Public No. 27, chap. 509, 34 Stat. L., pt. 1, p. 24) _ _ --- _ __ __ --- —-- - 205 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 214, chap. 1481, 33 Stat. L., pt. 1, p. 1092)__ 208 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156) --- _ -------- --— __ --- __ 208 PORTO RICO. Fifty-eighth Congress, second session. Page. An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (March 12, 1904, Public No. 48, chap. 543, 33 Stat. L., pt. 1, p. 67)-____ 209 An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (March 18, 1904, Public No. 57, chap. 716, 33 Stat. L., pt. 1, p. 85) __ __- _ --- —-- 209 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) -_ ___ --- -— __ __ -_ — _ --- —- _ ----- 209 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and five. (April 23, 1904, Public No. 150, chap. 1486, 33 Stat. L., pt. 1, p. 276)__ --- —--- 210 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324)__ 210 An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394) --- —- 210 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452) _________-_ --- —------------- 210 Joint resolution No. 7, for the transportation of Porto Rican teachers to the United States and return, (February 12, 1904, Public resolution No. 7, 33 Stat. L., pt. 1, p. 582)_________ --- —-------------- - 211 Fifty-eighth Congress, third session. An act making appropriations for the legislative, executive, and judicial expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (February 3, 1905, Public No. 40, chap. 297, 33 Stat. L., pt. 1, p. 631) ______ --- —---- 212 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827) ___ --- —----- 212 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 138, chap. 1405, 33 Stat. L., pt. 1, p. 861)___ --- —-- 212 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap. 1407, 33 Stat. L., pt. 1, p. 915) __ 212 An act to extend the time within which actions for the recovery of duties paid in Porto Rico may be brought in the Court of Claims under the act of April twenty-ninth, nineteen hundred and two. (March 3, 1905, Public No. 180, chap. 1447, 33 Stat, L., pt, 1, p. 1013) --— 212 xx CONTENTS. XXI Page. An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 214, chap. 1481, 33 Stat. L., pt. 1, p. 1092)-__ 212 An act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes. (March 3, 1905, Public No. 215, chap. 1482, 33 Stat. L., pt. 1, p. 1117) _ ------------------------ 213 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156) — __ ------- — __ ________-__ 213 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214) -------...__-________ 214 An act for the relief of Adolph Spiegel, as the successor of the firm of Spiegel, Finkelstein and Complany. (March 3, 1905, Private No. 1338, chap. 1576, 33 Stat. L., pt. 2, p. 2021) ----- ---------— _ 214 — _. LEGISLATION APPLICABLE TO NONCONTIGUOUS TERRITORY OF THE UNITED STATES AND TO CUBA. Fifty-eiglith Congress, second session. Page. An act making appropriations to supply urgent deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (February 18, 1904, Public No. 22, chap. 160, 33 Stat. L., pt. 1, p. 15)____ --- —-— __- 215 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and five. (March 12, 1904, Public No. 48. chap. 543, 33 Stat. L., pt. 1, p. 67) --- —__- 215 An act to authorize the Government of the United States to participate in celebrating the one hundredth anniversary of the exploration of the Oregon country by Captains Meriwether Lewis and William Clark in the years eighteen hundred and four, eighteen hundred and five. and eighteen hundred and six, and for other purposes. (April 13, 1904, Public No. 111, chap. 1253, 33 Stat. L., pt. 1, p. 175) —___-___ ---____ — _ 215 An act to amend section twelve hundred and twenty-five of Revised Statutes, so as to provide for detail of retired officers of the Army and Navy to assist in military instruction in schools. (April 21, 1904, Public No. 126, chap. 1403, 33 Stat. L., pt. 1, p. 225) ___ ____ --- —------- - 217 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service. and for other purposes. (April 21, 1904, Public No. 130, chap. 1407, 33 Stat. L., pt. 1, p. 234)____ _ - — __- 217 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 23, 1904, Public No. 149, chap. 1485, 33 Stat. L., pt. 1, p. 259) ___-_ --- —------------------------- 217 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and five. (April 23, 1904, Public No. 150, chap. 1486, 33 Stat. L., pt. 1, p. 276) --- —— _- 217 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 27, 1904, Public No. 181, chap. 1622, 33 Stat. L., pt. 1, p. 324)__ 218 An act making appropriations to supply deficiencies in the appropriation for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for other purposes. (April 27, 1904, Public No. 189, chap. 1630, 33 Stat. L., pt. 1, p. 394)___ ----_________- --- 218 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and five, and for other purposes. (April 28, 1904, Public No. 194, chap. 1762, 33 Stat. L., pt. 1, p. 452) ----------— _ --- - - - 219 Fifty-eighth Congress, third session. An act to amend the act of February eighth, eighteen hundred and ninetyseven, entitled "An act to prevent the carrying of obscene literature and articles designed for indecent and immoral use from one State or Territory into another State or Territory," so as to prevent the importation and exportation of the same. (February 8, 1905, Public No. 52, chap. 550, 33 Stat, L., pt. 1, p. 705) ---------- -------------- - 222 XXII CONTENTS. XXIII Page. An act to prevent the use of devices calculated to convey the impression that the United States Government certifies to the quality of gold or silver used in the arts. (February 21, 1905, Public No. 86, chap. 720, 33 Stat. L., pt. 1, p. 732) ------------------------ 223 An act making appropriation for the support of the Army for the fiscal year ending June thirtieth, nineteen hundred and six. (March 2, 1905, Public No. 127, chap. 1307, 33 Stat. L., pt. 1, p. 827) ------ 224 An act making appropriations for fortifications and other works of defense, for the armament thereof, for the procurement of heavy ordnance for trial and service, and for other purposes. (March 3, 1905, Public No. 135, chap. 1402, 33 Stat. L., pt. 1, p. 845) -------—. ---- 224 An act making appropriations for the Department of Agriculture for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 138, chap. 1405, 33 Stat. L., pt. 1, p. 861)-_ --- 224 An act making appropriations for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six. (March 3, 1905, Public No. 140, chap. 1407, 33 Stat. L., pt. 1, p. 915) --- — 225 An act making appropriations for the naval service for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 214; chap. 1481, 33 Stat. L., pt. 1, p. 1092)__ 226 An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred and six, and for other purposes. (March 3, 1905, Public No. 216, chap. 1483, 33 Stat. L., pt. 1, p. 1156) --- __-. ---- ----------- 226 An act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and five, and for prior years, and for other purposes. (March 3, 1905, Public No. 217, chap. 1484, 33 Stat. L., pt. 1, p. 1214) -------------- 228 TREATIES AND CONVENTIONS. Page. Supplementary convention between the United States and Cuba extending the time within which may be exchanged the ratifications of the commercial convention signed on December 11, 1902. Signed at Washington January 26, 1903; ratification advised by the Senate February 16, 1903; ratified by the President March 30, 1903; ratified by Cuba March 30, 1903; ratifications exchanged at Washington March 31, 1903; proclaimed December 17, 1903. (33 Stat. L.. pt. 2, p. 2145)-______- 229 Postal convention between the United States of America and the Republic of Cuba. (June 16, 1903, 33 Stat. L., pt. 2, p. 2186) ---____-_ 231 Protocol modifying the postal convention between the United States of America and the Republic ofCuba signed on the 16th of June, 19.03. (Sept. 9, 1903,. Stat. L., pt. 2, p. 2192) --— ____________________239 Convention between the United States and the Republic of Panama for the construction of a ship canal to connect the waters of the Atlantic and Pacific oceans. Signed at Washington November 18, 1903; ratification advised by the Senate February 23, 1904; ratified by the President February 25, 1904; ratified by Panama December 2, 1903; ratifications exchanged at Washington February 26, 1904; proclaimed February 26, 1904. (33 Stat. L., pt. 2, p. 2234) —_________ -____.__-____ _____ 244 Treaty between the United States and Cuba embodying the provisions defining the future relations of the United States with Cuba contained in the act of Congress approved March 2, 1901; making appropriations for the Army. Signed at Habana May 22, 1903; ratification advised by the Senate March 22, 1904; ratified by the President June 25, 1904; ratified by Cuba June 20, 1904; ratifications exchanged at Washington July 1, 1904; proclaimed July 2, 1904. (33 Stat. L., pt. 2, p. 2248) —__ 254 Supplementary convention between the United States and Cuba extending the period within which may be exchanged the ratifications of the treaty of May 22, 1903, between the United States and Cuba, embodying the provisions defining their future relations. Signed at Washington January 20, 1904; ratification advised by the Senate January 27, 1904; ratified by the President June 25, 1904; ratified by Cuba June 20, 1904; ratifications exchanged at Washington July 1, 1904; proclaimed July 2, 1904. (33 Stat. L., pt. 2, p. 2261)-_______ --- —-------- 262 Treaty between the United States and Cuba for the mutual extradition of fugitives from justice. Signed at Washington April 6, 1904; ratification advised by the Senate April 26, 1904; ratified by the President January 24, 1905; ratified by Cuba January 16, 1905; ratifications exchanged at Washington January 31, 1905; proclaimed February 8, 1905. (33 Stat. L., pt. 2, p. 2265) ________ --- —---------- ___ 264 Protocol amending Spanish text of Cuban extradition treaty signed April 6, 1904. Signed at Washington December 6, 1904; ratification advised by the Senate December 15, 1904; ratified by the President January 24, 1905; ratified by Cuba January 16, 1905; ratifications exchanged at Washington January 31, 1905; proclaimed February 8, 1905. (33 Stat. L., pt. 2, p. 2273) ----------------------------- - 275 XXIV PROCLAMATIONS BY THE PRESIDENT. Page.* Reserving public lands in Porto Rico for naval purposes. (No. 4, June 26, 1903, 33 Stat. L., pt. 2, p. 2314) --------------------- 279 Reserving public lands in Porto Rico for public uses. (No. 5, June 30, 1903, 33 Stat. L., pt. 2, p. 2315) ------------------ 281 Convening extraordinary session of Congress for the purpose of considering and determining whether the approval of the commercial convention between the United States and the Republic of Cuba, signed at Havana on December 11, 1902, shall be given. (No. 8, October 20, 1903, 33 Stat. L., pt. 2, p. 2319) -------------------------- 283 Extending copyright benefits to citizens of Cuba. (No. 12, November 17, 1903, 33 Stat. L., pt. 2, p. 2324) --- -------------------- 284 Assuming control of Hawaii light-house establishment. (No. 15, December 28, 1903, 33 Stat. L., pt. 2, p. 2329) ---------- ------ 285 xxv DECISIONS OF THE SUPREME COURT. LEADING CASES, WITH STATEMENTS AND SYLLABI, WHICH AROSE IN OR RELATE TO THE INSULAR AND ISTHMIAN POSSESSIONS OF TIlE UNITED STATES, AND CUBA, HEARD AND DECIDED IN TIlE SUPREME COURT OF THE UNITED STATES BETWEEN JANUARY 1, 1898, AND DECEMBER 3, 1906. Page. In re Vidal. Jose Juan Vidal et al. Application for leave to file a petition for a writ of certiorari. (179 U. S., 126) _ __ --- —--------- 289 Charles F. W. Neely, appellant, v. Wm. Henkel, United States Marshal, etc., appellee (No. 1). Appeal' from the circuit court of the United States for the southern district of New York. (180 U. S., 109) — __-_ 289 Charles F. W. Neely, appellant, v. Wm. Henkel, United States Marshal, etc., appellee (No. 2). Appeal from the circuit court of the United States for the southern district of New York.. (180 U. S., 120)_ --- —- 290 Elias S. A. De Lima, Elias A. De Lima, and Edward De Lima, composing the firm of D. A. De Lima & Co., plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error. Error to the circuit court of the United States for the southern district of New York. (182 U. S., 1) -— __-__ --- —___ --- _ __ _ 291 No. 340. John H. Goetze, doing business under the firm name of John H. Goetze & Company, appellant, v. The United States. No. 515. George W. Crossman and Herman Sielcken, composing the firm of W. H. Crossman & Bro., appellant, v. The United States. Appeal from the circuit court of the United States for the southern district of New York. (182 U. S., 221) - ______ — ____-___ — _ -------- - 292 Henry W. Dooley et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States. Error to the circuit court of the United States for the southern district of New York. (182 U. S., 222)_ 293 Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error. Error to the circuit court of the United States for the southern district of New York. (182 U. S., 244)_ 293 Carlos Armstrong, a British subject, a merchant carrying on business between Porto Rico and the United States, appellant, v. The United States. Appeal from the Court of Claims. (182 U. S., 243)-_____ --- —-- 296 Fourteen diamond rings, Emil Pepke, claimant, v. The United States. Error in the district court of the United States for the northern district of Illinois. (183 U. S., 176)_______ ___ --- —--------- 296 Henry W. Dooley et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Company, plaintiffs in error, v. The United States. Error to the circuit court of the United States for the southern district of New York. (183 U. S., 151) --------------— _ 297 Territory of Hawaii, appellant, v. Osaki Mankichi, appellee. Appeal from the district court of the United States for the Territory of Hawaii. (190 U. S., 197) --- —------------------------- 298 Czarnikow, MacDougall & Company (Ltd.), plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error. In error to the circuit court of the United States for the southern district of New York. (191 U. S., 559).. --- —,-..- 298 XXVI CONTENTS. XXVII Page. Warner, Barnes & Company (Ltd.), plaintiffs in error, v. Nevada N. Stranahan, collector of customs of the port of New York, defendant in error. In error to the circuit court of the United States for the southern district of NeW York. (191 U. S., 560) ------ ------------ 299 Isabella Gonzales, appellant, v. Wm. Williams, U. S. Commissioner of Immigration at the port of New York, appellee. Appeal from the circuit court of the United States for the southern district of New York. (192 U. S., 1)___________ _ ----------------------- 299 J. Ribas y Hijo, a Spanish corporation doing business in the island of Porto Rico, appellants, v. The United States. Appeal from the district court of the United States for the district of Porto Rico. (194 U. S., 315) _____ --- —----------— ________ --- —-- - 300 Harold Crowley, plaintiff in error, v. The United States. Error to the district court of the United States for the district of Porto Rico. (194 IU. S., 461) _________-_ --- —----------- 301 Thomas E. Kepner, plaintiff in error, v. The United States. Error to the supreme court of the Philippine Islands. (195 U. S., 100)-____-_ _ 302 Fred L. Dorr, plaintiff in error, v. The United States. Error to tle supreme court of the Philippine Islands. (195 U. S., 138)___ --- —-- ----- _303 Secundino Mendezona y Mendezona, plaintiff in error, v. The United States. Error to the supreme court of the Philippine Islands. (195 U. S., 158) ------------- --------------- 304 Ricardo Amado, plaintiff in error, v. The United States. Error to the district court of the United States for the 'district of Porto Rico. (195 U. S., 172) _______________ --- —---- ------— _ 304 Frederick W. Lincoln et al., trading under the firm name of Henry W. Peabody & Co., plaintiffs in error, v. The United States. (No. 149.) In error to the Supreme Court of the United States for the southern district of New York —__- __-__ --- —--------------- - 305 Warner, Barnes & Co. (Limited), appellant, v. The United States. (No. 466.) Appeal from the Court of Claims. (197 U. S., 419; also, 202 U. S., 484) _-__ --- —-_ --- —--------- 305 Rafael and Euripides Rodriguez, plaintiffs in error, v. The United States. Error to the district court of the United States for the district of Porto Rico. (198 U. S., 156)_______ _ ------------— _ ----— _ __ 306 Valentin Trono et al., plaintiffs in error, v. The United States. Error to the supreme court of the Philippine Islands. (199 U. S., 521)_ --- —. 307 The United States, appellant, v. The American Sugar Refining Company, appellee. Appeal from the circuit court of the United States for the southern district of New York. (202 U. S., 563) ____-_ --- —---- 308 Franklin Sugar Refining Company, appellants, v. The United States. Appeal from the circuit court of the United States for the eastern district of Pennsylvania. (202 U. S., 580)____ __ _ --- —-— ____ _ — - - 308 Francisco Dones, appellant, v. Jose Urrutia, warden of the penitentiary of Porto Rico, appellee. Appeal from the supreme court of Porto Rico. (202 U. S., 614)-_________ --- —---------------- 309 Fred C. Fisher and Charles C. Cohn, on behalf of Felix Barcelon, plaintiffs in error, v. Col. David J. Baker, jr., and Capt. John Doe Thompson. Error to the supreme court of the Philippine Islands. (203 U. S., 174)__ 310 09 ACTS OF CONGRESS, TREATIES, AND PROCLAMATIONS RELATING TO NONCONTIGUOUS TERRITORY AND CUBA AND INSULAR AND MILITARY AFFAIRS. ALASKA. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [II. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Pu bl i c, No. other purposes. 22.] 33 Stats. L., Be it enacted by the Senate and House of Representa- P P tives of the United States of America in Congress assembled, That the following sums be, and the same are Urgent deficiencies approhereby, appropriated out of any money in the Treasury priations. not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * * DEPARTMENT OF STATE. To enable the Secretary of State to mark the boundary, boAnd k a n and make the surveys incidental thereto, between the Territory of Alaska and the Dominion of Canada in conformity with the award of the Alaskan Boundary Tribunal and existing treaties, one hundred thousand dollars, to remain available until the close of the fiscal year nineteen hundred and five. * * * * * TREASURY DEPARTMENT. * * * * * SUPPLIES FURNISHED DESTITUTE NATIVES OF ALASKA Alas ka ExDURING AN EPIDEMIC IN NINETEEN HUNDRED: To pay p a n y and amounts found due by the accounting officers of the Treas- Payment to, ury under the provisions of the deficiency Act of March for s u pplIes third, nineteen hundred and three, on account of supplies t i t u t e Alasfurnished to destitute natives of Alaska during an epi-kans. I 2 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. demic in the year nineteen hundred, as follows: Alaska Exploration Company, San Francisco, California, thirtythree dollars; Xlaska Commercial Company, San Fransisco, California, twenty-five thousand three hundred and.twenty-eight dollars and fifteen cents; North American Transportation and Trading Company, Seattle, Washington, one thousand five hundred and fifty-two dollars and twenty-five cents; in all, twenty-six thousand nine hundred and thirteen dollars and forty cents. * * * * MILITARY ESTABLISHMENT. UNDER THE CHIEF SIGNAL OFFICER. (Military telegraph. lines. See p. 47.) * * *. * * DEPARTMENT OF THE INTERIOR. * * * * PUBLIC LANDS SERVICE. * * * * * To pay amounts found due by the accounting officers of the Treasury on account of the appropriation " Contingent expenses, office of surveyor-general of Alaska,". for the fiscal year nineteen hundred and three, two dollars and eight cents. * * * * * F r a n k 1 i n To pay the salary due Franklin Moses as register of the Moses. Payment to. land office at Saint Michael, Alaska, from May thirty-first to July seventh, one hundred and fifty-two dollars and thirteen cents. GEOLOGICAL SURVEY. * * * * * Mineral re- For continuation of the investigation of the mineral soures resources of Alaska, to continue available until close of fiscal year nineteen hundred and five, eighty thousand dollars. * * * * * DEPARTMENT OF COMMERCE AND LABOR. * * * * Protection of PROTECTION OF SALMON FISHERIES OF ALASKA: TO pay salmon fisher-amounts found due by tho Auditor for State and other Departments on account of the appropriation for " Pro ALASKA. 3 tection of salmon fisheries of Alaska " for the fiscal year nineteen hundred and three, one hundred and twenty dollars and seventy-five cents. * * * * * CHAP. 543.-An Act Making appropriations for the diplo- Mar. 12, 1904. matic and consular service for the fiscal year ending June thir- [H. R. 11287.] tieth, nineteen hundred and five. [Public, No. (Relief and protection of American seamen. See p. 33 Stats. L., 215.) pt. 1, p. 67. CHAP. 716.-An Act Making appropriations for the legislative, Mar. 18, 1904. executive, and judicial expenses of the Government for the fiscal [H. R. 9480.] year ending June thirtieth, nineteen hundred and five, and for [Public, No. other purposes. 57.] 33 Stats. L., Be it enacted by the Senate and House of Representatices of the United States of America in Congress assembled, That the following sums be, and the same are Legislative, executive, and hereby, appropriated, out of any money in the Treasury judicial appronot otherwise appropriated, in full compensation for the priations. service of the fiscal year ending June thirtieth, nineteen hundred and five, for the objects hereinafter expressed, namely: * *::* * GOVERNMENT IN * * * THE DISTRICT OF ALASKA. DISTRICT OF ALASKA: For Governor, five thousand dollars; three judges, at five thousanddollars each; three attorneys, at three thousand dollars each; three marshals, at four thousand dollars each; three clerks, at three thousand five hundred dollars each; in all, fifty-one thousand five hundred dollars. For incidental and contingent expenses of the District, clerk hire, stationery, lights, and fuel, to be expended under the direction of the governor, two thousand dollars. * * * * DEPARTMENT OF THE INTERIOR. * * * SURVEYORS-GENERAL AND THEIR CLERKS. For surveyor-general and ex officio secretary of the district of Alaska, four thousand dollars; clerks in his office, four thousand dollars; in all, eight thousand dollars. 4 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. For rent of office for surveyor-general, pay of messenger, stationery, printing, binding, drafting instruments, books of reference for office use, furniture, fuel, lights, laundry, and other incidental expenses, one thousand five hundred dollars. * * * * * Apr. 9, 1904. CHAP. 1135.-An Act For the relief of the Western Alaska [H. R. 13740.] Construction Company's Railroad. [Public, No. 95.1 Be it enacted by the Senate and House of Representapt33 tats. L., tives of the United States of America in Congress asWestern Al- sembled, That the time of the Western Alaska Construction Company. tion Company to comply with the provisions of sections ten mre x- four and five of chapter two hundred and ninety-nine of pleting r a i l- the laws of the United States entitled "An Act extending road. the homestead laws and providing for the right of way for railroads in the district of Alaska, and for other purposes," approved May fourteenth, eighteen hundred and ninety-eight, in acquiring and completing its railroad now under construction in Alaska, is hereby extended as follows: F iling of First. The time to file the map and profile of definite map. location of its first section of at least twenty miles with the register of the land office in the district of Alaska, as provided in said sections four and five, is hereby extended to and including the thirty-first of December, nineteen hundred and four. Completi on Second. The time to complete the first section of at least of irst section. twenty miles of its railroad, as provided in said section five, is hereby extended to and including within one year after the filing and approval of the definite location of said section of said railroad as in said chapter and by this Act it is provided; and such railroad company shall be entitled to all the benefits conferred upon it by the provisions of such Act upon its due compliance with all the, provisions thereof, excepting only the provisions thereof relating to the filing of the map and profile of definite location of its first section of not less than twenty miles of its road within twelve months after filing with the Secretary of the Interior a preliminary actual survey and plat of its proposed route, as prescribed in said sections four and five of said Act, and the provisions thereof relating to the completion of the said first section of its road within one year, as originally provided in section Proviso. five of said Act: Provided, That such railroad company for filing mp shall file with the proper register of the land office for the of first section. district of Alaska a map and profile of the first section of Time of con- its road of at least twenty miles on or before December struction. thirty-first, nineteen hundred and four, and shall comrn ALASKA. 5 plete such section of its said road within one year after such definite location has been approved by the Secretary of the Interior, as provided in said section five of said Act. CHAP. 1253.-An Act To authorize the Government of the Apr. 13, 1904. United States to participate in celebrating the one hundredth an- [. 276.1 niversary of the exploration of the Oregon country by Captains [Public, No. Meriwether Lewis and William Clark in the years eighteen hun- 111.] dred and four, eighteen hundred and five, and eighteen hundred pt31 Spta. 15. and six, and for other purposes. (Alaska exhibit. See pp. 216, 217.) CHAP. 1485.-An Act Making appropriation for the support of Apr. 23, 1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670.] dred and five, and for other purposes. [Public, No. 149.] (Alaska Military Cable; Retired enlisted men, allow- pt 1, Sa 259.L ance for service in Alaska; Increase pay for enlisted men serving in Alaska; Roads and military trails in Alaska. See pp. 51-57.) CHAP. 1486.-An Act Making appropriations for the Depart- Apr. 23, 1904. ment of Agriculture for the fiscal year ending June thirtieth, [H. R. 11825.1 nineteen hundred and five. [Public, No. 150.] 33 Stats. L., (Agricultural experiment stations in Alaska. See p. pt. 1, p. 276. 218.) CHAP. 1622.-An Act Making appropriations for the naval Apr. 27, 1904. service for the fiscal year ending June thirtieth, nineteen hun- [H. R. 1220.] dred and five, and for other purposes. [Public, No. 181.] 33 Stats. L., (Repairs of barracks, Marine Corps, Sitka. See p. 61.) pt. 1, p. 324. CHAP. 1629.-An Act To authorize the appointment of road Apr. 27, 1904. overseers and to create road districts in the district of Alaska, and [H. R. 13014.] for other purposes. [Public, No. 188.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 391. tives of the United States of America in Congress assembled, That it shall be the duty of the commissioner in Appointment of road overeach precinct in the district of Alaska, on the first Mon- seers, etc., auday in the month of April in each year, to appoint athorlzed. road overseer for the precinct in which he resides, and create a road district in the inhabited part of said precinct, which said district shall not include incorporated cities and towns. To fill all vacancies in the office of road overseer in his Vacancies. precinct. To cause a record to be made defining the boundaries of r e c o r d od said road district. ries. 3449-07- 3 6 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. R o a d over-TERM OF OFFICE AND QUALIFICATION OF ROAD OVERSEERS. seers. Term. All road overseers shall hold office for one year and until their successors are appointed and qualified. Residence. Every person appointed to the office of road overseer of any road district shall reside in the road district to which lie has been appointed, and shall, within thirty days after he shall have been notified of his appointment, take and Oath. subscribe to an oath of office obligating himself to the faithful performance of the duties of his office, and shall forthwith cause such oath to be filed in the office of the commissioner of his precinct, and in case any such road overseer shall become nonresident of his road district, his office shall at once become vacant. Bond. Each road overseer shall, before entering upon the duties of his office, execute a bond to the United States in a sum not less than double the amount of money which will probably come into his hands at any time during his term of office, with two or more sureties, the amount and sufficiency of the bond to be approved by the commissioner of the precinct, conditioned for the faithful discharge of the duties of his office, which bond shall be by him forthwith filed in the office of the commissioner and ex officio recorder. The approval of such bond shall be indorsed thereon by the commissioner. DUTIES OF ROAD OVERSEER. Duties. The duties of road overseer shall be such as may be prescribed by law. Accounts. Each road overseer shall keep an accurate account of all money received by virtue of his office and the manner in which the same has been disbursed, and to whom, and shall, on the last Saturday of March in each year, exhibit such account, together with his vouchers, to the commissioner for adjustment and settlement. Such account shall be in writing, verified by affidavit of the overseer that the same is in all respects a full and true account of all money received by him during the full term for which he should make settlement and the amounts expended and the manner in which they were expended. Refusal to If any person appointed to the office of road overseer, serve. unless unable from disease or other infirmity to discharge the duties of such office, shall refuse or neglect to serve Penalty. therein, he shall be liable to a fine of twenty-five dollars; but no person so appointed who shall have served for a term next preceding such appointment shall be liable to Notice of re-such fine for refusing to serve if he shall have given fusal. notice in writing of refusal to the commissioner within twenty days after having been notified of his appointment. Refusal to Every road overseer who shall, after the expiration of deliver funds, i i records, etc. his term of office, neglect or refuse to deliver on demand to his successor in office, after such successor shall have ALASKA. 7 been duly qualified according to law, all moneys, records, books, papers, or other property appertaining to such office shall be liable to a fine of not less than fifty nor Penalty. more than five hundred dollars. Road overseers of the different precincts are authorized, Two d a ys' work on roads, and it is made their duty, to warn out all male personsetc., required of between eighteen and fifty years of age who have resided male residents. thirty days in the district of Alaska, who are capable of performing labor on roads or trails, and who are not a precinct charge, to perform two days' work of eight hours each in locating, constructing, or repairing public roads or trails, under the direction of the road overseer within whose precinct they may respectively reside, or furnish a substitute to do the same, or pay the sum of four dollars Substitute. per day for two days' labor, and said road overseer shall lieonot rlin receipt for the same and shall expend it in location, construction, or repairs on the public roads and trails within his precinct; and any moneys so received and not expended shall be paid over to his successor in office, who shall expend the same as above provided. The overseer of roads and trails in each precinct shall Notice. give notice to persons residing in his precinct liable to or charged with a road or trail tax of the time and place and the kind of work expected to be performed on the road or trail, and may direct wlhat implements such persons shall bring with which to perform such work. Whenever it shall happen, in consequence of sickness Failure to work on acor absence from home, or anv other cause, that the two count of sickdays' work aforesaid shall not be performed within theness. etc. time specified in this Act, the overseer shall be authorized to require the performance of such work at any time prior to the first day of October then next ensuing; and in case any person shall neglect or refuse to do the two days' work, or furnish a substitute, or pay in monev the price of two days' labor, as provided in this Act, he shall be deemed guilty of a misdemeanor and shall be fined in Penaltythe sum of ten dollars for each day refusing so to work upon conviction before any justice of the peace of the precinct. If any person shall appear at the proper time and place Refusal to as directed by the overseer and neglect or refuse to do a reasonable day's work according to his ability, he shall be liable the same as if he had neglected or refused to appear, or furnish a substitute, or pay the sum of money as provided herein. Under the direction of the overseer, and at his discre- Tax paid by tion, the above road tax may be performed by one day's condition. work, together with an able-bodied man, a two-horse team with wagon, or a dog team consisting of not less than five dogs and a sleigh, or a reindeer team of not less than two reindeer and sleigh or cart. It shall be the duty of each road overseer to receipt to Receipt. each person who performs labor on the public roads and trails of his precinct under the provisions of this Act for 8 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the amount of labor so performed, and no person shall be pDouble t a compelled to pay road tax except in one precinct in the district of Alaska during one calendar year. Annual re- Each road overseer shall, on or before the first day of April in each year, report to the commissioner of the precinct the names of all persons subject to the two days' road tax for the preceding year, the names of those who have worked out said tax, the names of those who have paid the said tax in money, and the names of those delinquent, and also all moneys received by him from all sources, and how expended, and the account of said road overseer of the work performed by himself, which report shall be approved by said commissioner before any final settlement shall be made with such road overseer. Failure of Each and every road overseer who shall neglect or reoverseers to perform duties. fuse to perform the several duties enjoined upon him by this Act, or who shall, under any pretense whatsoever, give or sign a receipt or certificate for labor performed or money paid, unless the labor shall have been performed or money paid prior to the signing or giving of such receipts or certificates, shall forfeit for every such offense not Penalty. less than five nor more than fifty dollars, to be recovered by an action before any justice of the peace within the precinct where such overseer may reside, and it is hereby made the duty of every United States attorney or assistProsecution. ant to prosecute all offenses against the provisions of this Act not otherwise provided for. Per diem, PER DIEM. overseers. Road overseers shall be allowed four dollars per day for all services required by this Act and actually performed in their respective precincts, to be retained out of money paid said road overseers from persons paying money or fines in lieu of two days' labor, upon the certified statement of the overseers, approved by the commisProviso. sioner of the precinct: Provided, That no overseer shall Maximum. Returns. receive pay for more than ten days in any one year, and not until he has made the return as provided in the preceding section, in duplicate, one copy to be retained by the commissioner and one copy filed with the clerk of the district court in the division in which the said precinct is situated. beath. etc. to Any oath required to be taken by said overseer, acknowledgment of bond, or the filing or recording of any paper or plat authorized by this Act shall be free of cost to said overseer. coClerk of u Upon application of road overseers it shall be the duty c o u r t to fur- I n s h bl a nk of the clerk of the district court to furnish copies of this forms, etc. Act and blank forms of notices warning persons to perform road work, receipts for road work, bond, and oath, and for overseer's report to commissioner, the expense of which shall be paid out of the fund for paying the incidental expenses of the court. ALASKA. 9 The Attorney-General of the United States is hereby ero ptes of directed to furnish clerks of the district court in the dif- use of overferent judicial divisions of Alaska a sufficient number of seers. copies of this Act and other road and trail laws that may now be upon the statutes relating to roads and trails in the district of Alaska for use of road overseers in each judicial division. CHAP. 1630.-An Act Making appropriations to supply def- Apr. 27, 1904. ciencies in the appropriations for the fiscal year ending June thir- [H. R. 15054.] tieth, nineteen hundred and four, and for prior years, and for other [Public, No. purposes. 189.] 33 Stats. L., pt. 1, p. 394. Be it enacted by? the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, Defcpieancle appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: TREASURY DEPARTMENT. * * * * * PUBLIC BUILDIN GS. Repairs and For repairs and preservation of public buildings: Re- preservation. pairs and preservation of custom-houses, court-houses, and post-offices, and quarantine stations, buildings and wharf at Sitka, Alaska, and the other public buildings and the grounds thereof under the control of the Treasury Department, exclusive of marine hospitals. fifty thousand dollars: * * DEPARTMENT OF THE INTERIOR. PUBLIC LANDS SERVICE. To pay amounts found due by the accounting officers Surveyorsof the Treasury on account of the appropriation " Con- general. tingent expenses, office of surveyor-general of Alaska," for the fiscal year nineteen hundred and three, one dollar and twenty cents. PAYMENT TO JAMES DEITRICK: For payment to James James DeltDeitrick for rent of land office at Peavy, Alaska, and for rCkPayment to. supplies furnished to R. C. Nichols, receiver of public 10 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. moneys, for use of said land office, and for freight and drayage paid on land-office furniture and supplies from Saint Michael to Peavy, Alaska, as per account rendered and certified to by R. C. Nichols, late receiver, and set forth on page twenty-five, House Document Numbered Six hundred and fifty-two of this session, one thousand six hundred and twenty-three dollars and thirty-two cents. * * * * * INDIAN AFFAIRS. * * * * * Alaska Indi- The expenditure of four thousand nine hundred and anansporting sixty-five dollars and twenty cents by the superintendent pupils to Car- of the industrial school at Carlisle, Pennsylvania, for school.' *'transportation and expense of securing Indian youths from Alaska to said school at Carlisle, Pennsylvania, for the current fiscal year is hereby authorized to be paid from the appropriation for transportation of Indian pupils for said year. Transporting Three thousand five hundred dollars by the superinpupils to Salem, oreg., tendent of the Indian industrial school at Chemawa school. (Salem, Oregon) for transportation and expense of securing Indian youths from Alaska to said school at Chemawa, Oregon, for the current fiscal year is hereby authorized to be paid from the appropriation for transportation of Indian pupils for said year. DEPARTMENT OF JUSTICE. a * * * * Miscellane- MISCELLANEOUS, DEPARTMENT OF JUSTICE. ous. To pay amounts found due by the accounting officers eling expenses. of the Treasury on account of the appropriation " Travelling expenses, Territory of Alaska," for the fiscal year nineteen hundred and two, one hundred and eleven dollars and seventy-four cents. * * * * * LEGISLATIVE. SENATE. * * * * * J o h n F. To pay John F. Hayes, for services in reporting and Hayes. Payment to. transcribing testimony taken by the subcommittee of the Committee on Territories in the inquiry relative to Alaska, under Senate resolution of March nineteenth, nineteen hundred and three, and indexing said testimony and the report, five hundred dollars. * 5 * * *. SEC. 5. (Chinese exclusion laws reenacted. See p. 219.) ALASKA. 11 CHAP. 1759.-An Act Making appropriations for the service of Apr. 28, 1904. the Post-Office Department for the fiscal year ending June thir- [H. R. 13521.] tieth, nineteen hundred and five, and for other purposes. [Public, No. 191.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 429. tives of the United States of America in Congress assembled, That the following sums be, and they are hereby, cePtaropervappropriated for the service of the Post-Office Depart- tions. ment, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: * * * * * OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. INLAND MAIL TRANSPORTATION: * * *: Provided, Pro iso. Alaska servThat out of this appropriation the Postmaster-General is ice. althorized to provide difficult or-emergency mail service in Alaska, including the establishment and equipment of relay stations, in such manner as he may think advisable, without advertising therefor. * * * * * CHAP. 1762.-An Act Making appropriations for sundry civil Apr. 28, 1904. expenses of the Governlent for the fiscal year ending June thir- [I. R. 14416.] tieth, nineteen hundred and five, and for other purposes. [Public, No. 194.1 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 452. tives of the United States of America in Congress assembled, That the following sums be, and the same are Sundry civil hereby, appropriated, for the objects hereinafter ex- propriations. pressed, for the fiscal year ending June thirtieth, nineteen hundred and five, namely:. UNDER THE TREASURY DEPARTMENT. PUBLIC BUILDINGS. * * * * * For repairs and preservation of public buildings: Re- Repairs and pairs and preservation of custom-houses, court-houses, and post-offices, and quarantine stations, buildings and wharf at Sitka, Alaska, and the other public buildings and the grounds thereof under the control of the Treasury Department, exclusive of marine hospitals, four hundred and fifty thousand dollars. * * * * * * * * REVENUE-CUTTER SERVICE. For expenses of the Revenue-Cutter Service: * * * e sher for protection of the seal fisheries in Bering Sea and the other waters of Alaska, and the interest of the Govern 12 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ment on the seal islands and the sea-otter hunting grounds, and the enforcement of the provisions of law in Alaska. * * * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * * COAST AND GEODETIC SURVEY. (For field expenses, surveys, Alaska. See p. 220.) * * * * BUREAU OF FISHERIES. * *, *_ *_ * Salmon fish- For the protection of the salmon fisheries of Alaska, eres, Alaska. including salaries of one agent, at two thousand five hundollars, and one assistant agent, at two thousand dollars, to be appointed by the President, by and with the advice and consent of the Senate, and to be in lieu of any and all Agents. agents or inspectors now authorized by law for this purpose, seven thousand dollars. MISCELLANEOUS OBJECTS, DEPARTMENT OF COMMERCE AND LABOR. Alaskan seal ALASKAN SEAL FISHERIES: For salaries and traveling fisheries. Agents' sal- expenses of agents at seal fisheries in Alaska, as follows: aries, etc. For one agent, three thousand six hundred and fifty dollars; one assistant agent, two thousand nine hundred and twenty dollars; two assistant agents, at two thousand one hundred and ninety dollars each; necessary traveling expenses of agents actually incurred in going to and returning from Alaska, not to exceed five hundred dollars each per annum; in all, twelve thousand nine hundred and fifty dollars. Food for na- To enable the Secretary of Commerce and Labor to furnish food, fuel, and clothing to the native inhabitants on the islands of Saint Paul and Saint George, Alaska, nineteen thousand five hundred dollars. * * * UNDER THE DEPARTMENT OF THE INTERIOR. * *. * * * SURVEYING THE PUBLIC LANDS. S u r v e y s, For surveys and resurveys of public lands, four hunrates. dred thousand dollars, at rates not exceeding nine dollars per linear mile for standard and meander lines, seven ALASKA. 13 dollars for township, and five dollars for section lines: Provided further, That in the States of * * * and tbe district of Al'aska, there may be allowed, in the disci-etion of the Secretary of the 'Interior, for the, survey aiid resurvey of lands heavily timbered, m-ountainouls, or Resurveys, covered with dense undergrowth, rates not exceeding etc. twenty-five dollars *per linear mile for standard and mieander lines, twenty-three dollars for township, and twenty dollars for section lines; the provisions of section twenty-four hundred and eleven. Revised Statutes of the United States, authorizing allowance for surveys in California, and Oregon, are hereby extended to all of the auove-namedl States and Territories and district.*** MISCELLANEOUS OBJECTS~ DEPARTMENT OF THE INTERIOR. REINDEER for ALASKA: For support of reindeer sta- Alaska reintions in Alaska, for the instruction of Alaskan natives in deer. the care and imanagement. of the reindeer, and for the purchase and introduction of reindeer from Siberia for domestic purposes, twenty-five thousand dollars. UNDERZ THE WAR DEPARTMENT. NATIONAL CE-METERIES. (Bringing homne the remains of offcers, soldiers, and ciojil employees of the Army lwo di abroa an olir wh7o die on transports. See p. 63.) UNI)ER THEl~ DEPARTMENT OF JUSTICE. Department of Justice. MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. M i s c e I1I a - neous. INCIDENTAL EXPENSES, TERRITORY OF ALASKA: For fur- Incidental niture, fuel, books, stationery, and other incidental eX- expenses. penses, for the offices of the marshals and attorneys, five thousand dollars. TRAVELING EXPENSES, TERRITORY OF ALASKA: For the Traveling exactual and necessary expenses of the judges and clerks iii penses. the district of Alaska when traveling in the discharge of their official duties, five thousand dollars. ic 14 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Apr. 28, 1904. CHAP 1772.-An Act To amend an Act entitled "An Act to [S. 2814.] extend the coal-land laws to the district of Alaska," approved [Public, No. June sixth, nineteen hundred. 204.] 33 Stats. L., Be it enacted by the Senate and House of Representapt. 1, p. 525. tives of the United States of America in Congress assemnCoal-land en- bled, That any person or association of persons qualified tries. to make entry under the coal-land laws of the United States, who shall have opened or improved a coal mine or coal mines on any of the unsurveyed public lands of Location ofthe United States in the district of Alaska, may locate developed min- the lands upon which such mine or mines are situated, in rectangular tracts containing forty, eighty, or one hundred and sixty acres, with north and south boundary lines run according to the true meridian, by marlring the four corners thereof with permanent monuments, so that Boundaries. the boundaries thereof may be readily and easily traced. Filing no- And all such locators shall, within one year from the pastice. sage of this Act, or within one year from making such location, file for record in the recording district, and with the register and receiver of the land district in which the lands are located or situated, a notice containing the name or names of the locator or locators, the date of the location, the description of the lands located, and a reference to such natural objects or permanent monuments as will readily identify the same. Patents. SEC. 2. That such locator or locators, or their assigns, who are citizens of the United States, shall receive a patent to the lands located by presenting, at any time Appllcationwithin three years from the date of such notice, to the to e made within t h re e register and receiver of the land district in which the years. lands so located are situated an application therefor, accompanied by a certified copy of a plat of survey and field notes thereof, made by a United States deputy surveyor or a United States mineral surveyor duly approved Pri ce per by the surveyor-general for the district of Alaska, and acre a payment of the sum of ten dollars per acre for the lands applied for; but no such application shall be allowed until after the applicant has caused a notice of the presenNotice to betation thereof, embracing a description of the lands, to published, have been published in a newspaper in the district of Alaska published nearest the location of the premises for a period of sixty days, and shall have caused copies of Notices to be such notice, together with a certified copy of the official posted on o claim. plat or survey, to have been kept posted in a conspicuous place upon the land applied for and in the land office for the district in which the lands are located for a like period, and until after he shall have furnished proof of such publication and posting, and such other proof as is Proviso. required by the coal-land laws: Provided, That nothing nahbores of herein contained shall be so construed as to authorize enters. tries to be made or title to be acquired to the shore of any navigable waters within said district. Ad v e r s e SEC. 3. That during such period of posting and publiclaims. cation, or within six months thereafter, any person or ALASKA. 15 association of persons having or asserting any adverse interest or claim to the tract of land or any part thereof sought to be purchased shall file in the land office where Proceedings such application is pending, under oath, an adverse claim, setting forth the nature and extent thereof, and such adverse claimant shall, within sixty days after the filing of such adverse claim, begin an action to quiet title in a court of competent jurisdiction within the district of Alaska, and thereafter no patent shall issue for such claim until the final adjudication of the rights of the parties, and such patent shall then be issued in conformity with the final decree of such court therein. SEC. 4. That all the provisions of the coal-land laws of Continuance the United States not in conflict with the provisions of lfwsex s t ing this Act shall continue and be in full force in the district of Alaska. CHAP. 1773.-An Act Supplemental to and amendatory of an Apr. 28, 1904. Act entitled "An Act making further provision for a civil govern- LS. 3035.] ment for Alaska, and for other purposes," approved June sixth, [Public, No. nineteen hundred. 205.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1 p.526. tives of the United States of America in Congress assembled, That the Secretary of the Interior shall, in the Care and custody of the month of November, nineteen hundred and four, and insane. from time to time thereafter, as in his judgment may be deemed advisable, advertise for and receive bids for the care and custody of persons legally adjudged insane in the district of Alaska, and thereafter, in behalf of the United Contracts to States, shall contract, for one or more years, as he may lowest bidder. deem best, with a responsible asylum or sanitarium west of the main range of the Rocky Mountains submitting the lowest and best responsible bid for the care and custody of persons legally adjudged insane in said district Payment of of Alaska, the cost of advertising for bids, executing the expenses. contract, and caring for the insane to be paid, until otherwise provided by law, by the Secretary of the Treasury, out of any money in the Treasury not otherwise Accounts, appropriated, on accounts and vouchers duly approvedetcby the Secretary of the Interior, and all Acts and parts Repeal. of Acts in conflict with these provisions are hereby repealed. CHAP. 1778.-An Act To amend and codify the laws relating Apr. 28 1904. to municipal corporations in the district of Alaska. [S. 3338.] [Public, No. Be it enacted by the Senate and House of Representa- 3210-] tives of the United States of America in Congress assem- pt. 1. p. 529. bled, That any community in the district of Alaska hav- tiIncf towns ing three hundred or more permanent inhabitants may in. incorporate as a municipal corporation termed a town in the manner hereinafter provided. A petition praying for Petition. such incorporation shall first be presented to the Judge of 16 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the United States district court presiding over the court in the judicial division in which the community seeking incorporation is located, which petition shall be signed by at least sixty male adults, bona fide residents of such conmmunity, and shall specify the boundaries and the number of inhabitants of the proposed corporation, and shall also specify the name by which it is to be known, and such other facts as may tend to show good grounds for such incorter of the corporation. The judge shall thereupon, by an order, fix the time and place for considering said petition, which time shall not be less than thirty days after the date of such order. A printed or typewritten copy of said order shall be posted in three of the most public places within the limits of the territory proposed to be incorporated at least thirty days prior to the time fixed for considering Hearing, said petition. At the time and place fixed for considering said petition the judge shall give a reasonable hearing to those who are in favor of and to those who are opposed to the same; and if he is satisfied that it is for the best interest and welfare of the community to be incorporated as a town he shall, by an order, so adjudge; and he may, Election. by the order, change or modify the proposed boundaries. He shall also, by said order, designate the name and the boundaries of the corporation, and the time and place when and where an election shall be held to determine whether the people of the community desire to be incorporated; and he shall also, by said order, appoint three Notice of qualified voters to act as judges of such election. A election, printed or typewritten copy of said order shall be posted at three of the most public places within the limit of the proposed corporation at least thirty days prior to the day of election, and such posting shall be deemed a sufficient notice of such election. Q u a 11 fied SEC. 2. That every male person twenty-one years of age voters. who is a citizen of the United States or has declared his intention to become such, and who has resided continuously one year next preceding the election in the district of Alaska, and six months next preceding the election within the limits of the proposed corporation, shall be qualified to vote at said or any subsequent municipal elecBallot. tion. Said election shall be by printed or written ballot in the following form, to wit: "FOR INCORPORATION OF THE TOWN OF (name of proposed corporation)," or "AGAINST INCORPORATION OF THE TOWN OF (name of proposed corporation)." J ud g es of The qualified electors of the community proposed to be incorporated may also at said election by a separate ballot choose a common council of seven members who shall be ALASKA. 17 qualified electors of the community. The said judges of election shall before entering upon the duties of their office take an oath in writing to faithfully and impartially discharge the duties of their trust, and they shall duly canvass and compile the vote cast and issue under certificate of their hands and seals a certificate in triplicate showing votes cast to the number of votes cast in favor of incorporation and the be in triplicate. number of votes cast against incorporation. One of said triplicate certificates, together with all the ballots cast and the oaths of the judges of elections, shall immediately be filed with the clerk of the district court in the division in which the community proposed to be incorporated is situate, another of said certificates shall be filed with the secretary of the district of Alaska, and the third of said certificates shall be filed with the commissioner of the precinct in which said community is located. If it shall aplpear from the said triplicate certificate of election filed suRtt of dlewith the clerk of the district court as aforesaid that two- tion. thirds or more of the votes cast at said election were in favor of incorporation and that the provisions of law relating to incorporation have been substantially complied with then the district judge shall, by an order in writing entered in the records of the court, duly adjudge and declare that the community in which such election has been held is, and shall be deemed to be, a municipal corporation under the name of " The town of (here insert name) in the district of Alaska," and the same shall from thenceforth be deemed a municipal corporation possessed of the powers and privileges hereinafter prescribed, and such other powers as may be given by law. SEC. 3. That the said judges of election shall also can- Canvass o f vass the votes given at said election for members of the voes common council, and shall declare the seven candidates who have received the greatest number xof votes for such office duly elected and shall issue and deliver to them certificates of their election. In case the community in which said election has been held becomes incorporated as aforesaid, the members of the common council chosen as aforesaid, as well as the members of such council chosen at subsequent elections, shall, before entering upon the duties of their office, severally take an oath in writing Oath. to honestly and faithfully discharge the duties of their trust, which oaths shall be filed with the clerk of the town. An annual election shall be held each and every Annual elecyear, on the first Tuesday of April, in every incorporated tion. town in the district of Alaska for the election of members of the common council. The members of the council chosen at the first election shall hold their office until the Tci erms of next annual election and until their successors are elected and qualified, and the members of the council chosen at subsequent elections shall hold their office for the term of one year and until their successors are elected and qualified, 18 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Powers ouf SEC. 4. That the said common council shall have and town councilmen. exercise the following powers: Rules, etc. First. To adopt rules and by-laws for their proceedings, and to elect one of their number president of the council, who shall also be ex officio mayor of the town and who when chosen shall continue to hold the position of president and ex officio mayor during the term for which the council was elected, and who shall take care that the ordinances and resolves of the council be faithfully executed. Officers. Second. To appoint a clerk, a treasurer, an assessor, a municipal magistrate, a municipal attorney, a chief of police, and such other officials or employees as may be necessary, but none of such officers or employees shall be appointed for a longer term than one year. Municipal, Third. To make suitable provision for municipal and etc., elecons other elections, and to appoint three judges and two clerks of election for each polling place in the town. Streets, etc. Fourth. To provide for the location, construction, and maintenance of the necessary streets, alleys, crossings, sidewalks, sewers, and wharves. If such street, alley, sidewalk, or sewer, or parts thereof, is located and constructed upon the petition of the owners of two-thirds in value of the property abutting upon and affected by such improvement, then two-thirds of the cost of the same may, in the discretion of the council, be collected by the assessment and levy of a tax against the abutting property, and such tax shall be a lien upon the same and may be collected as other real estate taxes are collected. Trails and Fifth. To provide for the location and construction, wagon roads for a limited distance and to a limited extent, of trails and wagon roads outside of the limits of the town, but leading to and from the same, where such roads and trails are necessary for promoting the welfare and prosperity of the town, but no money shall be expended for such purpose except upon the unanimous vote of the entire council unless the qualified voters of the town have at an annual election by ballot, by a two-thirds vote, voted in favor of such expenditure. tFire otecr Sixth. To provide for fire protection, water supply, tion, w a t e r supply, etc. lights, wharfage, public health, and police protection, and the relief of the destitute and indigent. Taxes. Seventh. To assess, levy, and collect a poll tax of not less than two dollars nor more than four dollars per year on all male residents over twenty-one and under fifty years of age who are not active members, serving without pay, of a volunteer fire company in the town. Such tax shall be a lien upon and may be collected from any real or personal property of the person against whom the tax is levied except wearing apparel and household furniture less than three hundred dollars in value. Dog tax. Eighth. To levy a tax of not more than two dollars per year upon each dog against the person who keeps the same, and to provide for the impounding or killing of ALASKA. 19 the dog in case the tax is not paid or in case the dog is vicious or dangerous to life or health. Ninth. To assess, levy, and collect a general tax for School tax. school and municipal purposes, not to exceed two per centum of the assessed valuation, upon all real and personal property, and to declare the same a lien upon such property and to enforce the collection of such lien by foreclosure, levy, distress, and sale: Provided, however, Provisos. That all property belonging to the municipality, all prop- Exemption erty used exclusively for religious, educational, and charitable purposes, and the household furniture of the head of a family or a householder not exceeding two hundred dollars in value, shall be exempt from such tax: Provided further, That the laws exempting certain property from Exception. levy and sale on execution shall not apply to said taxes or the collection of the same. Tenth. To prohibit drunkenness, gambling, houses or Drunkenness, places of ill-fame, disorderly conduct, or conduct endan- etc gering the public peace, public health, or public safety, to define such offenses, and to prescribe the punishment therefor, but such punishment shall not exceed in any case a fine of one hundred dollars or imprisonment in the municipal jail not exceeding ninety days, or both, in the discretion of the court, together with the costs of prosecution. The costs of such imprisonment shall be borne by the municipality and not by the United States. All fines and costs imposed and collected for violation of municipal ordnances shall belong to the municipality and be paid over to its treasurer. The municipal magistrate shall have jurisdiction of all actions for violation of municipal ordinances, and appeals shall lie from his judgments to the district court in the same manner as appeals from the judgments of ex officio justices of the peace. Eleventh. To make due provision for the maintenance Jail, etc. of a municipal jail and to provide the same with a keeper. Twelfth. To establish one or more school districts, to Schools, etc. provide the same with suitable schoolhouses, and to provide the necessary funds for the maintenance of schools, but such school districts and schools, when established, shall be under the supervision and control of a school s c h o o 1 board of three members, consisting of a director, a treas- board urer, and a clerk, to be elected annually by the vote of all adults who are citizens of the United States or who have declared their intention to become such and who are residents of the school district. The members of said Termboard shall hold their office for the term of one year and until their successors are elected and qualified, and they shall each, before entering upon the duties of their office, take an oath, in writing, to honestly and faithfully discharge the duties of their trust. All money available for school purposes, except for the construction and equipment of schoolhouses and the acquisition of sites for the same, shall be transferred to the treasurer of said board, 20 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. shall be expended under the direction of said board, and the treasurer of said board shall be the custodian of said money, and he shall, before entering upon the duties Treasurer's of his office, give his bond, with sufficient sureties, to the school district, in such sum as the common council may direct and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money that may come into his hands Teachers, as such treasurer. The said board shall have the power to hire and employ the necessary teachers, to provide for heating and lighting the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school. Sanitation. Thirteenth. To take such action by ordinance, resolution, or otherwise, as may be necessary to protect and preserve the lives, the health, the safety, and the well-being of the people in the town and to publish all ordinances. Ma jority SEC. 5. That the common council may exercise their vote. powers by ordinance or resolution, but no ordinance or resolution shall be valid unless adopted by a vote of four members of the council, at a meeting where not less than Bond issue, five members are present. The council shall have no auited. ' prohib-thority to issue bonds or incur any bonded indebtedness, nor shall they have authority to incur a greater indebtedness or liability of any kind in any year than the current revenues of the municipality for that year. D u ties of SEC. 6. That the clerk appointed by the council shall clerk. attend its meetings, keep a full record of all its proceedings and of all disbursements of public money, and he shall also file and duly keep all the records and public papers of the town, and he shall to all intents and purposes be deemed to be the clerk and bookkeeper of the Treasurer. town and shall officiate as such. The treasurer appointed by the council shall be the custodian of all the moneys of Proviso. the town: Provided, That said treasurer shall pay over Duies. to the treasurer of the school district all moneys available for the maintenance of schools. He shall keep an itemized, full, and correct account of all moneys received and disbursed, and he shall pay out no money except upon an order signed by the ex officio mayor and countersigned by the clerk and specifying the object and purpose of the payment, and no such order shall be issued except upon vote of four members of the council at a meeting in which five members are present. He shall before entering upon the duties of his office give his bond to the town, with sufficient sureties to be approved by the council, in such sum as the council may direct, not less, however, than twice the amount of the public money that may come into his hands as treasurer during his term, which bond shall be conditioned that he will faithfully and honestly collect, keep, and disburse all the moneys belonging to the town, which bond shall be filed with and kept by the ssessor. clerk of the town. The assessor appointed by the council ALASKA. 21 shall once each year, at such time as the council may direct, duly list and assess all the taxable property of the town at its just and fair value. He shall file such list and assessment as soon as completed with the clerk of the town, and shall serve a notice of the filing of the same upon each person residing in the town whose property has been assessed. The council may review and revise the assessment, and may, upon proper evidence and conformable to justice, increase or diminish the same in individual cases, and when so revised and reviewed, and finally approved by the council, the same shall be deemed to be the true basis for the levy and assessment of taxes. The municipal attorney shall be the legal adviser of the Attorney. council and the other town officials in reference to their official duties, and he shall represent the town as attorney in all civil and criminal prosecutions in which the town is interested. All officers appointed by the council shall, oath. before entering upon the duties of their office, severally take an oath, in writing, to honestly, faithfully, and impartially perform the duties of their office, which oath shall be filed with the clerk of the town. The council ComPensashall, at the beginning of the term of each officer appointed by them, by ordinance fix his compensation for the term, which compensation when so fixed shall be neither increased nor diminished during the term, nor shall said officers be entitled to receive, in any form or shape, any other or additional compensation. Any officer froe ofce a I of the town, whether elective or appointive, may be removed from office for malfeasance, misfeasance, or nonfeasance in office, by the district court, in proceedings initiated upon the complaint of a taxpayer, and in which the officer complained of shall have full opportunity to appear and defend himself. SEC. 7. That all license moneys collected by the clerk of use of lithe district court from any person for any business, trade, or occupation carried on within the limits of any incorporated town in the district of Alaska pursuant to the provisions of an Act entitled "An Act to define and punish crimes in the district of Alaska and to provide a code of criminal procedure for said district," approved March third, eighteen hundred and ninety-nine, and all Acts or parts of Acts amendatory thereof, shall by said clerk be paid over to the treasurer of such town, to be used for school and municipal purposes within the town. The clerk shall take a receipt for such money in tripli- Receipts. cate, one of which receipts shall be filed with the Secretary of the Treasury, one with the Attorney-General of the United States, and one shall be retained by the clerk. SEC. 8. That all Acts and parts of Acts inconsistent Repeal. with this Act are, to the extent of such inconsistency, hereby repealed; and the provisions of this Act shall apply to and govern all municipal corporations heretofore created in the district of Alaska. 3449-07 ---4 22 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Apr. 28, 1904. CHAP. 1807.-An Act Providing for the removal of the port of [H. R 125.] entry in the customs collection district in Alaska from Sitka, [Public, No. Alaska, to Juneau, Alaska. 239.] 33 Stat. L., pt. 1, p. 554-. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Alaska cus- section twenty-five hundred and ninety-two of the Revised tJuneau ade Statutes of the United States, second edition,eighteen hunport of entry. dred and seventy-eight, be amended by striking out the word " Sitka " in the last line of the section and inserting in lieu thereof the word " Juneau." The collector of customs for the customs collection district of Alaska shall reside at Juneau, which is hereby made and constituted the port of entry for said district instead of Sitka. Apr. 28, 1904. CHAP. 1812.-An Act Authorizing the Union Pioneer Mining [H.. 6780.] and Trading Company to construct and maintain a bridge across [Public, No. the Catalla Creek, in the district of Alaska. 244.] 33 Stat. L., pt. 1, p. 560. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That cra t al I a the Union Pioneer Mining and Trading Company, a corCreek, Alaska. union iP io -poration created and existing under and by virtue of the ane TrMinigl ws of the State of California, be, and it is hereby, auand Trading Sa obe y Company may thorized to construct and maintain a bridge across the Location. Catalla Creek, in the district of Alaska, to be located at such point as shall be approved by the Secretary of War. fagon and Said bridge may be used for the passage of wagons and foot bridge. vehicles of all kinds, and for the transit of animals, and Toll. for foot passengers, for such reasonable rates of toll as may be fixed by said company and approved by the Secretary of War. Drawbridge. SEC. 2. That such bridge shall be constructed as a draw bridge, and the draw shall be opened promptly upon reasonable signal for the passage of boats. And whatever kind of bridge is constructed, the said company shall maintain thereon, at its own expense, from sunset to sunLights. etc. rise, during the season of navigation, such lights or other signals as the Light-House Board shall prescribe; and the United States shall have the right of way across said etceleg r, ph, bridge and approaches for postal telegraph and other purposes; and equal privileges in the use of said bridge shall be granted to all telegraph and telephone companies, and said bridge shall be so constructed and operated as not to Proviso. interfere with the navigation of said river: Provided, Luawful struc That any bridge constructed under this Act and according ture and post route. to its limitations shall be a lawful structure and shall be known and recognized as a post route, and the same is hereby declared to be a post route, upon which, also, no higher charge shall be made for the transportation over the same of the mails, the troops, or munitions of war of the United States than the rate per mile paid for transportation over railroads or public highways leading to the said bridge. ALASKA. 23 SEC. 3. That the bridge authorized to be constructed Secretary of War to apunder this Act shall be located and built under and sub-p r v e plans, ject to such regulations for the security of the navigation etc. of said creek as the Secretary of War shall prescribe; and to secure that object the said corporation shall submit to the Secretary of War, for his examination and approval, a design and drawings of the proposed bridge, and shall furnish such other information as may be required for a full and satisfactory understanding of the subject; and until the said plan and location of the bridge are approved by the Secretary of War, no work upon the bridge shall be commenced; and should any change be made in the plan of said bridge during the Change. progress of construction, or after completion, such change shall be subject to the approval of the Secretary of War; and any changes in said bridge which the Secretary of War may at any time deem necessary and order in the interests of navigation shall be made by the said corporation at its own expense. SEC. 4. That this Act shall be null and void if actual Time of conconstruction of the bridge herein authorized be not com- Sttn menced within one year and completed within three years from the date of approval hereof. SEC. 5. That Congress hereby expressly reserves the Amendment. right to alter, amend, or repeal this Act. RESOLUTIONS. Apr. 8,1904. [S. J. R. 61.J 99. [No. 18.] Joint Resolution Requesting the President of the United States to negotiate and, if possible, conclude negotiations [Pub. Res., No. with the Government of Great Britain for a review and revision 18.] 33 Stats. L., of the rules and regulations which now govern the taking of fur pt. 1, p. 586. seals in the open waters of the North Pacific Ocean and Bering Sea, and so forth. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the President be, and he is hereby, requested Alaskan fur to negotiate and, if possible, conclude negotiations with seavision of the Government of Great Britain for a review and revi- regulations of sion of the rules and regulations which now govern the taking of fur seals in the open waters of the North Pacific Ocean and Bering Sea, pursuant to the treaty articles of the award of the Bering Sea Tribunal of Arbitration, made at Paris, August sixteenth, eighteen hundred and ninety-three; said review to determine what revision of these rules and regulations shall be made, if any can be devised and agreed upon, which will restore and preserve the fur-seal industry upon the Seal Islands of Alaska and abate the killing of nursing mother seals on the high seas, now permitted and conducted. SEC. 2. That the President be, and he is hereby, re- egotiations quested to negotiate and, if possible, conclude negotia-Jaban, etc. tions with the Governments of Russia and Japan and 24 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. other maritime nations to the end of securing their adherence to and a common agreement with the terms of any satisfactory revision of the rules and regulations specified in section one of this Resolution which may be agreed upon by the Governments of Great Britain and the United States. Appropria- SEC. 3. That all expenses incident to said review, investigation, acquisition of authentic data, and the preparation of expert reports of the case of the United States, ordered and approved by the President, shall be paid by the Secretary of the Treasury, out of any moneys in the Treasury of the United States not otherwise appropriated, and which amounts are hereby appropriated. FIFTY-EIGHTH CONGRESS, THIRD SESSION. CHAP. 41.-An Act To aid the Western Alaska Construction Jan. 18, 1905. Company. [S. 5088.] [Public, No. Be it enacted by the Senate and House of Representa- 10 s.] L. 33 Stats. L., tires of the United States of America in Congress assem- pt. 1, p. 605. bled, That it shall be lawful for the Western Alaska Con- w e s t e r n struction Company to hereafter operate its railroad instruction Cornthe district of Alaska for a period of five years after the Pany may oppassage of this Act without the payment of the license fee payment of Ii*i cense fee. of one hundred dollars per mile per annum on each mile Time limit. operated, as provided in section twenty-nine, chapter one, of the Act entitled "An Act for making further provisions for a civil government for Alaska, and for other purposes," approved June sixth, nineteen hundred: Pro- Proviso. vided, however, That this exemption from said license Condition of fees is upon the condition that said company shall build at least ten miles of railroad each year; but if more than ten miles be built in any one year it shall be credited to the work of the succeding year. CHAP. 277.-An Act To provide for the construction and main- Jan. 27, 1905. tenance of roads, the establishment and maintenance of schools, [S. 3728.] and the care and support of insane persons in the district of [Public, No. Alaska, and for other purposes. 26.] 33 Stats. L., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assenmbled, That all moneys derived from and collected for Liquor, trade, etc., license liquor licenses, occupation, or trade licenses outside of the fees outside inincorporated towns in the district of Alaska shall be de- c o r p or ated posited in the Treasury Department of the United States, stitute the "Althere to remain as a separate and distinct fund, to be aska fund." known as the "Alaska fund," and to be wholly devoted to the purposes hereinafter stated in the district of Alaska. One-fourth of said fund, or so much thereof as may be use of funand necessary, shall be devoted to the establishment and maintenance of public schools in said district; five per centum of said fund shall be devoted to the care and maintenance of insane persons in said district, or so much of said five per centum as may be needed; and all the residue of said fund shall be devoted to the construction and maintenance of wagon roads, bridges, and trails in said district. 25 26 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Construction SEC. 2. That there shall be a board of road commisof wagon. roads, etc. sioners in said district, to be composed of an engineer roard foffmm icer of the United States Army to be detailed and aproad commis-0 sioners to be pointed by the Secretary of War, and two other officers Secretary of of that part of the Army stationed in said district and to War. be designated by the Secretary of War. The said engineer officer shall, during the term of his said detail and Powers of appointment, abide In said district. The said board shall board. have the power, and it shall be their duty, upon their own motion or upon petition, to locate, lay out, construct, and maintain wagon roads and pack trails from any point on the navigable waters of said district to any town, mining or other industrial camp or settlement, or between any such town, camps, or settlements therein, if in their judgment such roads or trails are needed and will be of permanent value for the development of the district; but no such road or trail shall be constructed to any town, camp, or settlement which is wholly transitory or of no substantial value or importance for mining, trade, agriMaps, etc. cultural, or manufacturing purposes. The said board shall prepare maps, plans, and specifications of every road or trail they may locate and lay out, and whenever more than five thousand dollars in the aggregate shall have to be expended on the construction of any road or trail, contract for the work shall be let by them to the Bids. lowest responsible bidder, upon sealed bids, after due notice, under rules and regulations to be prescribed by the Secretary of War. The board may reject any bid if they deem the same unreasonably high or if they find that there is a combination among bidders. In case no responsible and reasonable bid can be secured, then the work may be carried on with material and men procured anSpersina- and hired by the board. The engineer officer of the board tion of work. shall in all cases supervise the work of construction and Report. see that the same is properly performed. As soon as any road or trail laid out by the board has been constructed and completed they shall examine the same and make a full and detailed report of the work done on the same to the Secretary of War, and in such report they shall state whether the road or trail has been completed conformable to the maps, plans, and specifications of the Repairs. same. It shall be the duty of said board, as far as practicable, to keep in proper repair all roads and trails constructed under their supervision, and the same rules as to the manner in which the work of repair shall be done, whether by contract or otherwise, shall govern as in the case of the original construction of the road or trail. The Expenses. cost and expenses of laying out, constructing, and repairing such roads and trails shall be paid by the Secretary of the Treasury out of the road and trail portion of said "Alaska fund " upon vouchers approved and certified by said board. The Secretary of the Treasury shall, at the end of each month, send by mail to each of the members ALASKA. 27 of said board a statement of the amount available of said "Alaska fund" for the construction and repair of roads and trails, and no greater liability for construction Restriction. or repair shall at any time be incurred by said board than the money available therefor at that time in said fund. The members of said board shall, in addition to their salaries, be entitled to receive their actual traveling expenses paid or incurred by them in the performance of their duties as members of the board. SEC. 3. That the governor of the district of Alaska Governor made superinshall be ex officio superintendent of public instruction in tendent of pubsaid district, and as such shall have supervision and di-l in1str1ction. rection of the public schools in said district and shall prescribe rules and regulations for the examination and qualification of teachers, and shall make an annual report of the condition of the schools in the district to the Secretary of the Interior. SEC. 4. That the common council of the incorporated School districts within towns in said district shall have the power, and it shallincorporated be their duty, in their respective towns to establish school toa bYlIte e by districts, to provide the same with suitable schoolhouses, the common and to maintain public schools therein and to provide the necessary funds for the schools; but such schools when established shall be under the supervision and control of a school board of three members, consisting of a director, Schoolboard. a treasurer, and a clerk, to be elected annually by the vote of all adults who are citizens of the United States or who have declared their intention to become such and who are residents of the school district. The members of said board first elected shall hold their offices for the term of two, and three years, respectively, and until their fierm of ofsuccessors are elected and qualified, and one member of such board shall be elected each year thereafter and shall hold his office for a period of three years and until his successor is elected and qualified; and they shall each, be- Oath fore entering upon the duties of their office, take an oath in writing to honestly and faithfully discharge the duties of their trust. In case a vacancy in the membership of vacancies. said board occurs from death, resignation, removal, or other cause, such vacancy may be filled by a special election, upon ten days' notice, called by the remaining members of the board upon the petition of five qualified voters. All money available for school purposes, except for the Expendit ure construction and equipment of schoolhouses and the ac- chool fd. quisition of sites for the same, shall be expended under the direction of said board, and the treasurer of said board shall be the custodian of said money, and he shall, before entering upon the duties of his office, give his bond, Bond. with sufficient sureties, to the school district, in such sum as the common council may direct, and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money 28 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. that may come into his hands as such treasurer. The said board shall have the power to hire and employ the Teachers necessary teachers, to provide for heating and lighting the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school. School d I s- SEC. 5. That the clerk of the district court shall have t r i c t s outside of incorporated the power, and it shall be his duty, in the division to Petitions forwhich he is appointed and in which he resides, upon petiestablishing. tion as hereinafter specified, to establish by order in writing a school district at any camp, village, or settlement outside of the limits of any incorporated town, but such school district shall not embrace more than forty square miles of territory nor contain less than twenty resident white children between the ages of six and twenty years. L o c a t Ion, The said petition shall specify as near as may be the locaboundary, etc., of districts. tion and boundary of the proposed school district, the number of people, the number of families, and the number of children between the ages of six and twenty years, resident therein, and such other material facts as fend to show the necessity for the establishment of the school Signatures to district. Said petition shall be signed by not less than twelve persons of adult age who are citizens of the United States or have declared their intention to become such and who reside within the boundaries of the proposed school Order estab- district. If the clerk of the court is satisfied that it is lishing districts. necessary and proper to grant such petition, he shall make an order in writing establishing the school district prayed for, describing the same and defining its boundaries, and he shall also in said order appoint three of the petitioners tic.ect. n no-to supervise and give notice of the first election, and shall specify the time and place of the same. The original order shall remain on file in the records of the court, and a copy of the same shall be posted at three public places in the school district at least ten days before the election, and such posting shall be deemed a sufficient notice of School board.such election. All persons qualified to sign said petition Election of. shall be qualified to vote at said election. The qualified voters of said school district shall at said election choose by a plurality vote a school board of three members, consisting of a clerk, a treasurer, and a director, who shall, before entering upon the duties of their trust, each take Oath. an oath in writing to honorably and faithfully discharge vacancies. the duties of their office. In case a vacancy in the membership of said board occurs from death, resignation, removal, or other cause, such vacancy may be filled by a special election, upon ten days' notice, called by the remaining members of the board upon the petition of five Treasurer. qualified voters. The treasurer shall be the custodian of the moneys of the school district, and he shall, before Bond. entering upon the duties of his office, give his bond to the school district, with sufficient sureties, to be approved by the clerk of the court, and in such sum as he may direct, ALASKA. 29 but not less than twice the amount of money that may come into his hands as treasurer, conditioned that he, the treasurer, will honestly and faithfully disburse and account for all the money that may come into his hands by virtue of his office. Said board shall have the power to s c h o o - build or rent the necessary schoolhouse or schoolroom, to houses, etc. equip the same with the necessary furniture and fixtures, to provide fuel and light, to hire and employ teachers, and in general to do and perform everything that may be necessary for the maintenance of a public school. The members of said board shall hold office for the term T erm of of one year and until their successors are elected andboard. qualified. An annual election shall be held each year, Annual elecafter the first election, for the election of members of said tionboard. As soon as the members of said school board have certificate of been elected and qualified, they shall send to the clerk of electoni oth, the court and file in his office a certificate of their election under the hand and seal of the judges or supervisors of election, their oaths of office, and the bond of the treasurer, and the clerk of the court shall file said papers and carefully keep them as a part of the files and records of his office, and he shall at once send to the governor of the district of Alaska a certified copy of said papers, together with a certified copy of the order establishing the school district, and the governor shall duly file and preserve the same. The said board, as soon as they have complied with Report. the requirements aforesaid, shall immediately report in writing to the governor the number of children in their school district between the ages of six and twenty years that intend to attend a public school, and the wages per month for which a teacher can be obtained; and after a school has been opened and maintained they shall, at the end of each school term, report to the governor in writing the length or the term, the wages paid the teacher, the total number of pupils in attendance, and the daily average of such attendance at such term. The governor shall F n t fi o r assign and set apart to each school district established and etc., of schoolorganized under the provisions of this section a sum, not houses less than three hundred dollars nor more than one thousand dollars, in proportion to the number of pupils in the district, for the construction and equipment of a schoolhouse, which sum shall be paid by the Secretary of the Treasury to the treasurer of the school district upon the order and voucher of the governor out of that portion of the said Alaska fund set apart for the establishment and maintenance of public schools. The residue of said por- teawhegse f tion of said fund, or so much thereof as may be necessary, shall by the governor be apportioned among the several school districts established under the provisions of this section in amounts sufficient for each district to pay the wages of a teacher, together with the expense of fuel and Fuel, etc. light, for five months' school in each year. And the Apportionamounts so apportioned to each school district shall be 30 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. paid to the treasurer of the district by the Secretary of the Treasury upon the order and voucher of the governor out of the said portion of said fund. scheort oar SEC. 6. That the clerks of school districts in the incorclerks. porated towns shall, at the end of each school term, report to the governor in writing the length of the term, the wages paid the teacher, the number of pupils in attendance, and the average daily attendance during the term. whitCaetce, SEC. 7. That the schools specified and provided for in children. this Act shall be devoted to the education of white children and children of mixed blood who lead a civilized Schools f orlife. The education of the Eskimos and Indians in the Eskimos and Indians. district of Alaska shall remain under the direction and control of the Secretary of the Interior, and schools for and among the Eskimos and Indians of Alaska shall be provided for by an annual appropriation, and the Eskimo and Indian children of Alaska shall have the same right to be admitted to any Indian boarding school as the Indian children in the States or Territories of the United States. Insane per- SEC. 8. That commissioners appointed by the judges of sons. ommitment the district court in the district of Alaska, pursuant to and care of. existing laws, shall, as ex officio probate judges and in the exercise of their probate jurisdiction, have the power, and it shall be their duty, in their respective districts, to commit, by warrant under their hands and seals, all persons adjudged insane in their districts to the asylum or sanitarium provided for the care and keeping of the insane Procedure. of the district of Alaska. No person shall be adjudged insane or committed, as such, except upon and pursuant to the following proceedings, to wit: Whenever complaint in writing is made by any adult person to a commissioner that there is an insane person at large in the commissioner's district, the commissioner shall at once cause such T r ial byinsane person to be taken into custody and to be brought Jury, before him, and he shall then immediately summon and impanel a jury of six male adults, residents of the district, to inquire, try, and determine whether the person so complained of is really insane. The members of said jury shall, before entering upon the discharge of their duty, each take an oath to diligently inquire, justly try, and a true verdict render, touching the mental condition of the Attorney forperson charged with being insane. Before entering upon defendant. such trial the commissioner shall appoint some suitable person to appear for and represent in the proceeding the Examinationperson complained of as insane. And in case there is a by physician, physician or surgeon in the vicinity who can be procured, the commissioner shall cause such surgeon or physician to examine the person alleged to be insane, and after such examination to testify under oath before the jury in respect to the mental condition of said person. The cornwitnesses. missioner shall preside at said hearing and trial. All witnesses that may be offered shall be heard and shall be permitted to testify under oath in said matter, and after ALASKA. 31 having heard all the evidence the said jury shall retire to agree upon a veridict, and if the jury unanimously, by their verdict in writing, find that the said person so Verdict. charged with being insane as aforesaid is really and truly insane and that he ought to be committed to the asylum or sanitarium aforesaid, and the commissioner approves such finding, he shall enter a judgment adjudging the said person to be insane and adjudging that he be at once conveyed to and thereafter properly and safely kept in the said asylum or sanitarium until duly discharged therefrom by law. The commissioner shall thereupon, Issue of warunder his hand and seal, issue his warrant, with a copy of rant etc. said judgment attached, for the commitment of said insane person to the asylum or sanitarium aforesaid, which warrant shall be delivered to the marshal of the division in which said proceedings are had, arid shall direct said marshal to safely keep and deliver said insane person to said asylum or sanitarium, and the said marshal, for the service of process in connection with and the guard- Corn pensa. tion for serving and transportation of the insane, shall be compen-ice of process, sated from the same source and in the same manner as in etc. the case of prisoners convicted of crime. The commissioner, the jurymen, and the witnesses in said proceeding shall be entitled to the same compensation and mileage as in civil actions. And all the compensation, mileage, fees, Audit of ea - and all other expenses and outlays incident to said proceedings shall be audited and allowed by the district judge of the division in which said proceedings are pending and had, and when so audited and allowed shall be paid by the clerk of the court in such division as the incidental expenses of the court are by him paid and from the same fund. SEC. 9. That all Acts and parts of Acts inconsistent Repeal. with this Act are, to the extent of such inconsistency, hereby repealed. CHAP. 288.-An Act providing for the transfer of forest Feb. 1, 1905. reserves from the Department of the Interior to the Department [H. R. 8460.] of Agriculture. [Public, No. 34.] Be it enacted by the Senate and House of Representa- pt33 Stat L. tives of the United States of America in Congress assembled, That the Secretary of the Department of Agricul- Forest reture shall, from and after the passage of this Act, execute seCotrol of, or cause to be executed all laws affecting public lands transferred to Agricultural heretofore or hereafter reserved under the provisions of Department. section twenty-four of the Act entitled "An Act to repeal the timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, and Acts supplemental to and amendatory thereof, after such lands have been so reserved, excepting such laws as Exceptions. affect the surveying, prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, or patenting of any of such lands. 32 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. plp o etrt of SEC. 2. That pulp wood or wood pulp manufactured from Alask a from timber in the district of Alaska may be exported permitted. therefrom. * * * * * Use of funds SEC. 5. That all money received from the sale of any reeivefd rfrom products or the use of any land or resources of said forest ucts, etc. reserves shall be covered into the Treasury of the United States and for a period of five years from the passage of this Act shall constitute a special fund available, until expended, as the Secretary of Agriculture may direct, for the protection, administration, improvement, and extension of Federal forest reserves. Feb. 3, 1905. CHAP. 297.-An Act Making appropriations for the legislative, [H. R. 15895.] executive, and judicial expenses of the Government for the fiscal [Public, No. year ending June thirtieth, nineteen hundred and six, and for 40.] other purposes. 33 Stat. L., pt. 1, p. 631. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemLegxislativne bled, That the following sums be, and the same are hereby, j u d i a ex- appropriated, out of any money in the Treasury not othprinations. Prerwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and six, for the objects hereinafter expressed, namely: GOVERNMENT IN THE TERRITORIES. DISTRICT OF ALASKA: For governor, five thousand dollars; three judges, at five thousand dollars each; three attorneys, at three thousand dollars each; three marshals, at four thousand dollars each; three clerks, at three thousand five hundred dollars each; in all, fifty-one thousand five hundred dollars. For incidental and contingent expenses, clerk hire, stationery, lights, and fuel, to be expended under the direction of the governor, two thousand dollars. DEPARTMENT OF THE INTERIOR. SURVEYORS-GENERAL AND THEIR CLERKS. For surveyor-general and ex officio secretary of the district of Alaska, four thousand dollars; clerks in his office, four thousand dollars; in all, eight thousand dollars. For rent of office for surveyor-general, pay of messenger, stationery, printing, binding, drafting instruments, books of reference for office use, furniture, fuel, lights, laundry, and other incidental expenses, one thousand five hundred dollars. * * * * * ALASKA. 33 CHAP. 777.-An Act For the allowance of certain claims re- Feb. 24, 1905. ported by the Court of Claims, and for other purposes. [H. R. 9548.] [Public, No. (Alaska. See p. 83.) 33 9t. L. pt. 1, p. 743. CHAP. 1293.-An Act To establish a life-saving station at Mar. 1, 1905. Nome, Alaska. [S. 2692.] [Public, No. Be it enacted by the Senate and House of Representa- 114.1 tces e.0oResena- 33 Stat. L., tires of the United States of America in Congress assem- pt. 1, p. 819. bled, That the Secretary of the Treasury be, and he is hereby, authorized to establish a life-saving station at Nome, Alaska, at such point as the General Superintend- Nome, Alasent of the Life-Saving Service may recommend, the life- kaLifesaving saving boats and apparatus placed there under the author- station established at. ity of the Act making appropriations for the sundry civil expenses of the Government for the fiscal year ending June thirtieth, nineteen hundred, and two, to form a part of the equipment of said station. SEC. 2. That the Thirteenth life-saving district is here- Thi r t re e n t by extended to include the coast of Alaska. tended. CHAP. 1307.-An Act Making appropriation for the support of Mar. 2, 1905. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 17473.] dred and six. [Public, No. 127.] (Alaska military cable; Increase pay for officers and pt. 1, p.t827. enlisted men'serving in Alaska. See p. 66.) CHAP. 1405.-An Act Making appropriations for the Depart- Mar. 3, 1905. ment of Agriculture for the fiscal year ending June thirtieth, nine- [H. R. 18329.] teen hundred and six. [Public, No. 138.] 33 Stat. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 861. tives of the United States of America in Congress assembled, That the following sums be, and they are hereby, De gricultural appropriated, out of any money in the Treasury of the propriations. United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and six, for the purposes and objects hereinafter expressed, namely: * * * * * e FOREST SERVICE. GENERAL EXPENSES, FOREST SERVICE: * * * General e xFor ascertaining the natural conditions upon and forpenses. utilizing the National forest reserves- and the Secretary Utilizing forof Agriculture may, in his discretion, permit timber and est reserves. 34 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Removal ofother forest products cut or removed from the forest reserves of the United States, except the Black Hills Forest Reserve in South Dakota and the Forest Reserves in Idaho, to be exported from the State, Territory, or the District of Alaska, in which said reserves are respectively situated * * * * * * * * (Agricultural Experiment Stations in Alaska. See p. 225.) Mar. 3, 1905. CHAP. 1407.-An Act Making appropriations for the diplo[H. R. 18468.] matic and consular service for the fiscal year ending June thirti[Public, No. eth, nineteen hundred and six. 140.] 33 Stat. L., (Relief and protection of American seamen in Alaska. pt. 1, p. 915. See p. 225.) Mar. 3, 1905. CHAP. 1455.-An Act To amend section forty-four hundred [H. R. 18200.] and fourteen of the Revised Statutes of the United States. [Public, No. 3188.1 Be it enacted by the Senate and House of Representapt. 1. tt26.' tiVes of the United States of America in Congress assemteambo at. bled, That section forty-four hundred and fourteen of Ins p e. t i the Revised Statutes of the United States be, and it is hereby, amended to read as follows: Inspectors of "SEC. 4414. There shall be in each of the following hulls and boilcollection districts, namely, the districts of * * * Collectiondis- Alaska; * * * one inspector of hulls and one intricts. Ports. spector of boilers. Salaries. 4" The inspectors of hulls and the inspectors of boilers in the districts and ports enumerated in the preceding paragraph shall be entitled to the following salaries, to be paid under the direction of the Secretary of Commerce and Labor, namely: * * * * * " For the districts of * * * and Alaska, * * * at the rate of two thousand dollars per year for each local inspector. Assistant in- "And, in addition, the Secretary of Commerce and spectors. Secretary of Labor may appoint, in districts or ports where there are Labomerce may aad two hundred and twenty-five steamers and upwards to pointi be inspected annually, assistant inspectors, at a salary, Salares. for the port of * * *, and for all other districts and ports at a salary not exceeding one thousand six hundred dollars a year each; and he may appoint a clerk to any such board at a compensation not exceeding one thousand two hundred dollars a year to each person so apMileage, etc. pointed. Every inspector provided for in this or the preceding sections of this title shall be paid his actual and reasonable traveling expenses or mileage, at the rate of five cents a mile, incurred in the performance of his ALASKA. 35 duties, together with his actual and reasonable expenses for transportation of instruments, which shall be certified and sworn to under such instructions as shall be given by the Secretary of Commerce and Labor. "Assistant inspectors, appointed as provided by law, Duties. shall perform such duties of actual inspection as may be assigned to them under the direction, supervision, and control of the local inspectors. "And the Secretary of Commerce and Labor may from Detail. time to time detail said assistant inspectors of one port or district for service in any other port or district, as the needs of the Steamboat-Inspection Service may, in his discretion, require, and the actual and reasonable traveling expenses or mileage of assistant inspectors so detailed shall be paid in the.same manner as provided in this section for inspectors." SEC. 2. That this Act shall take effect and be in force Effect. on and after the first day of July, nineteen hundred and five. CHAP. 1480.-An Act Making appropriations for the service of Mar. 3, 1905. the Post-Office Department for the fiscal year ending June thir- [H. R. 17865.] tieth, nineteen hundred and six, and for other purposes. [Public, No. 213.] 33 Stat. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 1082. tives of the United States of America in Congress assembled, That the following sums be, and they are hereby, icPost lpsrappropriated for the service of the Post-Office Depart-tions. ment, in conformity with the Act of July second, eighteen hundred and thirty-six, as follows: OFFICE OF THE FIRST ASSISTANT POSTMASTER-GENERAL. For unusual business at third and fourth class post- bvu nsg u a 1 offices, fifty thousand dollars: Provided, That on the Provi8o. direct order of the Postmaster-General any part of this penses. sum may be allowed for clerk hire, rent, fuel, light, and miscellaneous expenses in Alaska when by reason of unusual conditions the interest of the service demands such allowances. * * * * * OFFICE OF THE SECOND ASSISTANT POSTMASTER-GENERAL. INLAND MAIL TRANSPORTATION: * * * Provided, Proviso.e 9Alaska servThat out of this appropriation the Postmaster-General ice. is authorized to provide difficult or emergency mail service in Alaska, including the establishment and equipment of relay stations, in such manner as he may think advisable, without advertising therefor. ** I. * 36 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1905. CHAP. 1481.-An Act Making appropriations for the naval [H. R. 18467.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. and six, and for other purposes. 33 Stat. L., (For repairs of Barracks, Marine Corps, Sitka, Alaska. pt. 1, p. 1092. See p. 71.) Mar. 3, 1905. CHAP. 1482.-An Act Making appropriations for the construc[H. R. 18809.] tion, repair, and preservation of certain public works on rivers and [Public, No. harbors, and for other purposes 215.] 33 Stats. L., pt. 1, p. 1117. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemRivers and bled, That the following sums of money be, and are harbors appropriations. hereby, appropriated, to be paid out of any money in the Treasury not otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * lSnake River, There is hereby granted to the Nome Improvement Alaska. N o m e I m - Company, a corporation organized under the laws of the praveegrntoed tate of Washington, the right to dredge Snake River, right to dredge. which enters Bering Sea at or near Nome, Alaska, for a distance of not exceeding five thousand feet from the mouth thereof, and to extend such channel seaward not beyond a point where the water is twelve feet deep, and to construct jetties on both sides of the channel so dredged, and bulkheads at the outer end thereof, in accordance with plans to be approved by the Secretary of War, with a view to making said Snake River available for harbor purposes for vessels drawing not less than six feet of water, and providing an entrance thereto. Toll. Upon the completion of the dredging of said Snake River and the construction of the bulkheads and jetties, so as to form a channel from the ocean into Snake River not less than fifty feet wide and six feet deep at mean low tide, the said Nome Improvement Company shall have the right, during the time it may maintain the channel aforesaid, to collect as toll on freight and passengers entering or leaving the mouth of the jetties so conchedue structed, as follows: On all freight carried in or out, bne dollar per ton; passengers, twenty-five cents each; horses and cattle, one dollar per head; hogs and sheep, twentyrovisos. etcfive cents each: Provided, however, That these rates of toll and any wharfage rates charged or imposed by the said company may be revised, modified, or changed by the Secretary of War whenever he becomes satisfied that EIdians andthe same are unreasonable or oppressive: Provided furight o n-ther, That all native Indians and Esquimos shall have gress, etc. the right of free ingress and egress through said channel and jetties to and from Snake River with their boats, provisions, and personal effects. ALASKA. 37 The said improvement company shall have the right to Recla m e d occupy and use land by it reclaimed on each side of its said jetties and channels constructed by it where such land is not at the time of approval of this act legally held or owned by any person, company, or corporation: Provided, That nothing herein contained shall be con- Title to tide strued as limiting the rights of any State which may be lands. hereafter organized from said Territory of Alaska to assert title to tide lands: Provided further, That the Right of possession, etc., by United States may, upon notice to said company of not United States. less than one year, take possession of and acquire full title to all such harbor or channel improvements constructed and rights in land reclaimed by said Nome Improvement Company under authority hereof, upon payment to said company of the reasonable value thereof, excluding the value of the franchise: Provided further, Commen cement oflm That the work of improvement herein described shall be provements. begun within one year from the date of approval of this Act: Provided further, That if after the lapse of two Failure to years from date of approval of this Act the said im- manetaI chanprovement company shall, at any time during the season of navigation, permit any portion of said channel between the jetties, including that portion of the river improved by it, for three consecutive months to be of less depth than six feet at mean low tide, for a full width of fifty feet, then all rights of said company as herein determined shall cease, and the harbor improvements constructed, including bulkheads, jetties, and rights in reclaimed lands, shall become the property of the United States without recompense to the company: Provided further, That no exclusive privileges to dredge in Snake Restriction. River as an incident to mining are herein conferred; and the said improvement company shall assume all liability for damages that may arise as the result of work undertaken by it under the authority of this Act: Provided further, That this Act shall not be held to authorize the Prior rights infringement or impairment of the legal rights of any person, company, or corporation: And provided further, That said harbor, when duly constructed, shall, under Free to vesuniform regulations to be adopted by said company, and weather. approved by the Secretary of War, be free to such vessels as may be able to enter the same as a harbor of refuge in stress of weather. Congress reserves the right to alter, amend, or repeal Amendment. any of the provisions of this Act in so far as it relates to this franchise. SEC. 9. That the Secretary of War is hereby directed to Preliminary cause preliminary examinations or surveys to be made ate t c., authorthe localities named in this section as hereinafter pro-ed vided. In all cases, unless a survey or estimate is herein expressly directed, a preliminary examination shall first 3449-07 ---5 38 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. be made which shall embrace information concerning the commercial importance, present and prospective, of the river or harbor mentioned, and a report as to the advisability of its improvement. Whenever such preliminary examination has been made, in case such improvement is not deemed advisable, no surveys thereof or estimate therefor shall be made without the direction of Congress; but in case the report shall be to the effect that such river or harbor is worthy of improvement, or that a survey and estimate should be made to determine the advisability of improvement, the Secretary of War is hereby directed, at his discretion, to cause surveys to be made and the cost of improvement of such river or harbor to be Provisos. estimated and reported to Congress: Provided, That in Review of board of engi- all cases preliminary examinations as well as surveys neer officers, shall be examined and reviewed by the board provided for in section three of the river and harbor Act of June thirteenth, nineteen hundred and two. Such examination and review shall be made by the said board of all examinations or surveys provided for in this Act, whether Report. contained in section one or section ten; said board shall also on request by resolution of the Committee on Commerce of the United States Senate, or the Committee on Rivers and Harbors of the House of Representatives, examine and review surveys provided for by Acts or resolutions prior to the river and harbor Act of June thirteenth, nineteen hundred and two, and report thereon: Printing. Provided further, That at any time prior to the assembling of Congress in December, nineteen hundred and five, all reports of preliminary examinations and surveys that may be ready for printing shall, in the discretion of the Secretary of War, be printed by the Public Printer as documents of the Fifty-ninth Congress. TERRITORY OF ALASKA. Saint Michael Canal, with a view to straightening and otherwise improving the same. Mar. 6, 1905. CHAP. 1483.-An Act Making appropriations for sundry civil [H. R. 18969.] expenses of the Government for the fiscal year ending June thir[Public, No. tieth, nineten hundred and six, and for other purposes. 216. 33 Stats. L., Be it enacted by the Senate and House of Representapt. 1, p 11. 6 ives of the United States of America in Congress. assemSundry civil bled That the following sums be, and the same are hereby, expenses approprations. appropriated, for the' objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and six, namely: ALASKA. 39 UNDER THE TREASURY DEPARTMENT. PUBLIC BUILDINGS. * * * * * For repairs and preservation of public buildings: Re- Sitka, Alaska. pairs and preservation of custom-houses, court-houses, and post-offices, and quarantine stations, buildings and wharf at Sitka, Alaska, and the other public buildings and the grounds thereof under the control of the Treasury Department, exclusive of marine hospitals, four hundred and fifty thousand dollars: * * * * * * * REVENUE-CUTTER SERVICE. For expenses of the Revenue-Cutter Service: for protection of the seal fisheries in Bering Sea and the Seal fisheries. other waters of Alaska, and the interest of the Government on the seal island~ and the sea-otter hunting grounds, and the enforcement of the provisions of law in Alaska; * * * * * * * * MISCELLANEOUS OBJECTS, TREASURY DEPARTMENT. ALASKA FUND: That the moneys described as the Alaska fund. "Alaska fund," in section one of "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes, approved January twenty-seventh, nineteen hundred and five, be, and the same are hereby, appropriated out of the Treasury of the United States for the uses and purposes in said Act mentioned. UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * * * * COAST AND GEODETIC SURVEY. * * * * * (For Field Expenses, surveys, Alaska. See p. 227.) BUREAU OF FISHERIES. Fish hatcheries, Alaska: For the establishment of one salmon fish. or more hatcheries in Alaska for the propagation of sal-eries, etc. 40 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. mon and other food fishes, at points to be selected by the Secretary of Commerce and Labor, including the purchase of sites, construction of necessary buildings and ponds, purchase and hire of boats, equipment, and such temporary help as may be required for construction and operation of the hatcheries, to be immediately available, fifty thousand dollars. Agents. For the protection of the salmon fisheries of Alaska, including salaries of one agent, at two thousand five hundred dollars, and one assistant agent, at two thousand dollars, seven thousand dollars. MISCELLANEOUS OBJECTS, DEPARTMENT OF COMMERCE AND LABOR. Agents' s a I- ALASKAN SEAL FISHERIES: For salaries and traveling expenses of agents at seal fisheries in Alaska, as follows: For one agent, three thousand six hundred and fifty dollars; one assistant agent, two thousand nine hundred and twenty dollars; two assistant agents, at two thousand one hundred and ninety dollars each; necessary traveling expenses of agents actually incurred in going to and returning from Alaska, not to exceed five hundred dollars each per annum; and for the purchase of stationery for the use of said agents, and the expense of transporting the same to the Pribilof Islands, Alaska; in all, twelve thousand nine hundred and fifty dollars. Food, etc., for To enable the Secretary of Commerce and Labor to natives. furnish food, fuel, and clothing to the native inhabitants on the islands of Saint Paul and Saint George, Alaska, nineteen thousand five hundred dollars. * * * * * UNDER THE DEPARTMENT OF THE INTERIOR. * * * * * SURVEYING THE PUBLIC LANDS. S u r ve ys, For surveys and resurveys of public lands, four hunrates. dred thousand dollars, at rates not exceeding nine dollars per linear mile for standard and meander lines, seven dollars for township, and five dollars for section lines: * * * Provided further, That in the States of J * * and the district of Alaska, there may be allowed, in the discretion of the Secretary of the Interior, for the survey and resurvey of lands heavily timbered, mountainous, or covered with dense undergrowth, rates not exceeding twentyfive dollars per linear mile for standard and meander lines, twenty-three dollars for township, and twenty dollars for section lines; the provisions of section twentyfour hundred and eleven, Revised Statutes of the United ALASKA. 41 States, authorizing allowance for surveys in California and Oregon, are hereby extended to all of the abovenamed States and Territories and district. * * * * * * * * UNITED STATES GEOLOGICAL SURVEY. For continuation of the investigation- of the mineral Minerl relaresources of Alaska, eighty thousand dollars, to be im- ka. mediately available; * * * * * MISCELLANEOUS OBJECTS, DEPARTMENT OF THE INTERIOR. EDUCATION IN ALASKA: To enable the Secretary of ESklmo, oetc the Interior, in his discretion and under his direction, to provide for the education and support of the Eskimos, Indians, and other natives of Alaska; for erection, repair, and rental of school buildings; for text-books and industrial apparatus; for pay and necessary traveling expenses of general agent, assistant agent, superintendents, teachers, physicians, and other employees, and all other necessary miscellaneous expenses which are not included under the above special heads, fifty thousand dollars, to be immediately available. REINDEER FOR ALASKA: For the support of reindeer Reindeer. stations in Alaska, and for the instruction of Alaskan natives in the care and management of the reindeer, fifteen thousand dollars. * *, * * * CARE AND CUSTODY OF THE INSANE, DISTRICT OF ALASKA: Care. etc., of For the care and custody of persons legally adjudged in- Insane sane in the district of Alaska, including transportation and other expenses, up to and including June thirtieth, nineteen hundred and six, to be immediately available, seventeen thousand two hundred and thirty-two dollars. UNDER THE WAR DEPARTMENT. NATIONAL CEMETERIES. (Bringing home the remains of officers and soldiers who die abroad and civil employees of the army who die abroad and soldiers who die on transports. See p. 72.) * * * * * 42 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE DEPARTMENT OF JUSTICE. * * * * * MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * * * * Incidental ex- INCIDENTAL EXPENSES, TERRITORY OF ALASKA: For furniture, fuel, books, stationery, and other incidental expenses, for the offices of the marshals and attorneys, five thousand dollars. Traveling ext TRAVELING EXPENSES, TERRITORY OF ALASKA: For the penses. actual and necessary expenses of the judges and clerks in the district of Alaska when traveling in the discharge of their official duties, five thousand dollars. * * * * * JUDICIAL. UNITED STATES COURTS. (Expenses of the district court of Alaska. See p. 228.) * * * * * DEPARTMENT OF STATE. BOUNDARY LINE, ALASKA AND CANADA: To enable the Secretary of State to mark the boundary, and make the surveys incidental thereto, between the Territory of Alaska and the Dominion of Canada in conformity with the award of the Alaskan Boundary Tribunal and existing treaties, sixty-five thousand dollars, together with the unexpended balance of the previous appropriation for this object. * * * * * Mar. 3, 1905. CHAP. 1484.-An Act Making appropriations to supply defi[H. R. 19150.] ciencies in the appropriations for the fiscal year ending June [Public, No. thirtieth, nineteen hundred and five, and for prior years, and for 217. ] other purposes. 33 Stats. L.,' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemaeirtacies bled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and ALASKA. 43 five, and for prior years, and for other objects hereinafter stated, namely: TREASURY DEPARTMENT. REPAIRS AND PRESERVATION OF PUBLIC BUILDINGS: For Public buildings. repairs and preservation of public buildings and preser- Repairs and vation of custom-houses, court-houses, and post-offices,preservation' and quarantine stations, buildings and wharf at Sitka, Alaska, and the other public buildings and the grounds thereof under the control of the Treasury Department, exclusive of marine hospitals, fiscal year ending June thirtieth, nineteen hundred and four,.one thousand nine hundred and seventy-six dollars. GOVERNMENT IN THE TERRITORIES. To pay amounts found due by the accounting officers of the Treasury on account of the appropriation " Contingent expenses, Territory of Alaska," for the fiscal year nineteen hundred and four, one dollar and thirty-two cents. * * * * * WAR DEPARTMENT. * * * * * * ENGINEER DEPARTMENT. (Survey for wagon road and military trail, Alaska. See p. 73.) * * * * * DEPARTMENT OF THE INTERIOR. * * * * * PUBLIC LANDS SERVICE. OFFICE OF SURVEYOR-GENERAL OF ALASKA: TO pay Surveyorsamounts found due by the accounting officers of the Treas- general. ury on account of the appropriation " Contingent expenses, office of surveyor-general of Alaska," for the fiscal year nineteen hundred and three, one dollar and fiftyeight cents. * * * * * 44 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNITED STATES COURTS. * * * * * Miscellaneous For payment of such miscellaneous expenses as may be authorized by the Attorney-General, for the United States courts and their officers, including the furnishing and collecting of evidence where the United States is or may be a party in interest, and moving of records for the fiscal years as follows: For the fiscal year nineteen hundred and five, one hunPAlaska. dred and seventy-five thousand dollars: Provided, That in so far as it may be deemed necessary by the AttorneyGeneral this appropriation and the like appropriation for the fiscal year nineteen hundred and six shall be available for such expenses in the district of Alaska: se dof unex-Provided further, That the unexpended Government peded fnds. funds which were in the hands of the clerks of the district court for the district of Alaska at the close of January twenty-sixth, nineteen hundred and five, shall.be available for the payment of court expenses in so far as they were available by virtue of then existing law, notwithstanding the provisions of the Act of January twenty-seventh, nineteen hundred and five, entitled "An Act to provide for the construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes." * * * * * Mar. 3, 1905. CHAP. 1491.-An Act To amend an Act entitled "An Act to [.7012.] provide for the construction and maintenance of roads, the estab[Public, No. lishment and maintenance of schools, and the care and support of 224.] 33 Stat. L., insane persons in the district of Alaska, and for other purposes." pt. 1, p. 1262. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemR o a d 8 bled, That section four of "An Act to provide for the c. construction and maintenance of roads, the establishment and maintenance of schools, and the care and support of insane persons in the district of Alaska, and for other purposes," approved January twenty-seventh, nineteen hundred and five, be, and' the same is hereby, amended so that it shall read as follows: trccthol Id " SEc. 4. That the common council of the incorporated tricts In Incorporated towns towns in said district shall have the power, and it shall to be established by co- be their duty, in their respective towns to establish school mon council. districts, to provide the same with suitable schoolhouses, and to maintain public schools therein and to provide the necessary funds for the schools; but such schools when established shall be under the supervision and control of School board. a school board of three members, consisting of a director, ALASKA. a treasurer, and a clerk, to be elected annually by the vote of all adults who are citizens of the United States or who have declared their intention to become such and who are residents of the school district. The members of said board first elected shall hold their offices for the term of Term of office. One-year term one, two, and three 'years, respectively, and until their added. successors are elected and qualified, and one member of such board shall be elected each year thereafter and shall hold his office for a period of three years and until his successor is elected and qualified; and they shall each, before entering upon the duties of their office, take an oath in writing to honestly and faithfully discharge the duties of their trust. In case a vacancy in the member- Vacancies. ship of said board occurs from death, resignation, removal, or other cause, such vacancy may be filled by a special election, upon ten days' notice, called by the remaining members of the board upon the petition of five qualified voters. All money available for school pur- Expenditures poses, except for the construction and equipment of of school fund. schoolhouses and the acquisition of sites for the same, shall be expended under the direction of said board, and the treasurer of said board shall be the custodian of said money, and he shall, before entering upon the duties of his office, give his bond, with sufficient sureties, to the Bond. school district, in such sum as the common council may direct, and subject to its approval, but not less than twice the amount that may come into his hands as treasurer, conditioned that he will honestly and faithfully disburse and account for all money that may come into his hands as such treasurer. The said board shall have the power to hire and employ the necessary teachers, to provide for Teachers. heating and lighting the schoolhouse, and in general to do and perform everything necessary for the due maintenance of a proper school. CHAP. 1497.-An Act To further prescribe the duties of the Mar. 3, 1905. secretary of the district of Alaska, and for other purposes. [H. R. 17863.] [Public, No. Be it enacted by the Senate and House of Representa- 33 2st0. L. ives of the United States of America in Congress assem- pt. 1, p. 1265. bled, That in case the law requires or authorizes any serv- F e s to be ice to be performed or any act to be done by the secretary paid secretary. of the district of Alaska and there is no provision of law requiring the payment of a fee for such service by the person for whose benefit the same is performed, the Secretary of the Interior may prescribe such fees for said service as he may deem proper. SEC. 2. That all fees received by the secretary of the Alaska H i s - torical Library district of Alaska as such secretary, from every source and Museum. whatsoever, shall be disbursed, on the.order of the gov- Sectrebtea ry's fees to be used ernor of the district of Alaska, for the benefit of the tor. Alaska Historical Library and Museum, as provided in 46 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Bond of secretary. section thirty-two, chapter one, title one, of an Act approved June sixth, nineteen hundred, entitled "An Act making further provision for a civil government for Alaska, and for other purposes; " and all such receipts and disbursements shall be accounted for in the manner prescribed in said section. SEC. 3. That the secretary of the district of Alaska, before entering upon the duties of said office, shall execute a bond with sufficient sureties, to be approved by the Secretary of the Interior, and in such penal sum as the Secretary of the Interior may prescribe, conditioned upon the safe-keeping, faithful' disbursement, and proper accounting for all moneys from whatsoever source which may come into his hands as such secretary. ARMY AND NAVY. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [H. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 22.] 33 Stat. L., Be it enacted by the Senate and House of Representa- P 1 P tives of the United States of America in Congress assembled, That the following sums be, and the same are urgent deflhereby, appropriated, out of any money in the Treasury priations. not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * MILITARY ESTABLISHMENT. UNDER THE CHIEF SIGNAL OFFICER. For the purchase of supplies and equipments for use in Military telethe construction, maintenance, and repair of military graph lines. telegraph lines in Alaska, two thousand five hundred dollars. * * * * * NAVAL ESTABLISHMENT. * * * * * Bringing home remains of officers and men, Navy and B r i n g I n g Marine Corps, who die abroad: To enable the Secretary from abroad. of the Navy, in his discretion, to cause to be transported to their homes the remains of officers and enlisted men of the Navy and Marine Corps who die or are killed in action, ashore or afloat, outside of the continental limits of the United States, fifteen thousand dollars: Provided, Prova.ie unThat the sum herein appropriated shall be available for tii used. transportation of the remains of officers and men who have died or who have been killed while on duty at any 47 48 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. time since April twenty-first, eighteen hundred and ninety-eight, and shall be available until used, and applicable to past as well as future obligations. To pay amounts found due by the accounting officers of the Treasury on account of the appropriation for " Bringing home remains of officers and men, Navy and Marine Corps, who die abroad," two hundred and thirtyseven dollars and eight cents. PUBLIC WORKS, NAVY DEPARTMENT. NAVY-YARDS AND STATIONS. Cavite, P. I. Naval Station, Cavite, Philippine Islands: For extension of construction and repair joiner shop, two thousand eight hundred dollars. UNDER THE SECRETARY OF THE NAVY. Gubantanamo, For necessary expenditures incident to the occupation and utilization of the naval station at Guantanamo, Cuba, to be used for such purposes as the Secretary of the Navy may direct, two hundred thousand dollars. JUDGMENTS, COURT OF CLAIMS. (Bounty for destruction of enemy's vessels. See p. 79.) Apr. 21,1904. CHAP. 1403.-An Act To amend section twelve hundred and [. 1399.1 twenty-five of Revised Statutes, so as to provide for detail of re[Public, No. tired officers of the Army and Navy to assist in military instruc126.1 tion in schools. 33 Stats. L., 1 p 2 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMilitary in - bled, That section twelve hundred and twenty-five of the schools.on nRevised Statutes, concerning the detail of officers of the aetired arm!y Army and Navy to educational institutions, be, and the and navy omcers may be de-same is hereby, amended so as to permit the President to tailed to assist in. detail under the provisions of that Act, and in addition to the detail of the officers of the Army and Navy now authorized to be detailed under the existing provisions of said Act, such retired officers and noncommissioned officers of the Army and Navy of the United States as in his judgment may be required for that purpose to act as instructors in military drill and tactics in schools in the United States and Territories where such instructions shall have been authorized by the educational authorities thereof, and where the services of such instructors shall have been applied for by said authorities. ARMY AND NAVY. 49 SEC. 2. That no detail shall be made under this Act to s h o o ls to any school unless it shall pay the cost of commutation of pay extra c quarters of the retired officers or noncommissioned officers detailed thereto and the extra-duty pay to which they may be entitled by law to receive for the performance of special duty: Provided, That no detail shall be made Provisos. under the provisions of this Act unless the officers andcompulsory.n noncommissioned officers to be detailed are willing to accept such position: Provided further, That they shall receive no compensation from the Government other than compensa-.. tion. their retired pay. SEC. 3. That the Secretary of War is authorized to tOrdnance, etc., issue auissue at his discretion, and under proper regulations to be thorized. prescribed by him, out of ordnance and ordnance stores belonging to the Government, and which can be spared for that purpose, upon the approval of the governors of the respective States and Territories, such number of the same as may be required for military instruction and practice by such school, and the Secretary shall require a bond in each tase, for double the value of the property, Bond. for the care and safe-keeping thereof and for the return of the same when required. SEC. 4. That this Act shall take effect immediately. Efect CHAP. 1404.-An Act To recognize and promote the efficiency Apr. 21, 1904. of army chaplains. [S. 2424.] [Public, No. Be it enacted by the Senate and House of Representa- 33 S2tats. L., tives of the United States of America in Congress assem- pt. 1, p. 226. bled, That hereafter the President may, from time to time, Army.t select from among the chaplains of the Army any chap- chaplains in. lains having not less than ten years' service, in the grade of captain, who shall have been commended as worthy of special distinction for exceptional efficiency by the regimental or district commanders with whose commands they may be serving as chaplains, approved through regular military channels, and may, with the advice and consent of the Senate, promote such regimental or artillery chaplains to be chaplains with the grade, pay, and allowances of major; every such promotion being made with a view to active service until the statutory age for the compulsory relinquishment thereof, except in cases of physical disability incurred in the line of duty: Provided, Provisos. That the total number in active service so promoted shall Limit. not at any time exceed fifteen, and that the remaining chaplains shall have the grade, pay, and allowances of captain, mounted, after they shall have completed seven years of service: And provided further, That all persons Grade of new who may hereafter be appointed as chaplains shall have appointees. the grade, pay, and allowances of first lieutenant, mounted, until they shall have completed seven years of service. 50 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Officia! title. SEC. 2. That all officers provided for in this Act shall have a uniform designation in official address as chaplains of their respective regiments or of the Artillery Corps. Assignments, SEC. 3. That nothing in this Act shall be construed as depriving any chaplain of his commission in the Armyv. or as interfering with existing law pertaining to regimental and corps assignments or transfers, and that nothing herein contained shall be held or construed to increase the number of chaplains, as now authorized by law, or to reduce the grade of any now serving. Repeal. SEC. 4. That all laws and parts of laws inconsistent with the provisions of this Act be, and the same are hereby, repealed. Apr. 21, 1904. CHAP. 1407.-An Act Making appropriations for fortifications [H. R. 12446.] and other works of defense, for the armament thereof, for the [Public, No. procurement of heavy ordnance for trial and service, and for 130.] other purposes. 33 Stats. L., pt. 1, p. 334. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asema ~rtiications ed That the sums of money herein provided for be, and the same are hereby, appropriated, out of any moneys in the Treasury not otherwise appropriated, to be available until expended, namely: FORTIFICATIONS IN INSULAR POSSESSIONS. Seacoast bat- For construction of seacoast batteries in the insular possessions, seven hundred thousand dollars. waiite a- For procurement of land needed as sites for the defenses of the Hawaiian Islands, two hundred thousand dollars. s e a c o a s t For the purchase, manufacture, test, and issue, for the insular possessions, of seacoast guns and their mounts, including sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, one hundred and seventy-eight thousand nine hundred and twenty dollars. Seacoast mor- For the purchase, manufacture, test, and issue, for the insular possessions, of seacoast mortars, with their mounts, including sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, seventy-eight thousand dollars. R a p id-fire For the purchase, manufacture, test, and issue of rapidguns. fire guns for coast defense for the insular possessions, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, one hundred and sixty-two thousand dollars. * * * * * ARMY AND NAVY. 51 CHAP. 1485.-An Act Making appropriation for the support of Apr. 23,1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670.3 dred and five, and for other purposes. [Public, No. 149.] Be it enacted by the Senate and House of Representa- 33 Stat. pL. tires of the United States of America in Congress assermbled, That the following sums be, and they are hereby,priatlons. appropriated out of any money in the Treasury not otherwise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and five: * * * * * UNDER THE CHIEF OF ARTILLERY. *. * * * For contingent expenses of the military information Military I n - formation dividivision, General Staff Corps, including the purchase of sion. law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attaches at the United States embassies and legations abroad, and of the branch office of the Military Information Division at Manila, to be expended under the direction of the Secretary of War, ten thousand dollars: Provided, That section thirty-six hundred and forty- Proviso. eight, Revised Statutes, shall not apply to subscriptions topuberiptons for foreign and professional newspapers and periodicals to be paid for from this appropriation. * * * * * OFFICE OF THE CHIEF SIGNAL OFFICER. SIGNAL SERVICE OF THE ARMY: For expenses of the Sig- Expenses. nal Service of the Army, as follows: Purchase, equipment, and repair of field electric telegraphs, signal equipments and stores, binocular glasses, telescopes, heliostats, and other necessary instruments, including necessary meteorological instruments for use on target ranges; war balloons; telephone apparatus (exclusive of exchange service) and maintenance of the same; electrical installations and maintenance at military posts; maintenance and repair of military telegraph lines and cables, including salaries of civilian employees, supplies, and general repairs, and other expenses connected with the duty of collecting and transmitting information for the Army, by telegraph or otherwise, two hundred and eight thousand five hundred dollars; for completing the purchase, installation, operation, and maintenance of a submarine military cable from Sitka, Alaska, to Fort Liscum, Alaska, Alaska millconnecting by an all-American route the headquarters of tary cable the Department of Columbia with the military garrisons in southeastern Alaska, as authorized by the Act of Congress approved March second, nineteen hundred and three, three hundred and twenty-one thousand five hundred and eighty dollars.: * *. * 52 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. FOR PAY OF OFFICERS OF THE STAFF CORPS, DIVISIONS AND DEPARTMENTS. A d J u t an t- ADJUTANT-GENERAL'S DEPARTMENT: For pay of officers General's D e - partment. in the Adjutant-General's Department, eighty-three thousand five hundred dollars. * * * * * That the officers of the Adjutant-General's Department, Military, Sec-except the Adjutant-General, and the officers of the Recretary s De- Adp partment. ord and Pension Office shall hereafter constitute one deMerger of Ad-r, jutant-Gen er- partment of the Army, to be known as the Military Seca's Depart- retary's Department; and the Adjutant-General's Office ment and Rec-, d t ord and Pen-and the Record and Pension Office, heretofore constision office into.tutin bureaus of the War Department, shall hereafter idted. n constitute a consolidated bureau to be known as the Miliromoton, tary Secretary's Office of the War Department. The etc., o officers.officers so consolidated shall be borne on one list in the order of rank held by them, and those of them who hold permanent appointments as officers of the Adjutant-General's Department or of the Record and Pension Office shall be entitled to promotion below the grade of brigadier-general, as now provided by law and in the order of their standing on said list. Except as otherwise provided herein, the laws now in force shall continue to govern the appointment, promotion, and detail of all officers of the consolidated department hereby created: Provided, That Provisos, the officers of the said consolidated department shall be fUnder chiefsubject to the supervision of the Chief of Staff in all matters pertaining to the command, discipline, or administration of the existing military establishment: ProReduction invided further, That no appointments or details to the assistant ajnr-grade of assistant adjutant-general with the rank of taut - general's grade. major shall be made until the number of officers of that grade shall be reduced to less than ten, and thereafter the number of officers of said grade in the consolidated Military ee- department shall be ten: Provided further, That of the retary. officers consolidated as hereinbefore provided the senior general. main rank, who shall be chief of the consolidated department and the title of whose office is hereby changed to that of the military secretary, shall hereafter have the Second officer tobe brigader rank of major-general, and the second senior of said general. officers shall hereafter have the rank of brigadier-general: Provided further, That when the office of Military aubsequentSecretary with the rank of major-general shall hereafter become vacant,, it shall not be filled with said rank, and thereafter the chief of the Military Secretary's Department shall have the rank of a brigadier-general with the title of The Military Secretary, and there shall be only one officer above the rank of colonel in the said department. Except as hereinafter provided, the remaining offices of the consolidated department shall retain the titles that they now bear: Provided further, That when ARMY AND NAVY. 53 the office of Adjutant-General shall become vacant the Vacancy in Adjutant- envacancy so created on the active list of the Army shall eral not to be not be filled, and thereafter the several officers now desig- filure titles nated by the title assistant adjutant-general and by theof officers. titles assistant chief of the Record and Pension Office shall be designated by the title Military Secretary: Provided further, That the chief of the Military Secretary's Sol d ers' Department shall be a member of the Board of Commis- Home service. sioners of the United States Soldiers' Home. That section twenty-two of the Act approved February second, nineteen hundred and one, entitled "An Act to increase the efficiency of the permanent military establishment of the United States, be, and the same is hereby, amended so that it shall read as follows: " SEc. 22. That the Corps of Engineers shall consist of Corps of Enone Chief of Engineers with the rank of brigadier-gen- ginrber o eral, of ten colonels, sixteen lieutenant-colonels, thirty- f ie r s intwo majors, forty-three captains, forty-three first lieutenants, and forty-three second lieutenants. The enlisted force provided in section eleven of this Act, and the officers serving with the organized battalions thereof, shall constitute a part of the line of the Army: Provided, That Proviso. the Chief of Engineers shall be appointed as now pro- cFillngvacan. vided by law, and hereafter vacancies in the Corps of Engineers in all other grades above that of second lieutenant shall be filled by promotion, according to seniority, from the Corps of Engineers. Any vacancies occurring at any time in the grade of second lieutenant shall be left for future promotions from the corps of cadets at the United States Military Academy." * * *. * * RETIRED OFFICERS. For pay of officers on the retired list and for officers omfcers. who may be placed thereon during the current year, one million nine hundred and forty-four thousand nine hun- Promotion for civil war servdred dollars and ninety-five cents. That any officer of ice. the Army below the grade of brigadier-general who served with credit as an officer or as an enlisted man in the regular or volunteer forces during the civil war prior to April ninth, eighteen hundred and sixty-five, otherwise than as a cadet, and whose name is borne on the official register of the Army, and who has heretofore been, or may hereafter be, retired on account of wounds or disability incident to the service, or on account of age or after forty years' service, may, in the discretion of the President, by and with the advice and consent of the Senate, be placed on the retired list of the Army with the rank and retired pay of one grade above that actually held by him 3449-07 — 54 LAWS RELATING TO INSULAR AND MIITARY AFFAIRS. Protion. at the time of retirement: Provided, That this Act shall not apply to any officer who received an advance of grade since the date of his retirement or who has been restored to the Army and placed on the retired list by virtue of the provisions of a special Act of Congress; and the SectoAssnmentretary of War may assign retired officers of the Army, with their consent, to active duty in recruiting, for service in connection with the organized militia in the several States and Territories upon the request of the governor thereof, as military attaches, upon courts-martial, courts of inquiry and boards, and to staff duties not involving P ay ledtC.,service with troops; and such officers while so assigned shall receive the full pay and allowances of their respective grades. * * * * * RETIRED ENLISTED MEN. E n I I s t e d For pay of the enlisted men of the Army on the retired list, eight hundred and two thousand four hundred and Allowancefor ninety-eight dollars: Provided, That hereafter in coms e r v I c e I n puting the length of service for retirement, credit shall be given soldiers for double the time of their actual service in China, Cuba, the Philippine Islands, the Island of Guam, Alaska, and Panama; but double credit shall Porta Rico ex- not be given for service hereafter rendered in Porto Rico cepted. or the Territory of Hawaii. MISCELLANEOUS. * * * * * Contract sur- For two hundred and fifty contract surgeons, four hungeons. Provisos. dred and fifty thousand dollars: Provided, That herepay nsular, after contract surgeons and cbntract dental surgeons on etc.. duty. duty in Alaska, Hawaii, the Philippine Islands, and Porto Rico may transfer or assign their pay accounts, when due and payable, in the methods now provided by Authority. regulations for commissioned officers of the Army: Provided, That when a contract surgeon is in charge of a hospital he shall have the same authority as a commissioned medical officer. Twenty p e r For additional twenty per centum increase on pay of enlisted men. enlisted men serving in thnePhilippine Islands, the Island of Guam, Alaska, China, and Panama, five hundred and thirty-three thousand four hundred and twelve dollars and fifty-one cents. Ten per cent For additional ten per centumr increase on pay of comincreas e off missioned officers serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, one hun ARMY AND NAVY. 55 dred and sixty-seven thousand four hundred and twentysix dollars and thirty cents. * * * * * For Porto Rico Provisional Regiment of Infantry, Porto Rico composed of two battalions of four companies each, toPRegt.lit.al include the enlisted men of the present regiment who may be in the service June thirtieth, nineteen hundred and four, and officers as herein provided. The field'offi- Field officers. cers shall be detailed from the officers of tie Regular Army of the same grade and shall receive the pay and emoluments of their grade. The present officers of the Reappointregiment below the grade of field officers who are men- ent officers.8 tally, morally, and physically qualified and have proved efficient in their respective positions may be reappointed by the President, by and with the advite and consent of the Senate (and such officers shall be entitled to preference in such appointments) for a provisional term of four years. Officers so reappointed shall be eligible for promotion in the regiment up to and including the rank of captain, upon examination as to their fitness for such promotion. Vacancies then existing or thereafter occur- Futurevacanring in the grade of second lieutenant may be filled by the cles. President, in his discretion, by and with the advice and consent of the Senate, by the appointment of citizens of Porto Rico for the provisional term of four years, whose qualifications for commissions shall be established by such examination as the President may prescribe, who shall also be eligible for promotion in the regiment up to and including the rank of captain, upon an examination as to their fitness. Vacancies not filled as hereinbefore provided by the reappointment or promotion of the present officers or by the appointment or promotion of citizens of Porto Rico, shall be filled by detail from the line of the infantry of the Army of the same grade with the vacancy to be filled. Men hereafter enlisted in the regiment shall Enlistments. be citizens of Porto Rico and shall be enlisted for a term of two years; and except in the case of noncommissioned officers shall not be reenlisted in time of peace. The names of all enlisted men who have served honorably in the regiment shall be kept at the headquarters of the regiment, and these men shall be regarded as a reserve, to be specially considered in time of war. The pay and allow- Pay, etc. ances of officers and enlisted men of the regiment shall be the same as authorized for like grades in the Regular Army. * * * * * PHILIPPINE SCOUTS. Pay of officers of the line: Fifty first lieutenants, eighty Philippine thousand dollars. 56 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Fifty second lieutenants, seventy-five thousand dollars. Noncommissioned officers and privates, fifty companies, four hundred and ninety-six thousand four hundred and forty dollars. Pay accounts. All the money hereinbefore appropriated for pay of the Army and miscellaneous shall be disbursed and accounted for by officers of the Pay Department as pay of the Army, and for that purpose shall constitute one fund: Proviso8o exPI'rovided, That hereafter all payments to the militia unpenses. der the provisions of section fifteen of the Act of Congress approved January twenty-first, nineteen hundred and three, and all allowances for mileage shall be made solely from the sums herein appropriated for such purRecord, etc.,poses: And provided further, That all the accounts of of accounts bypamsesnlyd P ay m a s te r -individual paymasters shall be analyzed under the several General. heads of the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit. * * * * * QUARTERMASTER 'S DEPARTMENT. * * * * * Philippine Is- BARRACKS AND QUARTERS, PHILIPPINE ISLANDS: Conlands. Buildings, etc. tinuing the work of providing for the proper shelter and protection of officers and enlisted men of the Army of the United States lawfully on duty in the Philippine Islands, including the acquisition of title to building sites when necessary, and including also shelter for the animals and supplies, and all other buildings necessary for post administration purposes, three hundred and sixty-five thousand five hundred and ninety dollars. * * * * * Sale of trans- TRANSPORTATION OF THE ARMY AND ITS SUPPLIES: * * * ed. (no steamship in the transport service of the United States shall be sold or disposed of without the consent of Congress having been first had or obtained); * * * * * * X* Alaska. For a survey and estimate of cost of a wagon road from Road, Valdez to Fort Egbert. Valdez to Fort Egbert on the Yukon River, to be made under the direction of the Secretary of War, twenty-five thousand dollars, to be immediately available; said survey and estimate, herein provided, shall be submitted to Congress at the earliest practicable day. Trail between For surveying and locating a military trail, under the Yukon RIv e r and Coldfoot. direction of the Secretary of War, by the shortest and most practicable route, between the Yukon River and Coldfoot, on the Koyukuk River, twenty-five hundred dollars, to be immediately available, and a report and estimate upon said trail to be submitted to Congress at the earliest practicable day. * * * * * ARMY AND NAVY. 57 ORDNANCE DEPARTMENT. * * * * * All funds received as the value of military stores trans- Pndes from ferred by the several staff departments of the Army to ferred to Philthe Insular Department of the Philippines shall be depos- ipines ited in the Treasury of the United States and remain available during the fiscal year nineteen hundred and five for.the procurement of like military stores to replace those so transferred. * * * * * The Secretary of War is authorized, if in his judgment Settle1m en t the conclusion be an equitable one, to declare the existing pine governopen accounts between the civil government of the Phil- iuncIet trfnsr ippine Islands and the Government of the United States ferred. to be settled and satisfied and to direct the transfer of the title of the following launches: The Lexington, Leader, Frankfort, San Antonio, Guy Howard, Ogden, Sultana, Troy, Philadelphia, Johnny, Q. M. D., Julia Suerte, and Pittsburg to the Philippine government, and to direct that the same be dropped from the returns of the Quartermaster's Department. The order of the Secretary of Closing of acWar in this behalf, with respect to the accounts of the counts. Ordnance, the Subsistence, the Quartermaster's, and the Signal Corps shall be taken as a balancing and final adjustment and settlement of such accounts. * * * * * CHAP. 1622.-An Act Making appropriations for the naval Apr. 27, 1904. service for the fiscal year ending June thirtieth, nineteen hun- fH. R. 12220.] dred and five, and for other purposes. [Public, No. 181.] Be it enacted by the Senate and House of Representa- p33, tats. L. tives of the United States of America in Congress assembled, That the following sums be, and they are hereby, aroval service appropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and five, and for other purposes. BUREAU OF EQUIPMENT. * * * * * Naval station, Cavite, Philippine Islands: One master Cavite, P. I. electrician, at six dollars per diem (in lieu of one electrician, at five dollars and four cents per diem, now appropriated for), one thousand eight hundred and seventy 58 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. eight dollars; one clerk, one thousand dollars; in all, two thousand eight hundred and seventy-eight dollars; * * * * * BUREAU OF YARDS AND DOCKS. * * * * * San Juan, Naval station, San Juan, Porto Rico: One clerk, one P. R. thousand two hundred dollars; one writer, commandant's office, nine hundred and sixty dollars; one mail inessenger, four hundred and twenty dollars; one foreman, one thousand one hundred dollars; in all, three thousand six hundred and eighty dollars; Hawaii. Naval station, Hawaii: One writer, at one thousand and seventeen dollars and twenty-five cents per annum; one messenger, at two dollars per diem, including Sundays; in all, one thousand seven hundred and forty-seven dollars and twenty-five cents; Cavite, P. I. Naval station, Cavite, Philippine Islands: One clerk, one thousand two hundred dollars; one time clerk, four hundred and eighty dollars; one writer, three hundred and sixty dollars; one messenger, two hundred and forty dollars; one messenger, one hundred and eighty dollars; one clerk, commandant's office, seven hundred and twenty dollars; one messenger, commandant's office, one hundred and eighty dollars; in all, three thousand three hundred and sixty dollars; Guam. Naval station, Guam: One clerk, one thousand six hundred dollars; one foreman machinist, one thousand six hundred dollars; one messenger and janitor, six hundred dollars; in all, three thousand eight hundred dollars; * * * * * PURLIC WORKS, BUREAU OF YARDS AND DOCKS, NAVY-YARDS AND STATIONS, NAVAL ACADEMY, AND NEW NAVAL OBSERVATORY. * * * * * G uantanamo, NAVAL STATION, GUANTANAMO, CUBA: Dry dock, two hundred thousand dollars; dredging at Toro Key, fofty thousand dollars; sea wall at Toro Key, seventy-five thousand dollars; reservoir and water system, fifty thousand dollars; clearing and grading, twenty thousand dollars; in all, three hundred and eighty-five thousand dollars. Tutulla. NAVAL STATION, TUTUILA: New deck for wharf, five thousand dollars; in all, naval station, Tutuila, five thousand dollars. Cavite, P. I. NAVAL STATION, CAVITE, PHILIPPINE ISLANDS: Floating steel dry dock, to continue, seven hundred and twentyfive.thousand dollars; for improving and enlarging naval ARMY AND NAVY. 59 prison, ten thousand dollars; in all, seven hundred and thirty-five thousand dollars. NAVAL STATION, OLONGAPO, PHILIPPINE ISLANDS: T 0 o n gapo, complete survey of reservation, twenty thousand dollars; Istablishing for repairing buildings erected by the Spaniards for tern-naval station. porary use as shops, storehouses, offices, and so forth, twenty-five thousand dollars; toward building one thousand seven hundred and fifty feet of quay wall, at one hundred and forty-four dollars per foot (one-fourth), sixty-three thousand dollars; commandant's quarters, nine thousand dollars; three officers' quarters, eighteen thousand dollars; toward constructing Marine barracks and outbuildings, fifty thousand dollars; Marine officers' quarters, six thousand dollars; dredging entrance to basin-channel four hundred by thirty-five feet deep, about twenty-five thousand cubic yards, at thirty cents, seven thousand five hundred dollars; dredging in basin in front of quay walls, one hundred and sixty thousand cubic yards, at thirty cents, for floating dock, forty-eight thousand dollars; water supply from brick-yard springs (capacity fifty thousand gallons in ten hours), eleven thousand feet four-inch galvanized-iron pipe, forty-seven and one-half cents per foot, five thousand two hundred and twenty-five dollars; valves and fittings, two hundred and fifty dollars; freight and transportation, seven hundred and twenty dollars; distribution in the yard, one thousand five hundred dollars; laying pipes, three thousand two hundred dollars; temporary reservoir, forty by forty by ten feet, capacity one hundred thousand gallons, five thousand dollars; one pier for use in landing and receiving stores for immediate use, one hundred thousand dollars; toward coaling plant, five hundred thousand dollars; in all, eight hundred and sixty-two thousand three hundred and ninety-five dollars. The Secretary of the Navy is hereby authorized, in his Power plants., ~.,, i ~,. Consolidation discretion, to consolidate the several power plants in anyand transfer to or all of the several navy-yards and stations at each yB rds aofd navy-yard and station under the Bureau of Yards andDocks. Docks for the generation and distribution of light, heat, and power for all the purposes of the Navy. To the above end all such plants may be transferred from other bureaus to the Bureau of Yards and Docks, and all appropriations heretofore made for power houses and power plants for bureaus other than Yards and Docks are hereby reappropriated and made available tinder the Bureau of Yards and Docks for the consolidations herein provided for; and to further carry out the purposes of this provision there is hereby appropriated the sum of three hundred thousand dollars. * * * * * 60 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. PUBLIC WORKS, BUREAU OF ORDNANCE. * * * * * Philippines. NAVAL MAGAZINES, PHILIPPINE ISLANDS: Powder magNaval maga- azines, shell and filling houses, and so forth, fifty thousand dollars; * * * * * PUBLIC WORKS UNDER BUREAU OF MEDICINE AND SURGERY. Canacao,P.I., NAVAL HOSPITAL, CANACAO, PHILIPPINE ISLANDS: Naval hospital. hospital at Canacao, Philippine Islands, to complete, sev enty thousand dollars. SUPPLIES AND ACCOUNTS. PROVISIONS, NAVY: For provisions and commuted raProvi8o. tions for the seamen and marines, * * * Provided, Sale to civil- That pay department stores may be sold to civilian emIan employs. ployees at naval stations beyond the continental limits of the United States and in Alaska, under such regulations as the Secretary of the Navy may prescribe. * * * * * Cavite, P. I. Naval station, Cavite, Philippine Islands: In general storehouses: One clerk, at one thousand six hundred dollars; one bookkeeper, at one thousand four hundred dollars; three assistant bookkeepers, at one thousand two hundred dollars each, three thousand six hundred dollars; one shipping and bill clerk, at one thousand two hundred dollars; three storekeepers, at one thousand.dollars each, three thousand dollars; one receiving clerk, at one thousand two hundred dollars; one shipping clerk, at one thousand dollars; one assistant clerk, at one thousand dollars; two store men, at nine hundred dollars each; in all, fifteen thousand eight hundred dollars; * * * * *X,. BUREAU OF CONSTRUCTION AND REPAIR..,,* * * Cavite, P. I. Naval station, Cavite, Philippine Islands: One clerk to naval constructor, one thousand four hundred dollars; two clerks, at one thousand two hundred dollars each, two thousand four hundred dollars; * * * * a MARINE CORPS. * * * * * In the office 0f the assistant quartermaster, Washington, District of Columbia, or San Francisco, California: Two clerks, at one thousand four hundred dollars each; two ARMY AND NAVY. 61 clerks, additional, for duty in the Philippines-one in Pay and one in Quartermaster's Department-at one thousand four hundred dollars each. * * * * * PROVISIONS, MARINE CORPS: * * * Provided, how- Proviso. Navy ration ever, That when it is impracticable or the expense is or commutafound greater to supply marines serving on shore duty ton. in the island possessions and on foreign stations with the army ration, such marines may be allowed the navy ration or commutation therefor. * * * * * FOR REPAIRS OF BARRACKS, MARINE CORPS: Repairs and Repairs of improvements to barracks and quarters at * * * andarracks. Sitka, Alaska; for the renting, leasing, improvement, and erection of buildings in Porto Rico, the Philippine Islands, at Guam, and at such other places as the public exigencies require; * * * * * That officers of the Marine Corps with creditable records c r e d i t for l civil war servwho served during the civil war shall, when retired, be ice on retireretired in like manner and under the same conditions as ment. provided for officers of the Navy who served during the civil war. * * * * * PUBLIC WORKS, MARINE CORPS. * * * * * Construction and equipment of a cold-storage and ice plant, Olongapo, Philippine Islands, five thousand dollars; * * * * * * CHAP. 1630.-An Act Making appropriations to supply de- Apr. 27, 1904. ficiencies in the appropriations for the fiscal year ending June thir- [H. R. 15054.] tieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189. ] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 394. tives of the United States of America in Congress assembled, That the following sums be, and the same are Deficiencies hereby, appropriated, out of any money in the Treasury appropriations. not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * a* NAVAL ESTABLISHMENT. GENERAL ACCOUNT OF ADVANCES: To reimburse "Gen- General a c - eral account of advandes,". created by the Act of June cvount of adnineteenth, eighteen hundred and seventy-eight, for Reimburseamounts advanced therefrom and expended on account 62 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of the several appropriations named in excess of the sums appropriated therefor for the fiscal year given, found to be due the " general account " on adjustment by the accounting officers, there is appropriated as follows: * * * * * Habana dry For dry dock, Habana, Cuba, eighteen thousand seven dock. hundred and thirty-three dollars and eighty-nine cents; MARINE CORPS. * * * * - * M i I itary MILITARY STORES: To reimburse current appropriastores. tions ordnance stores, ammunition and ordnance stores, equipment, Ordnance Department, United States Army, for ordnance stores and ammunition furnished the Marine Corps in the Philippines for the fiscal year nineteen hundred and one, one thousand and seventy-four dollars and fifty cents. Repairs to REPAIRS OF BARRACKS: To reimburse Quartermaster's Department, United States Army, for lumber furnished the Marine Corps at Guam, fiscal year nineteen hundred and one, one thousand and fifty dollars. FORAGE: To reimburse Quartermaster's Department, United States Army, for forage furnished the Marinoe Corps in the Philippines and Guam, fiscal year nineteen hundred and two, two thousand six hundred and twentynine dollars and three cents. CONTINGENT: * * * * * Reimbursing To reimburse Quartermaster's Department, United Army. States Army, for miscellaneous supplies furnished the Marine Corps at Guam, fiscal year nineteen hundred and one, four thousand two hundred and seven dollars and eighty-three cents. PUBLIC WORKS. Repairs and REPAIRS AND PRESERVATION AT NAVY-YARDS: To pay preservation. vouchers numbered twelve, nineteen, thirty-seven, thirtyeight, forty, and forty-one for labor and material for building ice plant, naval station, Guam, procured and purchased during fiscal year nineteen hundred and one, five hundred and twenty-eight dollars and sixty-eight cents. $ * * * * ARMY AND NAVY. 63 CHAP. 1762.-An Act Making appropriations for sundry civil Apr. 28, 1904. expenses of the Government for the fiscal year ending June thir- [H. R. 14416.] tieth, nineteen hundred and five, and for other purposes. [Public, No. 194.] Be it enacted by the Senate and House of Representa- pt33,, 452L. tives of the United States of America in Congress assem- Sundry civil bled, That the following sums be, and the same are expenses a phereby, appropriated, for the objects hereinafter ex- propriations. pressed, for the fiscal year ending June thirtieth, nineteen hundred and five, namely: * * * * * UNDER THE WAR DEPARTMENT. ARMORIES AND ARSENALS. * * * * * MANILA ORDNANCE DEPOT, MANILA, PHILIPPINE IS- Manila, P. I. LANDS: For completion of a building for office, sixteen thousand dollars. * * * * * NATIONAL CEMETERIES. * * * * * BRINGING HOME THE REMAINS OF OFFICERS AND SOLDIERS B r i n n g h o m e remains WHO DIE ABROAD: To enable the Secretary of War, in his from abroad. discretion, to cause to be transported to their homes the remains of officers and soldiers who die at military camps or who are killed in action or who die in the field or hospital in Alaska and at places outside of the limits of the United States, or who die while on voyage at sea, forty thousand dollars. BRINGING HOME THE REMAINS OF CIVIL EMPLOYEES OF B ri n g n g home remains THE ARMY WHO DIE ABROAD AND SOLDIERS WHO DIE ON of c I v emTRANSPORTS: To enable the Secretary of War, in his dis- ployees andsoldiers dying on cretion, to cause to be transported to their homes the re- transports. mains of civilian employees of the Army who have died, or may hereafter die, while in the employ of the War Department in Cuba, Porto Rico, Hawaii, China, Alaska, and the Philippines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport, and who die while on said transport, five thousand dollars. * * * * * BACK PAY AND BOUNTY: * * * For payment of amounts for arrears of pay and allow- w a r with ances on account of services of officers and men of the Arrears of Army during the war with Spain and in the Philippine pay, etc. Islands that may be certified to be due by the accounting officers of the. Treasury during the fiscal year nineteen 64 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. hundred and five, and that are chargeable to the appropriations that have been carried to the surplus fund, one hundred and fifty thousand dollars. * * * * * Apr. 28,1904. CHAP. 1766.-An Act To require the employment of vessels of [. 2263.] the United States for public purposes. [Public, No. 198.'] Be it enacted by the Senate and House of Representa33 StatL.,' tives of the United States of America in Congress assemAr'my andbled, That vessels of the United States, or belonging to Navysple To be ransthe United States, and no others, shall be employed in the ced in Amer- transportation by sea of coal, provisions, fodder, or supExceptions, plies of any description, purchased pursuant to law, for the use of the Army or Navy unless the President shall find that the rates of freight charges by said vessels are Proviso excessive and unreasonable, in which case contracts shall Charges. be made under the law as it now exists: Provided, That no greater charges be made by such vessels for transportation of articles for the use of the said Army and Navy than are made by such vessels for transportation of like Effect goods for private parties or companies. SEC. 2. That this Act shall take effect sixty days after its passage. RESOLUTIONS. Dec. 17, 1903. [No. 1.] Joint Resolution In relation to commuted rations for [H. J. R. 66.] midshipmen. [Pub. Res., No. [ 1ub.] Resolved by the Senate and House of Representat331 Stats1L.^ tives of the United States of America in Congress assemNat. bled That. Navy. * bted, That the provision under the heading "Supplies tions for mid- and accounts," in the Act making appropriations for the shipmen. naval service for the fiscal year ending June thirtieth, nineteen hundred and four, and for other purposes,; approved March third, nineteen hundred and three, for " Provisions, Navy," shall not be so construed by the accounting officers of the Treasury as to deprive midshipmen of the benefit of commuted rations as provided by section fifteen hundred and seventy-seven of the Revised Statutes. FIFTY-EIGHTH CONGRESS, THIRD SESSION. CHAP. 20.-An Act To fix the rank of certain officers in the Dec. 20, 1904. Army. [S. 2114.] Be it enacted by the Senate and House of Representa- [33Stats. L., tives of the United States 'of America in Congress assem- pt. 1, p. 595. bled, That any second lieutenant of the United States Army. Marine Corps who may have been appointed second tillerydittoute lieutenant of artillery since the second day of February, ants for Marine Corps servnineteen hundred and one, and prior to the passage of ice. this Act, shall, in determining his lineal and relative rank, be entitled to the same credit for prior commissioned service as a lieutenant of volunteers appointed under the Act entitled "An Act to increase the efficiency of the permanent military establishment of the United States," approved February second, nineteen hundred and one. CHAP. 1307.-An Act Making appropriation for the support of Mar. 2, 1905. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 17473.] dred and six. [Public, No. 127.1 Be it enacted by the Senate and House of Representa- 33 Stats. L., tives of the United States of America in Congress assern- pt. 1, p. 827. bled, That the following sums be, and they are hereby, Army approappropriated, out of any money in the Treasury not other- priations wise appropriated, for the support of the Army for the year ending June thirtieth, nineteen hundred and six: * * * * * OFFICE OF THE CHIEF OF STAFF. For contingent expenses of the military information Contingent. division, General Staff Corps, including the purchase of law books, professional books of reference, professional and technical periodicals and newspapers, and of the military attaches at the United States embassies and legations abroad, and of the branch office of the military information division at Manila, to be expended under the direction of the Secretary of War, ten thousand dollars: Provided, That section thirty-six hundred and forty- Proviso. Foreign perieight, Revised Statutes, shall not apply to subscriptions odicals. per for foreign and professional newspapers and periodicals to be paid for from this appropriation. ' 65 66 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. OFFICE OF THE CHIEF SIGNAL OFFICER. * * * * * REPAIR OF DEEP-SEA MILITARY CABLES: * * * Alaska emii- For continuing the cable from Valdez, Prince William Sound, to Seward, at the head of Resurrection Bay, Alaska, ninety-five thousand dollars, or so much thereof as may be necessary, this money to be immediately available. * * * * * FOR PAY OF OFFICERS OF THE STAFF CORPS DIVISIONS, AND DEPARTMENTS. * * * * * Military Sec- MILITARY SECRETARY'S DEPARTMENT: * * * retary's Department. Provided, That any vacancy that shall occur in the office Assistanto f the Assistant Chief of the Record and Pension Office Chief, Record previous to July first, nineteen hundred and five, shall be and Pension office. filled by the appointment of a captain of the line of the Army, and vacancies thereafter occurring shall not be Titles. filled, and the offices now designated by the title of Assistant Chief of the Record and Pension Office and by the title of Assistant Adjutant-General, shall hereafter be designated by the title of Military Secretary. * * * * * RETIRED OFFICERS. * * * * * Novitional Provided, That retired officers of the Army above the pay, etc., when grade of major, heretofore or hereafter assigned to active asigned to ac-duty, shall hereafter receive their full retired pay and shall receive no further pay or allowances from the Exception. United States: Provided further, That a colonel or lieutenant-colonel so assigned shall receive the full pay and allowances of a major on the active list. * * * * * MISCELLANEOUS. * * * * * Twenty p er For additional twenty per centum increase on pay of c e n t increase, enlisted men. enlisted men serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, five hundred and thirty-three thousand four hundred and twelve dollars and fifty-one cents. Ten per cent For additional ten per centum increase on pay of comIncrease, off. p d cers. 'missioned officers serving in the Philippine Islands, the Island of Guam, Alaska, China, and Panama, one hundred and sixty-seven thousand four hundred and twentysix dollars and thirty cents. * *. * * * _ ARMY AND NAVY. 67 For Porto Rico Provisional Regiment of Infantry, PPorti8loic composed of two battalions of four companies each. Regiment. Pay of officers of the line, forty-four thousand four Officers. hundred dollars. For additional pay for length of service, six thousand five hundred dollars. Pay of enlisted men, ninety-five thousand one hundred Enlisted men. and forty-eight dollars. PHILIPPINE SCOUTS. Pay of officers of the line: Fifty first lieutenants, Officers eighty thousand dollars. Fifty second lieutenants, seventy-five thousand dollars. Additional for length of service, thirty-four thousand Longevity. seven hundred and twenty dollars. Noncommissioned officers and privates, fifty companies, sineoncfflcers four hundred and ninety-six thousand four hundred and etc. forty dollars. All the money hereinbefore appropriated for pay f Payaccounts the Army and miscellaneous shall be disbursed and accounted for by officers of the Pay Department as pay of the Army, and for that purpose shall constitute one fund: Provided, That hereafter all the accounts of individual PRreod, etc. paymasters shall be analyzed under the several heads of of accounts. the appropriation and recorded in detail by the Paymaster-General of the Army before said accounts are forwarded to the Treasury Department for final audit, andppaymasters the Secretary of War may hereafter authorize the assign- clerks. ment to duty in the office of the Paymaster-General, not to exceed five paymasters' clerks, now authorized by law. * * * * * QUARTERMASTER'S DEPARTMENT. * * * * * BARRACKS AND QUARTERS, PHILIPPINE ISLANDS: Con- Philippine Istinuing the work of providing for the proper shelter and B u ldings, protection of officers and enlisted men of the Army of the etc. United States lawfully on duty in the Philippine Islands, including the acquisition of title to building sites when necessary, and including also shelter for the animals and supplies, and all other buildings necessary for post administration purposes, two hundred and thirty thousand dollars. * * * * * Sale of transTRANSPORTATION OF THE ARMY AND ITS SUPPLIES: * * * ports restrictand hereafter no steamship in the transport service of the edUnited States shall be sold or disposed of without the consent of Congress having been first had or obtained; * * * * * * * * 68 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ORDNANCE DEPARTMEN T. * * * * * Fnds rfrom All funds received as the value of military stores transferred to Phil-ferred by the several staff departments of the Army to ippine. the Insular Department of the Philippines shall be deposited in the Treasury of the United States and remain.available during the fiscal year nineteen hundred and six for the procurement of like military stores to replace those so transferred. Mar. 3, 1905. CHAP. 1402. -An Act Making appropriations for fortifications [H. R. 17094.] and other works of defense, for the armament thereof, for the pro[Public, No. curement of heavy ordnance for trial and service, and for other 135. purposes. 33 Stats. L., pt. 1, p. 845. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemFortifcations led, That the sums of money herein provided for be, and nthe same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to be available until expended, namely: * * * * * Insular pos- FORTIFICATIONS IN INSULAR POSSESSIONS. sessions. Seacoast bat- For construction of seacoast batteries in the insular teries. possessions, seven hundred thousand dollars. u e a c o a s t For the purchase, manufacture, test, and issue of seacoast cannon for coast defense for the insular possessions, including their carriages, sights, implements, equipments, and the machinery necessary for their manufacture at the arsenals, one hundred and twenty thousand dollars. Proviso. Provided, That the Secretary of War is authorized to arriages. mount two twelve-inch and three ten-inch breech-loading rifles on a corresponding number of carriages for which appropriation was made for the insular possessions in the fortification Act approved April twenty-first, nineteen hundred and four, and in addition thereto two twelveinch and two ten-inch rifles for the carriages for which estimates are now submitted, these guns being surplus on hand in excess of the number of carriages provided for emplacements in the United States. Ammunition. For purchase, manufacture, and test of ammunition for seacoast cannon, for the insular possessions, including the necessary experiments in connection therewith, and the machinery necessary for its manufacture at the arsenals, one hundred thousand dollars. Inspecting n- For purchase, manufacture, and test of inspecting instruments. Range fnd-struments for the manufacture of cannon, carriages, and ers, etc. ammunition; range finders and other instruments for fire control at the fortifications in the insular possessions, ARMY AND NAVY. 69 and the machinery necessary for their manufacture at the arsenals, sixteen thousand dollars. Hereafter all estimates for fortifications for insular Estimates repossessions of the United States shall be made and sub- quired. mitted to Congress showing amount proposed to be expended at each harbor in each insular possession. * * * * * CHAP. 1481.-An Act Making appropriations for the naval Mar. 3, 1905. service for the fiscal year ending June thirtieth, nineteen hun- [H. R. 18467.] dred and six, and for other purposes. [Public, No. 214.] Be it enacted by the Senate and House of Representa- St p t. L.,O2 tires of the United States of America in Congress asserm- Naval servbled, That the following sums be, and 'they are hereby, ti appropraappropriated, to be paid out of any money in the Treasury not otherwise appropriated, for the naval service of the Government for the year ending June thirtieth, nineteen hundred and six, and for other purposes. * * * * * BUREAU OF 9EQUIPMENT. * * * * * OCEAN AND LAKE SURVEYS: Hydrographic surveys, and a c e a y and for the purchase of nautical books, charts, and sailinglke surveys. directions, and express charges on the same, seventy-five thousand 'dollars: Provided, That of the above, a sum not Proviso. exceeding one thousand five hundred dollars may be ex- Welles Harbor, pended by the Secretary of the Navy in procuring a sur- idw a y Isvey and estimate of cost for a channel into Welles Harbor, Midway Islands. Naval station, Cavite, Philippine Islands: One master Cavite, P. I. electrician, one thousand eight hundred and seventy-eight dollars; one clerk, one thousand dollars; in all, two thousand eight hundred and seventy-eight dollars; BUREAU OF YARDS AND DOCKS. * * * * * Naval station, San Juan, Porto Rico: One clerk, one San Juan, thousand two hundred dollars; one writer, commandant's P. R. office, nine hundred and sixty dollars; one mail messenger, four hundred and twenty dollars; one foreman, one thousand one hundred dollars; in all, three thousand six hundred and eighty dollars; Naval station, Hawaii: One writer, at one thousand Hawaii. and seventeen dollars and twenty-five cents per annum; one messenger, at two dollars per diem, including Sundays; in all, one thousand seven hundred and forty-seven dollars and twenty-five cents; 3449-07 7 70 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Cavite, P. Iv Naval station, Cavite, Philippine Islands: One clerk, one thousand two hundred dollars; one time clerk, four hundred and eighty dollars; one writer, three hundred and sixty dollars; one messenger, two hundred and forty dollars; one messenger, one hundred and eighty dollars; one clerk, commandant's office, seven hundred and twenty dollars; one messenger, commandant's office, one hundred and eighty dollars; in all, three thousand three hundred and sixty dollars. Guam. Naval station, Guam: One clerk, one thousand six hundred dollars; one foreman machinist, one thousand six hundred dollars; one messenger and janitor, six hundred dollars; in all, three thousand eight hundred dollars;.* * * * * PUBLIC WORKS1 BUREAU OF YARDS AND DOCKS. * * * * * Tutuila. NAVAL STATION, TUTUILA, SAMOAN ISLANDS: Lumber shed, five hundred dollars; boathouse, five hundred dollars; in all, naval station, Tutuila, one thousand dollars. O 1ong apo, NAVAL STATION, OLONGAP6, PHILIPPINE ISLANDS: ReRpa.rs etc. pairs to existing buildings, twenty-five thousand dollars; drainage canal to complete, twenty-five thousand dollars; water system, to extend, twenty thousand dollars; roads and bridges, five thousand dollars; sewer system, fifteen thousand dollars; tools for general use, two* thousand dollars; hoisting machinery, four thousand dollars; rock crusher and appurtenances, four thousand dollars; in all, one hundred thousand dollars. Guam. NAVAL STATION, ISLAND OF GUAM: Dredging, five thousand dollars; extension of naval-station roads, five thousand dollars; in all, ten thousand dollars. * * * * * BUREAU OF SUPPLIES AND ACCOUNTS. * * * * * Cavite, P. I. Naval station, Cavite, Philippine Islands: In general storehouses: One clerk, at one thousand six hundred dollars; one bookkeeper, at one thousand four hundred dollars; three assistant bookkeepers, at one thousand two hundred dollars each, three thousand six hundred dollars; one shipping and bill clerk, at one thousand two hundred dollars; three storekeepers, at one thousand dollars each, three thousand dollars; one receiving clerk, at one thousand two hundred dollars; one shipping clerk, at one thousand dollars; one assistant clerk, at one thousand dollars; two store men, at nine hundred dollars each; in all, fifteen thousand eight hundred dollars; * * * * * ARMY AND NAVY. 71 BUREAU OF CONSTRUCTION AND REPAIR. Naval station, Cavite, Philippine Islands: One clerk Cavite, r. r. to naval constructor, one thousand four hundred dollars; two clerks, at one thousand two hundred dollars each, two thousand four hundred dollars; in all, three thousand eight hundred dollars. * * * * * MARINE CORPS. * * * * * PAY OF CIVIL FORCE: * * * In the office of the assistant quartermaster, Washing- Quartermaston, District of Columbia, or San Francisco, California: ers oce Two clerks, at one thousand four hundred dollars each; two clerks, additional, for duty in the Philippines-one in Pay and one in Quartermaster's Department, at one thousand four hundred dollars each; * * * * * FOR REPAIRS OF BARRACKS, MARINE CORPS: Repairs and Repairs o f improvements to barracks and quarters at * * * andbarracks. Sitka, Alaska; for the renting, leasing, improvement, and erection of buildings in Porto Rico, the Territory of Hawaii, the Philippine Islands, at Guam, and at such other places as the public exigencies require; * * * * * * * * CHAP. 1482.-An Act Making appropriations for the con- Mar. 3,1905. struction, repair, and preservation of certain public works on [H. R. 18809.] rivers and harbors, and for other purposes. [Public, No. 215.] Be it enacted by the Senate and House of Representa- pt.3, Sp. 117 tires of the United States of America in Congress assembled, That the following sums of money be, and are Rivers and hereby, appropriated, to be immediately available, and harbors aproto be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * SEC. 9. See p. 37. MIDWAY ISLANDS * * MIDWAY ISLANDS. Welles Harbor, Midway Islands. 72 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1905. CHAP. 1483.-An Act Making appropriations for sundry civil [H. R. 18969.] expenses of the Government for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and six, and for other purposes. 216.] pt. 1, p. 156.' Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemSundry civil bled That the following sums be, and the same are expenses, appropriations. hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and six, namely: * * * * * UNDER THE WAR DEPARTMENT. * * * * * NATIONAL CEMETERIES. * * * * * bGravdesCin C For marking the places where American soldiers fell and were temporarily interred in Cuba and China, nine thousand five hundred dollars, said sum to be immediately available. B r I n g I n g home remains BRINGING HOME THE REMAINS OF OFFICERS AND SOLDIERS from abroad. WHO DIE ABROAD: To enable the Secretary of War, in his discretion, to cause to be transported to their homes the remains of officers and soldiers who die at military camps or who are killed in action, or who die in the field or hospital in Alaska, and at places outside of the limits of the United States, or who die while on voyage at sea, twentyfive thousand dollars. B r I n g aing BRINGING HOME THE REMAINS OF CIVIL EMPLOYEES OF home remains of c' iv l em-THE ARMY WHO DIE ABROAD AND SOLDIERS WHO DIE ON ployees, etc. TRANSPORTS: To enable the Secretary of War, in his discretion, to cause to be transported to their homes the remains of civilian employees of the Army who have died, or may hereafter die, while in the employ of the War Department in Cuba, Porto Rico, Hawaii, China, Alaska, and the Philippines, including the remains of any honorably discharged soldiers who are entitled under the terms of their discharge to return transportation on Government transport, and who die while on said transport, two thousand five hundred dollars. * * * * * BACK PAY AND BOUNTY: * * * Wa r wi t h For payment of amounts for arrears of pay and allowSpain. Arrears otances on account of service of officers and men of the pay, etc. Army during the war with Spain and in the Philippine r ARMY AND NAVY. 73 Islands that may be certified to be due by the accounting officers of the Treasury during the fiscal year nineteen hundred and six, and that are chargeable to the appropriations that have been carried to the surplus fund, one hundred thousand dollars. * * * * * CHAP. 1484.-An Act Making appropriations to supply de- Mar. 3, 1905. ficiencies in the appropriations for the fiscal year ending June [H. R. 19150.] thirtieth, nineteen hundred and five, and for prior years, and for [Public, No. other purposes. 217.1 33 Stats. L., Be it enacted by the Senate and House of Representaties of the United States of America in Congress assembled, That the following sums be, and the same are hereby. Deficiencies appropriated, out of any money in the Treasury notappropriations' otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and five, and for prior years, and for other objects hereinafter stated, namely: * * * * * WAR DEPARTMENT. * * * * * ENGINEER DEPARTMENT. SURVEY FOR WAGON ROAD FROM VALDEZ TO FORT EGBERT, Wagon road. ALASKA: For a survey and estimate of cost of a wagon road from Valdez to Fort Egbert, on the Yukon River, to be made under the direction of the Secretary of War, five thousand seven hundred dollars and sixty-three cents. SURVEY FOR MILITARY TRAIL BETWEEN YUKON RIVER AND Military trail. COLDFOOT, ALASKA: For surveying and locating a military trail under the direction of the Secretary of War, by the shortest and most practicable route, between the Yukon River and Coldfoot, on the Koyukuk River, to be immediately available, one thousand four hundred and thirty-one dollars and fifteen cents. * * * * * NAVY DEPARTMENT. * * * * * For dry dock, Habana, Cuba, three thousand one hun- Habana, Cuba. dred and ninety-nine dollars and sixty-eight cents; in all, Dry k. one hundred and sixty thousand four hundred and seventy-four dollars and sixty-nine cents. * * * * * k I I 0. ft --- ---- s SPANISH TREATY CLAIMS COMMISSION. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [H. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 22.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 15. tives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, Urgent defappropriated, out of any money in the Treasury not oth- priations. erwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * SPANISH TREATY CLAIMS COMMISSION. To pay the awards mnade by the Spanish Treaty Claims s p a n i s h Commission under the provisions of the Act of March claims C o m - second, nineteen hundred and one, certified to Congress in Payment o f Document Numbered One hundred and ten of the present awards. session, ten thousand dollars. For expenses incurred in connection with the taking of Expenses I n testimony in Cuba in claims now pending before the Com- cuba. mision, five thousand dollars; and said Commission is authorized to employ in Cuba one interpreter and translator at a compensation of two hundred dollars per month. * * * * * CHAP. 1630.-An Act Making appropriations to supply defl- Alr271904. ciencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189.] 33 Stats. L., pt. 1, p. 394. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, approprations. 75 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * MISCELLANEOUS, DEPARTMENT OF JUSTICE. For salaries and expenses, Spanish Treaty Claims Commission, namely: For expenses of taking testimony abroad, to be available until used, twenty thousand dollars. * * * * * Apr. 28, 1904. CHAP. 1762.-An Act Making appropriations for sundry civil [H. R. 14416.] expenses of the Government for the fiscal year ending June thirti[Public, No. eth, nineteen hundred and five, and for other purposes. 194.] pt33 Sat. L., Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemSundry civil bled, That the following sums be, and the same are hereby, expenses appropriations. appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and five, namely: * * * * * UNDER THE DEPARTMENT OF JUSTICE. MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. S p a n i s h DEFENSE OF SUITS BEFORE SPANISH TREATY CLAIMS COMTreaty Claims Commission. MISSION: For salaries and expenses in defense of claims Defense ofbefore the Spanish Treaty Claims Commission, including salaries of Assistant Attorney-General in charge as fixed by law, and of assistant attorneys and necessary employees in Washington, District of Columbia, or elsewhere, to be selected and their compensation fixed by the Attorney-General, to be expended under his direction, so much of the provisions of the Act of March second, nineteen hundred and one, providing for the Spanish Treaty Claims Commission as are in conflict herewith notwithstanding, one hundred and twelve thousand dollars, of which not exceeding two hundred dollars may be expended for law books and books of reference. * * * * * * FIFTY-EIGHTH CONGRESS, THIRD SESSION. CHAP. 1483.-An Act Making appropriations for sundry civil Mar. 3, 1905. expenses of the Government for the fiscal year ending June thir- [H. R. 18969.] tieth, nineteen hundred and six, and for other purposes. [Public, No. 216.] Be it enacted by the Senate and House of Representa- pt33. S p.a 1156.' tires of the United States of America in Congress assembled, That the following sums be, and the same are hereby, Sundry civil epenses apappropriated, for the objects hereinafter expressed, for propriations. the fiscal year ending June thirtieth, nineteen hundred and six, namely: * * * * * UNDER THE DEPARTMENT OF JUSTICE. Department of Justice. * * * * * DEFENSE OF SUITS BEFORE SPANISH TREATY CLAIMS COM- S p a n 1 s h Treaty Claims MISSION: For salaries and expenses in defense of claims commission. before the Spanish Treaty Claims Commission, including salaries of Assistant Attorney-General in charge as fixed by law, and of assistant attorneys and necessary employees in Washington, District of Columbia, or elsewhere, to be selected and their compensation fixed by the Attorney-General, to be expended under his direction, so much of the provisions of the Act of March second, nineteen hundred and one, providing for the Spanish Treaty Claims Commission, as are in conflict herewith notwithstanding, one hundred and twelve thousand dollars, of which not exceeding two hundred dollars may be expended for law books and books of reference. * * * * * CHAP. 1484.-An Act Making appropriations to supply de- Mar. 3, 1905. ficiencies in the appropriations for the fiscal year ending June thir- [H. R. 19150.] tieth, nineteen hundred and five, and for prior years, and for other [Public, No. purposes. 217.] 33 Stats. L., Be it enacted by the Senate and House of Representa- p., tives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, aDeficiencies appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal yeai nineteen hundred and five, and for prior years, and for other objects hereinafter stated, namely: * * * * * 77 78 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. DEPARTMENT OF JUSTICE. * * * * * S p a n I a h SPANISH TREATY CLAIMS COMMISSION: For salaries and Treaty Claims Commission. expenses, Spanish Treaty Claims Commission, namely: Salaries, etc. For expenses of taking testimony abroad, to be available until used, twenty-five thousand dollars; and said Commission may expend not exceeding two hundred dollars for the purchase of law books, maps, and books of reference. G a s D r A. To pay the award in favor of the personal representaBetancourt. toive of Gaspar A. Betancourt ten thousand dollars, at the personal rerer- end of sixty days from the date of said award if no new sentatv trial or rehearing shall have been had. *! * * * * CLAIMS OTHER THAN SPANISH TREATY CLAIMS. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [H. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. * 22.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. l p. 15. tives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, cl Urgent deficiencies approappropriated, out of any money in the Treasury not other- priations. wise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * JUDGMENTS, COURT OF CLAIMS. J u ents, Claims. For the payment of the judgments rendered by the Payments. Court of Claims, reported to Congress at its present session in House Documents Numbered Two hundred and seventy-five and Three hundred and fifty-eight, one hundred and twenty-six thousand two hundred and ninetythree dollars and twenty-four cents: Provided, That none Proviso. of the judgments herein provided for shall be paid until Appeal. the right of appeal shall have expired. That the payment, to officers and men severally entitled, dsBounty f o of the judgments herein appropriated for of the Court of enemy's v es - Claims for bounty for destruction of enemy's vessels, es' under section forty-six hundred and thirty-five of the Revised Statutes, be made on settlements by the Auditor for the Navy Department in the manner prescribed by law and Treasury regulations for the payment of prize money, the distribution of such individual share to be in accordance with the orders, rules, and finding of the Court of Claims. And hereafter in all cases of final judgments and Final Judgawards rendered against the United States by the Court ments. of Claims, and of final judgments rendered against the United States by the circuit and district courts of the United States, payment thereof under appropriations made by Congress shall be made on settlements by the 79 80 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. auditor for the department or branch of the public service having jurisdiction over the subject-matter out of which the claims arose. * * * * * SEC. 2. That for the payment of the following claims, claims certicertified to be due by the several accounting officers of the f ied by a - Treasury Department under appropriations the balances cers. of which have been exhausted or carried to the surplus fund under the provisions of section five of the Act of June twentieth, eighteen hundred and seventy-four, and under appropriations heretofore treated as permanent, being for the service of the fiscal year nineteen hundred and one and prior years, unless otherwise stated, and which have been certified to Congress under section two of the Act of July seventh, eighteen hundred and eightyfour, as fully set forth in House Document Numbered Three hundred and fifty, reported to Congress at its present session, there is appropriated as follows: CLAIMS ALLOWED BY THE AUDITOR FOR THE TREASURY DEPARTMENT. * * * * * For quarantine service, Territory of Hawaii, one thousand eight hundred and six dollars and six cents. CHAP. 1609. —An Act To amend an Act approved March third, Apr. 27, 1904. eighteen hundred and ninety-nine, entitled "An Act to amend an [S. 1343.] Act entitled 'An Act to reimburse the governors of States and [Public, No. Territories for expenses incurred by them in aiding the United 168.] States to raise and organize and supply and equip the Volunteer 33 Stats. L., Army of the United States in the existing war with Spain,' ap- p, P 3. proved July eighth, eighteen hundred and ninety-eight," and so forth, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section six of the Act of Congress approved States. March third, eighteen hundred and ninety-nine, entitled mReimburseen dmen t for ex"An Act to amend an Act entitled 'An Act to reimburse penses equipthe governors of States and Territories for expenses in- t eers e r,. curred by them in aiding the United States to raise and Spanish war. organize and supply and equip the Volunteer Army of the United States in the existing war with Spain,' approved July eighth, eighteen hundred and ninety-eight, and for other purposes," be, and the same is hereby, amended by striking therefrom the words " nineteen hundred and two " and inserting in lieu thereof the words "nineteen hundred and six," so that the same shall read: "SEC. 6. That all claims for reimbursement under this Time for preAct or the Act approved July eighth, eighteen hundred extendgd.laim and ninety-eight, shall be presented in itemized form MISCELLANEOUS CLAIMS. 81 to the Treasury Department on or before January first, nineteen hundred and six, or be forever barred." SEC. 2. That where the governor of any State or Terri- Final settletory has furnished military transportation, or has pur- nt of patlowed chased or authorized the purchase of supplies, or incurred claims. expenses for services rendered, and which purchases of supplies and expenses for military.transportation and services rendered have been certified by the governor of such State or Territory as necessary, just, and reasonable for the organization, maintenance, transportation, and comfort of troops raised by him and accepted into the service of the United States Army in the said war with Spain, the Secretary of the Treasury be, and he is hereby, authorized to allow in the settlement of claims for reimbursement now on file in the office of the Auditor for the War Department, such items or parts thereof as have been disallowed in the consideration of said claims, for the reason that they appear to have been for stores furnished or expenses incurred or transportation furnished after the troops raised had been mustered into the service of the United States; and the certificate of the governor ceGovernor certicate suffiof any such State or Territory that such expenses were clent proof of incurred in good faith, for the sole purpose of aiding the exurpese inUnited States in the raising, organization, transportation, and equipment of troops, shall be held to be sufficient to authorize the final settlement and payment in full of such claims for reimbursement. CHAP. 1630.-An Act Making appropriations to supply defi-A ril 27, 1904. ciencies in the appropriations for the fiscal year ending June [i. R. 15054.1 thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189.] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 394. tives of the United States of America in Congress assembled, That the following sums be, and the same are Deficiencies hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: JUDGMENTS, COURT OF CLAIMS. Judgmentso Claims. For the payment of the judgments, except the judg- bujep h Susment in favor of Joseph Sudsburger, numbered twenty- ed. *one thousand two hundred and fifty-four, rendered by the Court of Claims and reported to Congress in House Documents Numbered Six hundred and fifty-four and Six hundred and seventy-two, and Senate Documents Numbered Two hundred and eighty-seven, Two hundred and ninety-two, and Two hundred and ninety-six, of the 82 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. present session, one hundred and seventy-nine thousand four hundred and sixty-seven dollars and thirty-two Provisos. cents: Provided, That none of the judgments herein proAppeal. vided for shall be paid until the right of appeal shall have expired: * * * * * * * iemd by acc- SSEC. 2. That for the payment of the following claims, ing oficers. certified to be due by the several accounting officers of the Treasury Department under appropriations the balances of which have been exhausted or carried to the surplus fund under the provisions of section five of the Act of June twentieth, eighteen hundred and seventy-four, and under appropriations heretofore treated as permanent, being for the service of the fiscal year nineteen hundred and one and prior years, unless otherwise stated, and which have been certified to Congress under section two of the Act of July seventh, eighteen hundred and eighty-four, as fully set forth in House Document Numbered six hundred and seventy reported' to Congress at its present session, there is appropriated as follows: * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. * * * * For determining the most practicable route for canal across the Isthmus of Panama, thirty-five dollars.: * * **: FIFTY-EIGHTH CONGRESS, THIRD SESSION. CHAP. 777.-An Act For the allowance of certain claims re- Feb. 24, 1905. ported by the Court of Claims, and for other purposes. [H. R. 9548.] Be it enacted by the Senate and House of Representa- [Pulc; No. tives of the United States of America in Congress assem- 33 StatsI3. L., pt. 1, p. 743. bled, That the Secretary of the Treasury be, and he is Appropriahereby, authorized and directed to pay, out of any money ment f clpays in the Treasury not otherwise appropriated, to claimants ePorte d b in this Act named the several sums appropriated herein, Claims, etc. the same being in full for and the receipt of the same to be taken and accepted in each case as a full and final release and discharge of their respective claims, namely: * * * * * ALASKA. To Frank Guertin, fifteen dollars and eighty-nine cents. To Joseph F. Travers, guardian of Michael Travers, of the Island of Japonsky, one thousand two hundred and fifty dollars. * * * * * PHILIPPINE ISLANDS. Philippine Islands. To John Corwine, of Manila, sixty-nine dollars and eighty-six cents. *: * * * MISCELLANEOUS CLAIMS AND COURT OF CLAIMS FINDINGS. * * * * * To the members of the band of the Second Regiment Second RegiWisconsin Volunteer Infantry, for the hire, use, and una- Infantry. voidable damage to certain band instruments, their pri- baSayment to vate property, while in the service of the United States during the recent war with Spain, and to pay to each of said men, or to their heirs, administrators, and assigns of such of them as shall have in the meantime deceased, the sums which appear opposite their names, as follows, towit: Henry Johnson, thirty-seven dollars and sixteen cents; Charles E. Collar, twenty-one dollars and ninetyone cents; Frank Novotny, seventeen dollars and thirtythree cents; Robert Brand, junior, deceased, fifty-five dollars; Louis Simmet, five dollars; Fred W. Kohl, 83 84 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. twelve dollars and sixteen cents; Eugene R. Billett, eight dollars and eighty-three cents; Frank A. Kroeff, eighteen dollars and thirty-three cents; Albert Boehm, seven dollars and eighty-three cents; Frank H. Kempt, twentytwo dollars and sixteen cents; Herman F. Discher, six dollars and sixty-six cents; Joseph J. Nussbaumer, twenty-two dollars and sixteen cents; Henry Ebeling, junior, three dollars and fifty cents; Herman Nagel, twenty-two dollars and eighty-three cents; Ferdinand Wetzel, forty dollars and fifty cents; Charles Neumann, eleven dollars and sixteen cents; George Johnson, twentyfive dollars; Ambrosius Jachinski, twenty-two dollars and sixteen cents; Oscar Hensel, seven dollars and eight cents; William J. Trier, deceased, thirty-six dollars and fifty cents; Adolph G. Markworth, thirteen dollars and sixteen cents; total, four hundred and sixteen dollars and forty-two cents. * * * * * M. A. Gantt To M. A. Gantt and Son, of Conecuh County, Alaand Son. S bama, the sum of one hundred dollars and fifty cents, for board and lodging furnished by them to volunteer soldiers who enlisted in the Second Regiment Alabama Volunter Infantry during the Spanish-American war. * * ** * Virginia. For the allowance of claims of certain citizens of VirClaims of citizens of, forginia for damages to their property incident to the endamagels by campment at Manassas and march from Camp Alger volunteers, war with Spain. to Thoroughfare Gap, Virginia, as recommended by a board of officers appointed for the consideration of claims for damages to property by volunteer soldiers during the war with Spain. * * * * * MISCELLANEOUS CASES. FOR DIRECT APPROPRIATION. * * t * * Archibald w. To Captain Archibald W. Butt, quartermaster, United Butt. States Army, the sum of four hundred and eighty dollars, amounts stolen from the United States in Manila, Philippine Islands, by an employee of the quartermaster's department, by name Jose B. Luciano, the said Captain Archibald W. Butt having fully paid said sum to the United States * * * * * Leonard L. To Leonard L. Deitrick, late first lieutenant, Thirtyfourth Infantry, United States Volunteers, the sum of one hundred and twenty dollars, said sum having been United States funds stolen from his safe at Penaranda, Nueva Ecija, Philippine Islands, at some time between December third, nineteen hundred, and December twenty MISCELLANEOUS CLAIMS. 85 fourth, nineteen hundred, while he was acting commissary officer; and which sum the said Leonard L. Deitrick accounted for and paid to the proper officer of the United States from his own private funds. * * * * * CHAP. 1447.-An Act To extend the time within which actionsMar. 3. 1905. for the recovery of duties paid in Porto Rico may be brought in [H. R. 17102.] the Court of Claims under the Act of April twenty-ninth, nine- [Public, No. teen hundred and two. 180.] 33 Stats. L., pt. 1, p. 1013. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the time within which actions ]nay be brought in Porto Rican the Court of Claims for the recovery of customs duties Tim e e xpaid to thie military authorities in the island of Porto Ricoaided to file upon articles imported from the several States and en-funding. tered at the several ports of entry in Porto Rico from and including April eleventh, eighteen hundred and ninetynine, to May first, nineteen hundred, under the Act of April twenty-ninth, nineteen hundred and two, chapter six hundred and forty of the laws of the Fifty-seventh Congress, first session, be, and it is hereby, extended until six months from the date of the passage of this Act. 3449-07 8 A q I I I CUBA. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 1.-An Act to carry into effect a convention between Dec. 17, 1903. the United States and the Republic of Cuba, signed on the eleventh [H. R. 1921.] day of December, in the year nineteen hundred and two. [Public, No..] 33 Stats. L., Be it enacted by the Senate and House of Representa- pt. 1, p. 3. tives of the United States of America in Congress assembled, That whenever the President of the United States duties on imshall receive satisfactory evidence that the Republic of ports from. Cuba has made provision to give full effect to the articles of the convention between the United States and the Republic of Cuba, signed on the eleventh day of December, in the year nineteen hundred and two, he is hereby authorized to issue his proclamation declaring that he has received such evidence, and thereupon on the tenth day after exchange of ratifications of such convention between the United States and the Republic of Cuba, and so long as the said convention shall remain in force, all articles of merchandise being the product of the soil or industry of the Republic of Cuba, which are now imported into the United States free of duty, shall continue to be so admitted free of duty; and all other articles of merchandise being the product of the soil or industry of the Republic of Cuba imported into the United States shall be admitted at a reduction of twenty per centjim of the rates of duty thereon, as provided by the tariff Act of the United States, approved July twenty-fourth, eighteen hundred and ninety-seven, or as may be provided by any tariff law of the United States subsequently enacted. The rates of duty herein granted by the United Duration. States to the Republic of Cuba are and shall continue during the term of said convention preferential in respect to all like imports from other countries: Provided, That Provi8so8 Limitation of while said convention is in force no sugar imported from sugar duties. the Republic of Cuba, and being the product of the soil or industry of the Republic of Cuba, shall be admitted into the United States at a reduction of duty greater than twenty per centum of the rates of duty thereon, as provided by the tariff Act of the United States, approved July twenty-fourth, eighteen hundred and ninety-seven, and no sugar the product of any other foreign country shall be admitted by treaty or convention into the United 87 88 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. States while this convention is in force at a lower rate of duty than that provided by the tariff Act of the United States approved July twenty-fourth, eighteen hundred Declarationand ninety-seven: And provided further, That nothing as to origin of customs legis-herein contained shall be held or construed as an admislation. sion on the part of the House of Representatives that customs duties can be changed otherwise than by an Act of Congress, originating in said House. No additional SEC. 2. That so long as said convention shall remain in on msport sforce, the laws and regulations adopted, or that may be from Cuba. adopted by the United States to protect the revenues and prevent fraud in the declarations and proofs, that the articles of merchandise to which said convention may apply are the product or manufacture of the Republic of Cuba, shall not impose any additional charge or fees therefor on the articles imported, excepting the consular fees established, or which may be established, by the United States for issuing shipping documents, which fees shall not be higher than those charged on the shipments of similar mechandise from any other nation whatEqual treat-soever; that articles of the Republic of Cuba shall receive, ment of Imports by bothOn their importation into the ports of the United States, countries, treatment equal to that which similar articles of the United States shall receive on their importation into the No discrimi-ports of the Republic of Cuba; that any tax or charge nation on place of shipment. that may be imposed by the national or local authorities of the United States upon the articles of merchandise of the Republic of Cuba, embraced in the provisions of said convention, subsequent to importation and prior to their entering into consumption into the United States, shall be imposed and collected without discrimination upon like articles whencesoever imported. * * * * * Feb. 18, 1904. CHAP. 160.-An Act Making appropriations to supply urgent [H. R. 10954.] deficiencies in the appropriations for the fiscal year ending June [Public, No. thirtieth, nineteen hundred and four, and for prior years, and for 22.] other purposes. 33 Stats. L., pt. 1, p. 15. (Naval station at Guantanamo, Cuba. See p. 48.) (Expenses taking testimony in Cuba in regard to claims pending before Spanish Treaty Claims Commission. See p. 75.) Mar. 12, 1904. CHAP. 543.-An Act Making appropriations for the diplomatic [H. R. 11287.] and consular service for the fiscal year ending June thirtieth, [Public, No. nineteen hundred and five. 48.] 33 stats. L., Be it enacted by the Senate and House of Representa-. 1,.. tives of the United States of America in Congress assemDiplomaticbled, That the following sums be, and they are hereby, an d consular appropriations. severally appropriated, in full compensation for the diplomatic and consular service for the fiscal year ending CUBA. 89 June thirtieth, nineteen hundred and five, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: SCHEDULE A. SALARIES OF AMBASSADORS AND MINISTERS. * * * * * Envoys extraordinary and ministers plenipotentiary Envoysextrato * * * Cuba, * * * at twelve thousand dol- ministers plenlars * * * ipotentiary. * * * * * SALARIES OF SECRETARIES OF EMBASSIES AND LEGATIONS. * * * Secretaries of legation to Cuba and * thousand dollars * * *; * * * * * *, at two * one thousand * Second secretary of legation to Cuba, five hundred dollars; * * * * SCHEDULE B. SALARIES, CONSULAR SERVICE. CONSULS-GENERAL. For salaries of consuls-general at the following places, namely: * * * Habana, * * * at five thousand dollars * * * * * * * * CONSULS. For salaries of consuls at the following places, namely: * * * * *f CLASS III. Class III, $3,000 a year. * * Cienfuegos, Cuba. * * Santiago de Cuba. * * * * * * * * * * 90 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SCHEDULE C. * * * * * ALLOWANCES FOR CLERK IIRE AT UNITED STATES CONSULATES. * * * * * * * * Habana, at two thousand dollars each * * * * * * * Cienfuegos, * * * and Santiago de Cuba, at five hundred dollars each, * * * * * * * * Mar. 22, 1904. CHAP. 749.-An Act To extend the exemption from head tax [H. R. 11443.] to citizens of Newfoundland entering the United States. Public, No. Be it enacted by the Senate and House of Representa33 Stats. L., tives of the United States of Amnerica in Congress assemmmigration. bled, That section one, chapter ten hundred and twelve, Head tax on of the Statutes at Large of the United States of America ( Fifty-seventh Congress, second session), is hereby amended by inserting in line four, after the word " Canada," the word " Newfoundland," so as to read as follows: Exceptions. ". That.there shall be levied, collected, and paid a duty Citizens of e p Newfoundla n~ of two dollars for each and every passenger not a citizen of added. the United States, or of the Dominion of Canada, Newfoundland, the Republic of Cuba, or of the Republic of Mexico, who shall come by steam, sail, or other vessel I from any foreign port or any port within the United States, or by any railway or any other mode of transportation from foreign contiguous territory to the United States. The said duty shall be paid to the collector of customs of the port or customs district to which said alien passenger shall come, or, if there be no collector at such port or district, then to the collector nearest thereto, by the master, agent, owner, or consignee of every such vessel or transportation line. The money thus collected shall be paid into the United States Treasury and shall constitute To be p e r- a permanent appropriation to be called the 'immigrant manent acaPo fund,' to be used under the direction of the Secretary of 1 i m m i grant the Treasury to defray the expense of regulating the immifund." gration of aliens into the United States under this Act, including the cost of reports of decisions of the Federal courts, and digests thereof, for the use of the Commissioner-General of Immigration, and the salaries and expenses of all officers, clerks, and employees appointed for the purpose of enforcing the provisions of this Act. The Ilen on ves-duty imposed by this section shall be a lien upon the vessels for tax sels which shall bring such aliens to ports of the United States, and shall be a debt in favor of the United States ) CUBA. 91 against the owner or owners of such vessels, and the payment of such duty may be enforced by any legal or equitable remedy. The head tax herein provided for shall not be levied upon aliens in transit through the United States nor upon aliens who have once been admitted into the United States and have paid the head tax who later shall go in transit from one part of the United States to another through foreign contiguous territory: Provided, Proviso. That the Commissioner-General of Imnigration, under riloads by the direction or with the approval of the Secretary of the Treasury, by agreement with transportation lines, as provided in section thirty-two of this Act, may arrange in some other manner for the payment of the duty imposed by this section upon aliens seeking admission overland, either as to all or as to any such aliens.' CHAP. 1485. An Act Making appropriation for the support of Apr. 23, 1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670-] dred and five, and for other purposes. [Public, No. 149.] (Retired enlisted men, allowance for service in Cuba. pt33 Stat, L. See p. 54.) CHAP. 1486.-An Act Making appropriations for the Depart- Apr. 23, 1904. inent of Agriculture for the fiscal year ending June thirtieth, [H. R. 11825.] nineteen hundred and five. [Public, No. 150.1 (Investigation of the soils and conditions of tobacco 33 Stats. L., growth in Cuba. See p. 218.) pt. 1, p. 276. CHAP. 1622.-An Act Making appropriations for the naval Apr. 27, 1904. service for the fiscal year ending June thirtieth, nineteen hundred [-I. R. 12220.] and five, and for other purposes. [Public No. 181.1' (Naval Station, Guantanamo, Cuba. See p. 58.) 33 Stats. L., pt. 1, p. 324. CHAP. 1630.-An Act Making apropriations to supply defi- Apr. 27, 1904. ciencies in the appropriation for the fiscal year ending June [H. R. 15054.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189. 33 Stats. L., (Dry dock, Havana, Cuba, See p. 62.) pt. 1, p. 394. CHAP. 1762.-An Act Making appropriations for sundry civil Apr. 28, 1904. expenses of the Government for the fiscal year ending June thir- [H. R. 14416.] tieth, nineteen hundred and five, and for other purposes. [Public, No. 194.] (Bringing home remains of officers, soldiers and civil pt33 Stats. L. employees of the Army who die abroad and on transports. See p. 63.) FIFTY-EIGHTH CONGRESS, THIRD SESSION. Mar. 3, 1905. CHAP. 1405.-An Act making appropriations for the Depart[H. R. 18329.] ment of Agriculture for the fiscal year ending June thirtieth, [Public, No. nineteen hundred and six. 138.] 33 Stats. L., pt. 1, p. 861. (Investigation of the soils and conditions of tobacco growth in Cuba. See p. 225.) Mar. 3, 1905. CHAP. 1407.-An Act Making appropriations for the diplo[1-. R. 18468.] matic and consular service for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and six. 140.] 33 Stats. L., Be it enacted by the Senate and House of Representapt. 1, p. 915. tives of the United States of America in Congress assemnDilomaticbled, That the following sums be, and they are hereby, a nd consular * * appropriations. severally appropriated, in full compensation for the diplomatic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: SCHEDULE A. SALARIES OF AMBASSADORS AND MINISTERS. * * * * * Envoys extra- Envoys extraordinary and ministers plenipotentiary ordinary an d ^ * * 1 ministers pen-to * Cuba,* at twelve thousand dolIpotentlary. lars each, * * SALARIES OF SECRETARIES OF EMBASSIES AND LEGATIONS. Secretaries of legation to Cuba and * * *, at two othousand dollars. * * *; Second secretary of legation to Cuba, one thousand five hundred dollars; * * * * * 92 CUBA. 93 SCHEDULE B. SALARIES, CONSULAR SERVICE. CONSULS-GENERAL. For salaries of consuls-general at the following places, namely: * * * Habana, * * * at five thousand dollars each, * * * ** * * * CLASS III. Class ll, $3,000 a year. * * * * * Cienfuegos, Cuba. * * * * * Santiago de Cuba. * * * * * SCHEDULE C. * * * * * ALLOWANCES FOR CLERK HIRE AT UNITED STATES CONSULATES. * * * * * * * Habana, at two thousand five hundred dollars each, * * * * * * * * Cienfuegos, * * * and Santiago de Cuba, at five hundred dollars each, * * * * * * * * CHAP. 1483.-An Act Making appropriations for sundry civil Mar. 3, 1905. expenses of the Government for the fiscal year ending June thir- [H. R. 18969.] tieth, nineteen hundred and six, and for other purposes. [Public, No. 216.] Be it enacted by the Senate and House of Representa- 33 Stats. L., tires of the United States of America in Congress assem- pt. 1, p. 1156. bled, That the. following sums be, and the same are hereby, Sundry civil Iexpenses apappropriated, for the objects hereinafter expressed, for propriations. the fiscal year ending June thirtieth, nineteen hundred and six, namely: * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * * * * Guantanamo, Cuba, naval station light-house service: Guantanamo, For maintaining existing aids to navigation, to estab- Additional lish and maintaln additional lights, day marks, and bea- lights, etc. con lights where required; to build a light-house depot, 94 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. with dock, buoy shed, storehouse, custodian's quarters, and an oil house, including purchase of land therefor, twenty-five thousand dollars. * * * * * UNDER THE WAR DEPARTMENT. * * * * * NATIONAL CEMETERIES. (For marking places where American soldiers fell and were temporarily interred in Cuba. Bringing home the remains of officers and soldiers who die abroad and civil employees of the army who die abroad and soldiers who die on transports. See p. 72.) * * * *, Mar. 3, 1905. CHAP. 1484.-An Act Making appropriations to supply defi[H. R. 19150.] ciencies in the appropriations for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and five, and for prior years, and for other 217.] purposes. 33 Stats. L., pt. 1, p. 1214. (For dry dock, Havana, Cuba. See p. 73.) HAWAII. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [H- R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 22.] 33 Stats. L., * * * * * pt. 1, p. 15. (For quarantine service, Territory of Hawaii. See p. 80.) CHAP. 543.-An Act Making appropriations for the diplomatic Mar. 12, 1904. and consular service for the fiscal year ending June thirtieth, [I1. R. 11287.] nineteen hundred and five. [Public, No. 48.] (Relief and protection of American seamen. See p. pt. 1, p. L7. 215.) CHAP. 716.-An Act Making appropriations for the legislative, Mar. 18, 1904. executive, and judicial expenses of the Government for the fiscal [H. R. 9480.] year ending June thirtieth, nineteen hundred and five, and for [Public, No. other purposes. 57.] 33 Stats. L., Be it enacted by the Senate and House of Representa- p. 1, p. 85. tives of the United States of America in Congress assembled, That the following sums be, and the same are hereby. Legislative, appropriated, out of any money in the Treasury not oth- udicutil approerwise appropriated, in full compensation for the service priations. of the fiscal year ending June thirtieth, nineteen hundred and five, for the objects hereinafter expressed, namely: * * * * * GOVERNMENT IN THE TERRITORIES * * * * * * * * * TERRITORY OF HAWAII: For governor, five thousand Hawai. dollars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; and two associate jus95 96 LAWS RELATI.NG TO INSULAR AND MILITARY AFFAIRS. tices, at five thousand dollars each; in all, twenty-three thousand five hundred dollars. For judges of circuit courts, at three thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and five. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand dollars. * * * * * JUDICIAL. * * * * * H a wi a I ayn DISTRICT COURT, TERRITORY OF HAWAII: For the payment Territory, courts. of the salaries of the judge, clerk, and the reporter of the United States district court for the Territory of Hawaii, at five thousand dollars, three thousand dollars, and one thousand two hundred dollars, respectively, nine thousand two hundred dollars. * * * * * Apr. 8, 1904. CHAP. 948.-An Act To amend section seventy-six of an Act [I. R. 7274.] entitled "An Act to provide a government for the Territory of [Public, No. Hawaii." 93.] 33 Stats. L., Be it enacted by the Senate and House of Representapt 1, p 164 ties of the United States of America in Congress assemHawaii. bled, That section seventy-six of an Act entitled "An Act Governmentto provide a government for the Territory of Hawaii," Amended. approved April thirtieth, nineteen hundred, be, and the same is hereby, amended to read as follows: Superintend- SEC. 76. That there shall be a superintendent of public structionc. instruction, who shall have the powers and perform the Duties, etc. duties conferred upon and required of the minister of public instruction by the laws of Hawaii as amended by the Act, and subject to modification by the legislature. Commissioner " It shall be the duty of the United States Commisof Labor to report labor sta-sioner of Labor to collect, assort, arrange, and present in tistics e v e r y reports in nineteen hundred and five, and every five years thereafter, statistical details relating to all departments of labor in the Territory of Hawaii, especially in relation to the commercial, industrial, social, educational, and sanitary condition of the laboring classes, and to all such other classification subjects as Congress may by law direct. The said Comemployndeestr, etmissioner is especially charged to ascertain the highest, lowest, and average number of employees engaged in the HAWAII. 97 various industries in the Territory, to be classified as to nativity, sex, hours of labor, and conditions of employment, and to report the same to Congress." CHAP. 1253.-An Act To authorize the Government of the Apr. 13, 1904. United States to participate in celebrating the one hundredth [S. 276.] anniversary of the exploring of the Oregon country by Captains [Public, No. Meriwether Lewis and Williami Clarke in the years eighteen hun- 111.] dred and four, eighteen hundred and five, and eighteen hundred pt33 St. 75., and six, and for other purposes. (Exhibit from Hawaii. See p. 217.) CHAP. 1405.-An Act To ratify, approve, confirm, and amend Apr. 21, 1904. an act duly enacted by the legislature of the Territory of Hawaii [H. R. 7266.] to authorize and provide for the manufacture, distribution, and [Public, No. supply of electric light and power on the island of Oahu, Terri- 128.] 33 Stats. L., tory of Hawaii. pt. 1, p. 227. Whereas the legislature of the Territory of Hawaii did, Preamble. by an act duly passed at the nineteen hundred and three session thereof, grant to the Hawaiian Electric Company, Limited, a special franchise and special privileges for the purpose of maintaining and operating an electric light and power system on the island and Territory aforesaid; and Whereas the governor of said Territory did approve said act on the twenty-eighth day of April, nineteen hundred and three; and Whereas the Act to provide a government for the Territory of Hawaii, duly passed by the Congress of the United States on the twenty-seventh day of April, nineteen hundred, and approved on the thirtieth day of April, nineteen hundred, provides that the legislature of the Territory of Hawaii shall not grant to any corporation, association, or individual any special privilege or franchise without the approval of the Congress of the United States: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Congress of the United States of America Hawaii s Act of legisdoes hereby ratify, approve, confirm, and amend that cer- lature granting tain act, duly enacted by the legislature of the Territory electric iIgaht and power franof Hawaii at the nineteen hundred and three sessionchise ratified, thereof, known and designated as Act Numbered Forty- etc. eight of the laws of the Territory of Hawaii, session of nineteen hundred and three, the said act last mentioned being an act entitled "An act to authorize and provide for the manufacture, maintenance, distribution, and supply of electric light and power on the island of Oahu, Territory of Hawaii," and that the said act last mentioned 98 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. be modified, and as so modified is hereby ratified, approved, and confirmed, so as to read as follows: "ACT NUMBERED FORTY-EIGHT. Provisions of "An act to authorize and provide for the manufacture, act. maintenance, distribution, and supply of electric light and power in the district of Honolulu, island of Oahu,. Territory of Hawaii. Preamble. " Whereas, pursuant to a franchise granted by the government of the Hawaiian Islands, the Hawaiian Electric Company, Limited, has constructed and developed an electric light and power system on the island of Oahu, Territory of Hawaii; and "Whereas said company is at the present time supplying light and power to the inhabitants of the said district of Honolulu, island of Oahu; and "Whereas said franchise expires on the third day of May, nineteen hundred and three: Now, therefore, " Be it enacted by the legislature of the Territory of Hawaii: " DEFINITIONS. Definitions. " SECTION 1. The following words and phrases, wherever they are used or appear in this act, shall, unless the same be clearly inconsistent with the context, be construed to mean and be held to have the force and effect as follows: " (a) The 'company' shall mean, include, and represent the Hawaiian Electric Company, Limited, and its successors and assigns. "(b) 'Honolulu,' or ' district of Honolulu,' shall refer to, include, and mean all that portion of the island of Oahu included in the taxation, educational, and judicial district now defined by law as 'Honolulu district,' or the 'district of Honolulu. H a w alla n "SEC. 2. The right is hereby granted to the Hawaiian Electric Com- ^ pany. Electric Company, Limited, as a body corporate under grPnted e r Sthat or such other name as the said company may hereafter adopt, and its successors and assigns, to manufacture, sell, furnish, and supply electric light, electric current, or electric power in the district of Honolulu, on the island of Oahu, Territory of Hawaii, for lighting the streets, roads, public or private buildings, or for motive power, or for any other purpose which it or they may deem advisable, and from time to time, for the purposes above mentioned, to construct, maintain, and operate suitable poles, lines, wires, cables, lamps, lamp-posts, conductors, conduits, and such other appliances and appurtenances as may from time to time be necessary for the transmission, distribution, or supply of electricity to consumers thereof, under, along, upon, and over the streets, sidewalks, roads, squares, bridges, alleys, and lanes in said HAWAII. 99 district of Honolulu, and to connect the said lines, wires, and conductors with any manufactory, private or public buildings, lamp, lamp-posts, or other structure or object with the place of supply. " BUILDINGS AND STATIONS. "SEC. 3 Said company shall also have the right to Buildings and maintain and operate its present light and power station tations. on the corner of Halekauwila and Alaeka streets, in said Honolulu, and also to construct, maintain, and operate, at such points as may from time to time be necessary, light and power stations or houses, or such other buildings and structures as may be necessary and proper, and to use machinery therein for the purposes of the company. "METERS, RATES, AND CHARGES. "SEC. 4. Said company shall also have the right to Meters, rates, * * * J ~ and charges. maintain, operate, and use electric meters or other means of measuring electric light, power, or current supplied from time to time, and to locate the same at such places as may be deemed necessary for their protection; and said company shall also have the right to charge, receive, and collect from all consumers of electricity such reasonable prices as may from time to time be fixed and determined by the company, but such charge shall not at any time exceed seventeen cents per kilowatt hour or one thousand watt hours: Provided, however, That the company shall have the right to charge, receive, and collect from each consumer of electricity for lighting the sum of two dollars per month, and from each consumer of electricity for power the sum of one dollar per month per horsepower of apparatus connected to the service of the company: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at all times and upon the petition of any consumer or the company to hear and determine from time to time what rate or rates are reasonable, and to enforce the same by appropriate judgment or decree.; CONNECTIONS. "SEC. 5. Said company shall also have the right to Connections. charge consumers, or applicants for the use of electrictiy, for one-half of the cost and expense of making connections between the company's main lines and the premises where the electricity is to be used; such cost and expense to include the price of all wires, poles, insulators, and other materials, and labor necessary to be used in making such connections: Provided, however, That the company shall not be required to make, construct, or maintain said 100 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. connections as aforesaid for supplying light or power unless the applicant or applicants for such light or power, if required, shall deposit in advance with the company a sum of money sufficient to pay one-half of the cost and expense of making and constructing such connections and for current for the period of one month. " SEC. 6. The company shall not be required to extend, construct, or maintain its main lines beyond a distance of three hundred feet unless there be an applicant for each three hundred feet of extension or fraction thereof, and unless each applicant shall, in addition to the other requirements in this Act provided, agree to take, install, and maintain five sixteen-candlepower lights or one horsepower of power apparatus for not less than one year: Provided, however, That if the company is unable to furnish power or light applied for by reason of lack of capacity of the apparatus for producing electricity, the company shall be allowed a reasonable time, not to exceed nine months from the date of any application, to procure such additional apparatus as may be necessary to furnish such applicant. " SUPPLY OF ELECTRICITY. elScu r1 of "SEC. 7. The company shall have the right to discontinue or cut off the supply of electricity to any consumer who shall refuse or fail to pay the amount due for electricity supplied by said company within such reasonable time as said company may fix for the payment of the same, and such discontinuance of service or supply of electricity shall not prejudice the right of the company to any remedies now or which may hereafter be authorized by law for the recovery and collection of said amount. RULES AND REGULATIONS. Rulesandreg- "SEC. 8. The superintendent of public works is hereby authorized to make, and from time to time to change, amend, or add to, reasonable rules regulating the placing of poles and wires, the insulation of wires and apparatus carrying the electric current, and the maintenance in good repair of all poles, wires, and apparatus, and generally concerning the manufacture and supply of electricity, which may be necessary or proper for the public safety and welfare. "No person, firm, or corporation shall be allowed to place or maintain poles or wires along, upon, or across any public street except such as are authorized by the superintendent of public works. Any person violating this provision last above mentioned shall, upon conviction, be deemed guilty of a misdemeanor and be punished by a fine of not exceeding fifty dollars or by imprisonment not exceeding three months. The superintendent of public works may at any time cause such poles or wires to be HAWAII. 101 removed at the expense of the person, firm, or corporation placing them or causing them to be placed in such position. " If at any time the company, after reasonable notice given to it in writing, shall fail to observe or execute the rules and regulations hereinbefore provided for, relative to the placing of poles and wires, the insulation of wires and apparatus carrying electric current, and the repair of all poles and apparatus, the superintendent of public works shall, after giving the company reasonable notice thereof in writing of his intention so to do, proceed to remedy such failure, and the cost of such repairs or changes may be recovered from the company by the Territory.; SUPERVISION. Supervision. "SEC. 9. The entire plant, operation, books, and accounts of the company shall at all times be subject to the inspection of the superintendent of public works or other officer appointed by him for that purpose. " PAY3IENTS TO TIIE GOVERNMENT. "SEC. 10. The said company shall, within one month Payments to after the expiration of each year, file with the superin- ment. tendent of public works a statement showing the gross receipts from the sale of electric light and power furnished by the company, and shall at the same time pay to the superintendent of public works two and one-half per centum of the gross receipts of the company from all electric light or power furnished to consumers during the year preceding. " PURCHASE OR LEASE. "SEC. 11. The said company shall have the right to Purchase or acquire, hold, or take over, either by purchase or lease, lease. property, both real, personal, or mixed, and such other property as may be necessary or incidental to the proper conduct of its business; said company shall, however, not have the right to purchase franchises and property of whatever nature of another company of like nature. " BORROWING OF MONEY AND ISSUANCE OF BONDS. "SEC. 12. The said company, whenever from time to Borrowing time it shall be deemed expedient in the furtherance of money and Issue of bonds. the objects of the company, shall have the power to borrow money and to secure the payment thereof, with the interest agreed upon, by mortgage of all or any portion of the property, and the franchises and privileges granted or obtained by virtue of this act, or if it be deemed advisable, bonds may be issued, secured by a deed of trust of such property as aforesaid, not to exceed sixty per centum of the actual value thereof, together with all future acquired property, as well as the income and receipts of 3449-07 —9 102 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the property from whatever source derived, and in such form and under such terms as said company may deem advisable: Provided, That nothing in this section contained shall operate to prevent said company from obtaining the usual business credits and to make promissory notes without security. ' PENALTIES. Penalties. " SEC. 13. Whenever said company refuses or fails to do or perform or comply with any act, matter, or thing requisite or required to be done under the terms of this act, and shall continue so to refuse or fail to do or perform or comply therewith after reasonable notice given by the superintendent of public works to comply therewith, the said superintendent of public works shall, with the consent of the governor and the attorney-general, cause proceedings to be instituted before the proper tribunal to have the franchise granted by this act and all rights and privileges granted thereunder forfeited and declared null and void. " SEC. 14. Any person who shall willfully or intentionally injure, molest, or destroy any of the poles, lines, wires, meters, or other appliances, or the material or property belonging thereto, or shall without permission or authority of the company connect or cause to be connected by poles and wires, or by any device, with the wires, cables, or conductors of the company, for the purpose of obtaining electric current for light, heat, or power, or whoever shall, without such permission or authority, cut or cause to be cut wires or other devices connected with any meter or meters erected or set up for the purpose of registering or recording the amount of electric current supplied to any consumer by the company, or change or shunt the wiring leading to or from any such meter, or by any device, appliance, or means whatsoever, tamper with any such meter in such manner that such meter or meters will not measure or record the amount of electric current supplied to any consumer by the company, shall be guilty of a misdemeanor, and upon conviction thereof in the district court of Honolulu, or other court having jurisdiction thereof, shall be punished by a fine not exceding oue hundred dollars or by imprisonment with hard labor not exceeding six months: Provided, however, That nothing herein contained shall be deemed to affect the right of the company to recover by action at law damages for any injury done by such unlawful action. "GRANT NOT EXCLUSIVE. Grant not ex- "SEC. 15. It is hereby expressly provided that nothing elusive. herein contained shall be so construed as to grant to the company the exclusive right to furnish, sell, or supply electric light or power. HAWAII. 103 " SEC. 16. This act shall take effect and become law from and after the date of its approval. "Approved this 28th day of April, A. D. 1903. " SANFORD B. DOLE, "Governor of the Territory of Hawaii." SEC. 2. That Congress or the legislature of the Terri- Amendment. tory of IIawaii, with the approval of Congress, may at any time alter, amend, or repeal this Act. CHAP. 1406.-An Act To ratify, approve, and confirm an act Apr. 21, 1904. duly enacted by the legislature of the Territory of Hawaii, to [H. R. 9643.] authorize and provide for the maintenance and supply of fuel and [Public, No. illuminating gas and its by-products in Ionolulu. 129. 33 Stat. L., Whereas the legislature of the Territory of Hawaii Ptr0eam ble. did, by an act duly passed at the nineteen hundred and three session thereof, authorize W. W. Dimond, his associates, successors, and assigns, to manufacture and supply fuel and illuminating gas and its by-products in Honolulu; and Whereas the governor of said Territory did approve said act on the fifteenth day of April, nineteen hundred and three; and Whereas the Act of Congress to provide a government for the Territory of Hawaii, approved April thirtieth, nineteen hundred, provides that the legislature of the Territory of Hawaii shall not grant to any corporation, association, or individual any special privilege or franchise without the approval of the Congress of the United States: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the act of the legislature of the Territory of Hawaii. Hawaii entitled "An act to authorize W. W. Dimond, his lature grantassociates, successors, and assigns to manufacture and inhse, atfand. supply fuel and illuminating gas and its by-products in Honolulu," approved by the governor of the Territorv April fifteenth, nineteen hundred and three, be, modified, and as so modified is hereby, ratified, approved, and confirmed, and amended so as to read as follows, to wit: "ACT NUMBERED THIRTY. "An act to authorize W. W. Dimond, his associates, sue- Provision of cessors, and assigns to manufacture and supply fuel act and illuminating gas and its by-products in Honolulu; "Be it enacted by the legislature of the Territory of'f w. w. D - Hawaii, Section 1. That W. W. Dimond, of Honolulu, ized to manuisland of Oahu, Territory of Hawaii, his associates, sue- fetcti Hao., cessors, and assigns, or such corporation as he or theylulu, Hawaii. shall cause to be incorporated under the laws of the Territory of Hawaii (he or they being hereinafter referred to 104 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. as W. W. Dimond), are hereby authorized and empowered to manufacture and supply gas for use as a fuel, for illuminating purposes, and otherwise, in Honolulu, which, for the purpose of this act, shall be held to include all of that portion of the island of Oahu extending from the westerly limits of Moanalua to the southeastern extremity of said island, and lying to the southwest of the Konahuanui range of mountains on said island. Buildings, "SEc. 2. Said W. W. Dimond shall have the right to etc. erect and maintain at such places, within the limits mentioned in section one, as the superintendent of public works shall approve, such buildings, machinery, and appurtenances as may be necessary for the production, manufacture, and storage of such gas, together with its various by-products, as may be required from time to time during the existence of the rights hereby granted. Pipes. " SEC. 3. Said W. W. Dimond, for the purpose of distributing such gas for use as by this act authorized, shall have the right from time to time to lay pipes or other conduits for such distribution, in or under the streets, roads, and places in the said district; and whenever supply pipes and mains shall be laid in any block, connections shall be made and pipes shall be laid from said main to the curb line of the street for the purpose of supplying gas to the property holders adjoining such street, and each of such connections shall be provided with stopcocks inside of such curb line: Provided, That nothing herein shall prevent the laying down of additional branches or connections at any time when future requirements render the same necessary. But the methods by which such streets, roads, and places are to be used shall be subject to prior consent and approval of the superintendent of public works, and all instructions and directions made by him shall be strictly followed, to the end that the general public shall be inconvenienced as little as possible; and provided, likewise, that whenever any street, road, or other place shall be excavated and holes or trenches made therein for laying, maintaining, replacing or repairing such pipes, conduits, or connections, such holes or trenches shall be safeguarded and refilled as soon as possible, and the pavement, if any, and such street, road, or place shall be replaced in good order and condition: Provided, That if such repair or restoration shall not be made to the satisfaction of the superintendent of public works within a reasonable time, whereof he shall be judge, he may cause it to be done at the expense of the said W. W. Dimond. Street lamps, "SEC. 4. Said W. W. Dimond shall also have the right etc. etcto erect and maintain lamp-posts or other appliances for lighting streets, roads, or other places, and of connecting the same with the supply pipes: Provided, That such use of said streets, roads, or other places shall first be approved by said superintendent of public works: And provided further, That if said W. W. Dimond shall manufacture and supply illuminating gas, as well as gas for HAWAII. 105 fuel, and shall erect lamp-posts as aforesaid, he shall, on requisition of the superintendent of public works, furnish free of cost gas for fifty street lights, and thereafter shall each year furnish five more in addition to the number furnished the preceding year. " SEC. 5. Said W. W. Dimond shall also have the right Meters. to maintain and use gas meters or other means for measuring the amount of gas used from time to time and in such places as may be deemed necessary, and to operate the same for all purposes connected with the use of such gas, and shall also have the right to charge, receive, and collect from all consumers of gas such reasonable prices as he or such persons or corporation may from time to time fix and determine, but not at any time to exceed two dollars and twenty-five cents per thousand cubic feet, with a discount of ten per cent on all payments made within ten days after due and demanded, and shall also have the right to charge consumers or intended consumers of gas for the cost and expense of making connections between the mains and premises where such gas is to be used, and may include also the price for all connecting pipe, gas fixtures, and other material necessary: Provided, That power is hereby conferred upon the courts of appropriate jurisdiction at all times and upon the petition of any consumer or the said W. W. Dimond, his. associates, successors, or assigns, or of such corporation to hear and determine from time to time what rate or rates are reasonable, and to enforce the same by appropriate judgment or decree. " SEC. 6. Said W. W. Dimond shall also have the right Cutting off to cut off the supply of gas from any consumer who shall SuPPly. refuse or fail to pay amounts due for gas so supplied by the said W. W. Dimond, within such reasonable time as may be fixed for payment of the same; but such cutting off shall not prevent the said W. W. Dimond from using any remedies now or which may hereafter be authorized by law for collecting debts. " SEC. 7. Said W. W. Dimond may erect and construct General powall buildings, machinery, and other appurtenances neces-er' sary to the operation of the rights hereby granted, and may maintain and operate the plant necessary to the enjoyment of the rights hereby granted, either personally or in connection with others as partners; or the rights, powers, and authorities hereby granted may be assigned to other persons, or to a corporation to be by him or them incorporated under the laws of the Territory of Hawaii, but in all cases, by whomsoever the rights, powers, and authorities hereby granted shall be exercised, such exercise and operation shall be in such manner as to cause the least inconvenience to the public, and he or they shall, in such use, provide fuel and illuminating gas of the best quality obtainable, which quality shall be subject to the control of such reasonable rules and regulations as the superintendent of public works shall from time to time 106 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. deem necessary for the protection of the public, and the buildings and machinery, with all appurtenances, to be erected, and general plant to be maintained in connection therewith, together with the offices, books, and accounts of the said persons or corporations shall be open to examination and inspection at all times by the superintendent of public works or his agent duly authorized for that purpose. Limitations. " SEC. 8. It is further provided that the rights hereby granted shall cease and determine, if operations hereunder are not commenced by beginning the construction of buildings or other works for manufacturing or supplying such gas, or by laying pipes or other conduits in any of such streets, roads, or places within one year from and after the passage of this act, or within one year after the franchise hereby granted shall be approved by the Congress of the United States, should such approval be deemed necessary to the legality hereof; and also that such works shall be in operation and gas shall be supplied for the purpose of this act within two years after such work has been so commenced: Provided, That the rights hereby granted shall not be considered exclusive. Grant not ex- " SEc. 9. On the first day of July of each year there shall be payable to the treasurer of the Territory of Hawaii, for and on behalf of such Territory, two and one-half per centum of the gross receipts of said W.W. Dimond for all gas furnished to consumers under the terms of this act. " SEC. 10. This act shall take effect from and after the date of its approval. "Approved this 15th day of April, 1903. " SANFORD B. DOLE, "Governor of the Territory of Hawaii." Amendment. SEC. 2. That Congress, or the legislature of the Territory of Hawaii with the approval of Congress, may at any time alter, amend, or repeal said Act. Apr. 21, 1904. CHAP. 1407.-An Act Making appropriations for fortifications [H. R. 12446.] and other works of defense, for the armament thereof, for the [Public, No. procurement of heavy ordnance for trial and service, and for 130.] other purposes. 33 Stat. L., pt. 1, p. 234. (Fortifications in Insular Possessions. See p. 50.) Apr. 23, 1904. CHAP. 1485.-An Act Making appropriation for the support of [H. R. 10670.] the Army for the fiscal year ending June thirtieth, nineteen hun [Public, No. dred and five, and for other purposes. 149.1 33 Stat. L., (Contract surgeons, on duty in Hawaii, transfer of pay. pt. 1, p. 259. See p. 54.) HAWAII. 107 CHAP. 1486. —An Act Making appropriations for the Depart- Apr. 23. 1904. ment of Agriculture for the fiscal year ending June thirtieth, nine- [H. R. 11825.] teen hundred and five. [Public, No. 150.] (Weather Bureau, salaries and general expenses in Ha- p33 Stat. L., waiian Islands; Agricultural Experiment Stations, Hawaii. See p. 218.) CHAP. 1622.-An Act Making appropriations for the naval Apr. 27, 1904. service for the fiscal year ending June thirtieth, nineteen hundred [H. R. 12220.] and five, and for other purposes. [Public, No. 181.] (Naval station. See p. 58.) pt, Stat. L4. CHAP. 1630.-An Act Making appropriations to supply de- Apr. 27, 1904. ficiencies in the appropriation for the fiscal year ending June [l1. R. 15054.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189. ] 33 Stat. L., (Chinese exclusion laws reenacted. See p. 219.) pt. 1, p 394. CHAP. 1762.-An Act Making appropriations for sundry civil Apr. 28, 1904. expenses of the Government for the fiscal year ending June thir- [H. R. 14416.] tieth, nineteen hundred and five, and for other purposes. [Public No. 194.] 33 Stat. L., (Quarantine service; Surveys, Hawaiian Islands. See pt. 1, p. 452. p. 220.) (Bringing homne remains of officers, soldiers, and civilian employees of the Army. See p. 63.) CHAP. 1830.-An Act To ratify and confirm the present right of way of the Oahu Railway and Land Company through the military reservation of Kahauiki, Territory of Hawaii. Be it enacted by the Senate and House of Representa- Apr. 28, 1904. tives of the United States of America in Conaress as- [ N. sembled, That the deeds from the authorities of Hawaii, [Pubic No. dated the twenty-ninth day of April, nineteen hundred pt3 Stat. L., and three, and the fourth day of February, eighteen Right of way hundred and ninety-nine, respectively, to the Oahu Rail- thulkiesvaway and Land Company, conveying a right of way forty ton ahconfmed feet wide for a railway of said company through the way and Land military reservation of Kahauiki, district of Kona, Oahu, Compiny. Hawaiian Islands, be, and the same are hereby, ratified and confirmed. FIFTY-EIGHTH CONGRESS, THIRD SESSION. Feb. 3,1905. CHAP. 297.-An Act Making appropriations for the legislative, [H. R. 15895.] executive, and judicial expenses of the Government for the fiscal [Public, No. year ending June thirtieth, nineteen hundred and six, and for 40.] other purposes. 33 Stats. L., pt. 1, p. 631. Be it enacted by the Senate and Hrouse of Representatives leegi s lative, f the United States of America inCongressassembled, That executive, and Judicial ex- the following sums be, and the same are hereby, appropenses appropriations. priated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and six, for the objects hereinafter expressed, namely: * * * I * GOVERNMENT IN THE TERRITORIES. * * * * * Hawaii. TERRITORY OF HAWAII: For governor, five thousand dollars; secretary, three thousand dollars; chief justice, five thousand five hundred dollars; and two associate justices, at five thousand dollars each; in all, twenty-three thousand five hundred dollars. For judges of circuit courts, at three thousand dollars each, so much as may be necessary, for the fiscal year ending June thirtieth, nineteen hundred and six. For contingent expenses of the Territory of Hawaii, to be expended by the governor for stationery, postage, and incidentals, five hundred dollars, and for private secretary to the governor, two thousand dollars; for traveling expenses of the governor while absent from the capital on official business, five hundred dollars; in all, three thousand dollars. JUDICIAL. * * *. * * H a w a i, DISTRICT COURT, TERRITORY OF -IAWAII: For the payment of the salaries of the judge, clerk, and the reporter of the United States district court for the Territory of Hawaii, at five thousand dollars, three thousand dollars, and one thousand two hundred dollars, respectively, nine thousand two hundred dollars. Mar. 3, 1905. CHAP. 1402.-An Act Making appropriations for fortifica[H. R. 17094.] tions and other works of defense, for the armament thereof, for [Public, No. the procurement of heavy ordnance for trial and service, and for 135.] Lother purposes. 33 Sat., 84, pt. 1, p. 845. ( Fortifications in Insular Possessions. bee pp. 6b, byi.) 108 HAWAII. 109 CHAP. 1405.-An Act Making appropriations for the Depart- Mar. 3.1905. ment of Agricilture for the fiscal year ending June thirtieth, nine- [H- R. 18329.1 teen hundred and six. [Public, No. 138.] (Ieather Bureat, salaries and general expenses in p33 Stat. L., Hawaiian Islands; Agricultural Experiment Stations, Hawaii. See pp. 224, 225.) CHAP. 1407.-An Act Making appropriations for the diplomatic Mar. 3,1905. and consular service for the fiscal year ending.Tune thirtieth, [H. R. 18468.] nineteen hlndred and six.ublic [Public, No. 140.] (Relief and protection of American seamen. See p. pt33 Stat. L., 225.) t. 1,. 915. CHAP. 1443.-An Act To provide for the investigation of lep- Mar. 31905. rosy, with special reference to the care and treatment of lepers [H. t. 16914.] in IHawaii. [Public, No. 176. Be it enacted by? the Senate and House of Representatives pt, Stats. L., of the United States of America inCongressassembled, That when the Territorial government of Hawaii shall cede to iLeposy hosthe United States in perpetuity a suitable tract of land pital at Mobkal, to be esone mile square, more or less, on the leper reservation attablished. Molokai, Hawaii, there shall be established thereon a hospital station and laboratory of the Public Health and Marine-Hospital Service of the United States for the study of the methods of transmission, cause, and treatment of leprosy. SEC. 2. That the Secretary of the Treasury be, and he Buildings. is hereby, authorized to cause the erection upon such site of suitable and necessary buildings for the purposes of this Act, at a cost not to exceed the sum herein appro- cost. )riated for such purpose. SEC. 3. That for the purposes of this Act the Surgeon- Treatment of General, through his accredited agent, is authorized to patient. receive at such station such patients afflicted with leprosy as may be committed to his care under legal authorization of the Territory of Hawaii, not to exceed forty in number to be under treatment at any time, said patients to remain under the jurisdiction of the said Surgeon-General, or his agent, until returned to the proper authorities of Hawaii. SEc. 4. That the Surgeon-General of the Public Health Medical offand Marine-Hospital Service of the United States is au-cers, etc. thorized to detail or appoint, for the purposes of these investigations and treatment, such medical officers, acting assistant surgeons, pharmacists, and employees as may be necessary for said purpose. SEC. 5. That the sum of one hundred thousand dollars Appropriais hereby appropriated, from any money in the Treasury ton for building and mainnot otherwise appropriated, for the erection of necessary tenance. buildings and other equipment; and fifty thousand dollars, or so much thereof as may be necessary, for maintenance and pay of all officers and employees during the 110 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. fiscal year ending June thirtieth, nineteen hundred and Six. Administra- SEC. 6. That the Surgeon-General of the Public Health tion rules. and Marine-Hospital Service shall, subject to the approval of the Secretary of the Treasury, make and adopt regulations for the administration and government of the hospital station and laboratory and for the management and treatment of all patients of such hospital. Extra pay to SEC. 7. That when any commissioner or noncommiso ff c ers de- sioned officer of the Public Health and Marine-Hospital Service is detailed for duty at the leprosarium herein provided for, he shall receive, in addition to the pay and allowances of his grade, one-half the pay of said grade and such allowances as may be provided for by the Surgeon-General of the Public Health and Marine-Hospital Service, with the approval of the Secretary of the Treasury. Mar. 3, 1905. CHAP. 1465.-An Act To amend sections fifty-six, eighty, and [HI. R. 18641.] eighty-six of "An Act to provide a government for the Territory [Public, No. of Hawaii," approved April thirtieth, nineteen hundred. 198.] 33 Stats. L., pt. 1. p. 1035. Be it enacted by the Senate and House of Representatives 0 f f i c i a I s of the UnitedStates ofAmerica in Congressassembled, That of municipali- section fifty-six of an Act of the Congress of the United Appointment States of America entitled "An Act to provide a governor election of. ment for the Territory of Hawaii," approved April thirtieth, nineteen hundred, be, and the same is hereby, amended by the addition of the following: " and all officials thereof shall be appointed or elected, as the case may be, in such manner as shall be provided by the governor and legislature of the Territory." Tenure of of- SEC. 2. That section eighty of the aforesaid Act is hereby amended by the addition of the following: " Provided, however, That nothing in this section shall be construed to conflict with the authority and powers conferred by section fifty-six of this Act as herein amended." S u p r eme SEC. 3. That section eighty-six of the aforesaid Act be Court of the United States. amended by adding the following at the end of said secAppeals, etc..tion: "Provided, That writs of error and appeals may also be taken from the supreme court of the Territory of Hawaii to the Supreme Court of the United States in all cases where the amount involved, exclusive of costs, exceeds the sum or value of five thousand dollars." Effect. SEC. 4. That this Act shall take effect and be in force from and after its passage. Mar. 3, 1905. CHAP. 1481.-An Act Making appropriations for the naval -H. R. 18467.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. and six, and for other purposes. 214.] pt33 Stat12., (Naval station, Hawaii; For repairs of barracks, Marine Corps, Hawaii. See pp. 69, 71.) HAWAII. 111 CHAP. 1482.-An Act Making appropriations for the construe- Mar. 3, 1905. tion, repair, and preservation of certain public works on rivers [H- R. 18809.] and harbors, and for other purposes. [Public, No. 215.] Be it enacted by the Senate and Hourse of Representatives pt331, tat. 117. of the UnitedStates ofAmerica in Congress assembled, That the following sums of money be, and are hereby, appro- harbers appro priated, to be paid out of any money in the Treasury not priatlons. otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of 'War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: Improving harbor at Honolulu, Hawaii: In accord- Honolulu, ance with the report and surveys made by the land de- awa partment of the government of the Sandwich Islanls prior to annexation and the further report of Lieutenant Slattery, two hundred thousand dollars: Provided, That ronviso. a contract or contracts may be entered into for such materials and work as may be necessary to prosecute said work, to be paid for as appropriations may from time to time be made by law, not to exceed in the aggregate two hundred thousand dollars in excess of the amount herein appropriated. The amounts herein appropriated and atuthorized may be expended upon'sections one, two, and three, it being the intention to provide first for the completion of section one, and the Secretary of War is authorized and directed to cause a resurvey of said harbor to be made. SEC. 9. (See p. 37.) * *. * * * TERRITORY OF HAWAII. Harbor at Hilo, Island of Hawaii, with a view to the construction of a breakwater along Blonde Reef to Cocoanut Island. * * * * * CHAP. 1483.-An Act Making appropriations for sundry civil Mar. 3, 1905. expenses of the Government for the fiscal year ending June thir- [H. R. 18969.] tieth, nineteen hundred and six, and for other purposes. [Public, No. 216.] (Bringing home remains of officers, soldiers, and civil- pt331, p.at56. ian employees of the Army. See p. 72.) (Quarantine service, Hawaiian Islands; For surveys, Hawaiian Islands; Courts. See pp. 226-228.) 112 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1905. CHAP. 1484.-An Act Making appropriations to supply defi[H. R. 19150. ciencies in the appropriations for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and five, and for prior years, and for other 217.] purposes. 33 Stats. L., pt. 1, p. 1214. Be it enacted by the Senate and House of Representatives of the UnitedStates of America in Congressassembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise Deficiencies appropriated, to supply deficiencies in the appropriations appropriations for the fiscal year nineteen hundred and five and for prior years, and for other objects hereinafter stated, namely: T. do aamd To refund to K. Odo and T. Murakami amounts colT. Murakami. Refund to. lected from them erroneously on merchandise imported into the port of Honolulu, Hawaii, in September, nineteen hundred and two, and covered into the Treasury as a fine, which has been since remitted, five hundred and fifty-four dollars and eighty cents. "Expenses of regulating immigration:" And provided further, That nothing contained in the sundry civil appropriation Act, approved March third, nineteen hundred and three, making appropriation for the establishHonol ln, ment of an immigration station at Honolulu, Hawaii, Hawaii. Quarantineshall be construed to prevent payment of the cost of the station. furniture and equipments required for said station from the permanent appropriation for "Expenses of regula-' ting immigration." J * * * * ISTHMIAN CANAL ZONE. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 1485.-An Act Making appropriation for the support of Apr. 23,1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670.] dred and five, and for other purposes. [Public, No. 149.] (Retired enlisted men, allowance for service in Pana- 33 Stats. L., ma; Increased pay. See pp. 54, 55.) pt. 1, p. 259. CHAP. 1630.-An Act Making appropriations to supply defi- Apr. 27, 1904. ciencies in the appropriation for the fiscal year ending June thir- [H. R. 15054.] tieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 189.] 33 Stats. L., Be it enacted by the Senate and House of Representatives pt. 1, p. 394. of the United States of America in Congress assembled, That app riationss the following sums be. and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: * * * * * LEGISLATIVE. SENATE. * $ * * * To pay William B. Turner for completing the table of William B. Turner. contents and preparing an index to the Report of the Payment to. Isthmian Canal Commission and appendices thereto, three hundred dollars. To pay G. C. Lodge for translating document entitled G. C. Lodge. "Compagnie Nouvelle du Canal de Panama," as author- Payment to. ized by Senate resolution of February second, nineteen hundred and four, thirty-four dollars and fifty cents. * * * * * CLAIMS ALLOWED BY THE AUDITOR FOR THE STATE AND OTHER DEPARTMENTS. * * * * * (For determining the most practicable route for canal across the Isthmus of Panama. See p. 82.) SEC. 5.. (Chinese exclusion laws reenacted. See p. 219.) 113 114 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Apr. 28, 1904. CHAP. 1758.-An Act To provide for the temporary government IS. 5342.] of the Canal Zone at Panama, the protection of the canal works, [Public, No. and for other purposes. 190.] 33 Stats. L., pt. 1, p. 429. Be it enacted by the Senate and House of Representatives Canal Z o n e of the UnitedStates ofAmerica in Congress assembled, That at Panama rossessionthe President is hereby authorized, upon the acquisiand occupancy tion of the property of ihe New Panama Canal Company and the payment to the Republic of Panama of the ten millions of dollars provided by article fourteen of the treaty between the United States and the Republic of Panama, the ratifications of which were exchanged on the twenty-sixth day of February, nineteen hundred and four, to be paid to the latter Government, to take possession of and occupy on behalf of the United States the zone of land and land under water of the width of ten miles, extending to the distance of five miles on each side of the center line of the route of the canal to be constructed thereon, which said zone begins in the Caribbean Sea three marine miles from mean low-water mark and extends to and across the Isthmus of Panama into the Pacific Ocean to the distance of three marine miles from mean low-water mark, and also of all islands within said zone, and in addition thereto the group of islands in the Bay of Panama named Perico, Naos, Culebra, and Flamenco, and, from time to time, of any lands and waters outside of said zone which may be necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said canal, or of any auxiliary canals or' other works necessary and convenient for the construction, maintenance, operation, sanitation, and protection of said enterprise, the use, occupation, and control whereof were granted to the United States by article two of said treaty. The said zone is hereinafter referred Payment to to as " the Canal Zone." The payment of the ten millions Panama. of dollars provided by article fourteen of said treaty shall be made in lieu of the indefinite appropriation made tAppropria-in the third section of the Act of June twenty-eighth, nineteen hundred and two, and is hereby appropriated for said purpose. Powers of SEC. 2. That until the expiration of the Fifty-eighth ernment vested Congress, unless provision for the temporary government tenthe Presi-of the Canal Zone be sooner made by Congress, all the military, civil, and judicial powers as well as the power to make all rules and regulations necessary for the government of the Canal Zone and all the rights, powers, and authority granted by the terms of said treaty to the United States shall be vested in such person or persons and shall be exercised in such manner as the President shall direct for the government of said Zone and maintaining.and protecting the inhabitants thereof in the free enjoyment of their liberty, property, and religion. FIFTY-EIGHTH CONGRESS, THIRD SESSION CHAP. 297.-An Act Making appropriations for the legislative, Feb. 3, 1905. executive, and judicial expenses of the Government for the fiscal [H. R. 15895.] year ending June thirtieth, nineteen hundred and six, and for [Public, No. other purposes. 40.i 33 Stats. L., Be it enacted by the Senate and House of Representati es pt. 1, p. 631. of the UnitedStates ofAmerica in Congress assembled, That Legisl a t i v e, executive, and the following sums be, and the same are hereby, appro- judicial expriated, out of any money in the Treasury not otherwise Iptlons approappropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and six, for the objects hereinafter expressed, namely: TREASURY DEPARTMENT. * * * * * Hereafter the accounts for the Isthmian Canal Com- Is t h m i a n Canal Commlsmission shall be audited by the Auditor for the War sion's accounts. Department. * * * * * CHAP. 1307.-An Act Making appropriation for the support Mar. 2, 1905. of the Army for the fiscal year ending June thirtieth, nineteen [H. R. 17473.] hundred and six..[Public, No. 127.] (Additional pay for officers and enlisted men serving pt.33, Sta. L. in Panama. See p. 66.) CHAP. 1311.-An Act Fixing the status of merchandise coining Mar. 2,1905. into the United States from the Canal Zone, Isthmus of Panama. [H. R. 18285.] [Public, No. Be it enacted by the Senate and House of Representatives 131.] of the UnitedStates ofAmerica inCongressassembled, That pt33 Stat8. L all laws affecting imports of articles, goods, wares, and Canal zone. mechnds and e TArticles, etc., merchandise and entry of persons into the United States imported from, from foreign countries shall apply to articles, goods, subject to tarwares, and merchandise and persons coming from the Canal Zone, Isthmus of Panama, and seeking entry into any State or Territory of the United States or the District of Columbia. 115 116 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1905. CHAP. 1484.-An Act Making apI)ropriations to supply defi[H. R. 19150.] ciencies in the appropriations for the fiscal year ending June [Public, No. thirtieth, nineteen hundred and five, and for prior years, and for 217. other purposes. 33 Stats. L., pt. 1, p. 1214. Be it enacted by the Senate and House of Representatives Deficienci es of the UnitedStates of America in Congress assembl)ed,That appropriations the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal vear nineteen hundred and five and for prior years, and for other objects hereinafter stated, namely: * * * *.. * LEGISLATIVE. SENATE. * * 8 * * Canal Zone. That so much of the sum appropriated by the Act apUnexpended e d balance avala- proved April twenty-eighth, nineteen hundred and four, ble. to defray the expenses of the Commission created by that Act, remaining unexpended, may be expended by said Commission under the direction of the chairman of said Commission for the further investigation of the matters for which said Act provided, but no expenditure beyond Commissionsaid unexpended balance shall be made; and the Corncontinued. mission is hereby revived and continued until the beginning of the next session of Congress. * * * * * PHILIPPINE ISLANDS. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 8, 1904. deficiencies in the appI)ropriations for the fiscal year ending June [H. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other )urposes. 22.] 33 Stats. L., Be it enacted by the Senate and House of Representatives pt. 1, p- 15. of the United States of America imCongress assembled, That Urgent deflthe following sums be, and the same are hereby, appro- prations. priated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely: TREASURY DEPARTMENT.:* * * * * OWNERS OF BRITISHr STEAMSHIP MOGUL: To pay the "M o g u 1," amount found due by the accounting officers of the Treas- ship. ury, under the provisions of the deficiency Act of March Payment t o third, nineteen hundred and three, to Gallatly, Hankey and Company, of London, England, owners of the British steamship Mogul, for damages by reason of the collision between said steamship and the United States transport Warren in Manila Bay, December thirtieth, nineteen hundred, fifteen thousand three hundred and three dollars and seven cents. WAR DEPARTMENT. REIMBURSEMENT TO THE GOVERNMENT OF THE PHILIP- Philippine Islands. PINE ISLANDS: To reimburse the amount due the govern- Reimbursement of the Philippine Islands for expenses incurred nnt to govbetween April first, nineteen hundred and one, and December thirty-first, nineteen hundred and three, in the maintenance of prisoners whose support is a proper charge against the United States Government, forty thousand six hundred and sixty-seven dollars and eightyseven cents. * * * * * 117 3449-07 —10 118 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. NAVAL ESTABLISHMENT. Public Works, Navy Department. c * * * (Naval station, Cavite, P. I. See p. 48.) Mar. 12,1904. CHAP. 543.-An Act Making appropriations for the diplomatic [H. R. 11287.] and consular service for the fiscal year ending June thirtietl, [Public, No. nineteen hundred and five. 48.] 33 Stats. L., (Relief and protection of American seamen. See pt. p. 67. p. 215.) CHAP. 716.-An Act Making appropriations for the legislative, Mar. 18, 1904. executive, and judicial expenses of the Government for the fiscal 1. R. 9 i year ending June thirtieth, nineteen.hundred and five, and for [Public, No. other purposes. 57.1 33 Stats. L., Be it enacted by the Senate and IHouse of Representatives Legisl a ti e, of the United States ofAmerica in Congress assembled, That executive, and the following sums be, and the same are hereby, approjudicial appro- priated, out of any money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and five, for the objects hereinafter expressed, namely:.~: * * * DEPARTMENT OF COMMERCE AND LABOR. * * * * * BUREAU OF IMMIGRATION. * * * * * The immigration laws of the United States in force in Immigration the Philippine Islands shall continue to be administered Iasne siall^p b the officers of the Philippine government. pine Islands. Apr. 13, 1904. CHAP. 1253.-An Act To authorize the Government of the [S. 276.'] United States to participate in celebrating the one hundredth [Public, No. anniversary of the exploration of the Oregon country by Captains 111.] Meriwether Lewis and William Clarke in the years eighteen hun33 Stats. L., dred and four, eighteen hundred and five, and eighteen hundred. 1, p and six, and for other purposes. (Exhibit from Philippine Islands. See p. 217.) PHILIPPINE ISLANDS. 119 a CHAP. 1314 -An act to regfulate shipping il trade between Apr. 15, 1904. ports of the United States and ports or places in the Philippine [IS 2259.] Archipelago, between ports or places in the Philippine Archipel- [Public, No. ago, and for other purposes. 114.] 33 Stats. L., Be it enacted by the Senate and IHouse of Representatives pt. 1, p. 181. of the United States of America in Congressassembled, That c a r r y n g a goods between on and after July first, nineteen hundred and six, no mer- UTnited States and restricted chandise except supplies for the Army or Navy shall be afder rstlyt transported by sea, under penalty of forfeiture thereof, 1906, to Amerbetween ports of the United States and ports or places v s. in the Philippine Archipelago, directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any foreign sailings per mitted foreign vessel between any port of the United States and any port ships. or place in the Philippine Archipelago: Provided, That Proviso. no merchandise other than that imported in such vessel wSih lpments from some foreign port which has been specified on the landed. manifest as for another port, and which shall not have been unloaded, shall be carried between a port of the United States and a port or place in the Philippine Archipelago. SEC. 2. That on and after July first, nineteen hundred Pa s senger and six, no foreign vessel shall transport passengers between ports of the United States and ports or places in the Philippine Archipelago, either directly or by way of a foreign port, under a penalty of two hundred dollars Penalty. for each passenger so transported and landed. SEC. 3. That sections one and two of this Act shall not Interisland apply to the transportation of merchandise or passengers fed. not af. between ports or places in the Philippine Archipelago. Until Congress shall have authorized the registry as vessels of the United States or vessels owned in the Philippine Archipelago the government of the Philippine Is- Authority of lands is hereby authorized to adopt, from time to time, e P nment. gov and enforce regulations governing the transportation of merchandise and passengers between ports or places in the Philippine Archipelago. SEC. 4. That sections one and two of this Act shall not voyages b e - apply to the voyage of a vessel between a port of the n 1906, not afUnited States and a port or place in the Philippine Archi- fected. pelago begun before July first, nineteen hundred and six. SEC. 5. That sections one and two of this Act shall not ships owned apply to vessels owned by the United States. ta nite ed SEC. 6. That on and after the passage of this Act the Tonnage tax same tonnage taxes shall be levied, collected, and paid oiPn els from upon all foreign vessels coming into the United States from the Philippine Archipelago which are required by law to be levied, collected, and paid upon vessels coming into the United States from foreign countries: Provided, Provisos. however, That until July first, nineteen hundred and six, hlNtnt applica the provisions of law restricting to vessels of the United 1, 1906. a Amended. See note, page 120. 120 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. States the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be applicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States: And provided arbor busi- further, That the Philippine Commission shall be authorness licenses.. I ized and empowered to issue licenses to engage in lighterage or other exclusively harbor business to vessels or other craft actually engaged in such business at the date of the passage of this Act, and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the United States or by inhabitants of the Philippine Islands. tre p a t n h SEC. 7. That this Act shall not be construed to impair treaty rights unimpaired. or affect any privilege guaranteed to Spanish ships and merchandise by the treaty of peace between the United States and Spain signed at the city of Paris on December tenth, eighteen hundred and ninety-eight, and ratified April eleventh, eighteen hundred and ninety-nine. Regulations. SEC. 8. That the Secretary of Commerce and Labor shall, from time to time, issue regulations for the enforcement of this Act, except as otherwise provided in Proviso. section three: Provided, That such of the navigation Continua n c e of navigation laws of the United States as are in force in the Philippine laws. Archipelago in regard to vessels arriving in the Philippine Islands from the mainland territory and other insular possessions of the United States shall continue to be administered by the proper officials of the government of the Philippine Islands. NOTE. [PUBLIC-No. 136.1 An Act To regulate shipping in trade between ports of the IJnited States and ports or places in the I'hilippine Archipelago, between ports or places in the Philippine Archipelago, and for other purposes. Be it enacted by the Senate and House of Rcprcsentatives of the United States of America in Congress assembled, That on and after April eleventh, nineteen hundred and nine, no merchandise except supplies for the Army or Navy shall be transported by sea, under penalty of forfeiture thereof, between ports of the United States and ports or places in the Philippine Archipelago, directly or via a foreign port, or for any part of the voyage, in any other vessel than a vessel of the United States. But this section shall not be construed to prohibit the sailing of any foreign vessel between any port of the United States and any port or place in the Philippine Archipelago: Provided, That no merchandise other than that imported in such vessel from some foreign port which has been specified on the manifest as for another port, and which shall have not been unloaded, shall be carried between a port of the United States and a port or place in the Philippine Archipelago. SEC. 2. That on and after April eleventh, nineteen hundred and nine, no foreign vessel shall transport passengers between ports df the United States and ports or places in the Philippine Archipelago, either directly or by way of a foreign port, under a penalty of two hundred dollars for each passenger so transported and landed. SEC. 3. That sections one and two of this Act shall not apply to the transportation of merchandise or passengers between ports PHILIPPINE ISLANDS. 121 or places in the Philippine Archipelago. Until Congress shall have authorized the registry as vessels of the United States of vessels owned in the Philippine Archipelago the government of the Philippine Islands is hereby authorized to adopt, from time to time, and enforce regulations governing the transportation of merchandise and passengers beween ports or places in the Philippine Archipelago. SEC. 4. That sections one and two of this Act shall not apply to the voyage of a vessel between a port of the United States and a port or place in the Philippine Archipelago begun before April eleventh, nineteen hundred and nine. SEC. 5. That sections one and two of this Act shall not apply to vessels owned by the United States. SEC. (;. rIThat on and after the passage of this Act the same tonnage taxes shall be levied, collected, and paid upon all foreign vessels cominng into the United States from the Philippine Archipelago whlichl are required by law to be levied,,collected, and paid upon vessels coming into the United States from foreign countries: Proridcd, however, That until April eleventh, nineteen hundred and lnine, the provisions of law restricting to vessels of the United States the transportation of passengers and merchandise directly or indirectly from one port of the United States to another port of the United States shall not be aIpplicable to foreign vessels engaging in trade between the Philippine Archipelago and the United States: And provided[ f.rther, That the Philippine Com mission slill be authorized and empowered to issue licenses to engage in ligllterage or other exclusively harbor business to vessels or other craft actually engaged in such business at tlhe date of the passage of this Act, and to vessels or other craft built in the Philippine Islands or in the United States and owned by citizens of the IUnited States or by inhabitants of the Philippine Islands. SEc. 7. That the Secretary of Commerce and Labor shall, from time to time, issue regulations for the enforcemnent of this Act, except as otherwise Irovided in section three: Provided, That such of the navigation laws of the United States as are in force in the Philippine Archipelago in regard to vessels arriving in the Philippine Islands from the mainland territory and other insular possessions of the United States slhll continue to be administered by the proper officials of the governmenlt of the Ihilippine Islands. SEC. 8. That all laws and parts of laws in conflict with the pro visions of this Act are hereby repealed. Approved. April 30, 1906. CHAP. 1407.-An Act Making appropriations for fortifications Apr. 21, 1904. and other works of defense, for the armament thereof, for the [H. R. 12446.] procurement of heavy ordnance for trial and service, and for other [Public, No. purposes. 130.] 33 Stats. L., (Fortifications in Insular possessions. See p. 50.) p. 1, p. 234. CHAP. 1485.-An Act Making appropriation for the support of Apr. 23. 1904. the Army for the fiscal year ending June thirtieth, nineten hun- [H. R. 10670.] dred and five, and for other purposes. [Public. No. 149.] (For branch office, Military Information Division, Mla- pt 1, p. 259. nila; Retired enlisted men, allowance for service in the Philippine Islands; Contract surgeons serving in P. I., transfer of pay; Increased pay for officers and enlisted men; Philippine Scouts; Barracks and quarters; Funds for stores transferred to Philippines by Army; Account '122 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. between civil government of the Philippine Islands and the United States to be declared settled and launches directed to be transferred to former. See pp. 51, 54-57.) At. 27, 1904. CHAP. 1622.-An Act Making appropriations for the naval [H.R. 12220.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. and five, and for other purposes. 181.] 33 Stats. L., (Naval station, Cavite, P. I.; Naval Station, Olongapo, P. 1.; Naval Magazines, P. 1.; Naval Hospital, Canacao, P. I.; For repairs of Barracks, P. I.; Cold-storage and ice plant, Olongapo, P. I. See pp. 57-61.) Apr. 27, 1904. CHAP. 1630.-An Act Making appropriations to supply defi[H. R. 15054.] ciencies in the appropriation for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and four, and for prior years, and for 189.] other purposes. 33 Stats. L., pt. 1, p. 394. Be it enacted by the Senate and House of Representatives aDpefletienc ^f the United States ofAmericain Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for prior years, and for other objects hereinafter stated, namely; NAVAL ESTABLISHMENT. MARINE CORPS. (Military Stores in the P. I.; Forage in P. I. See p. 62.) * * * *:* DEPARTMENT OF COMMERCE AND LABOR. Twelfth Cen- TWELFTH CENSUS: For the purpose of enabling the PhilippineBureau of the Census to complete the compilation and census, etc. promulgation of the census in the Philippine Islands and of such other statistical work as may be transferred to said Office by the Secretary of Commerce and Labor pursuant to the authority vested in him by section four of Balance r e- the Act creating said Department, and for the other purappropriated. poses named herein, the proviso in the Act of March third, nineteen hundred and three, entitled " An Act making appropriations to supply deficiencies in the appropriations for the fiscal year ending June thirtieth, nineteen hundred and three, and for prior years, and for other purposes," reappropriating the unexpended balance of the Twelfth Census fund, is hereby reenacted, and the amount of said fund remaining unexpended on June PHILIPPINE ISLANDS. 123 thirtieth, nineteen hundred and four, is hereby reappropriated and made available for the fiscal year ending June thirtieth, nineteen hundred and five, for the purposes indicated in said proviso, and also for the purposes named herein. * * * * * SEC. 5. (Chinese exclusion laws reenacted. See p. 219.) CHAP. 1762.-An Act Making appropriations for Sundry Civil Apr. 28, 1904. expenses of the Government for the fiscal year ending June thir- [H R. 14416.] tieth, nineteen hundred and five, and for other purposes. [Public, No. 194.] (Completion of office for ordnance.depot; Bringing pt33 Sats. L, home the remains of officers and soldiers who die abroad and civil employees of the army who die abroad and soldiers who die on transports. Back pay and bounty on account of service of officers and men in the P. I. See pp. 63, 64.) CHAP. 1826.-An Act To relieve obligors on bonds given to the Apr. 28, 1904. United States upon the exportation to the Philippine Islands prior [H. R. 13088.] to November twentieth, nineteen hundred and one, of articles [Public, No. subject to internal-revenue tax. 258.] 33 Stats. L., Be it enacted by the Senate and House of Representatives pt. 1, p. 574. f the UnitedStates of America in Congressassembled, That Philippine Islands. all bonds given to the United States prior to November Cancellation twentieth, nineteen hundred and one, upon the transpor- cert inc d eox tation and shipment to the Philippine Islands of artic tisarticles shpsubject under existing statutes to the payment of internal- ped to. revenue tax, which are in form given for the proper exportation of the article therein described to a foreign country free of internal-revenue tax, or with benefit of drawback, as the case may be, shall be treated in all respects as if given for and upon a shipment to a foreign country, and shall be canceled upon presentation of evidence of the shipment to a port of the Philippine Islands, or of landing at such port, as the case may be, the same as if such port were a port of a foreign country. The obligors upon any of such bonds shall have such reason- Time for preable time from and after the passage of this Act as may be senting claims prescribed by the Secretary of the Treasury within which to present the evidence required by existing statutes for the cancellation of such bonds. FIFTY-EIGHTH CONGRESS, THIRD SESSION. Feb. 6, 1905. CHAP. 453.-An Act To amend an Act approved July first, [H. R. 14623.] nineteen hundred and two, entitled "An Act temporarily to pro[Public, No. vide for the administration of the affairs of civil government in 43.] the Philippine Islands, and for other lpurposes," and( to anIend an 33 Stats. L., Act approved March eighth, nineteen lundred and two, entitled "An Act tenmporarily to provide revenue for tlhe Philippine Islands, and for other purposes," and to nmeld(l an Act approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," and to provide for the more efficient administration of civil government in the Philippine Islands, and for other purposes. Be it enacted by the Senate and Hloutse of Representatiives Philippine s- of the UnitedStates of America in on gress assemb1)ld(, That lands, government of. all bonds issued bv the government of the Philippine empt from tax- Islands, or by its authority, shall be exempt from taxaation. tion by the Government of tlhe United States, or by the government of the Philippine Islands or of any political or municipal subdivision thereof, or by any State, or by any county, municipality, or other municipal subdivision of any State or Territory of the United States, or by the District of Columbia. I s s u e o f SEC. 2. That for the purpose of providing funds to conbonds for pub- ri rl lic improve- struct port and harbor works, bridoes, roads, bil(lings far zents author-provincial and municipal schools, court-houses, penal institutions, and other public improvements for tlhe development of the Philippine Islands by the general government thereof, the said government is authorized from time to time to incur indebtedness, borrow money, and to issue and sell therefor (at not less than par value in gold coin of the United States) registered or coupon bonds of such denominations and payable at such time or times, not later than forty years after the date of the approval of this Act, as may be determined by said government, with interest thereon not to exceed four and one-half per Pirovisos. in-centum per annum: Provided, That the entire indebteddebtedness. ness of said government created by the authority conferred bv this section shall not exceed at any one time the Approval b y sum of five million dollars: And pronided farther, That the law of said government creating the indebtedness and authorizing the issue of the bonds under this section shall be approved by the President of the United States. SEC. 3. That section sixty-six of the Act of Congress approved July first, nineteen hundred and two, entitled "An Act temporarily to provide for the administration 124 PHILIPPINE ISLANDS. 125 of the affairs of civil government in the Philippine Islands, and for other purposes," is hereby amended to read as follows: " SEC. 66. That for the purpose of providing funds to M u n icipal construct necessary sewer and drainage facilities, to se-lic improvecure a sufficient supply of water and necessary buildings ments. for primary public schools in municipalities, the government of the Philippine Islands may, where currenlt taxation is inadequate for the purpose, under such limitatiolns, termls, and con(litions as it may prescril)e, authorize, MAay issi e i where current by appropriate legislation, to be approved by the IPresi- taxation is in(lent of the United States, any municipality of saidadequate. islands to incur indebtedness, borrow money, an(l to issue and sell (at not less than par value in gold coin of.the United States) registered or coupon lbonds, in such amounllt and payable at such time as nmay be determined to be necessary by the government of said islands, with interest thereon not to exceedl five per centum per annum: Provided, That the entire in(lebtedness of any munici- Proviso. pality shall not exceed five per centurm of the assessed detednes invaluation of the real estate in said municipality, and any obligations in excess of such limit shall be null and void." SEC. 4. That for the p)urpose of aiding in the construe- Aid to railtion, equipment, operation, and maintenance of such rail- roads. roads, using steam, electricity, or other power, in the Philippine Islan(ls as the Philippine government may hereafter specifically authorize, the said government is empowered to enter into a contract of guaranty with any railroad company organized pursuant to the laws of said. Guaranty of interest on government or of the United States or any State thereof ibonds authorundertaking to construct, equip, operate, and maintainllze any such railroad, whereby the said government shall gurralntee interest, at not exceeding four per centum per annum lupon the first lien bonds to be issulled lv such corn- Maximum interest on first. pany, proplerly secure(d by mortgage or deed of trust upon lien bonds. the said railroad, its equipment, franchises, and other property, real, personal, and Inixed, then owned and thereafter to be acquired. Such contract of guaranty shall be signed on behalf of Conditions. said government by the governor-general thereof, and on behalf of the railroad company undertaking the construction, equipment, maintenance, and operation of said railroad by the chief officer thereof, thereunto duly authorized by the stockholders and directors of the same, and shall contain, among others, the following provisions: First. That the total amount of bonds the interest Bond issue upon which is to be guaranteed shall in no event exceed a mo u nt inthe amount actually invested in cash in the construction vested. and equipment of such railroad, to be determined as hereinafter provided. Second. That no debt except as above provided shall be Priority of g o v ern ment incurred by the said undertaking railroad company, its liens. successors or assigns, by which a lien shall be created 126 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. upon such railroad, its equipment or other property, prior to the lien of said government to secure the repayment of the interest paid by it under said guaranty without the consent of the Congress. Time of con- Third. That the said railroad shall be constructed and struction. equipped within the time limited in the first instance by the Philippine government, or any extension of said time granted by said government for good cause shown. Use of gross Fourth. That after the construction and equipment of earnings. said railroad in accordance with the foregoing provisions and all others of the contract of guaranty, the railroad shall apply its gross earnings as follows: First, to the necessary operating expenses, including reasonable expenses of the corporation; second, to the necessary and ordinary repairs of said railroad and its equipment; third, to such betterments and extraordinary repairs of said railroad or equipment as may be first by the governor-general of the islands, in writing, expressly consented to; fourth, to the payment of the interest on the bonds, the interest on which to any extent shall have been guaranteed by the Philippine government under this section. Execution of The contract of guaranty shall be in substance indorsed guaranty con- 1 1 tract restrict-upon said bonds and signed by the treasurer of said govdCompletion ofernment, and the said contract of guaranty shall not be certain mile-executed except upon satisfactory proof of the completion age required. of the railroad in sections of not less than twenty continuous miles each, and in such proportion, to be fixed from time to time by said government, as the actual capital invested in completed road and acquired equipment shall bear to the capital required for the completion and equipment of the entire road, to be determined by the said government. Lien for in- All payments made under any such guaranty shall be terest paid rom the time the same are paid a lien upon said railroad and its property then owned and thereafter to be acquired subject only to the lien of the mortgage or deed of trust executed to secure the bonds, the interest upon which shall have been so guaranteed, and the total sum paid under such guaranty shall at the expiration thereof be payable to said Philippine government upon demand, Default. and in default of such payment the said lien shall be immediately forecloseable. Proviso. Provided, That in no event shall the total annual cona L mt tingent liability of said government under the guaranties guaranty. authorized by this section at any time exceed the sum of one million two hundred thousand dollars, and no such guaranty shall continue for a longer period than thirty years. Supervision For the further security of the Philippine governover roads, etc. inent said government shall declare the proper rules for ascertaining clearly the cash capital actually invested in said railroads and the net income actually received on PHILIPPINE ISLANDS. 127 said capital so invested, and shall provide for supervision by said Philippine government, through the auditing, engineering and railroad bureaus thereof and by such other agencies as may be fixed by law, of the conduct of the finances of the road, and of its location, construction, operation, and maintenance. The Philippine government shall appoint two mem- Appointment bers of the board of directors of any undertaking corn-of directors. pany the interest on whose bonds shall be guaranteed as provided in this section. Each such railroad company shall make such reports Reports of refrom time to time as to its receipts and expenditures, in celpts and exsuch form and substance and sworn to by such officials, as may be prescribed by the Philippine government. The supreme court of the Philippine Islands shall have Powers of suoriginal and exclusive jurisdiction in all actions, proceed- o ee d e d ings or suits at law or in equity brought by the Philip- roads. pine government against any person or corporation involving the construction of this section or any right existing under, duty enjoined or act prohibited by said section or any contract made in pursuance thereof; and jurisdiction is hereby vested in the supreme court to make such order, to enter such judgment or decree and to take such proceedings in enforcement thereof as mav be proper. During the vacations of said court the chief justice or any judge thereof shall have all the power to grant restraining orders, orders of injunction, to appoint receivers, or to do any other act under authority herein granted, that a judge of a court of general jurisdiction may do in the vacation of court. Section seventy-four of an Act entitled " An Act tem- Franchise porarily to provide for the administration of the affairs grants. of civil government in the Philippine Islands, and for other purposes," approved July first, nineteen hundred and two, so far as the same is not in conflict with the provisions of this section, is hereby made applicable to the corporations the interest upon whose bonds or any part thereof shall be guaranteed under the provisions hereof. SEC..5. That material imported into the Philippine Construction, etc., material Islands for the construction and equipment of railroads admited free of therein may, in the discretion of the general government duty. of said islands, under rules and regulations to be by it prescribed, be admitted free of duty. SEC. 6. That the immigration laws of the United States Immigration. in force in the Philippine Islands shall be administered L admi to be in f t iadministered by the officers of the general government thereof desig- b Philippine 1 - d o cIals. nated by appropriate legislation of said government, and all moneys collected under said laws as duty or head tax on alien immigrants coming into said islands shall not be covered into the general fund of the Treasury of the Use of funds. United States, but shall be paid into the treasury of said islands to be used and expended for the government and benefit of said islands. 128 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Su P r e m e SEC. 7. That the government of the Philippine Islands Court. P a y o f is hereby authorized to prescribe the compensation for judges. the chief justice and associate justices of the supreme court of the islands, not to exceed ten thousand five hundred dollars for the chief justice and ten thousand dollars Vacancies, for each associate justice per annum. Whenever, by reaetc son of temporary disability of any judge of the supreme court or by reason of vacancies occurring therein, a quorum of the court shall not be present for business the governor-general of said islands is authorized to designate a judge or judges of the court of first instance in the islands to sit and act temporarily as a judge or judges of the supreme court in order to constitute a quorum of said Traveling ex-supreme court for business. If a judge so designated penses. shall not have his usual place of residence at the city of Manila, he shall be allowed his traveling expenses from his usual place of residence to Manila and return and the sum of ten pesos, Philippine currency, a day for the period during which he is engaged in the supreme court, the period to be calculated from the time he leaves his usual place of residence until his return from Manila. Governor- SEC. 8. That the civil governor of the Philippine title rf e I slands shall hereafter be known as the governor-general governor. of the Philippine Islands. M i n e r a 1 SEC. 9. That sections twenty-two, twenty-three, twentylands. four, twenty-five, twenty-nine, thirty-one, thirty-six, thirty-seven, thirty-nine, fifty-three, and fifty-eight of the Act of Congress approved July first, nineteen hundred and two, entitled 'An Act temporarily to provide for the administration of the affairs of civil government in the Philippine Islands, and for other purposes," being M e asure- provisions of said Act respecting mineral lands, are mrents reduced to metric sys- hereby amended by reducing all measurements therein, ter. whether of distance, area, or value, to the metric system, to wit, feet to meters, acres to hectares, miles to kilomevalues to pe-ters, and also dollars to pesos, so that said sections as So. amended shall read as follows: Locating os " SEC. 22. That mining claims upon land containing veins or lodes of quartz or other rock in place-bearing gold, silver, cinnabar, lead, tin, copper, or other valuable deposits located after the passage of this Act, whether located by one or more persons qualified to locate the same under the preceding section, shall be located in the followRegulations. ing manner and under the following conditions: Any person so qualified desiring to locate a mineral claim shall, subject to the provisions of this Act with respect to land which may be used for mining, enter upon the same and locate a plat of ground measuring, where possible, but not exceeding three hundred meters in length by three hundred meters in breadth, in as nearly as possible a rectangular form; that is to say, all angles shall be right angles, except in cases where a boundary line of a previously surveyed claim is adopted as common to both claims, but the lines need not necessarily be meridional. PHILIPPINE ISLANDS. 129 In defining the size of a mineral claim it shall be measured horizontally, irrespective of inequalities of the surface of the ground. " SEC 23. That a mineral claim shall be marked by two Demarcation posts, placed as nearly as possible on the line of the ledge of claims. or vein, and the posts shall be numbered one and two, and the distance between posts numbered one and two shall not exceed three hundred meters, the line between posts numbered one and two to be known as the location line; and upon posts numbered one and two shall be written the name given to the mineral claim, the name of the locator, and the date of the location. Upon post numbered one there shall be written, in addition to the foregoing, ' Initial post,' the approximate compass bedring of post numbered two, and a statement of the number of meters lying to the right and to the left of the line from post numbered one to post numbered two, thus:' Initial post. Direction of post numbered two meters of this claim lie on the right and meters on the left of the line from number one to number two post.' All the particulars required to be put on number one and number two posts shall be furnished by the locator to the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, in writing, at the time the claim is recorded, and shall form a part of the record of such claim. " SEC. 24. That when a claim has been located the holder oMarking lines shall immediately mark the line between posts numbered one and two so that it can be distinctly seen. The locator shall also place a post at the point where he has found minerals in place, on which shall be written ' Discovery post:' Provided, That when the claim is surveyed the sur- Proviso. veyor shall be guided by the records of the claim, the Surveys. sketch plan on the back of the declaration made by the owner when the claim was recorded, posts numbered one and two, and the notice on number one, the initial post. Examples of " EXAMPLES OF VARIOUS MODES OF LAYING OUT CLAIMS. claims. 1. 2. 3. No. 2 post. 0 -150 meters. No. 2 post. 0 loom. I No. 1 post. No. 1 post. No. 1 poet. 130 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Removal af "SEC. 25. That it shall not be lawful to move number ful. one post, but number two post may be moved by the deputy mineral surveyor when the distance between posts numbered one and two exceeds three hundred meters, in order to place number two post three hundred meters from number one post on the line of location. When the distance between posts numbered one and two is less than three hundred meters, the deputy mineral surveyor shall have no authority to extend the claim beyond number two." Fr actIonal " SEC. 29. That no mineral claim which at the date of claims. Declaration, its record, is known by the locator to be less than a fullsized mineral claim, shall be recorded without the word 'fraction' being added to the name of the claim, and the application being accompanied by an affidavit or solemn declaration made by the applicant or some person on his behalf cognizant of the facts: That the legal posts and notices have been put up; that mineral has been foumd in place on the fractional claim proposed to be recorded; that the ground applied for is unoccupied by any other person. In the said declaration shall be set out the name of the applicant and the date of the location of the Description. claim. The words written on the posts numbered one and two shall be set out in full, and as accurate a description as possible of the position of the claim given. Sketch plan. A sketch plan shall be drawn by the applicant on the back of the declaration, showing as near as may be the position of the adjoining mineral claims and the shape and size, expressed in meters, of the claim or fraction Proviso, desired to be recorded: Provided, That the failure on Innocent nonc o m p 1 I ance the part of the locator of a mineral claim to comply with wIt h regula- any of the foregoing provisions of this section shall not be deemed to invalidate such location if, upon the facts, it shall appear that such locator has actually discovered mineral in place on said location and that there has been on his part a bona fide attempt to comply with the provisions of this Act, and that the nonobservance of the formalities hereinbefore referred to is not of a character calculated to mislead other persons desiring to locate claims in the vicinity." Re c ording "SEC. 31. That every person locating a mineral claim claims. shall record the same with the provincial secretary, or such other officer as by the government of the Philippine Islands may be described as mining recorder of the district within which the same is situate, within thirty days after the location thereof. Such record shall be made in a book to be kept for the purpose in the office of the said provincial secretary or such other officer as by said government described as mining recorder, in which shall be inserted the name of the claim, the name of each locator, the locality of the mine, the direction of the location line, the length in meters, the date of location, and the date of the record. A claim which shall not have been re PHILIPPINE ISLANDS. 131 0 corded within the prescribed period shall be deemed to have been abandoned." "SEC. 36. That the United States Philippine Commis- Mining regusion or its successors may make regulations, not in con- IR e q u i r eflict with the provisions of this Act, governing the loca-ments. tion, manner of recording, and amount of work necessary to hold possession of a mining claim, subject to the following requirements: " On each claim located after the passage of this Act, Assessments. and until a patent has been issued therefor, not less than two hundred pesos' worth of labor shall be performed or improvements made during each year: Provided, That Proviso...., Relocation on upon a failure to comply with these conditions the claim noncompliance or mine upon which such failure occurred shall be open w it regulato relocation in the same manner as if. no location of the same had ever been made, provided that the original locators, their heirs, assigns, or legal representatives have not resumed work upon the claim after failure and before such location. Upon the failure of any one of several Delinquent coowners to contribute his proportion of the expenditures part owners. required thereby, the coowners who have performed the labor or made the improvements may, at the expiration of the year, give such delinquent coowners personal notice in writing, or notice by publication in the newspaper published nearest the claim, and in two newspapers published at Manila, one in the English language and the other in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands, for at least once a week for ninety days, and if, at the expiration of ninety days after such notice in writing or by publication, such delinquent shall fail or refuse to contribute his proportion of the expenditure required by this section, his interest in the claim shall become the property of his coowners who have made the required expenditures. The period within which the work required Assessment to be done annually on all unpatented mineral claims periods. shall commence on the first day of January succeeding the date of location of such claim. "SEC. 37. That a patent for any land claimed and lo- Patents. cated for valuable mineral deposits may be obtained in the Applications. following manner: Any person, association, or corporation authorized to locate a claim under this Act, having claimed and located a piece of land for such purposes, who has or have complied with the terms of this Act, may file in the office of the provincial secretary, or such other officer as by the government of said islands may be described as mining recorder of the province wherein the land claimed is located, an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the chief of the Philippine insular bureau of public lands, showing accurately the 132 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. boundaries of the claim, which shall be distinctly marked by monuments on the ground, and shall post a copy of Notice. such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such office, and shall thereupon be entitled to a patent for the lands, in the manner followrublicationing: The provincial secretary, or such other officer as by by mrining re-the Philippine government may be described as mining recorder, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such an application has been made, once a week for the period of sixty days, in a newspaper to be by him designated as nearest to such claim, and in two newspapers published at Manila, one in the English language and one in the Spanish language, to be designated by the chief of the Philippine insular bureau of public lands; and lie shall also post such notice in his office for the same period. Filing certifi-The claimant at the time of filing this application, or at ate, etc. ally time thereafter within the sixty days of publication, shall file with the provincial secretary, or such other officer as by the Philippine government may be described as mining recorder, a certificate of the chief of the PhilipiJine insular bureau of public lands that one thousand pesos' worth of labor has been expended or improvements made upon the claim by himself or grantors; that the plat is correct, with such further description by such reference to natural objects or permanent monuments as shall identify the claim, and furnish an accurate descripIssue of pat-tion to be incorporated in the patent. At the expiration est in nncon- of the sixty days of publication the claimant shall file his affidavit, showing that the plat and notice have been posted in a conspicuous place on the claim during such period of publication. If no adverse claim shall have been filed with the provincial secretary, or such other officer as by the government of said islands may be described as mining recorder, at the expiration of the sixty days of publication, it shall be assumed that the applicant is entitled to a patent upon the payment to the provincial treasurer, or the collector of internal revenue, of twenty-five pesos per hectare, and that no adverse claim exists; and thereafter no objection from third parties to the issuance of a patent shall be heard, except it be shown that the applicant has failed to comply with the Provio. terms of this Act: Provided, That where the claimant for Nonresidents a patent is not a resident of or within the province wherein the land containing the vein, ledge, or deposit sought to be patented is located, the application for patent and the affidavits required to be made in this section by the claimant for such patent may be made by his, her, or PHILIPPINE ISLANDS. 133 its authorized agent where said agent is conversant with the facts sought to be established by said affidavits." "SEC. 39. That where an adverse claim is filed during A d v e r s e the period of publication it shall be upon oath of the per-claims. son or persons making the same, and shall show the nature, boundaries, and extent of such adverse claim, and all proceedings, except the publication of notice and making and filing of the affidavits thereof, shall be stayed until the controversy shall have been settled or decided by a court of competent jurisdiction or the adverse claim waived. It shall be the duty of the adverse claimant, Proeey dings within thirty days after filing his claim, to commence claimants. proceedings in a court of competent jurisdiction to determine the question of the right of possession and prosecute the same with reasonable diligence to final judgment, and a failure so to do shall be a waiver o- his adverse claim. After such judgment shall have been rendered the party certitied copy entitled to the possession of the claim, or any portion of judgment.thereof, may, without giving further notice, file a certified copy of the judgment roll with the provincial secretary, or such other officer as by the government of the Philippine Islands may be described as mining recorder, together with the certificate of the chief of the Philippine insular bureau of public lands that the requisite amount of labor has been expended or improvements made thereon, and the description required in other cases, and shall pay to the provincial treasurer or the collector of Payment. internal revenue of the province in which the claim is situated, as the case may be, twenty-five pesos per hectare for his claim, together with the proper fees, whereupon the whole proceedings and the judgment roll shall be certified by the provincial secretary, or such other officer as by said government may be described as mining recorder, to the secretary of the interior of the Philippine Islands, and a patent shall issue thereon for the claim, or such Issuance of portion thereof as the applicant shall appear, from the patents. decision of the court, rightly to possess. The adverse Oaths. claim may be verified by the oath of any duly authorized agent or attorney in fact of the adverse claimant cognizant of the facts stated; and the adverse claimant, if residing or at the time being beyond the limits of the province wherein the claim is situated, may make oath to the adverse claim before the clerk of any court of record, or any notary public of any province or military department of the Philippine Islands, or any other officer authorized to administer oaths where the adverse claimant may then be. If it appears from the decision of the court that sev- interest of eral parties are entitled to separate and different portions several e r sons in o n e of the claim, each party may pay for his portion of the claim. claim, with the proper fees, and file the certificate and description by the chief of the Philippine insular bureau of public lands, whereupon the provincial secretary or -such other officer as by the government of said islands 3449-07 11 134 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. may be described as mining recorder shall certify the proceedings and judgment roll to the secretary of the interior for the Philippine Islands, as in the preceding case, and patents shall issue to the several parties accordTitle. ing to their respective rights. If, in any action brought pursuant to this section, title to the ground in controversy shall not be established by either party, the court shall so find, and judgment shall be entered accordingly. Costs. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the office of the provincial secretary or such other officer as by the government of.said islands may be described as mining recorder or be entitled to a patent for the ground in controversy until he Alienation of hall have perfected his title. Nothing herein contained title. shall be construed to prevent the alienation of a title conveyed by a patent for a mining claim to any person whatever.' Coal-land en- " SEC. 53. That every person above the age of twentyone years who is a citizen of the United States or of the Philippine Islands, or who has acquired the right of a native of said islands under and by virtue of the treaty of Paris, or any association of persons severally qualified as above, shall, upon application to the proper provincial treasurer, have the right to enter any quality of vacant coal lands of said islands, not otherwise appropriated or Limit. reserved by competent authority, not exceeding sixty-four hectares to such individual person, or one hundred and twenty-eight hectares to such association upon payment to. the provincial treasurer or the collector of internal M n i m um revenue, as the case may be, of not less than fifty pesos per price. hectare for such lands, where the same shall be situated more than twenty-five kilometers from any completed railroad or available harbor or navigable stream, and not less than one hundred pesos per hectare for such lands as shall be within twenty-five kilometers of such road, harProviso. bor, or stream: Pro cided, That such entries shall be taken Entries, in squares of sixteen or sixty-four hectares, in conformity with the rules and regulations governing the public-land surveys of the said islands in plotting legal subdivisions." Saline lands. " SEC. 58. That whenever it shall be made to appear to the secretary of any province or the commander of any military department in the Philippine Islands that any lands within the province are saline in character, it shall be the duty of said provincial secretary or commander, under the regulations of the government of the Philippine Islands, to take testimony in reference to such lands, to ascertain their true character, and to report the same to Auctionsales. the secretary of the interior for the Philippine Islands; and if upon such testimony the secretary of the interior shall find that such lands are saline and incapable of being purchased under any -of the laws relative to the public domain, then and in such case said lands shall be offered for sale at the office of the provincial secretary, or PHILIPPINE ISLANDS. 135 such other officer as by the said government may be described as mining recorder of the province or department in which the same shall be situated, as the case may be, under such regulations as may be prescribed by said government and sold to the highest bidder for cash at a price of not less than six pesos per hectare; and in case such Private sale. lands fail to sell when so offered, then the same shall be subject to private sale at such office, for cash, at a price not less than six pesos per hectare, in same manner as other lands in the said islands are sold. All executive Of1 olaatl"n proclamations relating to the sales of public saline lands shall be published in only two newspapers, one printed in the English language and one in the Spanish language, at Manila, which shall be designated by said secretary of the interior." SEC. 10. That section eight of an Act of Congress ap- Silver certifproved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," is hereby amended by striking out the word " ten " in said section and inserting in lieu thereof the words "five hundred," so that said section when amended shall read as follows: a "SEc. 8. That the treasurer of the Philippine Islands deInmaioe in is hereby authorized, in his discretion, to receive deposits of the standard silver coins of one peso authorized by this Act to be coined, at the treasury of the government of said islands or any of its branches, in sums of not less than twenty pesos, and to issue silver certificates therefor in denominations of not less than two pesos nor more than five hundred pesos, and coin so deposited shall be retained in the treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and for all public dues in the Philippine Islands, and when so received may be reissued, and when held by any banking association in said islands may be counted as a part of its lawful reserve." 'SEC. 11. That the government of the Philippine Is- Tonnage tax on foreign yeslands is hereby authorized to modify, suspend, or repeal sels. the provisions respecting tonnage dues set forth in sec- lfght t e to, tions fourteen and fifteen of an Act entitled "An Act to granted. revise and amend the tariff laws of the Philippine Archipelago," enacted by the Philippine Commission on the seventeenth day of September, nineteen hundred and one, and confirmed by an Act of Congress approved March eighth, nineteen hundred and two, entitled "An Act temporarily to provide revenue for the Philippine Islands, and for other purposes." a Amended. See note, p. 136. 136 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Repeal. SEC. 12. That all Acts or parts of Acts inconsistent with the provisions of this Act are hereby repealed. NOTE.-[PUBLIC-No. 274.] An Act To amend an Act approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands." Be it enacted by the Senate and House of Rcprcsentatives of the United States of America in Congress assembled, That, with the approval of the President of the United States, the government of the Philippine Islands is hereby authorized, whenever in its opinion such action is desirable, in order to carry out the provisions of section six of the Act approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," to change the weight and fineness of the silver coins authorized by said Act, and may in its discretion provide a weight and fineness proportionately less for subsidiary coins than for the standard Philippine pesos, and may also in its discretion recoin any of the existing coins of the Philippine Islands at the new weight and fineness when such coins are received into the Treasury or into the gold standard fund of the Philippine Islands: Provided, That the weight and fineness of the silver peso to be coined in accordance with the provisions of this section shall not be reduced below seven hundred parts of pure silver to three hundred of alloy. SEC. 2. That section eight of an Act of Congress approved March second, nineteen hundred and three, entitled "An Act to establish a standard of value and to provide for a coinage system in the Philippine Islands," as amended by section ten of an Act approved February sixth, nineteen hundred and five, is hereby further amended to read as follows: " SEC. 8. That the treasurer of the Philippine Islands is hereby authorized, in his discretion, to receive at the treasury of the government of the said islands or any of its branches deposits of the standard silver coins of one peso authorized by this Act to be coined, in sums of not less than twenty pesos, Philippine currency, and to issue certificates therefor in denominations of not less than two pesos nor more than five hundred pesos, and coin so deposited shall be retained in the treasury and held for the payment of such certificates on demand, and used for no other purpose. Such certificates shall be receivable for customs, taxes, and for all public dues in the Philippine Islands, and when so received may be reissued, and when held by any banking association in said islands may be counted as a part of its lawful reserve: Provided, That the treasurer of the Philippine Islands, with the approval of the governor-general, may substitute for any part of such silver pesos hereafter deposited, gold coin of the United States legally equivalent in value, and redeem the certificates hereafter issued* in either silver pesos or such gold coin of equivalent value at the option of the Treasurer: Provided further, That the amount of gold coin held in such reserve shall not at any time exceed sixty per centuni of the total amount of certificates outstanding." Approved, June 23, 1906. Feb. 6, 1905. CHAP. 454.-An Act To extend certain provisions of the Re[H. R. 17646.] vised Statutes of the United States to the Philippine Islands. [Public, No. 44.] Be it enacted by the Senate and House of Representatives pt. 1, stat. ' of the UnitedStates of America in Congress assembled, That Philippine Is-the provisions of sections fifty-two hundred and seventy, lands. fifty-two hundred and seventy-one, fiftv-two hundred provisions ex- and seventy-two, fifty-two hundred and seventy-three, tended to. fifty-two hundred and seventy-four, fifty-two hundred PHTLIPPINE ISLANDS. 137 and seventy-five, fifty-two hundred and seventy-six, and fifty-two hundred and seventy-seven of the Revised Statutes (as amended by the Act approved August third, eighteen hundred and eighty-two), so far as applicable, shall apply to the Philippine Islands for the arrest and removal therefrom of any fugitives from justice charged with the commission within the jurisdiction of any foreign government of any of the crimes provided for by treaty between the United States and such foreign nation, and for the delivery by a foreign government of any person acused of crime committed within the jurisdiction of the Philippine Islands. Such fugitive from justice of Arrest. a foreign country may, upon warrant duly issued by any judge or magistrate of the Philippine Islands, and agreeably to the usual mode of process against offenders therein, be arrested and brought before such judge or magistrate, who shall proceed in the matter in accordance with the provisions of the Revised Statutes hereby made applicable to the Philippine Islands: Provided, That for Pov is. the purposes of this section the order or warrant for de- sued by go vlivery of a person committed for'extradition prescribed ern.o' by section fifty-two hundred and seventy-two of the Revised Statutes shall be issued by the governor of the Philippine Islands under his hand and seal of office, and not by the Secretary of State. SEC. 2. That the provisions of sections fifty-four hun- Escape of dred and nine and fifty-four hundred and ten of the Re- pri vised Statutes are hereby made applicable to proceedings in extradition from the Philippine Islands, either to the United States under an Act entitled "An Act to provide for the removal of persons accused of crime to a-id from the Philippine Islands for trial," approved February ninth, nineteen hundred and three, or to foreign countries under the provisions of this Act. CHAP. 777.-An Act For allowance of certain claims reported Feb. 24, 1905. by the Court of Claims, and for other purposes. [I. R. 9548.] [Public, No. 99. ] (Claims of John Corwine, Captain Archibald TW. Butt, 33 Stat. L., and Lieutenant Leonard L. Deitrick. See pp. 83-85.) pt. 1, p. 743. CHAP. 1307.-An Act Making appropriation for the support of Mar. 2, 1905. the Army for the fiscal year ending June thirtieth, nineteen hun- [IH. R. 17473.] dred and six. [Public, No. 127.1 (Branch office Military Information Division, Manila; 33 Stat. L., Increase pay of offcers and enlisted men serving in P. t. 1,. 27. Philippine Scouts; Barracks and quarters, P. I.; Funds for military stores transferred to Philippines. See pp. 65-68.) 138 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 3, 1905. CHAP. 1402.-An Act Making appropriations for fortifications [H. R. 17094.] and other works of defense, for the armament thereof, for the pro[Public, No. curement of heavy ordnance for trial and service and for other 135.] purposes. 33 Stat. L., t. 1,. 845 (Fortifications in Insular Possessions. See pp. 68-69.) CHAP. 1407.-Au Act Making appropriations for the diplomatic [ar. 3, 1905. and consular service for the fiscal year ending June thirtieth, [.. 1 nineteen hundred and six. [Public, No. 33 Stat. L., (Relief and protection of American seamen. See p. pt. 1, p. 915. 225.) CHAP. 1408.-An Act To revise and amend the tariff laws of [H. R. 18965. the Philippine Islands, and for other purposes. [Public, No. Be it enacted by the Senate and House of Representatives 33 Stat. L. of the UnitedStates of America in Congressassembled, That pt. 1, p. 928.. Pl hillp pine the provisions of General Orders, Numbered Forty-nine, tariff revision office of the United States military governor in the Philippine Islands, dated October twenty-third, eighteen hundred and ninety-nine, relating to customs duties on imports and exports of the Philippine Islands, and tonnage duties and wharf charges therein, and the several orders supplemental thereto and amendatory thereof, are hereby amended to read as follows: collection of SEC. 2. That duties shall be collected on all articles, duties. goods, and merchandise imported into the Philippine Islands at the rates hereinafter provided, except when expressly exempted from duty by this Act. Goods in SEC. 3. That merchandise in transit at the time the transit, present revision goes into effect may be entered under the Proviso. provisions of law existing at the time of shipment: ProTime limit. vided, however, That this privilege shall not be extended beyond the period of sixty days after the date of the enforcement of the present tariff of duties and taxes. Rates. SEC. 4. That duties shall be collected at the rates hereinafter provided on such articles, goqds, and merchandise exported from the Philippine Islands as are hereinafter specifically prescribed in this Act. SEC. 5 That the following rules and regulations shall be observed in the construction and enforcement of the various provisions of this Act: General rules. GENERAL RULES. Textiles. CUSTOMS TREATMENT OF TEXTILES. Thread count. RULE 1. NUMBER OF THREADS AND ITS ASCERTAINMENT.By the number of threads in a textile shall, unless otherwise stipulated, be meant the totality of all the threads comprised in the warp and weft in a square of six millimeters. The warp of textiles is to be considered as the PHILIPPINE ISLANDS. 139 totality of the threads which lie longitudinally, whether they form the foundation of the same or whether they have been added in order to form patterns or give the stuff more body. The weft shall be considered the totality of the threads which cross the warp of the textile and combine the same conditions of helping to form patterns or to add to the body of the stuff, even though such threads be cut or show a want of continuity. In order to determine for customs treatment of textiles the number of threads and the proportion in which the threads * * * subject to the highest duty are found in the textile, the instrument known as the "thread counter" shall be employed. Should there be a doubt as to the ascertainment of the number of threads in a textile, owing to the textile being more closely woven in some parts than in others, the most closely woven part and the most loosely woven part shall be taken, and the average number of threads resulting from the two shall serve as a basis for levying duty. When the nature of the tissue permits it, the thread shall always be counted on the obverse side of the stuff. In all woolly or melton-like textiles, and generally in all textiles in which the threads have become indistinct by carding or fulling, the threads shall be counted on the reverse side of the stuff by rasping or burning the hair when necessary. In exceptional cases, where after these operations the ascertainment of the number of threads remains doubtful, a sufficient part of the textiles shall be unraveled. Should this likewise be impossible, as, for instance, in areadyi-made case of ready-made articles, the textile shall be subject to the highest duty of the group to which it belongs, and should the textile be mixed, it shall be dutiable according to the class in which the most highly taxed material entering into the mixture is comprised. CUSTOM TREATMENT OF MIXED TEXTILES. Mixed t e xtiles. RULE 2. ADMIXTURES OF TWO MATERIALS.-Textiles of Two materlall kinds, composed of two materials, shall be dutiable as als. follows: (a) Cotton textiles containing threads of hemp, jute, linen, ramie, or other vegetable fiber shall be dutiable according to the corresponding numbers of group three, class four, with the surtaxes established in each case [Class IV, group three, Rule AJ: Provided, That the number of these threads of hemp, jute, linen, ramie, or other vegetable fibers, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile., When the number of threads of hemp, jute, linen, ramie, or other vegetable fiber exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of class five. 140 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (b) Cotton textiles containing threads of wool, flock wool, hair, or wastes of these materials shall be dutiable according to the corresponding numbers of group three, Class IV, with the surtaxes established in each case [Class IV, group three, Rule A]: Provided, That the number of threads of wool, flock wool, hair, or their wastes, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile. When the number of threads of wool, flock wool, hair, or their wastes exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VI, as textiles mixed with wool. (c) Cotton textiles containing threads of silk or floss silk shall be dutiable according to the corresponding numbers of group three, Class IV, with the surtaxes established in each case [Class IV, group three, Rule A]: Provided, That the number of silk or floss-silk threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile. When the number of threads of silk or floss silk exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VII [Class IV, group three, Rule A]. (d) Textiles of hemp, jute, linen, ramie, or other vegetable fibers, containing threads of wool, flock wool, hair, or their wastes shall te dutiable according to the corresponding numbers of group two, Class V, with the surtaxes established in each case [Class V, group two, Rule A]: Provided, That the number of these threads of wool, flock wool, hair, or their wastes counted in the warp and weft does not exceed one-fifth of the total number of threads composing the textile. When the number of threads of wool, flock wool, hair, or their wastes exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of group three, Class VI, as textiles mixed with wvool. [Class V, group two, Rule A.] (e) Textiles of hemp, jute, linen, ramie, or other vegetable fibers containing threads of silk or floss silk shall be dutiable according to the corresponding numbers of group two, Class V, with the surtaxes established in each case [Class V, group two, Rule A]: Provided, That the number of these threads of silk or floss silk counted in the warp and weft.does not exceed one-fifth of the total number of threads composing the textile. When the number of silk or floss-silk threads exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VII. [Class V, group two, Rule A.] (f) Textiles of wool, flock wool, or hair, containing threads of silk, or floss silk, shall be dutiable according to the corresponding numbers of group three, Class VI, with the surtaxes established in each case [Class VI, group three, Rule A]: Provided, That the number of PHILIPPINE ISLANDS. 141 silk or floss-silk threads does not exceed one-fifth of the total number of threads composing the textile. When the number of silk or floss-silk threads exceeds one-fifth of the totl], the textiles shall be subject to the corresponding duties of Class VII. [Class VI, group three, Rule A.] RULE 3. ADMIXTURES OF MORE THAN TWO MATERIALS.- More t h a n Textiles composed of more than two materials shall betW~ materials. dutiable as follows: (a) Textiles containing an admixture of wool and cotton, or of wool and other vegetable fibers and, at the same time, threads of silk or of floss silk, shall be subject to the corresponding duties of Class VI, as mixed woolen textiles, whatever be the proportion of thd threads of vegetable fibers, and shall, in addition, be liable to the surtax leviable on the silk or floss-silk threads: Provided, That the number of these threads counted in the warp and weft does not exceed one-fifth of the total number of threads composing the textile. When the number of silk or floss-silk threads exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VII. (b) Textiles containing an admixture of cotton and other vegetable fibers, and at the same time threads of silk or floss silk, shall be subject to the corresponding duties of Class V and assimilated to textiles of jute, hemp, and so forth, whatever be the proportion of the cotton threads; they shall, in addition, be liable to the surtax leviable on the silk or floss-silk threads: Provided, That the number of these threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile. When the number of silk or floss-silk threads exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VII. (c) Textiles of an admixture of wool, cotton, and other vegetable fibers, containing no silk threads, shall be subject to the corresponding duties of Class V, and shall, in addition, be liable to the surtax leviable on woolen threads: Provided, That the number of these threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile. When the number of woolen threads exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VI, as woolen textiles. RULE 4. SILK TEXTILES.-All textiles containing silk Silks. or floss-silk threads the number of which, counted in the warp and weft, exceeds one-fifth of the total number of threads composing the textile, shall be considered as textiles of silk. EXCEPTIONS.-For knitted stuffs, tulles, laces, blondes, ribbons, and all pile fabrics provided for under paragraphs one hundred and twenty-four and one hundred 142 LAWS RELATING TO INSULAR AND MILITARY AFtFAIRS. and fifty-one, composed of an admixture, exception to the preceding rules shall be made in the following cases: K n t, etc., RULE 5. KNITTED AND NETTED STUFFS.-All kinds of goods. knitted stuffs and tulles, laces, and blondes, when mixed, shall be dutiable according to the corresponding numbers of the class comprising threads of the material most highly taxed, whatever be the proportion of such threads in the textile. Plushes, velvets, velveteens, and all pile fabrics provided for under paragraphs one hundred and twentyfour and one hundred and fifty-one, when mixed, shall be dutiable according to the corresponding numbers of the class comprising the threads of the material most highly taxed, whatever be the proportion of such threads in the textile. Knitted stuffs, laces, blondes, tulles, and the pile fabrics mentioned in the preceding paragraph, comprised in Class VII, shall be considered as textiles mixed with silk when they contain threads of cotton or other vegetable fibers, or of wool or of flock wool, whatever be the proportion of such threads in the mixture. Ribbons. RULE 6. RIBBONS.-Ribbons and galloons mixed with cotton and other vegetable fibers or with vegetable fibers and wool, containing no silk, shall be subject to the corresponding duties of the class comprising the threads most highly taxed. Ribbons or galloons containing silk, in whatever proportion, shall be dutiable as textiles according to the corresponding numbers of Class VII. Trimmings. RULE 7. TRIMMINGS.-Trimmings shall be dutiable on the total weight, as if exclusively composed of the apparent or visible textile material. Trimmings composed on their apparent or visible part of various textile materials shall be subject to the corresponding duties of the class comprising the material most highly taxed. When the predominating component material consists of metallic threads of any kind, the trimmings shall be dutiable according to Class VII. Trimmings are distinguished from ribbons and galloons by the latter being real textiles, with warp and weft, while trimmings are p ated. SURTAXES. Surtaxes. RULE 8. ESTABLISHMENT OF SURTAXES.-The surtaxes applicable, owing to broche, embroidery, metal threads, or making up, shall always be computed on the duties leviable on the textile by taking into account, if necessary, the increase of such duties in case of admixture. For the collection of the total duty, the surtaxes applicable for either of the above-mentioned reasons shall, when necessary, be ad'ded together. PHILIPPINE ISLANDS. 143 RULE 9. BROCHES.-Textiles, broches or woven like Brochss. brocades, with silk or floss silk; shall be liable to the duties leviable thereon plus the surtaxes established in every case. [Class IV, group three, Rule B, letter (a), and Class V, group two, Rule B, letter (a).] Broches or brocaded textiles are all textiles with flowers or other ornaments applied by means of a shuttle in such manner that the threads do not occupy the entire width of the stuff, but only the space comprising the flower or pattern. RULE 10. EMBPROIDERY.-Textiles embroidered by hand Embroidery. or machine after weaving or with application of trimmings shall be liable to the duties leviable thereon plus the surtaxes established in every case. '[Class IV, group three, Rule B, letter (b); Class V, group two, Rule B, letter (b).] Embroidery is distinguished from patterns woven in the textile as the latter are destroyed by unraveling the weft of the textile, while embroidery is independent of the warp and weft and can not be unraveled. RULE 11. METALLIC THREADS.-Textiles and trimmings M et a 1 I c containing metallic threads, in whatever proportion, shall be liable to the duties leviable thereon, plus the surtaxes established in every case. [Class IV, group three, Rule B, letter (c); Class V, group two, Rule B, letter (c).] Textiles exclusively composed of metallic threads shall be dutiable according to Class VII. RULE 12. MADE-UP ARTICLES.-Textiles manufactured Made-up artiinto articles of all kinds shall be liable to the duties leviable thereon, plls the surtaxes established in every case. j Class IV, group three, Rule B, letter (d); Class V, group two, Rule B, letter (d).] Ready-made clothing, wearing apparel of all kinds and of any style, and, generally, all articles made up by the seamstress or tailor, shall, for their total weight, be liable to duties leviable on the principal component textile on their most visible exterior part. For the aplication of the corresponding surtaxes, clothing and articles, half finished, cut or basted, shall be considered as made-up articles and clothing. RULES APPLICABLE TO GOODS NOT SPECIALLY MENTIONED AND TO ARTICLES COMPOSED OF SEVERAL MATERIALS. RULE 13. Articles not enumerated in the tariff shall, tCos8lnificafor the application of duty, be assimilated to those which cies not specifthey most closely resemble (see rule fifteen), and shall in ed.a mentlonthe first instance be so classified by the collector of the port of entry into which the articles are brought. When an article presented for appraisal is not mentioned in a number of the tariff or in the repertory, and when doubts arise as to its assimilation to articles specified in the tariff, the interested party or the importer 144 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. may request the collector at the port of entry to indicate the number according td which such article is dutiable. In such case the appraisal shall be made according to the number so indicated. Articles of RULE 14. Articles which, by reason of their nature or waterials1 ~r e their application, are composed of two or more materials or of different parts, as, for instance, the handle of an implement and the implement itself; the glass and frame of a mirror, shall, for the total weight, be taxed according to the material chiefly determining the value of the article. Similar ar.ti- RULE 15. That each and every imported article, not cles. enumerated in this Act, which is similar, either in material, quality, texture, or the use to which it niay be applied, to any article enumerated in this Act as chargeable with duty, shall pay the same rate of duty which is levied on the enumerated article which it most resembles in any of the particulars before mentioned; and if any nonenumerated article equally resembles two or more enumerated articles on which different rates of duty are chargeable, there shall be levied on such nonenumerated article the same rate of duty as is chargeable on the article which it resembles paying the highest rate of duty; and on articles not enumerated, manufactured of two or more materials, the duty shall be assessed at the highest rate at which the same would be chargeable if composed wholly of the component material thereof of chief value; and the words " component material of chief value," wherever used in this Act, shall be held to mean that component material which shall exceed in value any other single component material of the article; and the value of each component material shall be determined by the ascertained value of such material in its condition as found in the article. If two or more rates of duty shall be applicable to any imported article, it shall pay duty at the highest of such rates. REGULATIONS TO BE APPLIED TO LEVYING DUTY ON PACKING, PACKAGES, AND RECEPTACLES. P a cking, RULE 16. Common packing, packages, receptacles, and packages, a n d -receptacles. coverings of imported merchandise in use and imported with such merchandise, shall be dutiable under their corresponding paragraphs of the tariff except in cases of goods dutiable by gross weight or ad valorem. RULE 17. In all cases in which dutiable merchandise shall by its tariff number be dutiable upon the gross weight, the dutiable weight of such merchandise shall include the weight of all covers, receptacles, wrappers, packages, and packing of every description, whether exterior, interior, or immediate, without any allowance for tare. PHILIPPINE ISLANDS. 145 RuLE 18. In all cases in which dutiable merchandise shall by its tariff number be dutiable upon net weight, the dutiable weight of such merchandise shall not include the weight of any common exterior cover, receptacle, package, wrappers, or packing, but shall include all interior or immediate receptacles. RULE 19. When in a single receptacle are imported goods dutiable by net weight, together with others dutiable by gross weight, the former shall be assessed by their net weight, in accordance with the preceding rule numbered eighteen, and the latter shall be assessed together with the weight of the entire exterior receptacle; or, ill case there should be more than one class of gqods dutiable by gross weight, they shall be assessed together with the weight of the entire exterior receptacle proportionately divided between them in accordance with their respective net weights. In the case of goods dutiable by net weight packed together with goods dutiable by unities, the former shall be assessed as above prescribed, and the latter shall pay by unities; the exterior receptacle will then be dutiable by its corresponding paragraph. For the purposes of this rule, goods dutiable ad valorem and goods free of duty shall be considered and appraised as by net weight. RULE 20. Where merchandise, dutiable upon its net Net weight. weight, where not otherwise specially provided for, is customarily contained in packing, packages, or receptacles of uniform or similar character, it shall be the duty of the collector of the islands from time to time to ascertain by tests the actual weight or quantity of such merchandise and the actual weight of the packages, packing, or receptacles thereof, respectively, in which such merchandise is customarily imported, and, upon such ascertainment, to prescribe regulations for estimating the dutiable weight or quantity of such merchandise, and thereafter such merchandise imported in such customary packing, packages, and receptacles shall be entered and the duties thereon levied and collected upon the basis of such estimated dutiable weight or quantity. PROIHIBITED IMPORTATIONS. SEC. 6. That the importation of the following articles Prohibited is prohibited: importations. (1) Dynamite, gunpowder, and similar explosives, and firearms of all descriptions and detached parts therefor unless the importer shall produce a special authorization for landing issued to him by the civil governor. (2) Books, pamphlets, or other printed matter, paintings, or illustrations, figures, or other objects of an obscene or indecent character. (3) Roulette wheels, gambling layouts, dealing boxes, and all other machines, apparatus, or mechanical deviees used in gambling, or used in the distribution of money, 146 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. cigars, or other articles, when such distribution is dependent upon lot or chance. Abbr ev a- SEC. 7. That the following abbreviations shall be employed in the tariff: G. W. equals gross weight. N. W. equals net weight. Iectog equals hectogram. Kilo equals kilogram. Kilos equals kilograms. Hectol equals hectoliter. wM o, n ey In SEC. 8. That duty shall be paid in the money of the be paid. United States, or its equivalent in Philippine currency. Mtetric s y s- SEC. 9. That the metrical system of weights and meastem. ures as authorized by sections thirty-five hundred and sixty-nine and thirty-five hundred and seventy of the Revised Statutes of the United States, and at present in use in the Philippine Islands, shall be continued. The meter is equal to thirty-nine and thirty-seven onehundredths inches. The liter is equal to one and five hundred and sixty-seven ten-thousandths quarts, wine measure. The kilogram is equal to two and two thousand and forty-six ten-thousandths pounds, avoirdupois. Importations SEC. 10. That importations from the United States are fr o m United States dutia-dutiable under the provisions of this Act, but no customs ble. duties shall be imposed on articles, goods, or merchandise transported only from one place or port to another place or port in the Philippine Islands. Rates on im- SEC. 11. That the rates of duties to be collected on artiports. cles, goods, and merchandise imported into the Philippine Islands shall be as follows: C I a s s I.- CLASS I.-STONES, EARTHS, ORES, GLASS, AND CERAMIC Stones, earths, ores, glass, etc. PRODUCTS. Group 1, GROUP 1.-STONES AND EARTHS EMPLOYED IN BUILDING, ARTS, ANI) MANUFACTURES. taones an yd1. Marble, onyx, jasper, alabaster, and similar fine stones: earths employ- o ed in arts, etc. (a) In the rough, or in dressed pieces squared or prepared for shaping, G. W., one hundred kilos, fifty cents; (b) Slabs, plates, or steps of any dimension, polished or not, G. W., one hundred kilos, two dollars; Marble affixed to or packed with and belonging to furniture shall be liable to the same duty as the furniture. (c) Sculptures, high and bas-reliefs, vases, urns, and similar articles for house decoration, G. W., one hundred kilos, ten dollars; (d) Wrought or chiseled into all other articles, polished or not, G. W., one hundred kilos, six dollars. PHILIPPINE ISLANDS. 147 2. Stones, other, natural or artificial: (a) In the rough, unwrought, in rough blocks or cubes, G. W., one hundred kilos, four cents; (b) Crushed stone for pavements and foundations, G. W., one hundred kilos, ten cents; (c) Slabs, plates or steps, G. W., one hundred kilos, fifty cents; (d) Millstones and grindstones, G. W., one hundred kilos, twenty-five cents; (e) Wrought into all other articles, N. W., one hundred kilos, one dollar. 3. Earths employed in manufactures and arts: (a) Lime, gypsum, chalk, or cement, G. W., one hundred kilos, four cents; (b) Other, G. W., one hundred kilos, twenty cents. 4. Gypsum manufactured into articles: (a) Statuettes, stucco work, and similar articles for house decoration, N. W., one hundred kilos, three dollars; (b) Other articles, N. W., one hundred kilos, seventy-five cents: Prolided, That none of the articles classified under letter (a) of this paragraph shall pay a less rate of duty than thirty per centum ad valorem. 5. Chalk manufactured into articles: Billiard chalk, red chalk, including French and tailors' chalk, N.W., kilo, three cents. GROUP 2.-COAL. Group 2. 6. Coal and coke, G. W., one thousand kilos, twenty-five Coal and cents. coke. GROUP 3.-SCHISTS, BITUMENS AND THEIR DERIVATIVES. Group 3. In case of doubt as to the clearance of crude Bativmenand petroleum, the following rules shall be observed: 1. A sample of two hundred cubic centimeters shall be taken from each fifty cases or less comprised in the declaration and belonging to the same kind of goods. If the oil is imported in bulk or in tanks, samples of equal quantities shall be taken from each receptacle in which the oil is contained, sufficient to make more than two liters in all after mixing. 2. These samples shall be thoroughly mixed in a large receptacle, and when the discharge of the shipment is terminated, two liters are taken therefrom and put into separate bottles, which are sealed and furnished with labels signed by the customs employees and the interested party. These bottles shall be forwarded to the customs chemical expert in order to be assayed. 148 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 3. Immediately after this operation the goods shall be cleared and the corresponding duty applied, but the interested party shall always be bound by the results of the analysis, and the clearance shall not be deemed definite until that result be known. 4. The samples must be assayed within one month, and the interested party has the right to be present when the samples are opened and analyzed, provided that he has made a written request to this effect at the time of identifying the samples by affixing his signature to the labels. He may also. appeal to the collector of the islands from the report of the experts. 5. Should the interested party in his appeal request that a new analysis be made, this operation shall be effected at his expense if the report of the experts be sustained. In contrary case the expense shall be borne by the government. 6. The following shall be considered: (a) As crude oil derived from the distillation of slates or schists, those obtained from first distillation having a specific gravity of from nine hundred to nine hundred and twenty, at a temperature of twenty-one and one-ninth Centigrade. or measured on a Baume scale for fluids lighter than water, which give a reading from about twenty-seven (corresponding to a specific gravity of about nine hundred) to twenty-two (corresponding to a specific gravity of about nine hundred and twenty-four). (b) As crude and natural petroleum, that imported in'the state in which found when extracted from the well, and which had undergone no operation whatever, whereby the natural chemical composition is altered or modified. When gradually and continuously distilled up to a temperature of three hundred degrees Centigrade, this petroleum must leave a residuum exceeding twenty per centum of its primitive weight. 7. Tar and mineral pitch, bitumens, schists, unrefined creosote, asphalt, and also asphalt paving blocks, G. W., one hundred kilos, ten cents; The customs authorities must take care that under the denomination of tar, or mixtures containing tar, no oils derived from schists are imported. Tar must not contain in appreciable proportions volatile products or oils which might be extracted by means of distillation at three hundred degrees Centigrade. Though imported under the name of asphalts, or bitumens, impure paraffin, or other products must be included in number one hundred and two of Class III. PHILIPPINE ISLANDS. 149 8. Crude oils derived from schists, including crude petroleum and axle grease for cars and carts, G. W., one hundred kilos, ten cents; Crude mineral oils mixed with crude animal oils, as well as crude mineral oils mixed with crude vegetable oils when these oils are exclusively destined to lubricating machinery, are likewise dutiable according to this number. 9. Petroleum and other mineral oils, rectified or refined, intended for illumination or lubrication, N. W.. one hundred kilos, one dollar and twenty-five cents. 10. Benzine, and mineral oils not specially mentioned, including vaseline, G. W., one hundred kilos, one dollar and twentv-five cents. (a) Gasoline, G. W., one hundred kilos, sixtyfive cents. All mineral oils not having the properties described in paragraph (a) of rule six of the rules for this group shall be considered as refined. GROUP 4.-ORES. Group 4. 11. Ores other than copper, gold, and silver, G. W., onet Ores, other t h a n copper, thousand kilos, twenty-five cents. gold, and silver. GROUP 5.-CRYSTAL AND GLASS. Group 5. 12. Common or ordinary hollow glassware, G. W., one crystal and hundred kilos, eighty cents. glass. (a) Siphons for aerated waters, G. W., one hundred kilos, two dollars and eighty cents. 13. Crystal, and glass imitating crystal: (a) Articles cut, engraved, painted, enameled, or gilt, G. W., one hundred kilos, twelve dollars; (b) The same, neither cut, engraved, painted, enameled, nor gilt, G. W., one hundred kilos, five dollars and sixty cents; (c) Lamp chimneys of all kinds, per one hundred chimneys, twenty-five cents. NOTE.-Decanters, glasses, tumblers, cups, goblets, saucers, plates, dishes, pitchers, bowls, candlesticks, pillar-lamps, bracket-lamps, and other articles of table service and lighting, white or colored, and statuettes, flower stands, vases, urns, and similar articles for toilet purposes or house decoration are included in this paragraph. 14. Plate glass or plate crystal: (a) Slabs for paving or roofing, G. W., one hundred kilos, one dollar and sixty-five cents; (b) For windows or in other articles, provided that they are neither polished, beveled, engraved, nor annealed, G. W., one hundred kilos, two dollars and twenty cents; 3449-07 12 150 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (c) Window glass set in lead; frosted pane glass, plain or in design; and plate glass polished, beveled or not, G. W., one hundred kilos, four dollars and fifty cents; (d) Articles engraved or enameled, G. W., one hundred kilos, ten dollars. 15. Mirrors and looking glasses of glass and crystal: (a) Common mirrors not exceeding two millimeters in thickness, G. W., kilo, four cents; (b) Other mirrors, not beveled, G. W., kilo, seven cents; (c) Beveled mirrors, G. W., kilo, twelve cents. 16. Other articles and manufactures of glass: (a) All kinds of spectacles, eye-glasses, and goggles, and glasses for same, per dozen, twenty-five cents; (b) Other articles, neither cut, engraved, painted, enameled, nor gilt, G. W., one hundred kilos, four dollars; (c) The same, either cut, engraved, painted, enameled, or gilt, G. W., one hundred kilos, eight dollars. NoTE.-Washbowls. wash basins, soap dishes, toothbrush holders, and washstand pitchers are included in this number. Provided, That none of the articles classified under paragraphs thirteen and sixteen shall pay a less rate of duty than thirty per centum ad valorem, and none of the articles classified under paragraphs twelve, fourteen, and fifteen shall pay a less rate of duty than twenty per centum ad valorem. GROUP 6.-POTTERY, EARTHENWARE, AND PORCELAIN. Proviso. Minimum. Group 6. Pott erey,: 17. Common clay: earthe n w a r e, Common clay: and porcelain. (a) In common bricks, fire bricks, and squares, unglazed, for building and industrial purposes, G. W., one thousand kilos, thirty cents; (b) Pressed, vitrified, or glazed bricks or squares, G. W., one thousand kilos, sixty cents; (c) In tubes or pipes, not varnished, vitrified or glazed, for building or drainage purposes, G. W., one hundred kilos, ten cents; (d) In tubes or pipes, varnished, glazed, or vitrified, for industrial or drainage purposes, G. W., one hundred kilos, twenty cents. 18. Ceramic tiles: (a) Varnished, vitrified, or not, plain and undecorated, G. W., one hundred kilos, thirtytwo cents; PHILIPPINE ISLANDS. 151 (b) The same, glazed, ornamented, or decorated, G. W., one hundred kilos, one dollar and twenty cents. 19. Earthen and stone ware: (a) Household or kitchen utensils, except dishes or tableware, not ilt, painted, or ornamented in relief, G. o., one hundred kilos, sixtyfour cents; (b) Dishes, tableware, or other articles not specially provided for, not gilt, painted, or ornamented in relief, G. W., one hundred kilos, one dollar and sixty cents; (c) Flowerpots of common earthenware and conimon bottles of the same, G. W., one hundred kilos, eighty cents; (d) Articles not specially provided for, gilt, painted, or ornamented in relief, G. W., one hundred kilos, four dollars and forty cents. 20. Faience, not specially provided for: (a) Neither painted, gilt, nor ornamented in relief, G. W., one hundred kilos, two dollars and eighty cents; (b) Gilt, painted, or with ornaments in relief, G. W., one hundred kilos, five dollars: Provided, That none of the articles classified lrovisos. under this paragraph shall pay a less rate of duty "'inmumthan sixty per centum ad valorem. 21. Porcelain, in dishes or hollow ware and all other articles not specially provided for: (a) Neither painted, gilt, nor ornamented in relief, G. W., one hundred kilos, four dollars; (b) Painted, gilt, ornamented in relief, or with letters in relief, G. W., one hundred kilos, six dollars; (c) Ordinary clear white, transparent or not, which on fracture appears to be of a bluish gray tint, evidencing that it was manufactured from an inferior raw material only, not painted, gilt, ornamented in relief, or with letters in relief, G. W., one hundred kilos, one dollar and sixty cents: Provided, That none of the articles classified Minimum. under letters (a) and (b) of this paragraph shall pay a less rate of duty than sixty per centum ad valorem. 22. Porcelain, plain, in door knobs and similar articles, not decorated, not specially provided for, G. W., one hundred kilos, four dollars; (a) The same 'wares, gilt, ainted, or with ornaments in relief, G.., one hundred kilos, eight dollars. 23. Statuettes, flower stands, vases, high and bas reliefs, articles for toilet purposes and house decoration, all of said articles of clay, faience, stoneware, 152 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. porcelain or bisque; bowls for opium pipes and cloisonne vases, N. W., kilo, twenty-five cents: Minimum. Prolvided, That none of the articles classified under this paragraph shall pay a less rate of duty than sixty per centum ad valorem. Group 7. GROUP 7.-PRECIOUS STONES, PEARLS AND IMITATIONS OF THE S.AMIE, UNSET. r e c io u s 24. Precious stones and doublets, unset: Ad valoren, e, pearltc. fifteen per cent. 25. Pearls, unset, fifteen per centum ad valoremn. 26. Imitations of precious stones and of pearls, unset, fifteen per centum ad valorem. Class II. CLASS II.-METALS ANI) ALL MIANUFACTURES IN WHICH A Metals. M METAL ENTERES AS A PRINCIPAL ELEMENT. Group 1. GROUP 1. —GOLD, SILVER, AND) PLATINUM, ANI) ALLOYS OF THESE METALS, AND GOL) AND SILVER PLATE. Gold, silver, iT. platinum, etc. Gold and platinum or alloys thereof: (a) In jewelry, plate, and goldsmiths' wares, not otherwise provided for, N. WV., hectog, twelve dollars and fifty cents; (b) Same set with pearls or precious stones, not otherwise provided for, N. W., hectog, twenty-five dollars; (c) Same set with doublets, imitation precious stones, or imitation pearls, N. MW., hectog, seventeen dollars and fifty cents; (d) Same manufactured into articles other than jewelry or plate, except as otherwise specially provided, N. W., hectog, three dollars. -- 28. Sil Iver: (a) In jewelry, plate, and toilet articles, not set with pearls or precious stones, or imitation pearls or imitation precious stones, N. W., hectog, one dollar; (b) In jewelry, plate, toilet articles, and all nanufactures of silver, set with pearls or precious stones, N. W., hectog, fifteen dollars and fifty cents; (c) In jewelry, plate, toilet articles, and all manufactures of silver, set with imitation pearls or imitation precious stones, N. W., hectog, eight dollars; (d) Other articles and manufactures of silver, not specially provided for, including toilet articles and plate composed in part of glass, porcelain, clay, steel, or common metal, of which the material of chief value is silver; also silver manufactured for dentists when not in sheets; solder and silver foil, N. W., hectog, forty cents. PHILIPPINE ISLANDS. 153 29. Gold and silver plated wares: (a) Gold and silver plated jewelry, N. W., kilo, two dollars and forty cents; (b) Gold and silver plated wares other than jewelry, N. W., kilo, two dollars: Provided, That none of the articles classified Provisos. under paragraphs twenty-seven, twenty-eight, and Minimum. twenty-nine shall pay a less rate of duty than twenty-five per centum ad valorem: And provided further, That all articles classified for duty under N et weight paragraphs twenty-seven, twenty-eight, an(l and packing. twenty-nine shall pay the prescribed rates on the net weight of the articles themselves, and that the immediate packing in which they are contained shall be assessed for duty under the paragraph covering the article of which it is manufactured. GROUP 2.-CAST IRON. Group 2. Articles of malleable cast iron are dutiable as cast iron. manufactures of wrought iron. 30. Pigs, G. W., one hundred kilos, ten cents; 31. Articles not coated or ornamented with another metal or porcelain, neither polished nor turned: (a) Bars, beams, plates, grates for furnaces, columns, and pipes, G. W., one hundred kil6s, thirty-five cents; (b) Lubricating boxes for railway trucks and carriages, and railway chairs, G. W., one hundred kilos, thirty cents; (c) Articles, other, not elsewhere mentioned, G. W., one hundred kilos, seventy-five cents. 32. Articles of all kinds not coated or ornamented with another metal or porcelain, either polished or turned, N. W., one hundred kilos, one dollar and twenty cents. 33. Articles of all kinds, enameled, bronze, gilt, tinned, or coated, or with ornaments, borders, or parts of other metals (gold or silver excepted), or combined with glass or ceramic ware, N. W., one hundred kilos, two dollars: Provided, That none of the articles classified Proviso. under paragraphs thirty-two and thirty-three shall Minimum pay a less rate of duty than fifteen per centum ad valorem. GROUP 3.-WROUGHT IRON AND STEEL. Group 3. 34. Iron, soft or wrought, in ingots or " tochos," steel in arought iron and steel. ingots, G. W., one hundred kilos, twenty-four cents. 35. Wrought iron or steel, rolled: (a) Rails, G. W., one hundred kilos, thirty cents; Bent rails, or rails screwed or bolted together in 154 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. crossings, and similar simple track sections, shall be dutiable under letter (a) of this paragraph, with a surtax of thirty per centum. (b) Bars and beams, neither perforated, riveted with screws, nor cut to measure, of all kinds (excepting fine crucible steel), including rods, tires, and hoops, G. W., one hundred kilos, sixty cents; The rods in question are iron or steel rods exceeding eight millimeters in thickness employed in the manufacture of iron wire. (c) The same, of crucible steel, G. W., one hundred kilos, one dollar and five cents; Crucible steel is distinguishable from bar and other pieces of iron or common steel by its sharp edges. The surface is very smooth, of a bluish color darker than that of iron, and its fracture is close grained. (This steel is generally imported in round, triangular, square, octagonal, or flat bars.) 36. Wrought iron and steel in sheets, rolled: (a) Neither polished nor tinned, and hoop iron, G. W., one hundred kilos, seventy-eight cents; By hoop iron (fleges) shall be understood unpolished, flat bands or circles less than three millimeters in thickness. (b) Tinned and tin plate, G. W., one hundred kilos, one dollar; (c) Polished, corrugated, perforated, cold rolled, galvanized or not, and bands of polished hoop iron, G. W., one hundred kilos, ninety cents: Srotvo. Provided, That any of the foregoing made up in ridgings, eaves, drainpipes, gutters, and similar articles shall be dutiable at the rate provided for the respective materials, with a surtax of one hundred per centum. 37. Wrought iron or steel: Cast in pieces in the rough, neither polished, turned, nor adjusted, weighing each: (a) Twenty-five kilos or more, G. W., one hundred kilos, seventy-five cents; (b) Less than twenty-five kilos, G. W., one hundred kilos, one dollar. 38. Wrought iron or steel cast in pieces, finished: (a) Wheels weighing more than one hundred kilos, fishplates, chairs, sleepers, axles and springs for railwavs and tramways, and lubricating boxes, G. Mr., one hundred kilos, forty-five cents; (b) Wheels weighing one hundred kilos or less; axles and springs other than for railways PHILIPPINE ISLANDS. 155 and tramways, and cranks, G. WV., one hun dred kilos, one dollar and five cents. 39. Wrought iron or steel pipes: (a) Covered with sheet brass, G. W., one hundred kilos, one dollar and forty cents; (b) Other, galvanized or not, G. W., one hundred kilos, one dollar and five cents. 40. Wrought iron or steel wire, galvanized or not: (a) Two millimeters or more in diameter, N. W., *one hundred kilos, seventy-five cents; (b) More than half and less than two millimeters in diameter, N. V., one hundred kilos, one dollar; (c) One half millimeter or less -in diameter and wire covered with a textile, N. W., one hundred kilos, one dollar and forty cents. 41. Wrought iron or steel in large pieces, composed of bars or bars and sheets fastened by means of rivets or screws; the same, unriveted, perforated, or cut to measure, for bridges, frames, buildings, or other similar constructions, G. W., one hundred kilos, one dollar. 42. Anchors, iron or steel plates for vessels, chains for Anchors, etc.,. ~... for vessels, etc. vessels or machines, moorings, switches, and signal disks, G. W., one hundred kilos, fifty cents. 4.3. Anvils, G. W., one hundred kilos, one dollar and. seventy-five cents. 44. Wire gauze: (a) Up to forty threads per square inch, N. W., one hundred kilos, three dollars; (b) Of forty threads or more per square inch, N. AV., one hundred kilos, five dollars. 45. Cables, fencing (barbed wire), netting; furniture Barbed wire springs, N. W., one hundred kilos, seventy-five cents. 4(;. Tools and implements of all kinds, not apparatus, of Tools. wrought iron or steel, for arts, trades and professions, including emery wheels and emery cloth, twenty per centum ad valorem. 47. Screws, nuts, bolts, washers, and rivets, N. W., one hundred kilos, two dollars. 48. Nails, clasp nails, tacks and brads, N. W., one hundred kilos, one dollar. 49. Saddlery hardware: (a) Common, made of iron or steel, common bits, hasdware r y halter chains, spurs, buckles, and all finishes of common harness, not nickeled or covered with other metals or materials, N. W., one hundred kilos, three dollars; (b) The same, ornamented, nickeled or covered with other metals or materials, N. W'., one hundred kilos, six dollars. NOTE.-This paragraph shall include similar buckles used by carriage makers. 156 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 50. Buckles, not gold or silver plated, not specially provided for: (a) Bronze gilt or nickeled, N. W., kilo, twenty cents. (b) Others not specially provided for, N. W., kilo, fifteen cents. 51. Pens and needles of all kinds, except surgical needles, N. W., kilo, thirty cents. 52. Common and safety pins, and hooks and eyes, N. W., kilo, thirty cents. 53. Crochet hooks and the like, hairpins, N. W., kilo, thirty cents. Cutlery. 54. Cutlery: (a) Butchers', shoemakers', saddlers', kitchen, bread, vegetable, cheese, plumbers', and painters' knives; table knives and forks with common wood or iron handles (not nickeled); scissors and shears with glazed or japanned bows, N. Wr., kilo, fifteen cents; (b) Pocket cutlery, side arms (not fire), and parts for same; razors, N. WV., kilo, sixty cents; (c) Pruning and budding knives, grass, garden, hedge, pruning, and sheep shears, N. W., kilo, five cents; (d) Fishhooks; all other cutlery, including scissors and shears, not specially provided for, N. AW., kilo, thirty cents; (e) Surgical and dental instruments of all kinds, cutlery or not, including those of other materials except gold, platinum, or silver; and including, also, medical induction batteries and thermocauteries, N. W., kilo, thirty cents: Provisos. Procided, That none of the articles classified Minimum. under paragraphs fifty-one, fifty-two, fifty-three, and fifty-four shall pay a less rate of duty than fifteen per centum ad valorem. Firearms. 55. Small arms and 'barrels: (a) Barrels, unfinished, for portable arms, N. W., kilo, twenty-five cents; (b) Barrels, finished, for portable arms, N. W., kilo, sixty cents; (c) Pistols and revolvers, also their detached parts, except barrels, N. W., kilo, three dollars. 56. Other arms, breech and muzzle loading, and detached parts thereof, except barrels, N. W., kilo, two dollars. Tin plate. 57. Manufactures of tin plate, N. W., one hundred kilos, five dollars. 58. Wrought iron or steel in common articles of all kinds not specially provided for, though coated with lead, tin, or zinc, or painted or varnished, PHILIPPINE ISLANDS. 157 N. W., one hundred kilos, two dollars and fifty cents: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than fifteen per centurn ad valorem. 59. Wrought iron or steel in articles of all kinds not specially mentioned, fine, that is, polished, enanmeled, coated with porcelain, nickel, or other metals (with the exception of lead, tin, zinc, gold, or silver), or with ornaments, borders, or parts of other metals (except gold or silver), or combined with glass or earthenware, N. W., one hundred kilos, four dollars: Provided, That none of the articles classified un- Minimum. der this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. GROUP 4.-COPPER AND ALLOYS OF COMMON METALS WITH Group 4. COPPER (BRASS, BRONZE, AND SO FORTH). 60. Copper scales (laminae), copper of first fusion, old Copper and copper, brass, and so forth, G. W., one hundred alloys, etc. kilos, one dollar and fifty cents. 61. Copper and alloys of copper; in ingots, G. W., one hundred kilos, two dollars. 62. The same rolled in bars of all kinds, G. W., one hundred kilos, two dollars and twenty-five cents. 63. The same rolled in sheets, G. W., one hundred kilos, two dollars and fifty cents. 64. The same in wire, galvanized or not: (a) One millimeter or more in diameter, N.-W., one hundred kilos, four dollars and fifty cents; (b) Less than one millimeter in diameter, N. W., one hundred kilos, four dollars and fifty cents; (c) Silvered or nickeled, N. W., kilo, thirty-five cents. 65. The same in wire, covered with textiles other than silk, not specially provided for, or with insulating materials; cables for conducting electricity, N. W., one hundred kilos, five dollars; (a) The same in wire covered with silk, flexible or not, N. W., kilo, fifteen cents. 66. The same in wire gauze: (a) Up. to two hundred threads per inch, N. W., kilo, four cents; (b) Of two hundred threads or more per inch, N. W., kilo, ten cents. 67. The same in pipes, bearings, and plates for fireplaces, either wrought or partially wrought, G. W., one hundred kilos, three dollars and twenty-five cents. 158 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 68. The same in nails, tacks, crotchet hooks, pins, pens, hairpins, screws, nuts, bolts, washers, and rivets: (a) Nails, tacks, screws, nuts, bolts, washers, and rivets, bronze-gilt or nickeled, N. W., kilo, twenty cents; (b) Same, not bronze-gilt or nickeled, N. W., kilo, five cents; (c) Pins, pens, crotchet hooks, and hairpins, N. W., kilo, thirty cents. 69. Copper and alloys of copper: (a) In articles not specially provided for, varnished or not, N. W., kilo, fifteen cents; (b) In articles of bronze gilt or nickeled, not specially provided for, except when exclusively used for sanitary constructions, N. W., kilo, thirty cents; (c) In articles of bronze gilt or nickeled, when exclusively used for sanitary constructions, N. W., kilo, twenty cents; By " sanitary constructions" are meant the fixtures, fittings, and attachments such as pipes, valves, drains, spigots, basins, faucets, and douches, used in modern sanitary house plumbing and for bathrooms: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. Proviso. Minimum. Group 5*. GROUP 5. —OTHER METALS AND THEIR ALLOYS. Other metals 70. Mercury, G. W., kilo, ten cents. and their al- I sckel, etc. 1. Nickel, aluminum, and their alloys: (a) In lumps and ingots, G. W., one hundred kilos, four dollars; (b) In bars, sheets, pipes, and wire, N. W., one hundred kilos, six dollars; (c) In all other articles of nickel, N. W., kilo, fifty cents; (d) In cooking utensils of aluminum, N. W., kilo, twenty-five cents; (e) In all other articles of aluminum, N. W., kilo, one dollar; Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. Tin. 72. Tin and alloys thereof: (a) In lumps or ingots, G. W., one hundred kilos, two dollars; (b) In bars, sheets, pipes, and wire, N. W., one hundred kilos, three dollars and fifty cents; (c) Hammered in thin leaves (tin foil) and capsules for bottles, N. W., kilo, five cents; (d) In other articles of all kinds, N. W., kilo, thirty cents. PHILIPPINE ISLANDS. 159 73. Zinc, lead, and other metals, not specially mentioned, Zinc, 1 e a d, as well as their alloys: (a) In lumps or ingots, G. W., one hundred kilos, fiftv cents. (b) In bars, sheets, pipes, and wire, including shot, G. W., one hundred kilos, seventy-five cents; (c) Articles bronze gilt or nickeled, except when exclusively used for sanitary construction, N. W., kilo, fifty cents; (d) Articles bronze gilt or nickeled, when used exclusively for sanitary construction, N. W., kilo, twenty cents; (e) Zinc nails and tacks, neither bronze gilt nor nickeled, N. W., kilo, six cents; (f) In other articles, including type, N. W.; kilo, fifteen cents. Provided, That none of the articles classified Proviso. under this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. GROUP 6.-WASTES AND SCORIAX. Group 6. 74. Filings, shavings, cuttings of iron or steel, and other wastes and wastes of cast iron or from the manufacture of.scori. common metals, fit only for resmelting, G. W., one hundred kilos, fifteen cents. 75. Scorise resulting from the smelting of ores, G. W., one hundred kilos, three cents. CLASS III.-SUBSTANCES EMPLOYED IN PHARMACY AND Class III. I)rugs and CHEMICAL INDUSTRIES, AND PRODUCTS COMPOSED OF THESE chemicals. SUBSTANCES. GROUP 1. —SIMPLE DRUGS. Group 1. 76. Oleaginous seed, copra, or cocoanuts, G. W., one him- Simple drugs. dred kilos, sixty cents. 77. Resins and gums: (a) Colophony, Burgundy, and similar pitch and Stockholm tar, G. W., one hundred kilos, twenty-five cents; (b) Spirits of turpentine, N. W., one hundred kilos, one dollar and seventy-five cents; (c) Caoutchouc and gutta-percha, raw or melted in lumps, G. W., one hundred kilos, three dollars; 78. Camphor (raw), aloes, extract of licorice, and other similar vegetable juices not specially provided for, N. W., one hundred kilos, five dollars; (a) Camphor, refined, N. W., kilo, fifteen cents. 79. Tan bark, G. W., one hundred kilos, ten cents. 80. Opium: Opium. (a) Crude, N. W., kilo, four dollars; - 160 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (b) The same manufactured or prepared for smoking or other purposes, N. W., kilo, five dollars: Provisos. Provided, however, That the Philippine ConlP'roh I b tion authorized. mission or any subsequent Philippine legislature shall have the power to enact legislation to prohibit absolutely the importation or sale of opiuml, or to limit or restrict its importation and sale, or adopt such other measures as may be required for the suppression of the evils resulting from the sale and use Importation of the drug: And provIided further, That after 1908, unlaw- March first, nineteen hundred and eight, it shall be fuil. unlawful to import into the Philippine Islands opilum, in whatever form, except by the Govern*ment, and for medicinal purposes only, and at no time shall it be lawful to sell opium to any native of the Philippine Islands except for medicinal pirposes. 81. Drugs, such as barks, beans, berries, buds, bulbs, and bulbous roots, fruits, flowers, dried fibers, grains, herbs, leaves, lichens, mosses, stems, vegetables, seeds aromatic, and seeds of morbid growth, weeds, and other similar vegetable products; any of the foregoing which are drllgs and not edible and are in a crude state, not specially provided for, and not in the form of a pharmaceutical product or preparation, N. W., one hundred kilos, two dollars and fifty cents; (a) Ginseng root, N. W., kilo, two dollars. 82. Animal products employed in medicine not specially mentioned, N. W., one hundred kilos, three dollars: Provided, That none of the articles classified lnder paragraphs eighty-one and eighty-two shall pay a less rate of duty than twenty per centumn ad valorem. roup 2. GROUP 2.-COLORS, DYES, ANDI) VARNISHES. Colors, dyes, 83. Natural colors (ochers, and so forth), in powder or and varnishes. G f orh 1 pwe lumps, T. W., one hundred kilos, one dollar. NoTE.-Natural colors prepared in paste, oil, or water shall be dutiable under paragraph eightyfour (d). 84. Artificial colors of metallic bases: (a) White and red lead in powder or lumps, N. W., one hundred kilos, one dollar; (b) White and red lead. prepared in the paste, oil, or water, also putty, N. W., one hundred kilos, three dollars. (c) Other artificial colors of metallic bases, in powder or lumps, N. W., one hundred kilos, two dollars; - - - PHILIPPINE ISLANDS. 161 (d) Other artificial or natural colors prepared in paste or ready for use in oil, water, varnish, or turpentine, N. W., one hundred kilos, five dollars. 85. Other artificial colors in powder, crystals, lumps, or paste, N. W., kilo, fifteen cents; (a) Printing and lithographic inks, including dry colors for the same not specially provided for; also bituminous paints made from mineral pitch or coal tar (not anilin dyes), N. W., one hundred kilos, two dollars; (b) Writing and drawing inks, N. W., one hundred kilos, four dollars; (c) Lead, colored, and indelible pencils, and charcoal pencils for drawing, N. W., kilo, fifteen cents: Pro ided, That none of the articles classified Provisos. under paragraphs eighty-four and eighty-five shall Minimum pay a less rate of duty than fifteen per centumn ad valorem. 86. Natural dyes: (a) Woods, barks, roots, and so forth, for dyeing, G. W., one hundred kilos, twenty cents; (b) Madder or rubian, G. W., one hundred kilos, two dollars and twenty-five cents: (c) Indigo and cochineal, G. W., kilo, ten cents. 87. Artificial dyes: (a) Extracts from logwood, orchilla, and other dyeing extracts, N. W., one hundred kilos, one dollar; (b) Colors derived from coal, and all other chemical dye colors not specially provided for, N. W., kilo, fifteen cents. 88. Varnishes, N. W., one hundred kilos, four dollars: 1'rovided, That none of the articles classified Minimum. uinder this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. 89). Blacking of all kinds; graphite and manufactures of graphite of all kinds; polishing, dressing, cleansing, and preserving preparations for shoes or leather; bone and lamp blacks of all kinds, N. W., one hundred kilos, three dollars. GROUP 3.-CHEMICAL AND PHARMACEUTICAL PRODUCTS. Group 3. 90. Simple bodies: (a) Sulphur, G. W., one hundred kilos, fifteen chemical and pharmaceutical cents; products. (b) Bromine, boron, iodine, and phosphorus, N. W., kilo, eighteen cents. 91. Inorganic acids: (a) Hydrochloric, boric, nitric, and sulphuric acid; also aqua regia, G. W., one hundred kilos, twenty cents; 162 LAWS RELATING TO INSULAR AND. MILITARY AFFAIRS. (b) Liquid carbonic acid, N. W., one hundred kilos, five dollars; (c) Other, N. W., one hundred kilos, five dollars. Proviso8. Provided, That none of the articles classified nmu iunder letter (c) of this paragraph shall pay a less rate of duty than fifteen per centum ad.valorem. 92. Organic acids: (a) Oxalic, citric, tartaric, and carbolic, G. W., one hundred kilos, one dollar; (b) Oleic, stearic, palmitic, G. W., one hundred kilos, one dollar and forty cents; (c) Acetic, G. W., one hundred kilos, six dollars; (d) Other, N. W., one hundred kilos, five dolars: Minimum. Provided, That none of the articles classified under letter (d) of this paragraph shall pay a less rate of duty than fifteen per centurn ad valorem. 93. Oxides and hydroxides of potassium, sodium, and other caustic alkalies and barilla, including aqua ammonia, G. W., one hundred kilos, twenty-five cents. 94. Inorganic salts: (a) Chloride of sodium (common salt), crude, G. W., one hundred kilos, twenty cents; (b) Chloride of sodium (common salt), ground, powdered, or otherwise manufactured, G. W., one hundred kilos, fifty cents; (c) Chloride of potassium; sulphates of sodium, iron or magnesium, carbonate of magnesium, alum, G. W., one hundred kilos, fortyfive cents; (d) Sulphate of ammonium; phosphates and superphosphates of lime, nitrates of potassium and sodium, G. W., one hundred kilos, three cents; (e) Ammonium carbonate, ammonium chloride, copper nitrate, copper sulphate, copper oxide, chloride of lime (bleaching powder). sulphate of potassium, hyposulphite of sodium, borax, and sal soda, also calcium carbide, G. W., one hundred kilos, seventyfive cents; (f) Chlorates of sodium and potassium, G. W., one hundred kilos, one dollar and eighty cents; (g) Bicarbonate of sodium, G. W., one hundred kilos, one dollar; (h) Other, N. W., one hundred kilos, two dollars; Minimum. Provided, That none of the articles classified under letter (h) of this paragraph shall pay a less rate of duty than fifteen per centum ad valorem. 95. Organic salts: (a) Acetates and oxalates, G. W., one hundred kilos, two dollars and fifty cents; PHILIPPINE ISLANDS. 163 (b) Citrates and tartrates, N. W., one hundred kilos, three dollars; NOTE.-No acid or double salts shall be dutiable under this paragraph. 96. Alkaloids and their salts, except those of cinchona bark; chlorides of gold, silver, and platinum, N. W., kilo, six dollars and seventy-five cents. 97. Chemical products not specially mentioned, N. W., kilo, two cents. 98. Pills (except quinine pills), capsules or medicinal drazha'z and the like, N. W., kilo, twenty-five cents. 99. Pharmaceutical products not specially provided for, including Chinese and other similar medical preparations, and materials used exclusively therefor not specially provided for; aseptic and antiseptic surgical dressings, and catgut, silk, and similar ligatures for surgical use, N.W., kilo, twenty-five cents; (a) Absorbent cotton, not medicated, N. W., kilo, ten cents: Provided, That none of the articles classified under paragraphs ninety-seven, ninety-eight, and ninety-nine shall pay a less rate of duty than fifteen per centum ad valorem. GROUP' 4.-OILS, FATS, WAXA, AND THEIR DERIVATIVES. Minimum. Group 4. 100. Vegetable oils: (a) Solid (cocoanut, palm, and so forth), G. W., o lest, fats, one hundred kilos, one dollar; (b) Liquid, not specially provided for, and not in the form of a pharmaceutical product or preparation, G. W., one hundred kilos, one dollar and twenty-five cents. 101. Animal oils and animal fats: (a) Cod-liver oil and other medicinal oils not refined, G. W., one hundred kilos, two dollars and fifty cents; (b) Cod-liver oil and other medicinal oils refined, but not in the form of a pharmaceutical product or preparation, G. W., one hundred kilos, five dollars; (c) Glycerin, olein, stearin, and spermaceti, crude, G. W., one hundred kilos, one dollar and forty cents; (d) Other crude oils and fats, G. W., one hundred kilos, fifty cents; (e) Other refined oils and fats not specially provided for, G. W., one hundred kilos, three dollars. 164 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 102. Mineral, vegetable, and animal wax, unwrought, and paraffin in lumps, G. W., one hundred kilos, two dollars. 103. Articles of stearin and paraffin; wax of all kinds, wrought, N. W., one hundred kilos, five dollars. 104. Soap and other scouring compositions; all soaps, soap powders and preparations, and similar scouring compositions, fifteen per centum ad valorem. Perfumery. 105. Perfumery: (a) Essential oils, extracts, and products used in the preparation of perfumery, including musk, N. W., kilo, five dollars; (b) All other kinds of perfumery not otherwise provided for; powders and oils for toilet purposes, N. W., kilo, fifty cents: Proviso. Provided, That none of the articles classified unMinimum. der paragraph one hundred and five shall pay a less rate of duty than twenty-five per centum ad valorem. Group 5. GROUP 5.-VARIOUS. Miscellane- 106. Artificial or chemical fertilizers, G. W., one hunous. dred kilos, five cents. 107. Starch and feculae for industrial purposes, N. W., one hundred kilos, two dollars. 108. Dextrin, N. W., one hundred kilos, one dollar. 109. Glues, albumens, and gelatin, G. W., one hundred kilos, four dollars. 110. Carbons prepared for electric lighting, G. W., one hundred kilos, five dollars. E x p losive 111. Gunpowder and explosive compounds: compounds. (a) Gunpowder, explosive compounds and miners' fuses, N. W., one hundred kilos, five dollars; (b) Gunpowder, sporting and other explosives not intended for mines, including fireworks of of all kinds, N. W., kilo, twenty cents. All gunpowder intended for any kind of firearms, capable of passing through a metallic riddle with round holes two and one half millimeters in diameter, shall be considered as sporting. Class IV. CLASS IV.-COTTON AND ITS MANUFACTURES. Cotton a n d I t s manufacGroup 1. GROUP 1.-RAW COTTON. Raw cotton. 112. Raw cotton, with or without seed, and cotton waste N. W., one hundred kilos, fifty cents. Cotton yarns and threads of less than twenty centimeters in length shall be considered as waste of spun cotton. - PHILIPPINE ISLANDS. 165 GROUP 2.-YARNS. Group 2. Rule applicable to goods classed in the present Yarns. Classificagroup: tion. A meter of number one cotton yarn of a single thread weighs fifty-nine centigrams. To ascertain the number to which a cotton yarn corresponds any number of the meters thereof may be taken. The number of meters so taken must be multiplied by fifty-nine and the product thereof must be divided by the number of centigrams that the tested length of yarn weighs. The quotient so obtained will be the number of the tested yarn, if of not more than one thread. If the yarn is of more than one thread, the quotient must be multiplied by the number of threads, and to give the proper number seven per centum must be added if not dyed, or ten per centum if dyed. 113. Yarn in hanks: (a) Bleached or unbleached, N. W., kilo, ten cents; (b) Dyed, N. W., kilo, fifteen cents. 114. Yarn in cops, bobbins, or spools, unbleached, including weight of bobbins, spools, and so forth: (a) Up to number thirteen, N. W., kilo, nine cents; (b) Number fourteen to number twenty-five, N.W., kilo, eleven cents; (c) Number twenty-six to number thirty-five, N. W., kilo, thirteen cents; (d) Number thirty-six to number forty-five, N. W., kilo, sixteen cents; (e) Number forty-six and above, N. W., kilo, twenty cents. 115. The same, bleached or dyed, including weight of bobbins, spools, and so forth: (a) Up to number thirteen, N. W., kilo, fourteen cents; (b) Number fourteen to number twenty-five, N. W., kilo, sixteen cents; (c) Number twenty-six to number thirty-five, N. W., kilo, eighteen cents; (d) Number thirty-six to number forty-five, N. W., kilo, twenty-two cents; (e) Number forty-six and above, N. W., kilo, twenty-five cents. 116. Yarns or threads for sewing, crocheting, darning, or embroidering, including the weight of the reels or spools, N. W., kilo, twenty cents; (a) Thread for sewing sails, wrapping twine and cord, twisted or braided, including the weight of the reels, N. W., kilo, twelve cents; (b) Wicks for making candles or matches, including the weight of the reels, N. W., kilo, six cents. 3449-07 13 166 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Group 3. GROUP 3.-TEXTILES. Textiles. Rules of classification. RULE A. When the textiles included in the nurnbers of this group contain an admixture they shall, according to kind, be liable to the following surtaxes (see rules two to twelve, inclusive): 1. Cotton textiles containing threads of hemp, jute, linen, ramie, or pita shall be liable to a surtax of fifteen per centum of the duties applicable thereto: Provided, That the number of these threads of hemp, jute, linen, ramie, or pita counted in the warp and weft does not exceed one-fifth of the total number of threads composing the textile. When the number of threads of hemp, jute, linen, ramie, and so forth, exceeds one-fifth of the total the textiles shall be subject to the corresponding duties of Class V. 2. Cotton textiles containing threads of wool, flock wool, hair, or wastes of these materials shall be liable to a surtax of thirty-five per centum of the duties applicable thereto: Provided, That the number of threads of wool, flock wool, hair, or their wastes counted in the warp and weft does not exceed one-fifth of the total number of threads composing the textile. When the number of threads of wool, flock wool, hair, or their wastes exceed one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VI, as textiles mixed with wool. 3. 'Cotton textiles containing threads of silk or floss silk, shall be liable to a surtax of seventy per centum of the duties applicable thereto: Provided, That the number of silk or floss silk threads, counted in the warp and weft, does not exceed onefifth of the total number of threads composing the textile. When the number of threads of silk or floss silk exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of Class VII. The provisions of this rule shall not apply to knitted stuffs, tulles, laces, and blondes (see rule five), to ribbons (rule six), or to trimmings (rule seven). * RULEB. Articles included in this group, which are within the undermentioned conditions, shall be liable to the following surtaxes (see rules two to twelve, inclusive): (a) Textiles broches, or woven like brocades with silk or floss silk shall be liable to the duties leviable thereon, plus a surtax of fifteen per centum. *Amended, see note, page 205. PHILIPPINE ISLANDS. 167 (b) Textiles embroidered by hand or by machine Embroidery. after weaving or with application of trimmings shall be liable to the duties leviable thereon, plus a surtax of thirty per centum. Should the embroidery contain threads, purl, or spangles of common metal or of silver, the surtax shall amount to sixty per centum of the duties applicable to the textile. When the threads, purl, or spangles are of gold, the surtax shall be one hundred per centum. (c) Textiles and trimmings containing threads. or purl of common metals or silver shall be liable to a surtax of fifty per centum of the duties leviable thereon. When the threads or purl are of gold the surtax shall amount to one hundred per centum. (d) Textiles entirely or partially made up into sacks shall be liable to the duties applicable thereto, plus a surtax of fifteen per centum. Shawls called "mantones" and "panalones," Shawls, etc. traveling rugs, sarongs, "patadeones," counterpanes, sheets, towels, tablecloths and napkins, mantles, veils, shawls, hemmed fichus and handkerchiefs shall, for the making up, be liable to a surtax of thirty per centum of the duties leviable thereon. Other made-up articles, wearing apparel and Made-up articlothing of all kinds, except corsets and the articles provided for in paragraph one hundred and twenty-five, finished, half-finished, cut, or simply basted, shall, for their total weight, be liable to the duties leviable on the principal component textile on their most visible exterior part, plus a surtax of one hundred per centum. *117. Textiles plain and without figures, napped or not, Pr a n texweighing ten kilograms or more per one hundred square meters, unbleached, bleached, or dyed; and Textiles plain and without figures, stamped or printed, napped or not, measuring not over one hundred centimeters in width, weighing eight kilograms or more per one hundred square meters; and Textiles plain and without figures, not stamped or printed, whatever be their width, weighing eight kilograms or more per one hundred square meters having: (a) Up to eighteen threads, N. W., kilo, ten cents; (b) From nineteen to twenty-five threads, N. W., kilo, fourteen cents; (c) From twenty-six to thirty-eight threads, N.W., kilo, eighteen cents; *Amended, see note, page 205. _I __ _ _ _ _ 168 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. (d) Thirty-nine threads or more, N. W., kilo, twenty-eight cents; (e) The same textiles, stamped, printed, or manufactured, with dyed yarns: Dutiable as the textile, with a surtax of thirty per centum. *118. Other textiles, plain and without figures, napped or not, weighing less than ten kilos per one hundred square meters, unbleached, bleached, or dyed, having: (a) Up to twelve threads, N. W., kilo, fifteen cents; (b) From thirteen to twenty-two threads, N. W., kilo, twenty cents; (c) From twenty-three to thirty threads, N. W., kilo, twenty-seven cents; (d) From thirty-one to thirty-eight threads, N.W., kilo, thirty-seven cents; (e) Thirty-nine threads or more, N. W., kilo, fifty cents; (f) The same textiles, stamped, printed, or manufactured with dyed yarns: Dutiable as the textile, with a surtax of forty per centum. Twilled etc. 119. Textiles twilled or figured on the loom, napped or not, weighing ten kilograms or more per one hundred square meters, unbleached, bleached, or dyed, having: (a) Up to twelve threads, N. W., kilo, twelve cents; (b) From thirteen to twenty-two threads, N. W., kilo, fourteen cents; (c) From twenty-three to thirty threads, N. W., kilo, sixteen cents; (d) From thirty-one to thirty-eight threads, N.W., kilo, twenty-five and one-half cents; (e) Thirty-nine threads or more, N. W., kilo, thirty-three and one-half cents; (f) The same textiles, stamped, printed, or manufactured with dyed yarns: Dutiable as the textile, with a surtax of thirty per centum. *120. Textiles twilled or figured on the loom, napped or not, weighing less than ten kilograms per one hundred square meters, unbleached, bleached, or dyed, having: (a) Up to twelve threads, N. W., kilo, eighteen cents; (b) From thirteen to twenty-two threads, N. W., kilo, twenty-three cents; (c) From twenty-three to thirty threads, N. W., kilo, thirty-two cents; (d) From thirty-one to thirty-eight threads, N. W., kilo, forty-three cents; *Amended, see note, page 205. PHILIPPINE ISLANDS). 169 (e) Thirty-nine threads or more, N. W., kilo, fifty-five cents. (f) The same textiles, stamped, printed, or manufactured with dyed yarns: Dutiable as the textile, with a surtax of forty per centum. 121. Textiles for counterpanes, N. W., kilo, twenty-four c o untercent. panes. cents. 122. Piques of all kinds. N. W., kilo, forty-five cents. *123. Carded textiles in blankets and other articles: (a) Unbleached or half bleached, N. W., kilo, eight cents; (b) Bleached or dyed in the piece, N. W., kilo, fourteen cents; (c) Stamped, printed, or manufactured with dyed yarns, N. W., kilo, twenty cents. NOTE.-Blankets in pairs, hemmed or bound, and separate blankets, shall be considered as madeup articles for the application of the corresponding surtax. 124. Plushes, velvets, velveteens, and all pile fabrics, cut Plushes, etc. or uncut, except towels, N. W., kilo, forty-seven cents; (a) Bath robes and towels manufactured with pile warp, N. W., kilo, twenty-five cents. 125. Knitted goods, even with needlework: [Knitted Kit goods. goods, mixed with other vegetable fibers, wool, silk, or floss silk, shall respectively be dutiable according to the coresponding numbers of Class V, VI, and VII. (See ruTe five.)] (a) In the piece, N. W., kilo, fifteen cents; (b) Jerseys, undershirts, and drawers, N. W., kilo, thirty-five cents; (c) Stockings, socks, gloves, and other small articles, N. W., kilo, forty cents: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than twenty-five per centum ad valoren. NOTE.-The articles classified under this paragraph shall have no surtax for the making up, but shall be liable to such other surtaxes as may be applicable. 126. Tulles of all widths: [When these articles are mixed Tulles. in any proportion with linen or silk, they shall respectively be included in the corresponding numbers of Classes V and VI. (See rule five.)] (a) Plain, N. W., kilo, seventy cents; (b) Figured or embroidered on the loom, N. W., kilo, ninety-two cents. NoTE.-Tulles embroidered or figured after weaving, out of the loom, shall be dutiable under letter (a) of this paragraph with a surtax of sixty per centum. *Amended, see note, page 205. 170 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Laces, etc. 127. Laces and blondes of all kinds: (a) Lace curtains, bedspreads, pillow shams, unhemmed, hemmed, or bound, and other laces exceeding thirty-eigth centimeters in width, N. W., kilo, ninety cents; (b) Laces not exceeding thirty-eight centimeters in width, N. W., kilo, one dollar and twentyfive cents; (c) Laces less than twenty-five centimeters in width, N. W., kilo, one dollar and forty cents: Provided, That none of the articles classified under paragraphs one hundred and twenty-six and one hundred and twenty-seven shall pay a less rate of duty than thirty per centum ad valorem. Carpets, etc. 128. Carpets of cotton, N. W., kilo, fifteen cents. 129. Textiles called tapestry, for upholstering furniture and for curtains, manufactured with dyed yarns; table covers and counterpanes of the same kind, N. W., kilo, thirty-two cents. 130. Wicks for lamps, N. W., kilo, fifteen cents. 131. Trimmings of cotton, ribbons, and galloons [(See rules seven and eleven.) Ribbons and galloons containing in any proportion threads of other vegetable fibers, wool, or silk, shall, respectively, be subject to the corresponding numbers of Classes V, VI, and VII. (See rule six)], N. W., kilo, fifty-two cents; (a) Cotton tape, N. W., kilo, twenty-six cents: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than thirty per centum ad valorem. 132. Shoe and corset laces, N. W., kilo, thirty-five cents. 133. Rope and cordage, G. W., one hundred kilos, six dollars. 134. Cinches and saddle girths, N. W., kilo, twenty-five cents; (a) Ribbons or bands for the manufacture of the same, N. W., kilo, twelve cents. 135. Caoutchouc and cotton textiles: (a) Waterproof or caoutchouc stuffs on cotton textiles, N. W., kilo, fifteen cents; (b) Cotton elastic textiles manufactured with threads of gum elastic, N. W., kilo, fortyfive cents. Class V. CLASS V.-HEMP, FLAX, ALOE, JUTE, AND OTHER VEGETABLE jte, etc. flax FIBERS AND THEIR MANUFACTURES. Group 1. GROUP 1. —RAW AND SPUN. R a w a nd 136. Hemp, raw or hackled, N. W., one hundred kilos, one spun. dollar and ten cents. 137. Flax, raw or hackled, N. W., one hundred kilos, one dollar and twenty-five cents. PHILIPPINE ISLANDS. 171 138. Jute, aloe, and other vegetable fibers, N. W., one hundred kilos, forty cents. 139. Yarn of hemp or flax, from eight lea and finer, N. WV. kilo, seven cents. 140. Yarn or jute, not finer than five lea, N. W., kilo, one and one-half cents. 141. Yarn of hemp and flax, not finer than eight lea, and yarn of jute, finer than five lea, inclusive, N. W., kilo, five cents. 142. Yarn of aloe and other vegetable fibers, not elsewhere mentioned, up to number twelve, inclusive, N. W'., one hundred kilos, one dollar and fifty cents. 143. The same, from number thirteen upward, N. W., one hundred kilos, two dollars and seventy-five cents. 144. Threads, twines, cords, and yarns, twisted, of two or more ends, netted hammocks and fishing nets, and other similar manufactured articles, N. W., kilo, twenty-two and one-half cents. 145. Gunny bags, each, two cents. 146. Rope and cordage: (a) Twine or rope yarn and cord; also cordage and ropemakers' wares of hemp, flax, jute, or other fibers, not exceeding three millimeters in thickness, G. W., one hundred kilos, six dollars; (b) Cordage and ropemakers' wares, of hemp, flax, jute, or other fibers, exceeding three millimeters in thickness, G. W., one hundred kilos, six dollars. By the cordage dutiable under this number shall be understood yarn twisted in two or more strands, ten meters of which shall weigh more than five grams. GROUP 2.-TEXTILES. Group 2. RULE A. When the textiles included in the num- Textiles of bers of this group contain an admixture they shall, heRuseof clasaccording to kind, be liable to the following sur-sification. taxes (see rules two to twelve, inclusive): Textiles of hemp, jute, linen, ramie, or pita containing threads of wool, flock wool, hair, or their wastes, shall be liable to a surtax of forty per centum of the duties applicable thereto, provided that the number of these threads of wool, flock wool, hair, or their wastes, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile.. When the number of threads of wool, flock wool, hair, or their wastes,. exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of group three, class six, as textiles mixed with wool. 172 LAws RELATING TO INSULAR AND MILITARY AFFAIRS. 2. Textiles of hemp, jute, linen, ramie, or pita containing threads of silk or floss silk shall be liable to a surtax of sixty per centum of the duties applicable thereto, provided that the number of these threads of silk or floss silk, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile. When the number of silk or floss-silk threads exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of class seven. 3. Textiles of cotton containing an admixture of hemp, linen, ramie, jute, or other vegetable fibers, and at the same time threads of silk or floss silk, shall be dutiable according to the corresponding numbers of this group (see rule four, letter b), with a surtax of sixty per centum, provided that the number of silk or floss-silk threads, counted in the warp and weft, does not exceed onefifth of the total number of threads composing the textile. When the number of threads of silk or floss silk exceeds one-fifth of the total, the textiles shall be subject to the corresponding duties of class seven. The provisions of this rule shall not apply to knitted stuffs, tulles, laces, and blondes (see rule five), to ribbons (see rule six), or to trimmings (see rule seven). RULE B. Articles included in this group which are within the undermentioned conditions shall be liable to the following surtaxes (rules two to twelve, inclusive): (a) Textiles broches or woven like brocades with silk or floss silk shall be liable to the duties leviable thereon, plus a surtax of thirty per centum; (b) Textiles embroidered by hand or by machine after weaving or with application of trimmings, shall be liable to the duties leviable thereon, plus a surtax of thirty per centum. Should the embroidery contain threads, purl, or spangles of common metals or of silver, the surtax shall amount to sixty per centum of the duties applicable to the textile. When the threads, purl, or spangles are of gold, the surtax shall be one hundred per centum. (c) Textiles and trimmings containing threads or purl of common metals or silver shall be liable to a surtax of fifty per centum of the duties leviable thereon. When the threads or purl are of gold, the surtax shall amount to one hundred per centum. (d) Textiles entirely or partially made up into sacks shall be liable to the duties applicable thereto, plus a surtax of fifteen per centum. E m b roidery, etc. PHILIPPINE ISLANDS. 173 Shawls called "mantones" and "panalones," Shawls, etc. traveling rugs, sarongs, and " patadeones," counterpanes, sheets, towels, tablecloths and napkins, mantles, veils, shawls, hemmed fichus, and handkerchiefs shall, for the making up, be liable to a surtax of thirty per centum of the duties leviable thereon. Other made-up articles, wearing apparel and clothing of all kinds, except the articles provided for in paragraph one hundred and fifty-two, finished or half finished, cut, or simply basted, shall, for their.total weight, be liable to the duties leviable on the principal component textile on their most visible exterior part, plus.a surtax of one hundred per centum. 147. Textiles of hemp, linen, ramie, jute, or other veg- Linen, etc., etable fibers, not specially mentioned, plain, twilled, or damasked, weighing thirty-five kilograms or more per one hundred square meters (see rules seven and eleven), unbleached or dyed in the piece, having: (a) Up to ten threads, unbleached, used for bagging and baling, N. W., kilo, two cents; (b) Up to ten threads, for other purposes, N. W., kilo, four cents; (c) From eleven to eighteen threads, N. W., kilo, fourteen cents; (d) Nineteen threads or more, N. W., kilo, seventeen cents; (e) The same textiles, bleached, half-bleached, or printed: Dutiable as the textile, with a surtax of fifteen per centum; (f) The same textiles, manufactured with dyed yarns: Dutiable as the textile, with a surtax of twenty-five per centum. 148. Textiles, plain, twilled, or damasked, weighing from twenty to thirty-five kilograms per one hundred square meters, unbleached or dyed in the piece, having: (a) Up to ten threads, unbleached, used for bagging and baling, N. W., kilo, four cents; (b) Up to ten threads, for other purposes, N. W., kilo, nine cents; (c) From eleven to eighteen threads, N. W., kilo, thirteen cents; (d) From nineteen to twenty-four threads, N. W., kilo, eighteen cents; (e) From twenty-five to thirty threads, N. W., kilo, twenty-four cents; (f) From thirty-one to thirty-eight threads, N. W., kilo, thirty cents; (g) Thirty-nine threads or more, N. W., kilo, thirty-five cents; 174 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Finer. Proviso. Minimum. (h) The same textiles, bleached, half bleached, or printed: Dutiable as the textile, with a surtax of twenty-five per centum. 149. Textiles, plain, twilled, or damasked, weighing from ten to twenty kilograms per one hundred square meters, (see Rules 7 and 11) unbleached or dyed in the piece, having: (a) Up to eighteen threads, N. W., kilo, fourteen cents; (b) From nineteen to twenty-four threads, N. W., kilo, eighteen cents; (c) From twenty-five to thirty threads, N. W., kilo, twenty-five cents; (d) From thirty-one to thirty-eight threads, N. W., kilo, thirty-five cents; (e) Thirty-nine threads or more, N. W., kilo, fifty cents. (f) The same tissue bleached, half bleached, or printed: Dutiable as the textile, with a surtax of thirty per centum. (g) The same textiles manufactured with dyed yarns: Dutiable as the textile, with a surtax of fifty per centum. 150. Textiles, plain, twilled, or damasked, weighing less than ten kilograms per hundred square meters, unbleached or dyed in the piece, having: (a) Up to twelve threads, N. W., kilo, eighteen cents; (b) From thirteen to twenty-two threads, N. W., kilo, twenty-six cents; (c) From twenty-three to thirty threads, N. W., kilo, thirty-six cents; (d) From thirty-one to thirty-eight threads, N. W., kilo, fifty cents; (e) Thirty-nine threads or more, N. W., kilo, ninety cents; (f) The same textiles bleached, half bleached, or printed: Dutiable as the textile, with a surtax of thirty per centum. (g) The same textiles manufactured with dyed yarns: Dutiable as the textile, with a surtax of fifty per centum: Provided, That none of the articles classified under paragraphs one hundred and forty-nine and one hundred and fifty shall pay a less rate of duty than twenty per centum ad valorem. 151. Plushes, velvets, velveteens, and all pile fabrics, cut or uncut, composed of linen, jute, and so forth, N. W., kilo, thirty cents. 152. Knitted goods, even with needlework: (a) In the piece, N. W., kilo, one dollar; (b) Jerseys, undershirts, and drawers, N. W., kilo, one dollar and twenty cents; Plushes, etc. Knit goods. PHILIPPINE ISLANDS. 175 (c) Stockings, socks, gloves, and other small articles, N. W., kilo, one dollar and forty cents. NOTE.-The articles classified under this paragraph shall have no surtax for the making-up, but shall be liable to such other surtaxes as may be applicable. Provided, That none of the articles classified Minimum. under this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. 153. Tulles of all widths: Tulles. (a) Plain, N. W., kilo, ninety cents; (b) Figured or embroidered on the loom, N. W., kilo, one dollar and ten cents. N6TE.-Tulles embroidered or. figured after weaving, out of the loom, shall have a surtax of thirty per centum of the duties. 154. Laces and blondes of all kinds: Laces, etc. (a) Lace curtains, bed-spreads and pillow shams, and lace for borders exceeding thirty-eight centimeters in width, unhemmed, hemmed, or bound, N. W., kilo, one dollar and fifty cents; (b) Laces less than thirty-eight centimeters and not less than twenty-five centimeters in width, N. W., kilo, two dollars and twentyfive cents; (c) Laces less than twenty-five centimeters in width, N. W., kilo, three dollars: Provided, That none of the articles classified un- Minimum. der paragraphs one hundred and fifty-three and one hundred and fifty-four shall pay a less rate of duty than thirty per centum ad valorem. 155. Carpets of jute, hemp, and other vegetable fibers, Carpets. etc. N. W., kilo, seven and one-half cents. 156. Textiles called tapestry, for upholstering furniture and for curtains, manufactured with dyed yarn; table covers and counterpanes of the same kind, N. W., kilo, forty-two cents. 157. Trimmings, tape, ribbons, and galloons [see Rules 7 and 11. Ribbons and galloons containing any proportion of threads of wool or silk shall, respectively, be liable to the corresponding numbers of Class VII (see Rule 6)], N. W., kilo, sixty cents: Provided, That none of the articles classified Proviso. under this paragraph shall pay a less rate of Minimum duty than thirty per centum ad valorum. 158. Shoe and corset laces, N. W., kilo, thirty-five cents. 159. Cinches or saddle girths, N. W., kilo, thirty-five cents; (a) Ribbons or bands for the manufacture of the same, N. W., kilo, fifteen cents. 176 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 160. Waterproof or caoutchouc stuffs on textiles of linen or other vegetable fibers, except cotton, or elastic textiles manufactured with threads of gum elastic, N. W., kilo, twenty-five cents. Class VI. - CLASS VI.-WOOLS, BRISTLES, HAIR, HORSEHAIR, AND THEIR Wools, bristies, hair, etc. MANUFACTURES. Group 1. GROUP 1.-RAW. Raw material. Group 2. NOTE.-Articles dutiable in this class shall not be liable to surtaxes. 161. Bristles, horsehair, and other hair, including the hair of the camel, vicuna, and of the Angora and Cashmere goats, G. W., one hundred kilos, three dollars and sixty cents. W. 'Wool: (a) Unwashed, G. W., one hundred kilos, two dollars and fifty-five cents; (b) Washed, G. W., one hundred kilos, four dollars and thirty-five cents; (c) Combed and prepared for yarns, and wool waste carded, G. W., one hundred kilos, five dollars; (d) Combed, carded, and dyed, G. W., one hundred kilos, five dollars and fifty cents. GROUP 2.-YARNS. Yarns. 163. Woolen and worsted yarns: (a) Spun and twisted, unbleached or in the grease, N. W., kilo, twenty-five cents; (b) Bleached or washed, N. W., kilo, forty cents; (c) Dyed, N. W., kilo, fifty-five cents. VGroup 3. GROUP 3. —MANUFACTURES OF BRISTLES OR HAIR, TEXTILES AND FULLED STUFFS. M a n uf a c - 164. Manufactures of bristles or hair, other than human tures of bristles or h a r hair, not specially provided for, thirty-five per etc. centum ad valorem. 165. Knitted goods, even with needlework, with or without an admixture of cotton or other vegetable fibers, dyed in the piece or manufactured with dyed yarns, thirty per centum ad valorem; (a) Jerseys, undershirts, and drawers, thirty-five per centum ad valorem; (b) Stockings, socks, gloves, and other small articles, forty per centum ad valorem. 166. Textiles and other manufactures of wool, thirty-five per centum ad valorem. PHILIPPINE ISLANDS. 177 CLASS VII.-SILK AND ITS MANUFACTURES. Class VII. GROUP 1.-RAW AND SPUN. Group 1. NOTE.-Articles dutiable in this class shall not be R a w a n d spun. liable to surtaxes. spun. 167. Eggs of the silkworm, N. W., kilo, twenty-five cents. 168. Silk waste and cocoons, N. WV., kilo, one dollar and twenty-five cents. 169. Spun silks, not twisted, N. W., kilo, one dollar and fifty cents. 170. Twisted silks, N. W., kilo, one dollar and seventyfive cents; (a) The same, dyed, N. W., kilo,. one dollar and ninety cents. 171. Floss silks: (a) Neither twisted nor combed nor carded, N. W., kilo, one dollar and twenty-five cents; (b) Combed or carded, not twisted, N. W., kilo, one dollar and thirty-five cents; (c) Twisted, of two or more ends, N. W., kilo, one dollar and forty cents. 172. Floss silks, dyed, N. W., kilo, one dollar and fifty cents. GROUP 2.-TEXTILES. Group 2. 173. Knitted goods, even with needlework, dyed in the Textiles. piece or manufactured with dyed yarns, thirtyfive per centum ad valorem; (a) Jerseys, undershirts, and drawers, forty per centum ad valorem; (b) Stockings, socks, gloves, and other small articles, forty-five per centum ad valorem. 174. Textiles of all kinds of silk, and all other manufactures in which silk is the component material of chief value, not specially provided for, forty-five per centum ad valorem. 175. Waterproof or caoutchouc stuffs on silk textiles, or elastic textiles manufactured with threads of gum elastic, forty per centum ad valorem. CLASS VIII.-PAPER AND ITS APPLICATION. Class VIII. Paper. GROUP 1.-PAPER PULP. Group 1. 176. Paper pulp, G. W., one hundred kilos, twenty-five Paper pulp. cents. GROUP 2.-PRINTING AND WRITING PAPER. Group 2. 177. Printing paper, white or colored, unprinted, suitable Printing and for books or newspapers, N. W., one hundred kilos, writing paper. one dollar. 178 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 178. Common paper, including straw and manila paper, continuous or in sheets, white or colored, used for wrapping packages, bundles, and so forth, and toilet paper, not elsewhere provided for, N. W., one hundred kilos, one dollar. NOTE.-The foregoing paper manufactured into bags of any kind shall be dutiable under this section when without printing with a surtax of thirty per centum. If printed, whether in sheets or bags, it shall be dutiable with a surtax of fifty per centum. 179. Writing, letter, note, ledger, bond, and record paper, ruled or unruled, unprinted, white or colored, N. W., one hundred kilos, three dollars. Envelopes of all kinds shall pay duty under this paragraph with a surtax of thirty per centum. Paper with printed headings, billheads, forms for invoices, labels, printed cards, printed envelopes, and the like, and printed blank books shall pay duty under this number with a surtax of fifty per centum. Provided, That none of the articles classified in this paragraph shall pay a less duty than twenty per centum ad valorem. Group 3. GROUP 3.-PAPER PRINTED, ENGRAVED, OR PHOTOGRAPHED. Printed, en- 180. Books, bound or unbound, and other printed matter graved, or photographed. not specially provided for, N. W., one hundred kilos, three dollars; (a) Printed music, with or without words, N. W., kilo, ten cents. 181. Blank books, unprinted, N. W., one hundred kilos, four dollars. (a) Blank books, printed, N. W., one hundred kilos, five dollars: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. 182. Engravings, etchings, photographs, maps, and charts, not elsewhere provided for, hand-painted designs or drawings in oil, water color, pastels, and pen and ink drawings for use in manufacturing and in industrial arts and sciences, N. W., kilo, thirty cents. 183. Lithographs, chromolithographs, oleographs, and so forth, printed from stone, zinc, aluminum, or other material, used as labels, flaps, bands, and wrappers for tobacco or other purposes: (a) Of one to three printings, inclusive, including articles solely printed in bronze (bronze printing to be counted as three printings), PHILIPPINE ISLANDS. 179 but not including any article printed in whole or in part in metal leaf, N. W., kilo, five cents; (b) Of four to seven printings, inclusive (bronze printing to be counted as three printings), but not including any article printed in whole or in part in metal leaf, N. W., kilo, twenty cents; (c) Of eight to thirteen printings, inclusive (bronze printing to be counted as three printings), but not including any article printed in whole or in part in metal leaf, N. W., kilo, forty cents; (d) Of more than thirteen printings (bronze printing to be counted as three printings), including all articles printed in whole or in part in metal leaf, N. WV., kilo, eighty cents. GROUP 4.-WALL PAPER. 184. Wall paper, printed: (a) On natural ground, N. W., one hundred kilos, two dollars; (b) On dull or glazed ground, iN W., one hundred kilos, four dollars; (c) With gold, silver, wool or glass, N. W., one hundred kilos, ten dollars. GROUP 5.-PASTEBOARD AND VARIOUS PAPER. Group 4. Wall paper. Group 5. 185. Sand, emery, and glass paper, N. W., one hundred Pasteboard. kilos, one dollar and seventy-five cents. e 186. Blotting paper, N. W., one hundred kilos, two dollars. 187. Copying and stereotype paper, paper known as bibulous paper, tissue paper, pottery paper, letterpress copying books, surface-coated papers of all kinds, plain basic photographic papers for albuminizing, sensitizing or baryta coating and drawing and tracing paper; crepe, filter, and gum paper, Chinese mulberry and lucky papers and all paper not specially provided for in this tariff, N. W., kilo, four cents; (a) Albumen paper, N. W., kilo, ten cents; (b) Sensitized paper, N. W., kilo, thirty cents; (c) Carbon paper, N. W., kilo, twenty cents. 188. Cigarette paper, printed or unprinted: (a) Cigarette paper,, printed or unprinted, in books, N. W., kilo, twenty cents; (b) In rolls, reams, or other forms, N. W., one hundred kilos, nine dollars. 180 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 189. Pasteboard in sheets: (a) Cardboard paper and fine glazed or pressed cardboard, N. W., one hundred kilos, three dollars; (b) Other pasteboard, N. W., one hundred kilos, one dollar. Man u f a c-190. Manufactures of pasteboard and cardboard, and tures. manufactures of paper not otherwise provided for; (a) Pasteboard and cardboard, cut out, punched, or perforated, but not further elaborated, such as photograph mounts, neither embossed nor printed; visiting cards, neither engraved nor printed; button cards, punched, but not further elaborated; cards for card indexes; and similar manufactures of pasteboard and cardboard, N. W., kilo, four cents; (b) Boxes, not fancy, of common pasteboard or cardboard, covered or lined, with surfacecoated or glazed paper, and photograph mounts, embossed or printed, N. W., kilo, ten cents; (c) Boxes of common pasteboard or cardboard, unlined or covered or lined with common paper, N. W., kilo, five cents; (d) All other manufactures of pasteboard, cardboard, and paper not specially provided for in which pasteboard, cardboard, or paper is the material of chief value, such as fancy boxes, letter files, Chinese joss money, and Chinese and Japanese lanterns, N. W., kilo, twenty cents: Proviso. Provided, That none of the articles classified Minimum. under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. 191. Paste and carton pierre: (a) Unwrought, N. W., one hundred kilos, two dollars; (b) Wrought, finished or not, including moldings, N. W., kilo, fifteen cents. Class IX. CLASS IX.-WOOD AND OTHER VEGETABLE MATERIALS EMWood, etc., used in indus- PLOYED IN INDUSTRY, AND ARTICLES MANUFACTURED try, etc. THEREFROM. Group 1. GROUP 1.-WOOD. Boards, etc. 192. Ordinary wood: (a) In boards, deals, rafters, beams, round wood, and timber for shipbuilding, cubic meter, fifty cents; (b) Planed or dovetailed for boxes and flooring, cubic meter, sixty-five cents; PHILIPPINE ISLANDS. 181 (c) Cases wherein imported goods are regularly and usually packed, G. W., one hundred kilos, fifteen cents. 193. Fine wood for cabinetmakers: (a) In boards, deals, trunks, or logs, G. W., one hundred klos, fifty cents; (b) Sawn in veneers, G. W., one hundred kilos, one dollar. 194. Coopers' wares: (a) Fitted together, G. W., one hundred kilos, sixty cents; (b) In shooks or staves, also hoops and headings, G. W., one hundred kilos, thirty cents; (c) Wood cut for making hogsheads or casks for sugar or molasses, G. W., one hundred kilos, ten cents; (d) Latticework and fencing, G. W., one hundred kilos, twenty cents; (e) Handles for tools and implements, G. W., one hundred kilos, one dollar. GROUP 2.-FURNITURE, AND MANUFACTURES OF WOOD. Group 2. 195. Common wood manufactured into furniture and Furniture, other articles of all kinds not specially provided etc. for, whether turned, painted, varnished, or not, but not inlaid, veneered, carved, or upholstered, covered or lined with stuffs or leather, N. W., one hundred kilos, two dollars and fifty cents. 196. Fine wood manufactured into furniture and other articles of all kinds not specially provided for, whether turned, painted, varnished, polished, or not, or upholstered, carved, or lined with stuffs, except silk (pure or mixed) or leather, and common wood manufactured into furniture, and other articles not specially provided for, veneered with fine wood, or upholstered, covered, or lined with stuffs, except silk (pure or mixed) or leather, N. W., one hundred kilos, seven dollars and fifty cents. 197. Common or fine wood, manufactured into furniture, and other articles of all kinds not specially provided for, gilt, carved, inlaid, veneered with metal, ornamented with metal, or upholstered, covered or lined with silk (pure or mixed), or leather, N. W., one hundred kilos, twelve dollars and fifty cents. 198. Furniture of bent wood, N. W., one hundred kilos, six dollars. 199. Barbers' and dentists' chairs and bar fixtures, N. W., one hundred kilos, eleven dollars. 200. Billiard tables and all parts thereof and appurtenances, except cloth, chalk, and balls, N. W., one hundred kilos, ten dollars: Provided, That none of the articles classified under paragraphs one hundred and ninety-five, 3449-07-i4 182 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. one hundred and ninety-six, one hundred and ninety-seven, one hundred and ninety-eight, one hundred and ninety-nine, and two hundred shall pay a less rate of duty than twenty-five per centum ad valorem. Group 3. GROUP 3.-VARIOUS. Charcoal, etc. 201. Charcoal, firewood, and other vegetable fuels, G. W., one hundred kilos, fifteen cents. Cork, etc. 202. Cork: (a) In the rough or in boards, G. W., one hundred kilos, one dollar and forty cents; (b) Manufactured, N. W., one hundred kilos, ten dollars. 203. Rushes, vegetable hair, cane, osiers, fine straw, palm, genista, esparto, and other analogous materials, unmanufactured, N. W., one hundred kilos, one dollar and twenty cents. 204. The same, in wickerwork or furniture, N. W., one hundred kilos, eight dollars; (a) In other articles not specially provided for, N. W., one hundred kilos, ten dollars. Class X.and CLASS X.-ANIMALS AND ANIMAL WASTES EMPLOYED IN Animals and animal wastes, INDUSTRY. etc. Group 1. GROUP 1.-ANIMALS. Animals. 205. Horses and mares: (a) Horses, gelded, each, ten dollars; (b) Other horses and mares, each, five dollars. 206. Mules, each, five dollars. 207. Asses, each, five dollars. 208. Bovine animals: (a) Oxen, each, two dollars; (b) Bulls and cows, each, one dollar and fifty cents; (c) Calves and heifers, each, one dollar: Proviso. Provided, That articles classified under letter Minimum. (b) of paragraph two hundred and five and under paragraphs two hundred and seven and two hundred and eight shall be admitted free of duty until January first, nineteen hundred and nine. 209. Pigs, each, one dollar. 210. Sucking pigs, each, twenty-five cents. 211. Sheep, goats, and animals not specially mentioned, each, fifty cents. 212. Live birds, excluding poultry, each, fifteen cents. Group 2. GROUP 2. —HIDES, SKINS, AND LEATHER WARES. Hides, skins, 213. Pelts, in their natural state or dressed for trimmings, and leather P timns wares. G. W., kilo, one dollar. 214. Hides and skins, green, or not tanned, G. W., one hundred kilos, one dollar and fifty cents; PHILIPPINE ISLANDS. 183 (a) The same, wet salted, G. W., one hundred kilos, seventy-five cents; (b) The same, dry salted, G. W., one hundred kilos, one dollar. 215. Hides tanned with the hair on, G. W., kilo, ten cents. 216. Hides tanned without the hair: (a) Cow, and other hides, whole, G. W., kilo, ten cents; (b) Other, and backs of large hides, G. W., kilo, twenty-five cents. 217. Hides and skins curried, dyed or not: (a) Sheepskins (basils), N. W., kilo, fifteen cents; (b) Calf or goat skins, N. W., kilo, fifteen cents; (c) Kid, lamb, or young calf skins, N. W., kilo, twenty-five cents; (d) Cow, and other large hides, whole, N. W., kilo, fifteen cents; (e) Backs of large hides, and skins not specially mentioned, N. W., kilo, twenty cents. 218. Hides and skins, varnished, satiny, grained, dulled, and hides and skins with figures, engravings, or embossed, N. W., kilo, twenty-five cents. Leather cut out for boots and shoes or other articles shall pay twenty per centum additional to the duty on the material. 219. Chamois leather or parchment, of all kinds, and gilt c h a m o i s or bronzed hides and skins, N. W., kilo, forty eather. cents. 220. Gloves of all kinds in which leather is the component Gloves. material of chief value, per pair, ten cents: Provided, That none of the articles classified Proviso. I Mintmum. under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. 221. Shoes of cowhide and similar leather and canvas: Shoes. Cowhide. (a) For men, size numbered five and one-half or larger, per pair, ten cents; (b) For boys, smaller than size numbered five and one-half, per pair, five cents; (c) For women, size numbered two and one-half or larger, per pair, eight cents; (d) For girls, smaller than size numbered two and one-half, per pair, five cents; (e) For babies, per pair, five cents. 222. Shoes of patent and similar leather and of imitation p a t e n t patent leather: leather, etc. (a) For men, size numbered five and one-half or larger, per pair, forty cents; (b) For boys, smaller than size numbered five and one-half, per pair, thirty cents; (c) For women, size numbered two and one-half or larger, per pair, thirty-five cents; (d) For girls, smaller than size numbered two and one-half, per pair, thirty cents; (e) For babies, per pair, ten cents. 184 LAWS RELATING TO INSULAR AND MTLITARY AFFAIRS. calfskin. * 223. Shoes or gaiters of calfskin, with elastic or buttons or for lacing: (a) For men, size numbered five and one-half or larger, per pair, thirty cents; (b) For boys, smaller than size numbered five and one-half, per pair, twenty cents; (c) For women, size numbered two and one-half or larger, per pair, twenty-five cents; (d) For girls, smaller than size numbered two and one-half, per pair, twenty cents; (e) For babies, per pair, five cents. Gaiters. 224. Gaiters of patent or similar leather and of imitation patent leather: (a) For men, size numbered five and one-half or larger per pair, forty cents. (b) For boys, smaller than size numbered five and one-half, per pair, thirty cents; (c) For women, size numbered two and one-half or larger, per pair, thirty-five cents; (d) For girls, smaller than size numbered two and one-half, per pair, thirty cents; (e) For babies, per pair, ten cents. NOTE.-The sizes of shoes and gaiters referred to in the above paragraphs are of the American standard. 8 225. Other boots and shoes, fancy, per pair, fifty cents; (a) Other boots and shoes not specially provided for, per pair, thirty cents. 226. Riding boots, per pair, one dollar. 227. Sandals: (a) Of leather, per pair, fifteen cents; (b) Of other materials, and conunon shoes worn by the Chinese, per pair, ten cents; (c) Spanish alpargatas, with hemp or corded soles, per pair, five cents. Saddlery and 228. Saddlery and harness: harness. (a) Draft harness, and parts, other than for carriages, N. W., kilo, fifteen cents; (b) Carriage harness and parts, N. W., kilo, thirty cents; (c) Other saddlery and harness makers' wares, including saddles, valises, hat boxes. and traveling bags, wholly or in part of leather, N. W., kilo, thirty cents. 229. Other manufactures of leather or covered with leather, not specially provided for, N. W., kilo, forty cents; (a) Leather belting, N. W., kilo, twenty-five cents: Proviso. Provided, That none of the articles classified Minimum. under paragraphs two hundred and twenty-eight *Amended, see note, page 208. PHILIPPINE ISLANDS. 185 or two hundred and twenty-nine shall pay a less rate of duty than twenty per centum ad valorem. GROUP C.-VARIOUS. Group 3. 230. Feathers for ornaments, in their natural state or Miscellanemanufactured, N. W., kilos, two dollars and fifty ous. cents: Provided, That none of the articles classified Proviso. under this paragraph shall pay a less rate of duty Minimum than sixty per centum ad valorem. 231. Feather dusters, N. W., kilo, thirty cents; (a) Other feathers and manufactures of feathers not specially provided for, N. W., kilo, sixty cents. 232. Stuffed or mounted birds or animals not specially provided for in paragraph three hundred and eighty-nine, N. W., kilo, one dollar. 233. Intestines, dried, N. W., kilo, two dollars. 234. Animal wastes, unmanufactured, not specially mentioned, G. W., one hundred kilos, fifty cents. CLASS XI.-INSTRUMENTS, MACHINERY, AND APPARATUS Class XI. I n struments, EMPLOYED IN MUSIC, AGRICULTURE, INDUSTRY, AND LOCO- etc. m MOTION. GROUP 1.-MUSICAL INSTRUMENTS, CLOCKS AND WATCHES. Group 1. 235. Pianos: (a) Concert grand, each, one hundred dollars; Musical n - (b) Ordinary grand, each, seventy-five dollars; clocks, and (c) Concert upright, square, each, fifty dollars; watches. (d) Ordinary upright, square, each, thirty dollars. 236. Harmoniums and cabinet organs, each, ten dollars. 237. Mechanical music boxes: (a) Playing three airs or less, each, seventy-five cents; (b) Playing more than three airs, each, two dollars and fifty cents. Other musical instruments shall be dutiable according to the principal component part thereof, and, in addition thereto, a surtax of one hundred per centum. 238. Watches, watch cases of all kinds, watch movements, and parts of watches, twenty per centum ad valorem; (a) Parts of watches and clocks commonly known as watch and clock materials and suitable for repairs only, including watch crystals, twenty per centum ad valorem. 239. Clocks of all kinds (except tower clocks), complete; parts of the same, including those parts commonly known as clock materials and suitable for repair 186 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Group 2. Apparatus and machinery. Agricultu r a machinery, etc. only; cases, stands, glasses, shades, and other accessories of the same, twenty-five per centum ad valorem. 240. Tower, clocks, complete; machinery and parts for the same, whether set up or not, twenty-five per centum ad valorem. 241. Chronometers in cases or boxes for marine or professional use, and cases, movements, crystals, and other parts for the same, twenty-five per centum ad valorem. GROUP 2.-APPARATUS AND MACHINERY. 242. Machinery and apparatus for weighing of all kinds, not specially provided for, and detached parts therefor, twenty per centum ad valorem..23. Marine engines, stationary engines, hydraulic, steam, petroleum, gasoline, and hot or compressed air motors, fifteen per centum ad valorem. 244. Steam boilers of all kinds, whether attached to engines or not, fifteen per centum ad valorem. i245. Agricultural machinery and apparatus, machinery and apparatus for pile driving, dredging, hoisting, and making or repairing roads, for refrigerating and ice making, sawmill machinery, machinery and apparatus for extracting vegetable oils, and for converting the same into other products, for making sugar, for preparing rice, hemp, and other vegetable products of the islands for the markets, and detached parts therefor, also traction and portable engines and their boilers adapted to and imported for and with rice-threshing machines, and steam plows, five per centum ad valorem. NOTE.-The expression " Preparing vegetable products for the markets," shall be taken to mean putting said products in their first marketable condition. 246. Locomotives, including tenders, and traction and portable engines complete, and detached parts therefor, fifteen per centum ad valorem. 247. Turntables and power and hand cranes, fifteen per centum ad valorem. 248. Apparatus and appliances for the generation, distribution, testing, measuring, and installation of electricity, dry and wet batteries, carbon brushes, arc lamps and their fittings, insulating materials, tapes and compounds used exclusively for electrical purposes; bells, annunciators, telephones, and apparatus pertaining to the same; galvanometers, amperemeters, voltmeters, and wattmeters; and all or any parts of apparatus specified, including insulators of glass or porcelain or other material, five per centum ad valorem. Locomotives. Electrical apparatus. PHILIPPINE ISLANDS. 187 249. Storage batteries, five per centum ad valorem. 250. Dynamos, generators, exciters, and all other machinery for the generation of electricity for lighting or for power; transformers and electric motors and electric fans, five per centum ad valorem: (a) Incandescent lamps, mounted or not mounted, fifteen per centum ad valorem. 251. All sewing machines and detached parts therefor, c wing maexcept needles, fifteen per centum ad valorem. 252. Bicycles and velocipedes and detached parts and ac- Bicycles. etc. cessories thereto, including lamps, twenty-five per centum ad valorem. '253. Typewriters and detached parts therefor, including ribbons, fifteen per centum ad valorem. 254. Phonographs, cinematographs, biographs, and similar machines, including detached parts and records and films therefor, thirty per centum ad valorem. 255. Cash registers and adding machines, and detached parts therefor, twenty-five per centum ad valorem. 256. Automatic slot machines for weighing and other purposes, not prohibited, and detached parts therefor, thirty per centum ad valorem. 257. Other machinery and detached parts of machines not specially provided for: (a) Of copper and its alloys, twenty per centum ad valorem. (b) Of other materials, ten per centum ad valorem. GROUP 3.-CARRIAGES. group 3. 258. Coaches and berlins, new, used, or repaired, twenty Carriages. per centum ad valorem. 259. Omnibuses, diligences, Concord, and similar coaches, new, used, or repaired, twenty per centum ad valorem. 260. Other common four-wheeled carriages, with four or more seats, new or repaired, twenty per centum ad valorem. 261. All other carriages not specially provided for, new, used, or repaired, including automobiles for persons or merchandise, baby carriages, trimmed or untrimmed, and jinrikishas, twenty per centum ad valorem. 262. Railway carriages of all kinds for passengers, each, Passenger one hundred dollars; (a) Finished wooden parts of the same, N. W., one hundred kilos, one dollar and fifty cents; (b) Railway box cars, each, fifty dollars; (c) Railway flat cars, each, thirty dollars; (d) Cars for industrial railways, fifteen per centum ad valorem. 188 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Tram cars. 263. Tramway carriages of all kinds: (a) Bodies, either set up or knocked down, each, thirty-five dollars; (b) Trucks per set, for same, each, ten dollars. 264. Wagons, each, seven dollars and fifty cents. 265. Carts for transporting merchandise, each, five dollars; (a) All others not specially provided for, twenty per centum ad valorem. 266. Hand carts, each, three dollars; (a) Wheelbarrows, of wood, each, fifty cents; (b) Wheelbarrows, wholly of iron or steel, each, one dollar and fifty cents: Proviso. Provided, That wooden parts for any of the Duty on p wooden parts. vehicles classified under paragraphs two hundred and fifty-eight, two hundred and fifty-nine, two hundred and sixty, two hundred and sixty-one, two hundred and sixty-four, two hundred and sixty-five, and two hundred and sixty-six shall be dutiable at the rate of twenty per centum ad valorem. Group 4. GROUP 4.-SMALL BOATS AND OTHER WATER CRAFT. Water craft. 2(7. Small boats, launches, lighters, and all other water craft imported into the Philippine Islands, either set up or knocked down, thirty per centum ad valorem. NoTE.-The expression " imported into the Philippine Islands " shall be held to mean " brought into the jurisdictional waters of the islands in or on another vessel, or towed therein by another vessel, as distinguished from coming into these islands under the craft's own steam, sail, or other motive power." Class XII. Edibles. Group 1. CLASS XII.-ALIMENTARY SUBSTANCES. GROUP 1.-MEATS AND FISH. Meats and268. Poultry and game, dressed or undressed, N. W., kilo, three cents. 269. Meat, salted or in brine, and jerked beef, G. W., one hundred kilos, seventy-five cents. 270. Hams, bacon, and other meats, smoked or cured, also sausages not preserved in cans, N. W., one hundred kilos, three dollars: Provided, however, That the salt ordinarily used for the packing of any of the articles enumerated in this paragraph shall be classified under paragraph:ninety-four (a). 271. Lard (however contained), G. W., one hundred kilos, two dollars. PHILIPPINE ISLANDS. 189 272. Vegetable lard and all imitations of lard, G. W., one hundred kilos, one dollar and sixty cents. 273. Salted cod and stockfish, G. W., one hundred kilos, seventy-five cents. 274. Fish, other, except as included in paragraphs three hundred and seventeen and three hundred and eighteen: (a) Fresh, with only the salt indispensible for its preservation, G. W., one hundred kilos, fifty cents; (b) Salted, smoked, or pickled, but packed in bulk, and not of the class of " canned or potted fish " covered by paragraphs three hundred and seventeen and three hundred and eighteen, G. W., one hundred kilos, one dollar and fifty cents. 275. Oysters, clams, and shellfish, not in glass or canned, G. W., one hundred kilos, two dollars and fifty cents. GROUP 2.-GRAIN, DRIED FRUIT, AND VEGETABLES, AND Group 2. Rice, grain, PREPARATIONS OF THE SAME. dried f r ui t vegetables, etc. 276. Rice: Until May first, nineteen hundred and five: Rice. (a) Unhusked, G. W., one hundred kilos, forty cents; (b) Husked, G. W., one hundred kilos, fifty cents; (c) Flour, G. W., one hundred kilos, one dollar and fifty cents. On May first, nineteen hundred and five, and until January first, nineteen hundred and seven: (a) Unhusked, G. W., one hundred kilos, sixty cents; (b) Husked, G. W., one hundred kilos, seventyfive cents; (c) Flour, G. W., one hundred kilos, one dollar and seventy-five cents. On and after January first, nineteen hundred and seven: (a) Unhusked, G. W., one hundred kilos, eighty cents; (b) Husked, G. W., one hundred kilos, one dollar; (c) Flour, G. W., one hundred kilos, two dollars: Provided, however, That the Philippine Com- Proviso. mission may, in its discretion, continue in force the may continue rate of duty first above stated, until in its opinion present rate. the conditions in the Philippine Islands may warrant the higher rates herein provided. 277. Wheat, rye, and barley: (a) In grain, G. W., one hundred kilos, twenty five cents; (b) In flour, G. W., one hundred kilos, forty cents. 190 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Prepared cereals. Group 3. Tropical, etc., products. Sugar. 278. Corn (maize), oats, and other cereals not mentioned elsewhere: (a) In grain, G. W., one hundred kilos, ten cents; (b) In meal or flour, G. W., one hundred kilos, forty cents. 279. Millet: (a) In grain, G. W., one hundred kilos, forty cents; (b) In flour, G. W., one hundred kilos, fifty cents. 280. Malt, G. W., one hundred kilos, two dollars and fifty cents. 281. Hops, G. W., one hundred kilos, three dollars. 282. Cereals prepared for table use, such as oatmeal, cracked wheat, cornstarch, avena, and all other preparations of cereals for table use not elsewhere specially provided for, N. W., one hundred kilos, two dollars. 283. Bread, biscuit, crackers, and wafers made of flour from cereals or pulse: (a) Unsweetened, N. W., one hundred kilos, three dollars; (b) Sweetened, N. W., one hundred kilos, five dollars. 284. Vermicelli, macaroni, and pastes for soups, N. W., one hundred kilos, three dollars. 285. Dried raisins, dates, figs, and citron, put up in small packages, N. W., one hundred kilos, two dollars and fifty cents. 286. The same fruits in bulk and all other dried and dessicated fruits, N. W., one hundred kilos, seventyfive cents. 287. Dried beans, peas, and pulse: (a) In bulk, G. W., one hundred kilos, seventyfive cents; (b) Put up in small packages, N. W., one hundred kilos, one dollar; (c) Flour of, G. W., one hundred kilos, one dollar and fifty cents. 288. Dried or dessicated vegetables, not elsewhere specially provided for, G. W., one hundred kilos, one dollar. GROUP 3.-TROPICAL ANI SEMITROPICAL PRODUCTS. 289. Sugar: (a) Raw and glucose, G. W., one hundred kilos, one dollar and sixty-two cents; (b) Refined, N. W., one hundred kilos, three dollars. 290. Cocoa (a) (b) Of all kinds in the bean, G. W., one hundred kilos, five dollars and seventy-five cents; Ground, in paste, powder, and cocoa butter, N. W., one hundred kilos, ten dollars. PHILIPPINE ISLANDS. 191 291. Coffee: Coffee, etc. (a) In grains, G. W., one hundred kilos, seven dollars and fifty cents; (b) Ground, N. W., one hundred kilos, eight dollars and seventy cents. 292. Succory root and chicory in any form, N. Wr., one hundred kilos, seven dollars and fifty cents. 293. Cinnamon, first grade: Spices, etc. (a) Unground, N. W., one hundred kilos, eight dollars; (b) Ground, N. W., one hundred kilos, ten dollars. 294. Cinnamon, second grade: (a) Unground, N. W., one hundred kilos, six dollars; (b) Ground, N. W., one hundred kilos, eight dollars. 295. Vanilla beans, N. W., kilo, five dollars. 296. Cloves and other spices not specially mentioned: (a) Unground, N. W., kilo, eight cents; (b) Ground, N. W., kilo, ten cents; (c) Saffron of all kinds, N. W., kilo, four dollars. 297. Allspice and mace: (a) Unground, N. W., kilo, seven cents; (b) Ground, N. W., kilo, nine cents. 298. Nutmegs: (a) Unhusked, G. W., kilo, four cents; (b) Husked, G. W., kilo, six cents. 299. Pepper: (a) Whole, N. W., kilo, four cents; (b) Ground, N. W., kilo, six cents. 300. Mustard: (a) Seed, N. W., kilo, four cents; (b) Ground, N. W., kilo, six cents; (c) In paste, N. W., kilo, fifteen cents. 301. Tea, N. W., kilo, twenty cents. Tea. GROUP 4.-SEEDS AND FORAGE. Group 4. 302. Seeeds not elsewhere provided for and carob beans, Seeds and G. W., one hundred kilos, fifty cents. forage 303. Hay, forage, and bran, G. W., one hundred kilos, five cents. GROUP 5.-OILS AND BEVERAGES. Group 5. Oils and beverages. 304. Olive oil: (a) In receptacles of earthenware, wood, or tin, N. W., one hundred kilos, four dollars; (b) In bottles, N. W., kilo, seven and one-half cents. 305. Other refined oils in bottles for table use, N. W., kilo, five cents. 306. Alcohol, liter, seventy cents. 307. Methyl alcohol, N. W., liter, thirty-five cents. 192 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 308. (a) VWhisky, rum, gin, and brandy, per proof liter, thirty-five cents; (b) Cocktails, blackberry and ginger brandy, per gauge liter, thirty-five cents; (c) Liqueurs, cordials, and all compound spirits not specially mentioned, per gauge liter, sixty-five cents: Proviso. Provided, h owever, That if the proof in the Surtax. liquors classified under (b) and (c) of this paragraph should be above one hundred and five degrees the same shall pay a surtax of twenty-five cents per liter. wines. 309. Wines, sparkling, liter, eighty-five cents. 310. Wines, still (fine): (a) All white and red fine wines, including the products known as generous wines (vinos generosos), and all white and red wines known as dessert or liqueur wines, similar to fine moscatels and madeiras, except those mentioned in the next number, in wood, liter, twenty-five cents; (b) The same in bottles, flasks, demijohns and other similar receptacles, liter, forty cents. 311. Wines, still (common): (a) Common red and white wines, such as vin ordinaire, vino comun and others of like quality, in wood, liter, five cents; (b) The same in bottles, flasks, demijohns, or other similar receptacles, liter, ten cents. 312. Malt liquors, malt extract, ciders, mineral waters, and other nonalcoholic beverages: Malt llauors. (a) Malt liquors, malt extract, and cider, in wood, hectol, three dollars and forty cents; (b) Malt liquors, malt extract, and cider, in bottles or other receptacles, hectol, four dollars and sixty cents; (c) Sweetened, flavored, or aerated waters; natural mineral waters, aerated, carbonated, or not; ginger ale, root beer, and other nonalcoholic beverages not specially provided for, hectol, one dollar and fifty cents. 313. Fruit juice, pure or with sufficient sugar to preserve it; fruit sirups for beverages, and fruit pulp, liter, five cents. 314. Vinegar, liter, two cents. Group 6. GROUP 6.-VARIOUS. tCannedgoods, 315. Canned or potted meats, such as beef, mutton, sauPotted meats. sage, chicken, turkey, ham, bacon, and generally all meats preserved in cans or jars, when not exceeding in value one dollar per dozen cans of the weight of one-tenth of a kilogram for each can, and not exceeding in value one dollar and seventy PHILIPPINE ISLANDS. 193 five cents per dozen cans of the weight of one-fifth of a kilogram for each can, N. W., kilo, five cents. 316. Canned or potted meats of the delicatessen class, including mince-meat, pate de fois gras, deviled ham, and generally all meats preserved in cans or jars, when exceeding in value one dollar per one dozen cans of the weight of one-tenth of a kilogram for each can, and exceeding in value one dollar and seventy-five cents per dozen cans of the weight of one-fifth of a kilogram for each can, N. W., kilo, twenty cents. 317. Cod, herring, and sardines, in tins, cans, or jars, Fish. etc. N. W., kilo, three and one-half cents; (a) Salmon, in cans, N. W., kilo, one and one-half cents; (b) Other canned or potted fish, and sea food, such as oysters, clams, and generally all sea products preserved in cans or jars, N. W., kilo, six cents. 318. Canned and potted fish and sea food of the delicatessen class, such as anchovies, caviar, fish roe, and generally all fish or sea food preserved in cans or jars, not in use as ordinary food, N. W., kilo, twenty cents. 319. Canned or potted soups of all kinds, including clam broth, N. W., kilo, five cents. 320. Condensed or concentrated milk and canned vege- Condensed tables of all kinds, such as tomatoes, corn, pease, milk, etc. beans, pumpkins, and generally vegetables preserved in cans or jars, N. W., kilo, two and onehalf cents; (a) Evaporated cream unsweetened, N. W., kilo, one and one-half cents. 321. Pickled vegetables and fruits of all kinds: (a) In stone or glass, N. W., kilo, four cents; (b) In wood, G. W., kilo, one and one-half cents. 322. Canned or preserved fruits: Canned, etc., (a) In wood; and those belonging to the class fruits. known as " Pie fruits," packed in water, in tin or glass, N. W., kilo, two cents. (b) Others, in tin or glass, including those packed in sirups, known as " Table fruits," N. W., kilo, two cents. 323. Preserved or brandied fruits in cordials or spirits of any kind containing more than eighteen per centum of alcohol, such as brandied peaches, cherries preserved in maraschine and the like, whether put up in tin or glass, N. W., kilo, fifteen cents. 324. Canned breads of all kinds, N. W., kilo, two and one-half cents. 325. Canned cakes, puddings, and sweetmeats not candied, such as plum pudding and the like, N. W., kilo, ten cents. 194 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 326. Saccharine, N. W., kilo, three dollars. 327. Flavoring extracts not containing more than twelve per centum of alcohol, N. W., kilo, twenty-five cents. 328. Sauces and condiments for table use, such as caper, tabasco, Worcestershire, and the like preparations, N. W., kilo, twelve and one-half cents. (a) Tomato sauces, including catsup, N. W., kilo, five cents. Nuts. 329. Nuts, dried, of all kinds in natural state, not otherwise provided for, N. W., one hundred kilos, two dollars and fifty cents. Chocolate. 330. Chocolate: (a) In forms or lumps for manufacturing purposes, N. W., kilo, fifteen cents; (b) In cakes or powders, for table use, but not made up into bonbons or sweetmeats of any description, N. W., kilo, twenty cents. Confection-331. Conserved or crystalized fruit or nuts, used as conery. fectionery and sweetmeats, whether put up in paper, metal, or glass, N. W., kilo, twenty-five cents. 332. Confectionery, candies, and sweetmeats of all kinds, N. W., kilo, twelve and one-half cents: MPvi8um. Provided, That none of the articles classified under pragraphs three hundred and thirty, three hundred and thirty-one, and three hundred and thirty-two shall pay a less rate of duty than twenty per centum ad valorem. 333. Eggs, salted or preserved, G. W., one hundred kilos, two dollars and fifty cents. Cheese. 334. Cheese: (a) Fine, in glass, stone, or metal, not in use as common food, N. W., kilo, fifteen cents; (b) Other (common), G. W., kilo, two and onehalf cents. But, Butter, utter, N. V., kilo, five cents. 336. Oleomargarine, butterine and all imitations of butter, N. W., kilo, six cents. 337. Honey, maple sirup, molasses, and sirup of cane, G. W., one hundred kilos, one dollar. Class XIII. CLASS XIII.-MISCELLANEOUS. Miscellaneous. Fans. 338. Fans of all kinds, thirty-five per centum ad valorem. 339. Combs: (a) Of horn or india rubber, N. W., kilo, two dollars; (b) Of tortoise shell or ivory, N. W., kilo, five dollars; (c) Others; shall be classified for duty according to their component material. PHILIPPINE ISLANDS. 195 340. Trinkets and ornaments of all kinds, except those of gold or silver, or of gold and silver plate, or in which the predominant substance is amber, jet, tortoise shell, coral, ivory, meerschaum, mother-of-pearl, horn, bone, whalebone, celluloid or compositions imitating any of the materials herein mentioned, N. W., kilo, one dollar and twenty-five cents. 341. Amber, jet, tortoise shell, coral, ivory; meershaum, mother-of-pearl: (a) Unwrought, N. W., kilo, one dollar; (b) Wrought, N. W., kilo, three dollars and fifty cents. 342. Horn, bone, whalebone, or celluloid, also compositions imitating these or those of the preceding nunmber: (a) Unwrought, N. W., kilo, sixty cents; (b) Wrought, N. W., kilo, one dollar and fifty cents. 343. Walking sticks and sticks for umbrellas and parasols, and sword sticks, including the sword, per one hundred, four dollars: Provided, That none of the articles classified under this paragraph shall pay a less rate of duty than twenty per centum ad valorem. 344. Hair, human, manufactured into articles of all kinds, or any shape, N. W., hectog, fifty cents. Buttons. 345. Buttons: (a) Bone, porcelain, composition, wood, steel, iron, and similar materials, N. W., kilo, twenty cents; (b) Rubber, copper and its alloys, N. W., kilo, fifty cents; (c) Mother-of-pearl and others not specially provided for, except of gold or silver, or gold or silver plated, N. W., kilo, one dollar. 346. Cartridges with or without projectiles or bullets, also primers and caps for such arms, N. W., kilo, fifteen cents. 347. Tarpaulins, coated with sand for vans, N. W., one hundred kilos, twenty cents. 348. Paper, felt, or other textile, prepared or coated with tar, pitch, or other substances, for roofs and structural purposes, G. W., one hundred kilos, thirty cents. 349. Oilcloths: Olicloths. (a) For floors and packing purposes, N. W., one hundred kilos, three dollars; (b) For wearing apparel, unmanufactured, N. W., one hundred kilos, three dollars; (c) Manufactured into wearing apparel, N. W., one hundred kilos, six dollars; (d) Other, including linoleum, N. W., one hundred kilos, five dollars. 196 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 350. Artificial flowers of all kinds, also artificial fruits, seeds, pistils, or buds of any material for the manufacture of flowers, N. W., kilo, two dollars and fifty cents. 351. Matches of wax, wood, or cardboard, N. W., kilo, twenty cents. 352. Caoutchouc and gutta-percha manufactured into any kind of articles not specially provided for: (a) Rubber, pure or with cloth or wire insertions for machinery packing, including gaskets and washers, N. W., kilo, three cents; (b) Hard rubber articles, not specially provided for, N. W., kilo, fifty cents; (c) Boots and shoes of rubber, N. W., kilo, twenty-five cents; (d) All other articles, including rubber in sheets other than packing, N. W., kilo, twenty cents; (e) Hose and belting of all descriptions into which rubber enters as a component material, N. W., kilo, ten cents. Toys, etc. 353. Games and toys, except those of gold or silver, or of gold or silver plate, or of the materials mentioned in paragraphs two hundred and forty-one and two hundred and forty-two, N. W., kilo, ten cents: Proviso. Provided, That none of the articles classified unMinimum. der this paragraph shall pay a less rate of duty than twenty-five per centum ad valorem. Umbrellas. 354. Umbrellas and parasols: (a) Covered with paper, eight cents each; (b) Covered with silk, fifty cents each; (c) Covered with other stuffs, twenty cents each. Hats. 355. Hats and bonnets and crowns for same, of straw: (a) Camplete, not trimmed, thirteen cents each; (b) Same, trimmed, twenty-two cents each; (c) Crowns for (untrimmed), eleven cents each. 356. The same articles of other materials: (a) Complete, not trimmed, six cents each; (b) Same, trimmed, twenty cents each; (c) Crowns for (untrimmed), five cents each. 357. Caps of all kinds: Caps. (a) For adults, of any material, plain, fifteen cents each; (b) For adults, embroidered or decorated, fifty cents each; (c) For children, plain, ten cents each; (d) For children, embroidered or ornamented, thirty-five cents each: Proviso. Provided, That none of the articles classified Minimum, under paragraphs three hundred and fifty-four, three hundred and fifty-five, three hundred and fifty-six, and three hundred and fifty-seven shall pay a less rate of duty than twenty per centum ad valorem. PHILIPPINE ISLANDS. 197 358. Cameras of which the lenses are not removable or Cameras, etc. adjustable; made of wood or of metal, polished or covered with leather or imitation of leather; fitted for either plates or films, or for both, twenty per centum ad valorem. 359. The same articles made of wood or metal, painted, varnished, shellacked, or plain, and otherwise, twenty per centum ad valorem. 360. Cameras with removable or adjustable lenses, not including the lenses, twenty per centum ad valorem. 361. Single lenses for photographic apparatus, twenty per centum ad valorem. 362. Combination lenses, tripods, plateholders, dry and other plates, and kodak films, twenty per centum ad valorem. 363. Tuns, pipes, casks, and other similar wooden recep- Tuns, pipes, tacles of liquids, or of articles in liquid or incasks, etc. brine, imported separately, or in use as immediate containers of imported merchandise which is not dutiable on the gross weight: (a) Such as are used as containers for olives and pickles, having a capacity not to exceed three liters, each, fifteen cents; (b) Having a capacity not to exceed ten liters, each, thirty-five cents; (c) Having a capacity not to exceed fifty liters, each, fifty cents; Cd) Having a capacity not to exceed one hundred and ten liters, each, eighty-five cents; (e) Having a capacity not to exceed two hundred and twenty liters, each, one dollar; (f) Having a capacity not to exceed four hundred and forty liters, each, one dollar and seventy-five cents; (g) Having a capacity greater than four hundred and forty liters, each, three dollars and fifty cents. 364. Tobacco: (a) In the leaf, unmanufactured, N. W., kilo, fifty Tobacco, etc. cents; (b) Manufactured, N. W., kilo, one dollar. 365. On all other goods, wares, merchandise, and effects not otherwise enumerated or provided for, except crude materials, twenty-five per centum ad valorem. 366. On crude materials not otherwise enumerated, ten per centum ad valorem. ARTICLES FREE OF DUTY. Free list. 367. -Trees, shoots, and plants. 368. Moss in a natural or fresh state. 369. Copper, gold, and silver ores. 3449-07 — 15 198 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Commercia samples. Provi8os. Identifica tion. Time limit. Consignment 1370. Ordinary and usual commercial samples, imported by bona fide commercial travelers, after examination by the customs authorities and upon the filing of a bond with security satisfactory to the collector of customs for the exportation of said samples within three months after their date of importation: Provided, That said samples shall be positively identified by the customs authorities before exportation, and that their appraised value shall not exceed two thousand dollars in any one case: And provided further, That the period of three months allowed'for their exportation may be extended in the discretion of the collector of customs for a further period not to exceed three months, upon application being made to him in writing before the expiration of the original period. In the case of any consignment of bona fide commercial samples the appraised value of which exceeds two thousand dollars, the owner may select any portion thereof up to two thousand dollars in appraised value for entry under the above provisions of this paragraph, and the remainder of the consignment shall be entered in bond or for duty, as in the case of regular importations. (a) All samples of the kind, in such quantity, and of such dimensions or construction as to render them unsalable or of no appreciable commercial value. '371. Articles of the growth, produce, and manufacture of the Philippine Islands exported to a foreign country and returned without having been advanced in value or improved in condition by any process of manufacture or other means, and upon.which no drawback or bounty has been allowed. 372. Gold, silver, and platinum, in broken-up jewelry or table services, bars, sheets, coins, pieces, dust, and scraps. 373. Gold, silver, and platinum, in articles manufactured and stamped in the Philippine Islands. 374. Fresh fruits. 375. Fresh garden produce. 376. Fresh meat, except poultry and game; also ice. 377. Fresh eggs. 378. Fresh milk. 379. Diamonds and other precious stones in the rough, unmounted. 380. Hand paintings in oil, water color, or pastel, and pen and ink drawings intended for use as works of art, and not as a part of decoration of any other merchandise, nor for use in the manufactures and industrial arts and sciences; also family photographs, paintings, crayons, and other pictures of the members of a person's family. Return of ex ported articles. e I! PHILIPPINE ISLANDS. 199 381. Lithographs, posters, calendars, and folders for advertising purposes only, having no commercial value and designed for free public distribution. 382. (a) Spanish scientific, literary, and artistic works, not subversive of public order, imported under provisions of article thirteen of the treaty between Spain and the United States signed at Paris on the tenth day of December, eighteen hundred and ninety eight; (b) Public magazines, reviews, newspapers, and like published periodicals, Bibles, and schoolbooks; but complete books published in parts and not otherwise entitled to free entry shall not be classified under this paragraph. 383. Manures, natural. 384. Quinine, sulphate and bisulphate of, and all alkaloids or salts of cinchona bark, in pills or otherwise. ARTICLES FREE OF DUTY, SUBJECT TO CONDITIONS. 385. Supplies imported by the United States Government Free-list artifor its use or that of its subordinate branches, or condltnubjesc by the insular government for its use or that of its subordinate branches. 386. Wearing apparel, toilet objects and articles for per- Travelers' sonal use, bed and table linen, books, portable tools and instruments, theatrical costumes, jewels, and table services bearing evident signs of having been used, imported by travelers in their luggage in quantities proportionate to their profession and position. (a) Wearing apparel, and toilet objects for personal use, brought by citizens or inhabitants of the Philippine Islands in their personal luggage in quantities proportionate to their profession and position; also bed and table linen, books, portable tools and instruments, jewels, and table service, brought in the luggage of citizens or inhabitants of the Philippine Islands, which are their personal property and not for barter or sale and which have been used by such persons in the Philippine Islands and exported therefrom under conditions to be prescribed by the collector of customs. The customs authorities may exact a bond for the exportation of these articles when deemed necessary by them. 387. Works of fine art destined for public museums, galleries, or art schools; when due proof is given as to their destination. 200 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. 388. Archaeological and numismatical objects for public museums, academies, and scientific and artistic corporations, on proof of their destination. 389. Specimens and collections of mineralogy, botany, zoology, and ethnology, and small models for public museums, public schools, academies, and scientific and artistic corporations, on proof of their destination. 390. (a) Philosophical, historical, economic, and scientific books, apparatus, utensils, instruments, and preparations, including packing, packages, and receptacles thereof, specially imported in good faith and for the use and by the order of any society or institution incorporated or established solely for philosophical, educational, scientific, or literary purposes, or for the encouragement of the fine arts, or for the use and by order of any 'college, academy, school, or seminary of learning in the Philippine Islands, or of any public library, and not for sale or hire, subject to such regulations as may be prescribed by the collector of customs of the islands; and the provisions of this paragraph in respect to books shall apply also to any individual importing not exceeding two copies of any one work for his own use and not for sale or hire. (b) Books and music in raised print, used exclusively by the blind. ance with reg- If the regulations in each case are not complied ulations. with, or if the examination is not entirely satisfactory, the exemption shall be annulled, and the duties stipulated in the tariff shall be collected. Temporary ARTICLES FREE OF DUTY SUBJECT TO TIE FORMALITIES PRESmportations. SCRIBED IN EACH CASE BY THE CUSTOMIS AUTHORITIES. 0 n Casks, etc. 391. Casks, sacks, and large metal receptacles in use as immediate containers of dutiable imported commodities, when such receptacles are to be reexported. Crcus ep.392. Carriages, trained animals, portable theaters, circus nents. equipments, panoramas, wax figures, and other similar objects for public entertainment, imported temporarily. uniture.o d 393. Used household furniture of persons coming to settle in the Philippine Islands, including such articles, effects, and furnishings as pictures, books, pianos, organs, chinaware, and kitchen utensils, in quantities and of the class suitable to the rank and position of the persons bringing the same and intended for their own use and benefit and not for barter or f PHILIPPTNE ISLANDS. 201 sale: Provided, That they have all been used by rovisos. said persons for more than one year; that they are m ore than a brought within a reasonable time after the arrival year. of the owners, in the discretion of the collector of customs: And provided further, That satisfactory Restrictions. evidence be produced that such persons are actually coining to settle in the Philippine Islands; that the change of residence is bona fide, and that the privilege of free entry under this paragraph has never been previously granted to them: And provided Exceptions. further, That if such persons are coming. to the Philippine Islands from the United States and are citizens thereof, the period of one year specified in the first proviso of this paragraph shall not be effective. Officers of the United States Army, Navy, and Marine Corps and religious missionaries taking stations in the islands shall be given the same privileges granted to other persons in this article: And provided further, That all articles of professional fersonal e fequipment, wearing apparel, and household goods s t a t e s Army belonging to officers of the United States Army, offlcers, etc. Navy, and Marine Corps, officers of the Philippine government, and religious missionaries who are citizens of the United States, imported from the United States for their personal use and benefit and not for barter or sale, may be entered free of duty on the personal certificate of such person that they fulfill the above conditions: Provided, how- United States Government ever, That United States Government vessels, vessels. whether transports of the Army or naval vessels, Inspection. when coming from the United States or a foreign port to the ports of the Philippine Islands, shall be subject to the same inspection by customs officers of the Philippine government, for the purpose of determining whether they have on board articles or merchandise dutiable under the laws of the Philippine Islands, as such United States Government vessels are subject to by customs officers of the United States Government when such vessels enter ports of the United States from foreign countries for the purpose of determining whether such vessels have on board articles or merchandise dutiable under the laws of the United States. (b) Vessels for communion or other sacred pur- Articles f or poses, vestments, relics, jewels, candela- pose1.e s. r bra, and other articles belonging to any church and used solely for religious ceremonial purposes in and about an altar of a church, or worn by priests or ministers of religion, for such purposes, if such articles were in the Philippines Islands, and were removed therefrom before July first, nineteen hundred and two, to avoid the danger 202 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of robbery or depredation; but such articles are to be admitted without duty only after the governor-general shall be satisfied by evidence produced that the articles presented for admission free are within the foregoing description and shall certify the fact to the collector of customs for the Philippine Islands. Exhibits, etc. 394. Foreign articles destined to exhibitions held in the Philippine Islands, under such rules, regulations, and conditions as may be prescribed by the Philippine Commission. 395. Submarine telegraph cables. 396. Pumps, intended for the salvage of vessels, imported temporarily. 397. Parts of machinery, pieces of metal, and wood imported for the repair of foreign vessels which have entered ports of the Philippine Islands through stress of weather. EXPORT, DUTIES. Rates of ex- SEC. 13. That on the following products of the Philrt duties on ippine Islands, when exported therefrom, there shall be I llIpplne p In e ppi products. levied and collected on the gross weight thereof export duties as follows: 398. Abaca, raw or wrought hemp, one hundred kilos, seventy-five cents. 399. Indigo, one hundred kilos, twenty-five cents. 400. Indigo employed for dyeing (" tintarron'), one hundred kilos, two and one-half cents. 401. Sugar, one hundred kilos, five cents. * 402. Cocoanuts, fresh and dried (copra), one hundred kilos, ten cents. 403. Tobacco, manufactured, of all kinds and whatever origin, one hundred kilos, one dollar and fifty cents. 404. Tobacco, raw, grown in the provinces of Cagayan, Isabela, and Nueva Vizcaya (Luzon Island), one hundred kilos, one dollar and fifty cents. 405. Tobacco, raw, grown in the Visayas and Mindanao, Island, one hundred kilos, one dollar. 406. Tobacco, raw, grown in other provinces of the archipelago, one hundred kilos, seventy-five cents. Certificates of origin of raw tobacco may be required by the customs authorities when proof of the place of production is necessary: Proviso. Provided, That the rates of duty levied, colepeoductioes lected, and paid upon products of the Philippine when Imported Islands coming into the United States shall be less Into United states. any export duty or taxes levied, collected, and paid *Amended, see note, page 208. PHILIPPINE ISLANDS. 203 thereon upon the shipment thereof from the Philippine Islands, under such rules and regulations as the Secretary of the Treasury may prescribe; but all articles the growth and product of the Philippine Islands admitted into the ports of the United States free of duty, and coming directly from said islands to the United States, for use and consumption therein, shall be exempt from any export duties imposed in the Philippine Islands. TONNAGE DUES. SEC. 14. That at all ports or places in the Philippine To n n a ge Islands there shall be levied the following.navigation and dues. port charges: On the entry of a vessel from a port or place not in the Philippine Islands a duty of six cents per ton, not to exceed thirty cents per net ton per annum, as expressed in her national certificate of registry. On the entry of a vessel from a port or place not in the Philippine Islands lading or discharging cargo which is less than the net tonnage of the vessel, dues of twenty cents per thousand kilograms may be imposed, at the option of the master or consignor or consignee of the cargo, in lieu of the tonnage tax above prescribed. On the entry of a vessel only to discharge or take on board passengers and their baggage, the tonnage tax above prescribed shall not be imposed. SEC. 15. That the following shall be exempt from ton- Exemptions. nage dues: A vessel belonging to or employed in the service of the Government of the United States. A vessel of a foreign government not engaged in trade. A vessel in distress. A yacht belonging to an organized yacht club of the United States or of a foreign nation which imposes no tonnage or equivalent taxes on American yachts. WHARF CHARGES. SEC. 16. That there shall be levied and collected upon w h a r f goods of all kinds exported through the ports of entry honaexprts. of the Philippine Islands a duty of seventy-five cents per gross ton of one thousand kilos, as a charge for wharfage and for harbor dues, whatever be the port of destination or nationality of the exporting vessel. SEC. 17. That merchandise imported, exported, or Exemptions. shipped in transit for the use of the Government of the United States or of that of the Philippine Islands, including coal, shall be exempt from wharf charges. 204 LAWS RELATING 0TO INSULAR AND MILITARY AFFAIRS. REIMPORTATION OF INSULAR PRODUCTS. ti Phirta- SEC. 18. That goods, fruits, and articles of the Philippine products pine Islands exported abroad and reimported, owing to exempt from duty. tromheir not having been sold at the place of destination, oriso ate shall be exempt from the payment of duty: Provided, required. always, That they are inclosed in the same packages and bear the same marks, and that they are accompanied by certificates of the consular officer, or, if there be none, of the local authority, stating that the goods, produce, or effects of the country are reimported for the above-stated reason. Ab a ca ex- Abaca, raw, is exempt from the production of the aforempt. said certificate. Additional SEC. 19. That the following articles may likewise be articles.. imported free of duty: (a) Paintings which are works of art, and have been exported with a custom-house certificate, provided that their identity is established to the satisfaction of the customs authorities. (b) Books, when, on their exportation, the number of the copies, the title of the work, and the name of the publisher have been stated in the export certificate. (c) Copper coins returned from foreign countries, if, on examination, it appears that they have been coined legitimately. (d) Articles returned from foreign exhibitions. (e) Articles of the Philippine Islands returned from foreign countries, the entry of which was prohibited at the place of destination. Repeal of ex- SEC. 20. That all existing decrees, laws, regulations, or tsting decrees, orders, so far as the same are inconsistent with the provisions of this Act, and the tariff and duties, rules and regulations hereby enacted, are to that extent repealed, such repeal to take effect at the time when said tariff and Proviso. duties shall go into force and effect: Provided, That nothAnte, p ing in this Act shall be construed to repeal or modify any of the provisions of an Act relating to the Philippine Islands approved Februarysixth, nineteen hundred and five. Prior acts Nothing in this section contained shall in any way not afected. affect any legal proceeding that has been or may be lawfully commenced at any time by reason of any act or omission done or committed before the date upon which this Act goes into force and effect. SEC. 21. That the index and repertory hereto attached are not an integral part of the tariff law and shall not be construed to alter or change the same in any way. Consular in- SEC. 22. That the entry of all importations at the ports voes of the Philippine Islands made subsequent to a period of sixty days from the date this revised tariff goes into force and effect, of goods, wares, and merchandise from countries other than the United States, when the value of such importation exceeds one hundred dollars, shall be accom PHILIPPINE ISLANDS. 205 panied by a consular invoice similar to that required for goods imported into the United States from foreign countries and executed as required for importations into the United States; and when brought into the Philippine Islands from the United States, such importations shall be accompanied by an invoice similar in form to the consular invoices required for importations into the United States, but in lieu of execution by a consul of the United States, such invoices shall be sworn to before a United States commissioner, collector of customs, or deputy collector of customs. SEC. 23. That where imported materials on which Drawbacks on imported duties have been paid are used in the manufacture or pro- materials if exduction of articles manufactured or produced in the Phil- ported. ippine Islands, there shall be allowed on the exportation of such articles a drawback equal in amount to the duties paid on the materials used, less one per centum of such duties: Provided, That when the articles exported are Proieos. Articles made made in part from domestic materials the imported ma- in part of doterials, or the parts of the articles made from such ma- 'estic materiterials, shall so appear in the completed articles that the quantity or measure thereof may be ascertained: And provided further, That the drawback on any article Ex s t i n g llowed under existing law shall be continued at the rate continue t herein provided. That the imported materials used in Payment o f drawbacks. the manufacture or production of articles entitled to drawback of customs duties when exported shall, in all cases where drawback of duties paid on such materials is claimed, be identified, the quantity of such materials used and the amount of duties paid thereon shall be ascertained, the facts of the manufacture or production of such articles in the Philippine Islands and their exportation therefrom shall be determined, and the drawback due thereon shall be paid to the manufacturer, producer, or exporter, to the agent of either or to the person to whom such manufacturer, producer, exporter, or agent shall in writing order such drawback paid, under such regulations as the governor-general shall prescribe. SEC. 24. That this Act shall be known and referred to Title of act. as the Philippine tariff revision law of nineteen hundred and five. SEC. 25. That this Act shall take effect sixty days after Effect. its passage. NOTE. [PUBLIC-NO. 27.] AN ACT To amend an Act entitled "An Act to revise and amend the tariff laws of the Philippine Islands, and for other purposes," approved March third, nineteen hundred and five. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to revise and amend the tariff laws of the Philippine Islands, and for other purposes," approved March third, nineteen hundred and five, be, and is hereby, amended as follows: Under " Class IV, cotton and its manufactures, group three, textiles," Rule B and paragraphs one hundred and seventeen, one hundred and eighteen, one hundred and nineteen, one hundred and 206 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. twenty, and one hundred and twenty-three of said Act are hereby amended to read as follows: "Rule B. Articles included in this group, which are within the undermentioned conditions, shall be liable to the following surtaxes (see rules two to twelve, inclusive): " (a) Textile broches, or woven like brocades with silk or floss silk, shall be liable to the duties leviable thereon, plus a surtax of fifteen per centum. " (b) Textiles embroidered by hand or by machine after weaving or with application of trimmings shall be liable to the duties leviable thereon, plus a surtax of thirty per centum. " Should the embroidery contain threads, purl, or spangles of common metal or of silver the surtax shall amount to sixty per centum of the duties applicable to the textile. " When the threads, purl, or spangles are of gold the surtax shall be one hundred per centunl. " (c) Textiles and trimmings containing threads or purl of common metals or silver shall be liable to a surtax of fifty per centum of the duties leviable thereon. " When the threads or purl are of gold the surtax shall amount to one hundred per centum. "(d) Textiles entirely or partially made up into sacks shall be liable to the duties applicable thereto, plus a surtax of fifteen per centum. "Shawls called 'mantones' and 'panalones,' traveling rugs, sarongs, patadeones, counterpanes, sheets, towels, tablecloths and napkins, mantles, veils, shawls, hemmed fichus and handkerchiefs shall, for the making up, be liable to a surtax of thirty per centum of the duties leviable thereon. "Other made-up articles, wearing apparel and clothing of all kinds, except corsets and the articles provided for in paragraph one hundred and twenty-five, finished, half finished, cut, or simply basted, shall, for their total weight, be liable to the duties leviable on the principal component textile on their most visible exterior part, plus a surtax of one hundred per centum. "Textiles having a false selvage, on either one or both sides, shall be considered as goods improved in condition, and shall be liable, as the textile, to the duties leviable thereon, plus an additional surtax of one hundred per centum. This provision applies to all cotton fabrics. NOTE.-By a false selvage shall be understood an edge obtained by cutting, ripping, tearing, or otherwise splitting the textile in the direction of the warp. "117. Textiles, plain and without figures, napped or not, weighing ten kilos or more per one hundred square meters, unbleached, bleached, or dyed; and "Textiles, plain or without figures, stamped or printed, napped or not, measuring not over sixty-five centimeters in width, weighing eight kilos or more per one hundred square meters; and "Textiles, plain and without figures, not stamped or printed, whatever be their width, weighing eight kilos or more per one hundred square meters, having"(a) Up to eighteen threads, N. W., kilo, ten cents. " (b) From nineteen to thirty-one threads, N. W., kilo, fourteen cents. " (c) From thirty-two to thirty-four threads, N. W., kilo, eighteen cents. " (d) From thirty-five to thirty-eight threads, N. W., kilo, twenty-four cents. "(e) From thirty-nine to fourty-four threads, N. W., kilo twenty-eight cents. "(f) Forty-five threads or more, N. W., kilo, thirty-two cents. "(g) The same textiles, stamped, printed, or manufactured with dyed yarns, dutiable as the textile, with a surtax of thirty per centum. NoTE.-Textlles woven with a colored yarn on the selvage or with a colored selvage stripe not exceeding two millimeters in width shall not be considered as manufactured with dyed yarns. PHILIPPINE ISLANDS. 207 "118. Other textiles, plain and without figures, napped or not, weighing less than ten kilos per one hundred square meters, unbleached, bleached, or dyed, having"(a) Up to eighteen threads, N. W., kilo, eighteen cents. "(b) From nineteen to thirty-one threads, N. W., kilo, twentyseven cents. "(c) From thirty-two to thirty-four threads, N. W., kilo, thirtytwo cents. "(d) From thirty-five to thirty-eight threads, N. W., kilo, thirtysix cents. "(e) From thirty-nine to forty-four threads, N. W., kilo, forty cents. "(f) Forty-five threads or more, N. W., kilo, fifty cents. "(g) The same textiles, stamped, printed, or manufactured with dyed yarns, dutiable as the textile, with a surtax of forty per centum. " 119. Textiles, twilled or figured on the loom, napped or not, weighing ten kilos or more per one hundred square meters, unbleached, bleached, or dyed, having"(a) Up to eighteen threads, N. W., kilo, fourteen cents. "(b) From nineteen to thirty-one threads, N. W., kilo, eighteen cents. "(c) From thirty-two to thiry-four threads, N. W., kilo, twentytwo cents. " (d) From thirty-five to thirty-eight threads, N. W., kilo, twentysix cents. "(e) From thirty-nine to forty-four threads, N. W., kilo, thirty cents. "(f) Forty-five threads or more, N. W., kilo, thirty-eight cents. "(g) The same textiles, stamped, printed, or manufactured with dyed yarns, dutiable as the textile, with a surtax of thirty pel centum. - NOTE.-Textiles woven with a colored yarn on the selvage or with a colored selvage stripe not exceeding two millimeters in width shall not be considered as manufactured with dyed yarn. " 120. Textiles, twilled or figured on the loom, napped or not, weighing less than ten kilos per one hundred square meters, unbleached, bleached, or dyed, having"(a) Up to eighteen threads, N. W., kilo, twenty cents. "(b) From nineteen to thirty-one threads, N. W., kilo. twentynine ceits. "(c) From thirty-two to thirty-four threads, N. W., kilo, thirtyeight cents. "(d) From thirty-five to thirty-eight threads, N. W., kilo, fortyfour cents. "(e) From thirty-nine to forty-four threads, N. W., kilo, fifty cents. "(f) Forty-five threads or more, N. W., kilo, fifty-eight cents. "(g) The same textiles, stamped, printed, or manufactured with dyed yarns, dutiable as the textile, with a surtax of forty per centum. " 123. Carded textiles, in blankets and other articles: "(a) Unbleached, half bleached, or manufactured with dyed. yarns, where the number of dyed yarn threads, counted in the warp and weft, does not exceed one-fifth of the total number of threads composing the textile, N. W., kilo, eight cents. "(b) Bleached, dyed in the piece, or manufactured with dyed yarns where the number of dyed yarn threads, counted in the warp and weft, does not exceed one-half of the total number of threads composing the textile, N. W., kilo, fourteen cents. "(c) Stamped, printed, or manufactured with dyed yarns, where the number of dyed yarn threads exceeds one-half of the total number of threads composing the textile, N. W., kilo twenty cents." NOTE.-Blankets, single or in pairs, hemmed or bound, shall be liable to a surtax of thirty per centum of the duties leviable thereon. 208 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. SEC. 2. That paragraphs two hundred and twenty-three and two hundred and twenty-five of said Act are hereby amended to read as follows: "223. Shoes or gaiters of calfskin, kid, and similar leather, with elastic or buttons or for lacing: "(a) For men, size numbered five and one-half or larger, per pair, thirty cents; "(b) For boys, smaller than size numbered five and one-half, per pair, twenty cents; "(c) For women, size numbered two and one-half or larger, per pair, twenty-five cents; "(d) For girls, smaller than size numbered two and one-half, per pair, twenty cents; "(e) For babies. per pair, five cents. "225. Other boots arnd shoes, fancy, per pair, fifty cents. "Other boots and shoes not specifically provided for, "(a) For men, size numbered five and one-half or larger, per pair, thirty cents; "(b) For boys, smaller than size numbered five and one-half, per pair, twenty cents; "(c) For women, size numbered two and one-half or larger, per pair, twenty-five cents; "(d) For girls, smaller than size numbered two and one-half, per pair, twenty cents; "(e) For babies, per pair, five cents." SEc. 3. That paragraph four hundred and two of said Act is hereby almended to read as follows: " 402. Copra, fresh or dried, one hundred kilos, ten cents." SEC. 4. That all nerchandise actually in transit, or in any bonded warehouse of the Philippine Islands, at the time of the passa:ge of this Act, may, for a1 period of sixty days thereafter, be entered at the rate of duty provided by law existing prior to the )passage of this Act. Approved, February 26, 1906. Mar. 3, 1905. CHAP. 1481.-An Act Making appropriations for the naval [H. R. 18467.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. ald six, and for other purposes. 33 Stats. L., (Naval Station, Cavite, P. I.; Naval Station, Olongapo, pt. 1, p. 1092. p. I.; For repairs of barracks, Marine Corps, P. I., See pp. 69-71.) Mar. 3, 1905. CHAP. 1483.-An Act making appropriations for sundry civil [H. R. 18969.] expenses of the Government for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and six, and for other purposes. 33 tt L., (Bringing home remains of officers, soldiers, and civilpt. 1, p. 1156. ian employees of the Army; Arrears and allowances of officers and men. See p. 72.) PORTO RICO. FIFTY-EIGHTH CONGRESS, SECOND SESSION. Mar. 12, 1904. CHAP. 543.-An Act Making appropriations for the diplo- [H. R. 11287.1 matic and consular service for the fiscal yeatr ending June thir- [Iublic. No. tieth, nineteen hundred and five. 48.] 33 Stats. L., (Relief and protection of American seamen. See p. pt. 1, p. 67. 215.) CHAP. 716.-An Act Making appropriations for the legislative, Mar. 18, 1i04. executive, and judicial expenses of the (Government for the fisctal year ending June thirtieth, nineteen hundred and five, and for [Public, No. 57.] other purposes. 33 Stats. L., Be it enacted by the Senate and House of Representa- pt 1, p. 85. Legisl ativ e, tives of the United States of America in Congress assent- executive, and bled, That the following sums be, and the same are hereby, judical approappropriated, out of any'money in the Treasury not otherwise appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and five, for the objects hereinafter expressed, namely: * * * Hi: * GOVERNMENT IN THE TERRITORIES * * *. * * * * * TERRITORY OF PORTO RICO: For salary of the resident commissioner from Porto Rico to the United States, authorized by the Act temporarily to provide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars; for traveling expenses, one hundred and thirty-four dollars and fifty cents; in all, five thousand one hundred and thirty-four dollars and fifty cents. * * * * * Apr. 23, 1904. CHAP. 1485. An Act making appropriation for the support of [Hr. R 10670.] the Army for the fiscal year ending June thirtieth, nineteen hun- [Pub dred and five, and for other purposes. 149o. (Contract surgeons may assign or transfer their pay pt. l, t. 259. accounts; Porto Rico Provisional Regiment. See pp. 54, 55.) 209 210 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Apr. 23, 1904. CHAP. 1486.-An Act Mlaking appropriations for the Depart[H. R. 11825.] nment of Agriculture for the fiscal year ending June thirtieth, [Public, No. nianeteen hundred and five. 33Stts., (Agriculftural Expcri me-at statwuis, Porto Rico. See pt. 1, p. 276. PI 218.) A 27, 1904. CHAP. 1622.-Ail Act M1aking appropriations for the naval i Li. R. 121220.] se~rvice for the fiscal year ending June thirtieth, nineteen hundred [Public. No. and five, and for other purposes. 181tat.]L 33 Stats. 32., (Naval station, San Jutan, Porto Rico; Repairs of barpt.k 1, Sep.p. 324.' rak _adquarters, Marine Corps. Sep.5,6. Apr. 27. 1904. CHAP. 1630.-An Act Making appropriations to supply de[H R. 15054.] ficiencies in the appropriation for the fiscal year ending June [Public, No. thirtieth, nineteen hundred and four, and for prior years, and for 189.] other purposes. 33 Stats. L., p t. 1, p. 3 94. (Chinese exclusion, lawrsreenacted. See p. 219.) Apr. 2-8, 1904. CHAP. 1762.-Ani Act MNaking appropi~iations, for sundry civil [H.R. 441.]expenses of the Government for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and five, and for other purposes. 33 Stats. L., Be it enacted by the Senate and Hoquse of Representapt.1,. 42.tives of the United States of America in Congress asseinSundry civil bled, That tile following sums be, and the same are hereby, propriations. - appropriated, for tile objects hereinafter expressed, for tile fiscal year ending June thirtieth, nifteteen Ihundred and five, namely: UNDER THE TREASURY I)EPARTMENT. QUARA,)NTINE STATIONS. San Juan, SnJuan, Porto Rieo, quarantine stto:For lazarP. R. Sa tain etto, executive building~ laundry, and attendants' quarters, on Mirafiores Island, San Juan Harbor, twenty-three thousand five hundred dollars. (Maintenance (and. ordin-ary expenses quarantine system of Porto Rico. See p. 220.) UNDER THE DEPARTMENT OF COMMERCE & LABOR. Porto Rico. LIGHT-HOUSE ESTABLIS5WMENT. PORTo RICAN LIGHT-HOUSE SERVICE: For maintaining existing aids to navigation and to establish and main PORTO RICO. 211 tain additional day marks and beacon lights and buoys, where required on Porto Rico and adjacent islands, including purchase of land for same and the pay of officers and crews of light-house tenders and of clerks and other employees in the offices of the light-house inspector and light-house engineer and at the light-house depot, seventy-five thousand dollars. UNDER THE WAR DEPARTMENT. NATIONAL CEMETERIES. (Bringing home remains of officers, soldiers, and civilian employees of the Army. See p. 63.) RESOLUTION. [No. 7.] Joint Resolution For the transportation of Porto Fe. 12, 1904. Rican teachers to the United States and return. [II. J. R. 79.] Resolved by the Senate and House of Representatives [Pub. 7es., No. of the United States of America in Congress assembled, t33 Stats. L., That the Secretary of War be, and he is hereby, author- Porto R co. Porto Rico. ized, during the year nineteen hundred and four, at such Transportatime as requested by the governor of the island of Porto ers t o teta h Rico, to transport from the island of Porto Rico to the United tates United States and to return from the United States to Porto Rico, on one of the vessels engaged in the transport service of the United States, not to exceed six hundred of the Porto Rican teachers in the public schools of said island, and in addition thereto not to exceed twentyfive necessary attendants, such teachers and attendants to be selected by the commissioner of education of said island, for the purpose of attending the various summer schools of the universities, colleges, and other institutions of learning in the United States during said year: Pro- Proviso. Subsistence vided, That a subsistence charge of one dollar per day charge. for each day on such vessel shall be collected from each of such persons so transported; and that the Government of the United States shall not be liable for, and shall not defray, the expenses of said teachers and attendants, or of any such of them, incurred while in the United States. FIFTY-EIGHTH CONGRESS, THIRD SESSION. Feb. 3, 1905. CHAP. 297. —An Act Making appropriations for the legislative, [H. R. 15895.] executive, and judicial expenses of the Government for the fiscal [Public, No. year ending June thirtieth, nineteen hundred and six, and for 40.] other purposes. 33 Stats. L., pt. 1, p. 631. Be it enacted by the Senate and House of Representatives of the UnitedStates ofAmerica in Congressassembled, That Legislative, the following sums be, and the same are hereby, approexecutive, and judicial ex- priated, out of any money in the Treasury not otherwise penses appro- appropriated, in full compensation for the service of the fiscal year ending June thirtieth, nineteen hundred and six, for the objects hereinafter expressed, namely: * * * * * GOVERNMENT IN THE TERRITORIES. TERRITORY OF PORTO Rico: For salary of the resident commissioner from Porto Rico to the United States authorized by the Act temporarily to provide revenues and a civil government for Porto Rico, approved April twelfth, nineteen hundred, five thousand dollars; for traveling expenses, one hundred and thirty-four dollars and fifty cents; in all, five thousand one hundred and thirty-four dollars and fifty cents. Mar. 2, 1905. CHAP. 1307.-An Act Making appropriation for the support of [H. R. 17473.] the Army for the fiscal year ending June thirtieth, nineteen hun[Public, No. dred and six. 127.] 33 Stats. L., (For Porto Rico Provisional Regiment of Infantry. pt. 1, p. 827. See p. 67.) Mar. 3. 1905. CHAP. 1405.-An Act Making appropriations for the Depart[H. R. 18329.] ment of Agriculture for the fiscal year ending June thirtieth, nine[Public, No. teen hundred and six. 13.]s 33 Stats. L., (Weather bureau (and agricultural experiment station pt. 1, p. 861. i P. R. See pp. 224, 225.) Mar. 3, 1905. CHAP. 1407.-An Act Making appropriations for the diplo[H. R. 18468.] iuatic and consular service for the fiscal year ending June thirtieth, [Public, No. nineteen hundred and six. 140.] 33 Stats. L., (Relief and protection of American seamen. Seep. 225.) pt. 1, p. 915. Mar. 3, 1905. CHAP. 1447.-An Act To extend the time within which actions [H. R. 17102.] for the recovery of duties paid in Porto Rico may be brought in [Public, No. the Court of Claims under the Act of April twenty-ninth, nine180.] teen hundred and two. 33 Stats. L., pt. 1, p. 1013. (See p. 85.) Mar. 3, 1905. CHAP. 1481.-An Act Making appropriations for the naval. R. 18467.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. and six, and for other purposes. 214.] 33 Stats. L., (Naval station, San Juan, P. R.; Repairs of barracks Pt. 1, P. 1092. and quarters, P. R. See pp. 69, 71.) 212 PORTO RICO. 213 CHAP. 1482.-An Act Making appropriations for the construe- Mar. 3, 1905. tion, repair, and preservation of certain public works on rivers [H. R. 18809.] and harbors, and for other purposes. [Public, No. 215.] Be it enacted by the Senate and House of Representatives 33 Stats. L., of the UnitedStates of Anerica inCongressassembledThat pt. 1, p. 1117. the following sums of money be, and are hereby, appro- havers anrd priated, to be paid out of any money in the Treasury not priations. otherwise appropriated, to be immediately available, and to be expended under the direction of the Secretary of War and the supervision of the Chief of Engineers, for the construction, completion, repair, and preservation of the public works hereinafter named: * * * * * SEC. 9. (See p. 37.) * * * * * TERRITORY OF PORTO RICO. Harbor of San Juan, with a view of obtaining sufficient anchorage grounds, and depths, respectively, of twentyfour and thirty feet in the channels reaching thereto. Harbor at Ponce. Harbor at Mayaguez. Great Harbor, Culebra Island, with a view to providing a sufficient entrance or entrances thereto. * * * * * CHAP. 1483.-An Act Making appropriations for sundry civil Mar. 3, 1905. expenses of the Government for the fiscal year ending June thir- [H. R. 18969.] tieth, nineteen hundred and six. and for other purposes. [Public, No. 216.] Be it enacted by the Senate and House of Representatives pt33 tats L., of the United States of Americain Congress assembled, That Sundry civil the following sums be, and the same are hereby, appro- penses a p - priated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and six, namely: * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * *, * LIGHT-HOUSE ESTABLISHMENT. * * * * * PORTO RICAN LIGHT-HOUSE SERVICE: For maintaining Porto Rico. existing aids to navigation and to establish and maintain additional day marks and beacon lights and buoys, where required on Porto Rico and adjacent islands, including purchase of land for same and the pay. of officers and crews of light-house tenders and of clerks and other employees in the offices of the light-house inspector and light-house engineer and at the light-house depot, seventyfive thousand dollars. * * * * * 3449-07-.16 214 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE TREASURY DEPARTMENT. *,: * * * IISCELLANEOUS OBJECTS, TREASURY DEPARTMENT. (Quarantine service, P. R. See p. 226.) * * * * * UNDER THE WAR DEPARTMENT. * * * * * (Bringing home remains of officers, soldiers, and civilian employees of the Army. See p. 72.) Mar. 8, 1905. CHAP. 1484.-An Act Making appropriations to supply defi[H. R. 19150.] ciencies in the appropriations for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and five, and for prior years, and for other 217. ] purposes. 33 Stats. L., pt. 1, p. 1214. Be it enacted by the Senate and House of Representatives De s of the UnitedStates ofAmerica in Congressassembled, That Deflci en e t es 1 appropriations. the following sums be, and the same are hereby, appro-priated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and five, and for prior years, and for other objects hereinafter stated, namely: * * * * * DEPARTMENT OF JUSTICE. Ponce, P. R. PRIZE MONEY, PONCE, PORTO RICO: To satisfy a decree Prize money rendered by the supreme court of the District of Columbia, in the e ase of Charles H. Davis, captain, United States Navy, and others, against the Paz, Ventura, and others, one thousand five hundred dollars. * * * * * Rafael Sub- REFTTND OF FINE TO RAFAEL SmBIRA: To refund to IR e fu nd ofRafael Subira, of Ponce, Porto Rico, the sum of twenty fine to. dollars, erroneously received from him, under section fifteen of the Act of March third, nineteen hundred and three, which sum was erroneously covered into the Treasury as a navigation fine, twenty dollars. * * * * * Mar. 3, 1905. CHAP. 1576.-An Act For the relief of Adolph Spiegel, as the [H. R. 11802.] successor of the firm of Spiegel, Finkelstein and Company. [Private, No. Be it enacted by the Senate and House of Representatives 1338,I 33 Stats. L. of the United States ofAmericain Congress assembled, That Adolph Spi- the Secretary of the Treasury be, and he is hereby, authorgel. ized and directed to pay to Adolph Spiegel, as the succesPayment to. sor of the firm of Spiegel, Finkelstein and Company, the sum of four hundred and thirty-four dollars and twentythree cents, out of any money in the United States Treasury not otherwise appropriated, to refund duties erroneously assessed and charged on merchandise shipped from New York to Porto Rico to the firm of Spiegel, Finkelstein and Company after April eleventh, eighteen hundred and ninety-nine. LEGISLATION APPLICABLE TO NONCONTIGUOUS TERRITORY OF THE UNITED STATES AND TO CUBA. FIFTY-EIGHTH CONGRESS, SECOND SESSION. CHAP. 160.-An Act Making appropriations to supply urgent Feb. 18, 1904. deficiencies in the appropriations for the fiscal year ending June [H. R. 10954.] thirtieth, nineteen hundred and four, and for prior years, and for [Public, No. other purposes. 22.] 33 Stat. L., (Bringing home remains from abroad; /Naval station, pt. 1, p. 15. Cavite, P. I.; Naval station, Guantanamo, Cuba. See pp. 47, 48. CHAP. 543.-An Act Making appropriations for the diplomatic Mar. 12, 1904. and consular service for the fiscal year ending June thirtieth, [H. R. 11287.] nineteen hundred and five. [Public, No. 48.] Be it enacted by the Senate and House of Representatives 33 Stats. L., of the United States ofAmerica in Congress assembled, That pt. 1, p. 67. the following sums be, and they are hereby, severally ap- Dipl oma t ic * a n d consular propriated, in full compensation for the diplomatic and appropriations. consular service for the fiscal year ending June thirtieth, nineteen hundred and five, out of any money in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: * * * * * -— ' s SCHEDULE C. e RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign Relief of countries, and shipwrecked American seamen in the Ter- men. ritory of Alaska, in the Hawaiian Islands, Porto Rico, and the Philippine Islands, or so much thereof as may be necessary, thirty thousand dollars. * * * * * CHAP. 1253.-An Act To authorize the Government of the Apr. 13, 1904. United States to participate in celebrating the one hundredth anni- [S. 276.] versary of the exploration of the Oregon country by Captains Meri- Public, No. whether Lewis and William Clark in the years eighteen hundred 111.] and four, eighteen hundred and five, and eighteen hundred and six, 33 Stat. L,1 and for other purposes. pt. 1, p. 15. Whereas * * * Now, therefore, for the purpose of contributing to the success of said exposition and enabling our insular possessions and also oriental oceanic countries 215 216 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. to exhibit of their products and resources at said exposition, Be it enacted by the Senate and House of Representatives e m p tl on f the UnitedStates ofAmerica in Congress assembled, That importedty x all articles that shall be imported from foreign countries hibits. for the sole purpose of exhibition at said exposition upon which there shall be a tariff or customs duty shall be admitted free of the payment of duty, customs fees, or Sales. charges, under such regulations as the Secretary of the Treasury shall prescribe; but it shall be lawful at any time during the exposition to sell for delivery at the close thereof any goods or property imported for and actually on exhibition in the exposition buildings or on the grounds, subject to such regulations for the security of the revenue and for the collection of import duties as the SecProviso. retary of the Treasury may prescribe: Provided, That all Duty on articles s ol d or such articles when sold or withdrawn for consumption in withdrawn. the United States shall be subject to the duty, if any, inposed upon such articles by the revenue laws in force at the date of withdrawal, and on articles which have suffered diminution or deterioration from incidental handling and necessary exposure the duty, if paid, shall be assessed according to the appraised value at the time of fEnforcement withdrawal for consumption, and the penalties prescribed by law shall be enforced against any person guilty of any illegal sale or withdrawal. * * * * * Alaskan ex- SEC. 3. That the Secretary of the Interior is hereby hibit. authorized to aid the inhabitants of the district of Alaska in providing and maintaining an appropriate and creditable exhibit of the products and resources of said district at the said Lewis and Clark Centennial Exposition, and for that purpose he is authorized to appoint one or more persons to supervise the selection, purchase, preparation, transportation, arrangement, installation, safe-keeping, exhibition, and return of such articles as may be exhibited from said district at said exposition; and he is hereby authorized to select so much of the exhibit of the district of Alaska at the Louisiana Purchase Exposition at the city of Saint Louis, in the year nineteen hundred and four, as he may deem necessary for the purpose of making said exhibit at the Lewis and Clark Centennial Exposition, Limit of cost. and that the cost of said exhibit of said district of Alaska, including such selection, purchase, preparation, transportation, arrangement, installation, safe-keeping, exhibition, and return of the articles so exhibited shall not exceed the Appropria-sum of twenty-five thousand dollars, which sum is hereby lon. appropriated out of any money in the Treasury not otherwise appropriated. Buiadins. SEC. 4. That the Secretary of the Treasury * * * Hawaii, and and also cause to be erected a suitable building or buildh pse I s- ings on said site for the use of the district of Alaska, the Territory of Hawaii, the Philippine Islands, and also NONCONTIGUOUS TERRITORY AND CUBA. 217 oriental and oceanic countries that may desire an exhibit of their products and resources at said exposition. * * * * * * * SEC. 5. That the allotment of space for exhibitors in Allotment of the building or buildings erected under authority of this spaceAct for the use of the district of Alaska, the Territory of Hawaii, the Philippine Islands, and also for the use of oriental and oceanic countries, including the space not occupied by the Government board in the forestry and irrigation building, shall be done and performed without charge to exhibitors by the Government board authorized by section two of this Act. * * * *. * CHAP. 1403.-An Act To amend section twelve hundred and A r. 21, 1904. twenty-five of Revised Statutes, so as to provide for detail of re- TS. 1399.] tired officers of the Army and Navy to assist in military instruc- [Public, No. tion in schools. 126.] 33 Stat. L., (See p. 48.) pt. 1, p. 226. CHAP. 1407.-An Act Making appropriations for fortifications Apr. 21, 1904. and other works of defense, for the armament thereof, for the [H. R. 12446.] procurement of heavy ordnance for trial and service, and for other [Public, No. purposes. 130. ] 33 Stat. L., (Fortifications in Insulavr possessions. See p. 50.) pt. 1, p. 234. CHAP. 1485.-An Act Making appropriation for the support of Apr. 23, 1904. the Army for the fiscal year ending June thirtieth, nineteen hun- [H. R. 10670.] dred and five, and for other purposes. [Public, No. 149.] (See p. 51.) 33 Stat. L., pt. 1, p. 259. CHAP. 1486.-An Act Making appropriations for the Depart- Apr. 23, 1904. ment of Agriculture for the fiscal year ending June thirtieth, [H. R. 11825.] nineteen hundred and five. [Public, No. 150.] Be it enacted by the Senate and House of Representatives 33 Sta. L.,276 of the United States ofAmerica in Congress assembled, That pt 1, the following sums be, and they are hereby, appropriated, Depagrtmentapout of any money in the Treasury of the United States not propriations. otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and five, for the purposes and objects hereinafter expressed, namely: WEATHER BUREAU. SALARIES, WEATHER BUREAU: * * *,in the West Indies or on adjacent coasts, in the Hawaiian Islands, * * * 218 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. General e x GENERAL EXPENSES, WEATIER BUREAU: Every expendiMaintenance. ture requisite for and incident to the establishment, equipment, and maintenance of meteorlogical observation stations in the United States, in the West Indies or on adjacent coasts, in the Hawaiian Islands, BUREAU OF SOILS. * * * * * General ex- GENERAL EXPENSES, BUREAU OF SOILS: * * * to inpIn est ga-vestigate the soils and conditions of tobacco growth in tion of soils. Cuba, Sumatra, and other tobacco-competing countries; Tobacco. MISCELLANEOUS. Agricultural AGRICULTURAL EXPERIMENT STATIONS: ' * * and stations. the Secretary of Agriculture is hereby authorized to expend forty-five thousand dollars of which sum to establish and maintain agricultural experiment stations in the TerAlaska H a-ritories of Alaska, Hawaii, and Porto Rico, including the Rico.a Port erection of buildings, the printing (in Hawaii and Porto Rico), illustration, and distribution of reports and bulleProviso. tins: Provided, That not more than fifteen thousand dolLimit, etc. lars shall be expended for the maintenance of such stations in any one of said Territories; and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations, and this fund shall be available until used; * * * Apr. 27, 1904. CHAP. 1622.-An Act Making appropriations for the naval [H. R. 12220.] service for the fiscal year ending June thirtieth, nineteen hundred [Public, No. and five, and for other purposes.. 33 Stats. L., (See p. 57.) pt. 1, p. 324. Apr. 27, 1904. CHAP. 1630.-An Act Making appropriations to supply defi[H. R. 15054.] ciencies in the appropriation for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and four, and for prior years, and for 189.] other purposes. 33 Stats. L., pt. 1, p. 394. Be it enacted by the Senate and House of RepresentaDeficie n c ie s appropriations tives of the United States of America in Congress assembled, That the following sums be, and the same are hereby, appropriated, out of any money in the Treasury not otherwise appropriated, to supply deficiencies in the appropriations for the fiscal year nineteen hundred and four, and for. prior years, and for other objects hereinafter stated, namely: * * * * * NONCONTIGUOUS TERRITORY AND CUBA. 219 SEC. 5. That section one of the Act of Congress ap- Chionese e xproved April twenty-ninth, nineteen hundred and two, entitled " An Act to prohibit the coming into and to regulate the residence within the United States, its Territories, and all territory under its jurisdiction, and the District of Columbia, of Chinese and persons of Chinese descent," is hereby amended so as to read as follows: "All laws in force on the twenty-ninth day of April, Laws reenacted without nineteen hundred and two, regulating, suspending, or pro- limitation. hibiting the coming of Chinese persons or persons of Chinese descent into the United States, and the residence of such persons therein, including sections five, six, seven, eight, nine, ten, eleven, thirteen, and fourteen of the Act entitled 'An Act to prohibit the coming of Chinese laborers into the United States,' approved September thirteenth, eighteen hundred and eighty-eight, be, and the same are hereby, reenacted, extended, and continued, without modification, limitation, or condition; and said laws shall also apply to the island territory under the jurisdiction of the United States, and prohibit the immigration of Chinese laborers, not citizens of the United States, from such island territory to the mainland territory of the United States, whether in such island territory at the time of cession or not, and from one portion of the island territory of the United States to another portion of said island territory: Provided, however, That said laws shall P roiso. not apply to the transit of Chinese laborers from one mitted in n - s u la r possesisland to another island of the same group; and any sions. pse islands within the jurisdiction of any State or the District of Alaska shall be considered a part of the mainland under this section." * * * * * NAVAL ESTABLISHMENT. * * * * * (Dry dock, Havana, Cuba;,' ilitary stores, Philippines; Repairs of barracks, Marine Corps, Guam and Philippines; Supplies, Marine Corps, Guam; Repairs and preservation at Naval Yard, Guam. See p. 62.) CHAP. 1762.-An Act Making appropriations for sundry civil Apr. 28, 1904. expenses of the Government for the fiscal year ending June thir- [H. R. 14416.1 tieth, nineteen hundred and five, and for other purposes. [Public, No. 194.1 Be it enacted by the Senate and House of Representa- 33 Stats. L., tives of the United States of America in Congress assem- pt. 1 p. 452. bled, That the following sums be, and the same are hereby, Sundry civil appropriated, for the objects hereinafter expressed, fore rns aont the fiscal year ending June thirtieth, nineteen hundred and five, namely: *. *. * 220 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. UNDER THE TREASURY DEPARTMENT. * * * * * QUARANTINE SERVICE. Maintenance. For the maintenance and ordinary expenses, including pay of officers and employees of quarantine stations at * * *quarantine system of the Hawaiian Islands, and the quarantine system of Porto Rico, * * * * * * * * UNDER THE DEPARTMENT OF COMMERCE AND LABOR. * * *, * * COAST AND GEODETIC SURVEY. S u r v e y of For every expenditure requisite for and incident to the coasts u nder f h jurisdiction ofsurvey of the coasts of the United States and of coasts United States. under the jurisdiction of the United States, including the survey of rivers to the head of tide water or ship navigation; deep-sea soundings, temperature and current observations along the coast and throughout the Gulf Stream and Japan Stream flowing off the said coasts; tidal observations; the necessary resurveys; the preparation of the Coast Pilot; continuing researches and other work relating to physical hydrography and terrestrial magnetism and the magnetic maps of the United States and adjacent waters, and the tables of magnetic declination, dip, and intensity usually accompanying them, astronomical and gravity observations; and including compensation, not otherwise appropriated for, of persons employed in the field work, in conformity with the regulations for the government of the Coast and Geodetic Survey adopted by the Secretary of Commerce and Labor; for special examinations that may be required by the Light-House Board or other proper authority; * * * * * * * * F i e 1 d e x- FOR FIELD EXPENSES: For surveys and necessary resurpenses. veys of the Atlantic and Gulf coasts of the United States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately availProviso, able, and to continue available until expended: Provided, taIland limi- That not more than twenty-five thousand dollars of this amount shall be expended on the coasts of the beforementioned outlying islands, seventy thousand dollars. Pacific coast. For surveys and necessary resurveys of the Pacific coast, including the Hawaiian Islands and Alaska and other coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to continue available until expended, one hundred and seven thousand five hundred dollars. For continuing researches in physical hydrography relating to harbors and bars, and for tidal and current NONCONTIGUOUS TERRITORY AND CUBA. 221 observations on the coasts of the United States, or other coasts under the jurisdiction of the United States, six thousand four hundred dollars. For offshore soundings and examination of reported Coast Pilot. dangers on the coasts of the United States, and of coasts under the jurisdiction of the United States, and to continue the compilation of the Coast Pilot, and to make special hydrographic examinations, and including the employment of such pilots and nautical experts in the field and office as may be necessary for the same, fifteen thousand dollars. For continuing magnetic observations and to establish Magnetic obmeridian lines in connection therewith in all parts of the servatlons. United States, and for making magnetic observations in other regions under the jurisdiction of the United States, including the purchase of additional magnetic instruments, and the lease of sites where necessary and the erection of temporary magnetic buildings; for continuing the line of exact levels between the Atlantic, Pacific, and Gulf coasts; for furnishing points to State surveys, to be Pro i n t to applied as far as practicable in States where points have not been furnished; for determinations of geographical positions, and for continuing gravity observations, fifty thousand dollars. UNDER THE DEPARTMENT OF JUSTICE. MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * * * * INSULAR AND TERRITORIAL AFFAIRS: For defraying the Insular; etc., necessary expenses incurred in the conduct of insular and affairsother territorial matters and affairs within the jurisdiction of the Department of Justice, including the payment of necessary employees at the seat of government or elsewhere, to be selected and their compensation fixed by the Attorney-General, and to be expended under his direction, twenty-five thousand dollars: Provided, That Proviso. estimates under this appropriation shall hereafter be msut.r estisubmitted under Legislative, Executive and Judicial expenses UNDER THE WAR DEPARTMENT. NATIONAL CEMETERIES. * * * * * (Bringing home the remains of officers and soldiers who die abroad and civil employees of the Army who die abrroad and soldiers who die on transports. See p. 63.) * $ * * FIFTY-EIGHTH CONGRESS, THIRD SESSION. Feb. 8, 1905. CHAP. 550.-An Act To amend the Act of February eighth, eighteen hundred and ninety-seven, entitled "An Act to prevent [Public, No. the carrying of obscene literature and articles designed for inde33 Stats L cent and immoral use from one State or Territory into another pt. 1, p. 705. State or Territory," so as to prevent the importation and exportation of the same. Be it enacted by the Senate and Hobuse of Representatives of the United States of America in Congress assemObscene liter- bled, That the Act of February eighth, eighteen hundred and ninety-seven, entitled "An Act to prevent the carrying of obscene literature and articles designed for indecent and immoral use from one State or Territory into another State or Territory," be, and hereby is, amended so as to read: exreding by c "It shall be unlawful for any person to deposit with panies, etc., un-any express company or other common carrier for carlawful. riage from one State or Territory of the United States or the District of Columbia into any other State or Territory of the United States or the District of Columbia, or from any place in or subject to the jurisdiction of the Prove s ~ns United States to a foreign country, or from any place in extended to Imports a nd ex- or subject to the jurisdiction of the United States through ports of. ports. a foreign country to any place in or subject to the jurisdiction of the United States, or who shall cause to be brought into any place in or subject to the jurisdiction of the United States from any foreign country, any obscene, lewd, or lascivious book, pamphlet, picture, paper, letter, writing, print, or other matter of indecent character, or any article or thing designed or intended for the prevention of conception, or procuring of abortion, or any written or printed card, letter, circular, book, pamphlet, advertisement, or notice of any kind giving information, directly or indirectly, where, how, or of whom, or by what means any of the hereinbefore-mentioned articles, matters, Punishmentor things may be obtained or made; and any person who of sender and m adw receiver. shall knowingly deposit, or cause to be deposited, with any express company or other common carrier for carriage from one State or Territory of the United States or the District of Columbia to any other State or Territory of the United States, or for carriage from any place in or subject to the jurisdiction of the United States to a foreign country, or from any place in or subject to the jurisdiction of the United States through any foreign country, to any 222 NONCONTIGUOUS TERRITORY AND CUBA. 223 place in or subject to the jurisdiction of the United States, or who shall take from such express company or other common carrier with intent to sell, distribute, or circulate any matter or thing herein forbidden to be deposited for carriage shall for each offense, upon conviction thereof, be fined not more than five thousand dollars or imprisoned at Penalty. hard labor not more than five years, or both, at the discretion of the court." CHAP. 720.-An Act To prevent the use of devices caluIlated to Feb. 21. 1905. convey the impression that the United StateS Government certifies [It. R. 15578.1 to the quality of gold or silver used in the arts. [Public, No. Be it enacted by the Senate and House of Representa- 33 Stats. L., tives of the United States of America in Cofrgress assem- pt. 1, p 732. bled, That it shall be unlawful for any person, partner- snited States * assay. etc. ship, association, or corporation engaged in commerce s t a m p i ng among the several States, Territories, District of Colum- wd r d s of, on bia, and possessions of the United States, or with anylawful. foreignj country, to stamp any gold, silver, or goods manufactured therefrom, and which are intended and used in such commerce, with the words " United States assay," or with any words, phrases, or devices calculated to convey the impression that the United States Government has certified to the fineness or quality of such gold or silver, or of the gold or silver contained in any of the goods manufactured therefrom. Each and every such stamp shall constitute a separate offense. SEC. 2. That every person, partnership, association, or Penalty f o r corporation violating the provisions of this Act, andvolation. every officer, director, or managing agent of such partnership, association, or corporation having knowledge of such violation and directly participating in such violation or consenting thereto, shall be deemed guilty of a misdemeanor, and, upon conviction, be punished with a fine of not more than five thousand dollars or imprisonment for not more than one year, or both, at the discretion of the court. SEC. 3. That any gold, silver, or goods manufactured Seizure, fortherefrom after the date of the passage of this Act, bearing any of the stamps, words, phrases, or devices prohibited to be used under section one hereof, and being in the course of transportation from one State to another, or to or from a Territory, the District of Columbia, or possessions of the United States, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property imported into the United States contrary to law. 224 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Mar. 2, 1905. CHAP. 1307.-An Act Making appropriation for the support of [H. R. 17473.] the Army for the fiscal year ending June thirtieth, nineteen hun[Public, No. dred and six. 127.1 33 Stats. L., (See p. 65.) pt. 1, p. 827_ Mar. 3, 1905. CHAP. 1402.-An Act Making appropriations for fortifications [H. R. 17094.1 R. ] and other works of defense, for the armament thereof, for the pro[Public, No. cureinent of heavy ordnance for trial and service, and for other 135.1 purp 33 Stats. L., rposes. pt. 1, p. 845. (Fortifications in insular possessions. See p. 68.) Mar. 3, 1905. CHAP. 1405.-An Act Making appropriations for the Depart[II. R. 18329.] ment of Agriculture for the fiscal year ending June thirtieth, ninel[Public, No. teen hundred and six. 138.] 33 Stats. L., Be it enacted by the Senate and hIouse of Representapt. 1, p. 861. pt 1 861 tices of the United States of America in Congress assemAgriculturmal led, That the following sums be, and they are hereby, propriations. appropriated, out of any money in the Treasury of the United States not otherwise appropriated, in full compensation for the fiscal year ending June thirtieth, nineteen hundred and six, for the purposes and objects hereinafter expressed namely: * * * * * WEATHER BUREAU. SALARIES, WEATHER BUREAU: * * * in the West Indies or on adjacent coasts, in the Hawaiian Islands, * * * * * General ex- GENERAL EXPENSES, WEATHER BUREAU: Every expenpenses. diture requisite for and incident to the establishment, Maintenance. equipment, and maintenance of meteorological observation stations in the United States, in the West Indies or on adjacent coasts, in the Hawaiian Islands, * * * * * * * * BUREAU OF CHEMISTRY. eLborsatory LABORATORY, DEPARTMENT OF AGRICULTURE: * ** Sugar andTo investigate the chemical composition of sugar and ing plants. starch-producing plants in the United States and its possessions, and, in collaboration with the Weather Bureau and agricultural experiment stations, to study the effects of environment upon the chemical composition of sugar and starch-producing plants., * * * * NONCONTIGUOUS TERRITORY AND CUBA. 225 BUREAU OF SOILS Tobacco SOIL INVESTIGATIONS: * * * * * * to investigate the soils and conditions of tobacco growth in Cuba, Sumatra. and other tobacco-competing countries; * * * * * OFFICE OF EXPERIMENT STATIONS. * * * * * AGRICULTURAL EXPERIMENT STATIONS: Agricultu r a I * * * and the Secretary of Agriculture is hereby au- stations. thorized to expend forty-eight thousand dollars of which sum to establish and maintain agricultural experiment stations in the Territories of Alaska, Hawaii, and Porto Alaska, i r Rico, including the erection of buildings, the printing (in Rico. Hawaii and Porto Rico), illustration, and distribution of reports and bulletins: Provided, That not more than fif- Limit. teen thousand dollars shall be expended for the maintenance of such stations in any one of said Territories, except in the case of Alaska, where three thousand dollars additional may be used for the purchase and introduction of live stock for experimental purposes; and the Secretary of Agriculture is authorized to sell such products as are obtained on the land belonging to the agricultural experiment stations in Alaska, Hawaii, and Porto Rico, and to apply the moneys received from the sale of such products to the maintenance of said stations, and this fund shall be available until used; * * * * * * * * CHAP. 1407.-An Act Making appropriations for the diplomatic Mar. 3, 1905. and consular service for the fiscal year ending June thirtieth, [H. R. 18468.] nineteen hundred and six. [Public, No. 140.] Be it enacted by the Senate and House of Representa- pt3 S31 ap1L. tives of the United States of America in Congress assembled, That the following sums be, and they are hereby, a D lmonsulmic severally appropriated, in full compensation for the diplo- appropriations. matic and consular service for the fiscal year ending June thirtieth, nineteen hundred and six, out of any monev in the Treasury not otherwise appropriated, for the objects hereinafter expressed, namely: * * * * * SCHEDULE C. RELIEF AND PROTECTION OF AMERICAN SEAMEN. Relief and protection of American seamen in foreign Relief sof countries, and shipwrecked American seamen in the Ter- men. ritory of Alaska, in the Hawaiian Islands, Porto Rico, 226 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. and the Philippine Islands, thirty thousand dollars, or so much thereof as mnay be necessary. Mar. 3, 1905. CHAP. 1481.-An Act Making appropriations for the naval [H. R. 18407.] service for the fiscal year ending June thirtieth, nineteen huni[Plublic, No. dred and six, and for other purposes. 214.] 33 Stats. L., (Naval Station, Cavite, P. 1L; Naval Station, San Juan, pt. 1, p. 1092.,Ga;NvlStIoTtia.J' N.;- Naval StationGaNvlStioTula Samoan Islands; Na?.ral Station, Olonqapo, P. I.; R epairs of barracks, Marine Corps, Alaska, Porto Rico, Hlawaii, Philippine Isl1ands, arnd Guam. See pp. 69-71.) Mar. 3. 1905. CHAP. 1483.-An Act m~aking appropriations for sundry civil [1-1. R. 18969.] eXpenses of ie U'overnmenit for the fiscal year ending June [Public, No. thirtieth, nineteeni hundred and six, and for other Ipurposes. 210]ats L., Be it cnacted by the Senate and House ofRpesna Pt. 1, P. 11,56.ofieeenticte~s of. the United States~ of America in Co'ngres8 assemSundr civi bled, That the~ following suims be, and the same a-re propriations. hereby, appropriated, for the objects hereinafter expressed, for the fiscal year ending June thirtieth, nineteen hundred and six, namely: UNDER TlHE TREASURY I)EPARTMENT. MISCELLANEOU S OBJECTrS, T'REASUJRY D)EPARTMIENT. Quarantine QUARA&NTINE SERVICE: For the maintenance and ordiservice. Maintenance, naI-ry expenses, including pay of officers and employees of (juarantine stations at*** quarantine system of the Hawaiian Islands, and tile quarantine system of Porto Rico, three hundred and forty thousand dollars. UNDER THE I)EPARTMENT OF COMMERCE AND LABOR. COAST AND GEODETIC SURVEY. Coast and For every expenditure requisite for and incident to the V~oey. SUr-survey of the coast of the United States and of coasts uinder the.jurisdiction of the United States, including S r ve yfthe survey- of rivers to the head of tide water or ship naviJurisdiction Pf gton;de-saoudings, temperature and current obUulted States. servations along the coast and throughout the G2ulf NONCONTIGUOUS TERRITORY AND CUBA. 227 Stream and Japan Stream flowing off the said coast; tidal observations; the necessary resurveys; the preparation of the Coast Pilot; continuing researches and other work Coast Pilot. relating to physical hydrography and terrestrial magnetism and the magnetic maps of the United States and adjacent waters, and the tables of magnetic declination, dip, and intensity usually accompanying them, astronomical and gravity observations; and including compensation, not otherwise appropriated for, of persons employed in the field work, in conformity with the regulations for the government of the Coast and Geodetic Survey adopted by the Secretary of Commerce and Labor; for special examinations that may be required by the LightHouse Board or other proper authority; * * * * * * * * FOR FIELD EXPENSES: For surveys and necessary re- Fi e ld exsurveys of the Atlantic and Gulf coasts of the Unitedpenses' States, including the coasts of outlying islands under the jurisdiction of the United States, to be immediately available, and to continue available until expended: Provided, Proviso. That not more than twenty-five thousand dollars of this tations. amount shall be expended on the coasts of the beforementioned outlying islands, seventy thousand dollars. For surveys and necessary resurveys of the Pacific Pacific coast. coast, including the Hawaiian Islands and Alaska and other coasts on the Pacific Ocean under the jurisdiction of the United States, to be immediately available, and to continue available until expended: Provided, That roiso.nt E mployment, this appropriation be available for the transportation to te.. of Filiand from Manila and employment in the office at Wash-pinos. ington of not to exceed three Filipinos at any one time, one hundred and seven thousand five hundred dollars. For continuing researches in physical hydrography relating to harbors and bars, and for tidal and current observations on the coasts of the United States, or other coasts under the jurisdiction of the United States, six thousand four hundred dollars. For offshore soundings and examination of reported Coast Pilot. dangers on the coasts of the United States, and of coasts under the jurisdiction of the United States, and to continue the compilation of the Coast Pilot, and to make special hydrographic examinations, and including the employment of such pilots and nautical experts in the field and offices as may be necessary for the same, fifteen thousand dollars. For continuing magnetic observations and to establish eMagneti obmeridian lines in connection therewith in all parts of the United States, and for making magnetic observations in other regions under the jurisdiction of the United States, including the purchase of additional magnetic instruments, and the lease of sites where necessary and the erection of temporary magnetic buildings; for continuing the line of exact levels between the Atlantic, Pacific, and 228 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Gulf coasts; for furnishing points to State surveys, to Sote su tobe applied as far as practicable in States where points have not been furnished; for deteriminations of geographical positions, and for continuing gravity observations, fifty thousand dollars. * * * * * UNDER THE DEPARTMENT OF JUSTICE. * * * * * MISCELLANEOUS OBJECTS, DEPARTMENT OF JUSTICE. * * * * * INSULAR AND TERRITORIAL AFFAIRS: For defraying the necessary expenses incurred in the conduct of insular and other territorial matters and affairs within the jurisInsular, etc., diction of the Department of Justice, including the payment of necessary employees at the seat of government or elsewhere, to be selected and their compensation fixed by the Attorney-General, and to be expended under his uture ei direction, twenty-five thousand dollars: Provided, That mates. estimates under this appropriation shall hereafter be submitted in detail under Legislative, Executive, and Judicial expenses. * * * * * JUDICIAL. UNITED STATES COURTS. Expenses. EXPENSES OF THE UNITED STATES COURTS: For defraying the expenses of the Supreme Court; of the circuit and district courts of the United States, including the district court in the Territory of Hawaii; of the supreme court and court of appeals of the District of Columbia; of the district court of Alaska; * * * * * * * * UNDER THE WAR DEPARTMENT. * * * * * NATIONAL CiEMETERIES. (Bringing home the remains of officers and soldiers who die abroad and civil employees of the Army who die abroad and soldiers who die on transports. See p. 72.) * * * * * Mar. 3, 1905. CHAP. 1484. —An Act Making appropriations to supply defl[H. R. 19150.] ciencies in the appropriations for the fiscal year ending June thir[Public, No. tieth, nineteen hundred and five, and for prior years, and for 217.] other purposes. 33 Stats. L., pt. 1, p. 1214. (Survey for wagon road and military trail, Alaska; Dry dock, Havana, Cuba. See p. 73.) TREATIES ANT- CONVENTIONS. Supplementary Convention between the United States and Jan. 26, 1903. Cuba extending the time within which may be ex- p33 Stats. L., changed the ratifications of the Commercial Convention signed on December 11, 1902. Signed at Washington, January 26, 1903; ratification advised by the Senate, February 16, 1903; ratified by the President, March 30, 1903; ratified by Cuba, March 30, 1903; ratifications exchanged at Washington, March 31, 1903; proclaimed December 17, 1903. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Supplementary Convention between the Preamble. United States of America and the Republic of Cuba, extending the time within which may be exchanged the ratifications of the Commercial Convention signed at Habana, December 11, 1902, was concluded and signed by their respective Plenipotentiaries at Washington, on the twentysixth day of January, one thousand nine hundred and three, the original of which Supplementary Convention, being in the English and Spanish languages, word for word as follows: The President of the United States of America and the President of the Republic of Cuba considering it expedient to prolong the period within which, by Article XI of the Commercial Convention, signed by their respective plenipotentiaries at Habana on December 11, 1902, the exchange of ratifications of the said Convention shall take place, have for that purpose appointed their respective Plenipotentiaries, namely: The President of the United States of America, John Hay, Secretary of State of the United States of America; and 3449-07-17 El Presidente de los Es- Contracting tados Unidos de America y el Presidente de la Republica de Cuba considerando conveniente ampliar el plazo dentro del cual, segun el Artfculo XI del Tratado comercial firmado por sus respectivos plenipotenciarios en la Habana, el dia 11 de Diciembre de 1902, debe tener lugar el canje de las ratificaciones del referido Tratado, han nombrado con este objeto sus respectivos Plenipotenciarios, a saber: El Presidente de los Es- Plenipdtentitados Unidos de America, i aries. John Hay, Secretario de Estado de los Estados Unidos de America; y 229 230 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The President of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary to the United States; Who, after having communicated each to the other their respective full powers which were found to be in good and due form, have agreed upon the following additional and amendatory article to be taken as a part of said Convention: SOLE ARTICLE. The respective ratifications of the said Convention shall be exchanged as soon as possible, and within two months from January 31, 1903. Done in duplicate at Washington this twentysixth day of January A. D., 1903. El Presidente de Cuba a Gonzalo de Quesada, Enviado Extraordinario y Ministro Plenipotqnciario en los Estados Unidos: Quienes, despues de haber canjeado sus respectivos plenos poderes, los que encontraron en buena y debida forma, convinieron en el siguiente Articulo adicional y de modificaci6n que sera considerado como parte de dicho Tratado: ARTICULO UNICO. Las respectivas ratificaci- Ratification ones de dicho Tratado seran time extended. cangeadas tan pronto como sea posible, y dentro de los dos meses a contar desde el dia 31 de Enero de 1903. Hecho por duplicado en Signatures. Washington, este dia veinte y seis de Enero de 1903, A.D. JOHN HAY GONZALO DE QUESADA [SEAL] [SEAL] And whereas the said Supplementary Convention has Exchange of been duly ratified on both parts, and the ratifications ofratifications. the two governments were exchanged in the City of Washington, on the thirty-first day of March, one thousand nine hundred and three; Now, therefore, be it known that I, Theodore Roosevelt, Proclam aPresident of the United States of America, have causedtion. the said Supplementary Convention to be made public, to the end that the sole article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this seven[SEAL] teenth day of December, in the year of our Lord one thousand nine hundred and three, and of the Independence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. TREATIES AND CONVENTIONS. 231 June 16, 1903. Postal convention between the United States of America 33 Stats. L., and the Republic of Cuba. pt. 2, p. 2.186. Preamble. For the purpose of making better postal arrangements between the United States of America and Cuba, the United States by Henry C. Payne, Postmaster-General of the same, thereto duly authorized by law, and Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of Cuba, at Washington, duly authorized by the President of the Republic of Cuba have agreed upon the following Articles: ARTICLE I. Articles ad- (a) Articles of every mitted to the mails. kind or nature, which are admitted to the domestic mails of either country, except as herein prohibited, shall be admitted to the mails exchanged under this Convention; subject however to such regulations as the Postal Administration of the country of destination may deem necessary to protect its customs revenues. But articles other than Articles nod letters in their usual and to be closed against inspec-ordinary form, must never tion. be closed against inspection, but must be so wrapped or enclosed that thev may be readily and thoroughly examined by Postmasters or Customs Officers. Exceptions. Except that there may be admitted to the mails exchanged between the United States and Cuba unsealed packages which contain, in sealed receptacles, articles Con objeto de mejorar los arreglos postales entre Cuba y los Estados Unidos de America, Cuba, por medio de Gonzalo de Quesada, su Enviado Extraordinario y Ministro Plenipotenciario en Waishington, d e b i d am e n t e autorizado por el Presidente de la Repuiblica ~de Cuba, y los Estados Unidos, por Henry C. Payne, Administrador General de Correos de los mismos, debidamente autorizado por ley, han convenido en los siguientes Articulos: ARTICULO I. (a) Los objetos de toda clase 6 naturaleza que se admitan en las balijas domesticas de cada pais, con excepci6n de los que aqui se prohiben, se admitiran en las balijas que se cambien conforme a esta Convenci6n; sujetos, sin embargo a los reglamentos que considere necesarios, para proteger sus rentas aduanales, la Administraci6n postal del pais de su destino. Pero los articulos que no sean cartas en su forma usual y ordinaria, nunca se cerraran a la inspeccion, sino que se cubriran 6 envolveran de modo que puedan ser facil y completamente examinados por los Administradores de Correos 6 empleados de Aduanas. Excepto 'que podran admitirse en las balijas que se cambien entre Cuba y los Estados Unidos los paquetes no sellados que contengan en receptaculos sellados, 232 LAWS RELATING TO INSULAR AND MILTTARY AFFAIRS. which cannot be safely transmitted in unsealed receptacles; provided the contents of the closed receptacles are plainly visible or are precisely stated on the covers of the closed receptacles, and that the package is so wrapped that the outer cover can be easily opened. The following articles are prohibited admission to the mails exchanged under this Convention: Articles pro- Publications which violate the copyright laws of the country of destination; packets, except single volumes of printed books, the weight of which exceeds two kilograms; liquids, poisons, explosive or inflammable substances, fatty substances, those which easily liquefy, live or dead animals (not dried), insects and reptiles, fruits and vegetables which will easily decompose and substances which exhale a bad odor, lottery tickets or circulars, all obscene and immoral articles, other articles which may destroy or in any way damage the mails or injure the persons handling them. fr o m ispec- (b) All admissible mattion. ter mailed in one country for the other, or received in one country from the other, shall be free from any detention or inspection whatever, except such as is required by the regulations of the country of destination for the collection of its customs duties; and shall in the first case be forwarded articulos que no puedan remitirse con seguridad en receptaculos no s e 11 a d o s; siempre que el contenido de dichos receptaculos cerrados este plenamente visible 6 se declare con precision en las cubiertas de los receptaiculos cerrados, y que el paquete este hecho de tal manera que la cubierta exterior pueda abrirse con facilidad. Se prohibe la admision en las balijas que se cambien, conforme a esta Convencion, de los objetos siguientes: Las publicaciones que violen las leyes sobre propriedad literaria del pais de su destino; paquetes de todas clases, exceptuando un solo libro impreso, cuyo peso exceda de dos kilogramos; los liquidos, venenos, materias explosivas 6 inflamables, las grasosas, las facilmente liquidables, animales vivos, los muertos no disecados, insectos y reptiles, frutas, vegetales que puedan descomponerse faicilmente, y sustancias que exhalen un mal olor, billetes 6 circulares de loterias, todo objeto obsceno 6 inmoral y todos los demas objetos que puedan destruir 6 de alguna manera perjudicar a las balijas 6 dafiar a las personas que las manejan. (b) Todos los objetos admitidos en las balijas en un pals y dirijidos al otro, 6 recibidos en un pals del otro, seran libres de detencion 6 inspeccion de cualquiera clase, exceptuando lo establecido por los reglamentos del pals de su destino para cobrar los derechos de importacion, y, en el primer caso, seran envia TREATIES AND CONVENTIONS. 233 by the most speedy means to its destination, and in the latter be delivered to the respective persons to whom it is addressed, being subject in its transmission to the laws and regulations of each country respectively. (c) The classification of, and the rates of postage and the registration fee to be levied and collected upon mail-matter originating in either country and addressed to the other, shall be in accordance with the domestic laws and regulations of the country of origin; provided that the rates of postage and registration fees so levied shall not exceed in either country the minimum rates of postage and registration fee prescribed for articles of a like nature, by the Articles of the Universal Postal Convention which is in force. ARTICLE II. dos por la via mas rapida y, en el seglndo, seran entregados i las personas a q u i e n e s vayan dirijidos, quedando sujetos en su trasmisi(n a las leves v reglamentos de cada pals respectivamente. (c) La clasificaci6n, el classificaporte y el derecho de certifi- toostnraetets cacion que se cobren y recallden sobre objetos trasmitidos en las balijas que se originen ell un pais y sean dirijidos al otro, seran los establecidos por las leyes y reglamentos domesticos del pals de sil origen, siempre que el porte y derecho de certificaci6n que se cobren no excedan en ninguno de los dos paises del minimum del porte y derecho certificacion prescritos para objetos de la misma naturaleza por los Articulos de la Convencion Postal Universal que este en vigpr. ARTICULO II. (a) Each Administration shall retain to its own use the whole of the postages and registration fees it collects on.postal articles exchanged with the other, including deficient postage. Consequently, there will be no postage accounts between the two countries. (b) Articles other than letters and postal cards must be prepaid at least in part. Letters and postal cards will be forwarded to the country they are addressed to, even if they absolutely lack postage. (a) Cada administraci6n Fees to be rede Correos conservara, para taied su propio uso, el total del porte y derechos de certificaci6n que recaude sobre objetos postales cambiados con el otro pais, incluyendo el porte insuficientemente pagado. En consecuencia, no se llevaran cuentas de porte de correos entre los dos paises. (b) El porte de los arti- Prepayment culos que no sean cartas vy postage tarjetas postales debe ser franqueado al menos parcialmente; las cartas y tarjetas postales seran remitidas al pais de su destino aunque carezcan en absoluto de franqueo. 234 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Stamps. Payment of postage and registration fees shall be certified by affixing the appropriate stamps of the country of origin. Insuff cient (C) Ea c h insufficiently postage. prepaid letter shall have stamped on its cover the capital letter T, and shall have indicated p lainly thereon, in figures, on the upper left hand corner of the address, by the postal officials of the country of origin, the amount of the deficient postage, and only the amount so i n d i ca t e d shall be collected of addressees on delivery, except in cases of obvious error. ARTICLE III. Fully prepaid No postage charges shall corresp o n d-. * ence, etc. be levied in either country on fully, prepaid c o r r e - spondence originating i n the other, nor shall any charge be made in the country of destination upon official correspondence which under the.postal regulations of the country of origin is entitled to freedom f r o m postage; but the country of destination will receive, forward and deliver the same free of charge. ARTICLE IV. El pago del porte y del derecho de certificaci6n se acreditaran fijando las correspondientes estampillas de correo del pais de su origen. (c) Cada carta cuyo porte no este pagado por completo llevara en su cubierta un sello con una letra T, mayuiscula, y llevara indicado, en numeros claros, en la esquina izquierda superior de su direcci6n, por los empleados de correos del pals de su origen, la cantidad de porte no pagada, y solamente esta c a n t i d ad sera cobrada a la persona a quien se dirija al entregarsele, exceptuando los casos en que haya error manifiesto. ARTICULO III. En ninguno de los dos paises se cobrara porte a la correspondencia d e b i d a - m e n t e franqueada en el otro ni se cobrara nada en el pais de su destino a la correspondencia oficial que conforme a los reglamentos del pais de su procedencia debe trasmitirse libre de porte; sino que el pais del destino recibira, enviara y entregara la misma, libre de recargo. ARTICULO IV. Evasion of In case any correspondpayment. ence is tendered for mailing in either country, obviously with the intention to evade the higher postage rates applicable to it in the other country, it shall be refused, unless payment be made of such higher rates.. En caso de que se presente al correo de cualquiera de los dos paises, alguna correspondencia, con la intenci(n 6bvia de evadir la tarifa mas alta que le corresponde en el otro pais, no se admitira sino en el caso de que se pague el porte de la tarifa mas alta. TREATIES AND CONVENTIONS. 235 ARTICLE V. (a) Exchanges of mails un d e r this Convention, shall be effected through the post-offices of both countries already designated as exc h a n g e post-offices, o r through such offices as may be hereafter agreed upon, under such regulations relative, to the details of the exchanges as may be mutually determined to be essential to the security and expedition of the mails and the protection of the customs revenues. (b) Each country shall provide for and bear the expense of the conveyance of its mails to the other. ARTICLE VI. The United States of America and Cuba each grants to the other, free of any charges, detention or examination whatsoever. the transit across its territory, of the closed mails made up by any authorized exchange office of either country, addressed to any other exchange office of the same country or to any exchange office of the other country. ARTICLE VII. (a) Any packet of mailable correspondence may be registered upon payment of the rate of postage and the registration fee applicable thereto in the country of origin. ARTICULO V. (a) El cange de corres- Exchange ofpondencia, conforme a esta fles. convenci6n, se efectuara por las oficinas de correo de ambos paises ya designadas como oficinas de cange, 6 por medio de aquellas otras que puedan convenirse en lo sucesivo, conforme a los reglamentos sobre detalles de los cambios que se expidieren mutuamente, y que se consideren esenciales para la seguridad y prontitud de los correos y para la protecci6n de las rentas aduanales. (b) Cada pais sufragara Expense of los gastos de transporte de transportation. sus balijas dirijidas al otro. ARTICULO VI. Cuba y los Estados Uni- Transit of dos de America se conceden closed mails. el uno al otro, libre de todo gasto, detenci6n 6 examen de cualquier genero el transito a traves de su territorio de balijas cerradas, preparadas por cualquiera oficina de cange autorizada de uno u otro pais y dirijidas a otra oficina de cange autorizada del mismo pais 6 a otra oficina igualmente autorizada para el cange del otro pais. ARTICULO VII. (a) Todo. paquete de co- Registry. rrespondencia que sea trasmitido por el correo podra certificarse pagando su porte y el derecho de certificaci6n correspondiente en el pafs de su origen. 236 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Return of re- (b) An acknowledgment ceipts. of the delivery of a registered article shall be returned to the sender when requested; but either country may require of the sender prepayment of a fee therefor not exceeding five cents. ARTICLE VIII. (b) Un recibo de la entrega de un articulo certificado sera devuelto al remitente, cuando asi se solicite; pero cada pais podra exijir del remitente el previo pago de un derecho que no exceda de cinco centavos. ARTICIULO VIII. Descriptive (a) Exchanges of ordiit nary international correspondence may be effected without the use of letterbills; but registered correspondence must be accompanied by a descriptive list thereof, by means of which the registered articles may be identified for the purpose of acknowledgment by the receiving offices. Nonrecelptof (b) If a registered artiparcels. cle advised shall not be found in the mails by the receiving office, its absence shall be immediately reported by the receiving to the sending office. ARTICLE IX. (a) El cange de la correspondencia internacional ordinaria puede efectuarse sin el uso de hojas de aviso; pero la correspondencia certificada debera ir acompafiada de una lista descriptiva de ella, por medio de la cual los objetos certificados puedan identificarse, con el fin de que las oficinas receptoras acusen recibo de los mismos. (b) Si alguna oficina receptora no encontrare en las balijas algfin objeto certificado comprendido en la lista, notificara su falta inmediatamente a la oficina remitente. ARTICULO IX. Registered ex- Ordinary and registered changes, ete. exchanges, unless the latter be made in through registered pouches, shall be effected in properly sealed sacks. El cange de correspondencia ordinaria y certificada, excepto en el caso de que el uiltimo se haga directamente en balijas certificadas, se efectuara en sacos debidamente sellados. ARTICLE X. noReturn of (a). All registered artinondelivered articles. cles, ordinary letters, postal cards, and other manuscript matter, business or commercial papers, books (bound or stitched), proofs of printing, engravings, photographs, drawings, maps, ARTICULO X. (a) Todos los objetos certificados, cartas ordinarias, tarjetas postales, y otros manuscritos, documentos comerciales 6 de negocio, libros (empastados encuadernados 6 cosidos), pruebas de imprenta, grabados, T:REATIES AND CONVENTIONS. 237 and other articles manifestly of value to the sender, which are not delivered from any cause, shall be reciprocally returned without charge, through the central administrations of the two countries in special packets or sacks marked "Rebuts ", after the expiration of the period for their retention required by the laws or regulations of the country of destination; the returned registered articles to be accompanied by a descriptive list and the special packets or sacks used for returning registered articles to be forwarded under registration when registered articles are returned in them. (b) Fully prepaid letters which bear requests by the senders for their return in case of nondelivery by a certain date, or within a specified time, shall be reciprocally returned, without charge, directly to the despatching exchange office, at the expiration of the period for their retention indicated in the requests. (c) Fully prepaid letters bearing on the covers the business cards, the names and addresses of the senders, or designation of places to which they may be returned, as post-office box, street and number &c, without requests for their return in case of non-delivery within a specified time, shall be reciprocally returned fotografias, dibujos, mapas y otros objetos de manifiesto valor para el remitente, que no se entreguen por cualquiera causa, seran reciprocamente devueltos sin estipendio alguno, por conducto de las Administraciones centrales de los dos paises en paquetes 6 sacos especiales marcados ' Rebuts ", despues de que expire el termino de su retenci6n exijido por las leyes 6 reglamentos del pais de su destino. Los objetos certificados que se devuelvan iran acompanados de una lista descriptiva de los mismos, y los paquetes o sacos especiales que se usen para la devoluci6n de los objetos certificados, se devolveran bajo registro cuando contengan algunos de los objetos rezagados que hayan sido certificados. (b) Las cartas totalmente Return of franqueadas con el ruegoprepaid letters. por parte de los que las envian de que se devuelvan en caso de que no se entreguen dentro de cierta fecha 6 dentro de un periodo de tiempo especificado, seran reciprocamente devueltas sin recargo alguno directamente a la oficina de cange remitente, al expirar el plazo de su retencion indicado en el ruego. (c) Las cartas totalmente Prepaid letters bearing refranqueadas que lleven en turn addresses sus cubiertas las razones so- on covers. ciales, 6 los nombres 6 direcciones de los remitentes, 6 la designaci6n de lugares adonde puedan devolversc, como apartado del correo, calle y numero &c. sin ruego de que se devuelvan, en case de que no se entreguen dentro de un periodo de teimpo 238 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. without charge dire the despatching ex office at the expiral thirty days from tf of their receipt at th of destination. ARTICLE XI. Provisions of All matters coi t he Universal with the exchange oPostal conven- 1 t enag tion to govern. between the two coi which are not herei vided for shall be gc by the provisions Universal Postal C tion and regulations force, or which man after be enacted, i governance of such i in the exchanges ol between countries Universal Postal Uni erally, so far as the of such Universal Convention shall be tory upon both of t] tending parties. ARTICLE XII. Further regu- The Postmaster-( lations. of the United Sta America and the P( ter-General of Cub: have authority to make such further tions of order and d, may be found neces: carry out the presen vention from time t and may by agreeme scribe conditions for mission to the mails of the articles pro' by Article I. ctly to determinado, seran reciprochange camente devueltas sin estition of pendio alguno, directamente ie date a la oficina de cange remiLe office tente, al expirar el termino de treinta dias contados desde la fecha de su recibo, en las oficinas de su destino. ARTICULO XI. inected Todos los asuntos que se f mails relacionen con el cambio de intries, balijas entre los dos paises, in pro- que no esten determinados wverned en esta Convenci6n, se regiof the ran por las estipulaciones Jonven- de la Convenci6n Postal now in Universal y los reglamentos y here- que estan ahora vigentes, 6,.or the que mas adelante se acuernatters den para el regimen de los f mails cambios de balijas entre los of the paises que pertenezcan a la on gen- Union Postal Universal en articlep general, en cuanto los artiPostal culos de la expresada Conobliga- venci6n de la Union Postal he con- Universal sean obligatorios para ambas partes contratantes. ARTICULO XII. Jeneral El Administrador Geneltes of ral de Correos de Cuba, y )stmas- el Administrador General a shall de Correos de los Estados jointly Unidos de America tendran regula- facultad de expedir unidos, etail as de tiempo en tiempo, los sary to reglamentos ulteriores de it Con- orden y detalle que fueren time; necesarios para cumplir la nt pre- presente Convencion, y pcthe ad- dran por mutuo convenio of any establecer las condiciones hibited para la admision en las balijas, de cualquiera de los objetos prohibidos en el Articulo I. TREATIES AND CONVENTIONS. 239 ARTICLE XIII. ARTiCULO XIII. This Convention aoro- Esta Convencion abroga gates the postal relations las relaciones postales exisexisting between the two tentes entre ambos paises. countries. It shall be rati- Sera ratificada por los paises f.ed by the contracting contratantes, de acuerdo con countries in accordance with sus respectivas leyes, y sus their respective laws and its ratificaciones se cangearan ratification shall be ex- en la ciudad de Washington 2hanged at the city of Wash- tan pronto como sea posiington as early as possible. ble. Comenzara a regir treIt shall take effect thirty inta dias despues del cange days from the exchange of de ratificuciones y continuaratifications and shall con- ra vigente hasta que se detinue in force until termi- nuncie de comuin acuerdo, nated by mutual agreement, 6 se termine a instancia del or annulled at the instance Departmento de Correos de of the Post Office Depart- cualquiera de los dos paises, ment of either country, upon p r e v i a una notificacion six months previous notice hecha al otro con seis meses given to the other. de anticipacion. Done in duplicate, and Hecho por duplicado y signed at Washington the firmado en Washington el sixteenth day of June One dia diez y seis de Junio de thousand nine hundred and mil novecientos tres. three. [SEAL.] HENRY C. PAYNE Postmaster-General of the United States of America. [SEAL.] GONZALO DE QUESADA Enviado Extraordinario y Mfinistro Plenipotenciario de Cuba en los Estado~ Unidos de America. Effect. Ratification. Signatures. The foregoing Convention between the United States thApproval by of America and Cuba has been negotiated and concluded States. with my advice and consent, and is hereby approved and ratified. In testimony whereof, I have caused the Great Seal of the United States to be hereunto affixed. [SEAL.] THEODORE ROOSEVELT. By the President: JOHN HAY Secretary of State, Washington, June 20, 1903. PROTOCOL. The undersigned, Postmaster - General of the United States of America,' Los infrascritos, Enviado M o d f icaExtraordinario y Ministro tions. Plenipotenciario de la Re 240 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. and the Envoy Extraordinary and Minister Plenipotentiary of Cuba in Washington, met to-day and duly authorized have agreed to modify the Postal Convention signed by them on the 16th of June 1903, in conformity with the amendments made by the Senate of the Republic of Cuba on the 18th of July so that the wording of Article I, paragraphs a and b, Article XII and Article XIII slall be as follows: ARTICLE I. Articles ad- (a) Articles of e v e r y mitted to the mails. kind or nature which are admitted to the domestic mails of each country, except those which are herein prohibited, are admitted to the mails exchanged under ulSantarsy regthis Convention; subject, ulatons however, to such regulations as the Administration of the country of destination may deem necessary to protect its Customs Revenues and for sanitary purposes. But articles other than letters in their usual and ordinary form must never be closed against inspection, but must be so wrapped or enclosed that they may be readily and thoroughly examined by Postmasters or Customs Officers: Except that there may be admitted to the mails exchanged between the United States and Cuba unsealed packages which contain, in sealed receptacles, articles which cannot be safely transmitted in unsealed receptacles; provided, the contents of the closed receptacles are plainly visible or are pre publica de Cuba en Washington y Director General de Correos de los' Estados Unidos de America, reunidos hoy y debidamente autorizados acordaron modificar la Convenci6n Postal firmada por ellos en 16 de Junio de 1903, de conformidad con las enmiendas hechas por el Senado de la Repuiblica de Cuba en 18 de Julio a fin de que el texto de los Articulos I, pirrafos a y b, XII y XIII sea como sigue: ARTICUILO I. (a) Los objetos de toda clase 6 naturaleza que se admitan en las balijas domesticas de cada pais, con excepci6n de los que aqui se prohiben, se admitiran en las balijas que se cambien conforme t esta Convenci6n; sujetos, sin embargo, a los reglamentos que considere necesarios, para proteger sus rentas aduanales y para fines sanitarios, la Administracion del pais de su destino. Pero los articulos que no sean cartas en su forma usual y ordinaria, nunca se cerraran a la inspeccion, sino que se cubriran 6 envolveran de modo que puedan ser facil y completamente examinados por los Administradores de Correos 6 empleados de Aduanas. Excepto que podran admitirse en las balijas que se cambien entre Cuba y los Estados Unidos los paquetes no sellados que contengan, en receptaculos sellados, articulos que no puedan remitirse con seguridad en receptaculos no sellados; siempre que el contenido de dichos receptaculos cerrados TREATIES AND CONVENTIONS. 241 cisely stated on the covers of the closed receptacles, and that the packages are so wrapped that the outer cover can be easily opened. The following articles are prohibited admission to the mails exchanged under this Convention: Publications which violate the copy-right laws of the country of destination; packets, except single volumes of printed books, the weight of which exceeds two kilograms; liquids, poisons, explosives or inflammable substances, fatty substances and those which easily liquefy, live or dead animals (not dried), insects and reptiles, fruits and vegetables which will easily decompose, and substances which exhale a bad oder; lottery tickets or circulars; all obscene and immoral articles: other articles which may destroy or in any way damage the mails or injure the persons handling them. (b). Except as required by the regulations of the country of destination for the collection of its custom duties and for sanitary purposes, all admissible matter mailed in one country for the other, or received in one country from the other, shall be free from any detention or inspection whatever, and shall in the first case be forwarded by the most speedy means to its destination, and in the latter be promptly delivered to the respect est6 plenamente visible 6 se declare con precisi6n en las cubiertas de los receptaculos cerrados, y que el paquete este hecho de tal manera que la cubierta exterior pueda abrirse con facilidad. Se prohibe la admisi6n en htied. prolas balijas que se cambien, conforme a esta Convenci6n, de los objetos siguientes: Las publicaciones que violen las le.ves sobre propiedad literaria del pais de su destino; paquetes de todas clases, exceptuando un solo libro impreso, cuyo peso exceda de dos kilogramos; los liquidos, venenos, materias expl6sivas 6 inflamables, las grasosas, las facilmente liquidables, animales vivos, los muertos no disecados, insectos y reptiles, frutas y vegetales que puedan descomponerse ficilmente y sustancias que exhalen un mal olor, billetes 6 circulares de loterias, todo objeto obsceno 6 inmoral y todos los demas objetos que puedan destruir 6 de alguna manera perjudicar a las balijas 6 dafiar a las personas que las manejan. (b) Todos los objetos ad- Freedomfrom **.. 1 inspection. mitidos en las balijas en un Sanitary regpais y dirigidos al otro, 6ulatiois added. recibidos en un pais del otro, seran libres de detenci6n 6 inspecci6n de cualquiera clase, exceptuando lo establecido por los reglamentos del pais de su destino para cobrar los dercchos de importaci6n y para fines sanitarios; en el primer caso, seran enviados por la via mas rapida, y, en el segundo, seran entregados a las personas a quienes vayan dirigidos, quedando sujetos 242 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ive persons to whom it is addressed, being subject in its transmission to the laws and regulations of each country respectively. ARTICLE XII. Further reg- The Postmaster-General ulations. of the United States of America and the Government of Cuba shall have authority to jointly make such further regulations of order and detail as may be found necessary to carry out the present Convention from time to time; and may by agreement prescribe conditions for the admission to the mails of any of the articles prohibited by Article I. ARTICLE XIII. Ratication. This Convention abrogates the existing postal relations between the two countries. It shall be ratified by the contracting parties in accordance with their respective laws, and its ratifications shall be exchanged at the City of Washington as early as possible. It shall take effect thirty days after the exchange of ratifications, and shall continue in force until terminated by mutual agreement, or ended at the instance of either country upon six months previous notice given to the other. Done at the city of Washington this 19th day of August, 1903. en su trasmisi6n a las leyes y reglamentos de cada pals respectivamente. ARTICULO XII. El Gobierno de Cuba y el Administrador de Correos de los Estados Unidos de America tendran facultad de expedir unidos, de tiempo en tiempo, los reglamentos ulteriores de orden y detalle que fueren necesarios para cumplir la presente Convencion, y podran por mutuo convenio establecer las condiciones para la admisi6n, en las balijas, de cualquiera de los objetos prohibidos en el Articulo I. ARTICULO XIII. Esta Convencion abroga las relaciones postales existentes entre ambos paises. Sera ratificada por los p a i s e s contratantes de acuerdo con su respectivas leyes, y sus ratificaciones se cangearan en la ciudad de Washington tan pronto como sea posible. Comenzara a regir treinta. dias despues del cange de ratificaciones y continuara vigente hasta que se denuncie de comuin acuerdo, 6 se termine a instancia de cualquiera de los dos paises, previa una notificaci6n hecha al otro con seis meses de anticipaci6n. Hecho por duplicado en la ciudad de Washington a 19.de Agosto de 1903. [SEAL.] HENRY C. PAYNE, Postmaster-General of the United States of America., [SBAL.] GONZALO DE QUESADA Enviado Extraordinario y Ministro Plenipotenciario de la Repuiblica de Cuba. TREATIES AND CONVENTIONS. 243 The aforegoing Protocol has been negotiated and con- the bU teb eluded with my advice and consent, and is hereby ap- States. proved and ratified. In testimony whereof, I have caused the Seal of the United States to be hereunto affixed. [SEAL.] THEODORE ROOSEVELT. By the President: FRANCIS B. LOOMIS, Acting Secretary of State, WASHINGTON, D. C., August 21, 1903. Yo, Tomas Estrada Palma, Presidente de la Republica pApproved by de Cuba, habiendo visto y considerado la referida Convencion, por'la presente y en virtud del consejo y consentimiento del Senado, ratifico y confirmo, segun esta modificado, cada uno de los articulos y clausulas de la mencionada Convencion. En testimonio de lo cual, expido la presente, firmada de mi mano autorizada con el sello de la Naci6n y refrendada por el Secretario de Estado y Justicia. Dada en la Ciudad de la Habana, Palacio de la Presidencia, el dia cuatro de Setiembre de mil novecientos tres. [SELLO] T. ESTRADA PALMA CARLOS DE ZALDO, Secretario de Estado y Justicia. [Translation.] I, Tomas Estrada Palma, President of the Republic of Cuba, having seen and considered the said Convention, by the present and by virtue of the advice and consent of the Senate ratify and confirm, as it is modified, each of the Articles and clauses of the said Convention. In testimony of which I issue the present, signed with my hand, authorized with the seal of the Nation and countersigned by the Secretary of State and Justice. Given in the City of Havana, Palace of the President, on the fourth day of September one thousand nine hundred and three. T. ESTRADA PALMA CARLOS DE ZALDO, Secretary of State and Justice. The undersigned Henry Habiendose reunido los Exchange of C. Payne, Postmaster Gen- infrascritos, Gonzalo de eral of the United States of 'Quesada, Enviado ExtraorAmerica, and Gonzalo de dinario y Ministro PlenipoQuesada, Envoy Extraordi- tenciario de Cuba, en Washnary and Minister Plenipo- ington y Henry C. Payne, tentiary of Cuba at Wash- Administrador General de ington, having met together Correos de los Estados Uniat the Post Office Depart- dos de America, en la Ad 244 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ment for the purpose of exchanging the ratifications of the Postal Convention concluded b e t w e e n the United States of America and Cuba, and signed at Washington on the si x - teenth of June, 1903, and of the Protocol signed at Washington on the nineteenth of August 1903, and having carefully compared the ratifications of said Convention and Protocol and found them exactly conformable to each other, the exchange took place this day in the usual form. In witness whereof they have signed the present Protocol and have affixed thereto t h e i r respective seals. Done in duplicate and signed at Washington the ninth day of September One thousand nine hundred and three. [SEAL.] Postmaster-General of the [SEAL.] Enviado Ea ministracion General de Correos, con objeto de cangear las ratificaciones de la Convenci6n Postal entre Cuba y los Estados Unidos de America firmada en Washington a diez y seis de Junio de 1903 y del Protocolo firmado en Washington en diez y nueve de Agosto de 1903 y habiendo comparado cuidadosamente las ratificaciones de dicha Convencion y Protocolo y encontrandolos exactos los unos con los otros, tuvo lugar el canje hoy en la forma usual. En testimonio de lo cual han firmado el presente Protocolo y lo han sellado con sus respectivos sellos. Hecho por duplicado y firmado en Washington el dia nueve de Setiembre de mil novecientos tres. HENRY C. PAYNE United States of America. GONZALO DE QUESADA.traordinario y Ministro Plenipotenciario de Cuba. Nov. iS, 1903. Convention between the United States and the Republic 33 Stats. L.. of Panama for the construction of a ship canal to conpt. 2, p. 224. nect the waters of the Atlantic and Pacific oceans. Signed at Washington, November 18, 1903; ratification advised by the Senate, February 23, 1904; ratified by the President, February 25, 1904; ratified by Panama, December 2, 1903; ratifications exchanged at Washington, February 26, 1904; proclaimed, February 26, 1904. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Preamble. Whereas a Convention between the United States of America and the Republic of Panama to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific Oceans, was concluded TREATIES AND CONVENTIONS. 245 and signed by their respective Plenipotentiaries at Washington, on the eighteenth day of November, one thousand nine hundred and three, the original of which Convention, being in the English language, is word for word as follows: ISTHMIAN CANAL CONVENTION. The United States of America and the Republic of Contract Ing Panama being desirous to insure the construction of a ship canal across the Isthmus of Panama to connect the Atlantic and Pacific oceans, and the Congress of the United States of America having passed an act approved June 28, 1902, in furtherance of that object, by which the President of the United States is authorized to acquire within a reasonable time the control of the necessary territory of the Republic of Colombia, and the sovereignty of such territory being actually vested in the Republic of Panama, the high contracting parties have resolved for that purpose to conclude a convention and have accordingly appointed as their plenipotentiaries,The President of the United States of America, JOHN aritets. -' HAY, Secretary of State, and The Government of the Republic of Panama, PHILIPPE BUNAU-VARILLA, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Panama, thereunto specially empowered by said government, who after communicating with each other their respective full powers, found to be in good and due form, have agreed upon and concluded the following articles: ARTICLE I. The United States guarantees and will maintain the ondaependaema independence of the Republic of Panama. guaranteed. ARTICLE II. The Republic of Panama grants to the United States in I t h mziane Canal zone perpetuity the use, occupation and control of a zone of granted in perland and land under water for the construction, mainte- petuity. nance, operation, sanitation and protection of said Canal of the width of ten miles extending to the distance of five miles on each side of the center line of the route of the Canal to be constructed; the said zone beginning in the Caribbean Sea three marine miles from mean low water mark and extending to and across the Isthmus of Panama into the Pacific ocean to a distance of three marine miles from mean low water mark with the proviso that the cities of Panama and Colon and the harbors adjacent to said cities, which are included within the boundaries of the zone above described, shall not be included within this grant. The Republic of Panama further grants to the la dJ o tlclng United States in perpetuity the use, occupation and control of any other lands and waters outside of the zone 3449-07-18 246 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. above described which may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal or of any auxiliary canals or other works necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said enterprise. Islands with- The Republic of Panama further grants in like manner in limits of zone, etc. to the United States in perpetuity all islands within the limits of the zone above described and in addition thereto the group of small islands in the Bay of Panama, named Perico, Naos, Culebra and Flamenco. ARTICLE III. Territor!al The Republic of Panama grants to the United States overeognty all the rights, power and authority within the zone mentioned and described in Article II of this agreement and within the limits of all auxiliary lands and waters menSupra. tioned and described in said Article II which the United States would possess and exercise if it were the sovereign of the territory within which said lands and waters are located to the entire exclusion of the exercise by the Republic of Panama of any such sovereign rights, power or authority. ARTICLE IV. W a t e r As rights subsidiary to the above grants the Republic rights. of Panama grants in perpetuity to the United States the right to use the rivers, streams, lakes and other bodies of water within its limits for navigation, the supply of water or water-power or other purposes, so far as the use of said rivers, streams, lakes and bodies of water and the waters thereof may be necessary and convenient for the construction, maintenance, operation, sanitation and protection of the said Canal. ARTICLE V. Per p etual The Republic of Panama grants to the United States sthnmianplran in perpetuity a monopoly for the construction, maintesit. nance and operation of any system of communication by means of canal or railroad across its territory between the Caribbean Sea and the Pacific ocean. ARTICLE VI. E x t i n g The grants herein contained shall in no manner invalprivate rights. idate the titles or rights of private land holders or owners of private property in the said zone or in or to any of the lands or waters granted to the United States by the provisions of any Article of this treaty, nor shall they interfere with the rights of way over the public roads passing through the said zone or over any of the said lands or TREATIES AND CONVENTIONS. 247 waters unless said rights of way or private rights shall conflict with rights herein granted to the United States in which case the rights of the United States shall be superior. All damages caused to the owners of private lands Damages to or private property of any kind by reason of the grants be al)praised contained in this treaty or by reason of the operations of mission. the United States, its agents or employees, or by reason of the construction, maintenance, operation, sanitation and protection of the said Canal or of the works of sanitation and protection herein provided for, shall be appraised and settled by a joint Commission appointed by the Governments of the United States and the Republic of Panama, whose decisions as to such damages shall be final and ai^yment o f whose awards as to such damages shall be paid solely by the United States. No part of the work on said Canal or the Panama railroad or on any auxilliary works relating thereto and authorized by the terms of this treaty shall be prevented, delayed or impeded by or pending such proceedings to ascertain such damages. The appraisal of said private lands and private property and the assessment of damages to them shall be based upon their value before the date of this convention. ARTICLE VII. The Republic of Panama grants to the United States Sanitation,,. ^ * * 1 * * -r Ai nd water supwithin the limits of the cities of Panama and Colon and i y o f colon their adjacent harbors and within the territory adjacent and Panama. thereto the right to acquire by purchase or by the exercise of the right of eminent domain, any lands, buildings, water rights or other properties necessary and convenient for the construction, maintenance, operation and protec- Construction tion of the Canal and of any works of sanitation, such as works. the collection and disposition of sewage and the distribution of water in the said cities of Panama and Colon, which, in the discretion of the United States may be necessary and convenient for the construction, maintenance, operation, sanitation, and protection of the said Canal and Expense to be pa id by railroad. All such works of sanitation, collection and dis- United States. position of sewage and distribution of water in the cities of Panama and Colon shall be made at the expense of the United States, and the Government of the United States, its agents or nominees shall be authorized to impose and collect water rates and sewerage rates which shall be suffi- ew a t e rate cient to provide for the payment of interest and the amortization of the principal of the cost of said works within a period of fifty years and upon the expiration o~f said term of fifty years the system of sewers and water works shall revert to and become the properties of the cities of Panama and Colon respectively, and the use of the water shall be free to the inhabitants of Panama and Colon, except to the extent that water rates may be necessary for the operation and maintenance of said system of sewers and water. 248 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. compulsory The Republic of Panama agrees that the cities of Panwith sanitary ama and Colon shall comply in perpetuity with the ordinances, sanitary ordinances whether of a preventive or curative character prescribed by the United States and in case the Government of Panama is unable or fails in its duty to enforce this compliance by the cities of Panama and Colon with the sanitary ordinances of the United States the Republic of Panama grants to the United States the right and authority to enforce the same. Maintenan ce The same right and authority are granted to the United of public order. States for the maintenance of public order in the cities of Panama and Colon and the territories and harbors adjacent thereto in case the Republic of Panama should not be, in the judgment of the United States, able to maintain such order. ARTICLE VIII. Pro p e r t y The Republic of Panama grants to the United States rights to present canal and all rights which it now has or hereafter may acquire to railroad trans-the property of the New Panama Canal Company and the Panama Railroad Company as a result of the transfer of sovereignty from the Republic of Colombia to the Republic of Panama over the Isthmus of Panama, and authorizes the New Panama Canal Company to sell and transfer to the United States its rights, privileges, properties and concessions as well as the Panalma Railroad and all the shares or part of the shares of that company; but the public lands situated outside of the zone described in Article II of this treaty now included in the concessions to both said enterprises and not required in the construction or operation of the Canal shall revert to the Republic of Panama except any property now owned by or in the possession of said companies within Panama or Colon or the ports or terminals thereof. ARTICLE IX. PCna antoand The United States agrees that the ports at either enfree ports. trance of the Canal and the waters thereof, and the Republic of Panama agrees that the towns of Panama and Colon shall be free for all time so that there shall not be imposed or collected custom-house tolls, tonnage, anchorvessels using age, lighthouse, wharf, pilot, or quarantine dues or any canal. i other charges or taxes of any kind upon any vessel using or passing through the Canal or belonging to or employed by the United States, directly or indirectly, in connection with the construction, maintenance, operation, sanitation and protection of the main Canal, or auxiliary works, or upon the cargo, officers, crew, or passengers of Exceptions. any such vessels, except such tolls and charges as may be imposed by the United States for the use of the Canal and other works, and except tolls and charges imposed by the Republic of Panama upon merchandise destined to be TREATIES AND CONVENTIONS. 249 introduced for the consumption of the rest of the Republic of Panama, and upon vessels touching at the ports of Colon and Panama and which do not cross the Canal. The Government of the Republic of Panama shall have Collection of the right to establish in such ports and in the towns of mport duties. Panama and Colon such houses and guards as it may deem necessary to collect duties on importations destined to other portions of Panama and to prevent contraband trade. The United States shall have the right to make Anchorage, use of the towns and harbors of Panama and Colon as repairs, etc. places of anchorage, and for making repairs, for loading, unloading, depositing, or transshipping cargoes either in transit or destined for the service of the Canal and for other works pertaining to the Canal. ARTICLE X. The Republic of Panama agrees that there shall not be Canal pronimposed any taxes, national, municipal, departmental, or p 1 oy eys ee of any other class, upon the Canal, the railways and aux- e m t from iliary works, tugs and other vessels employed in the service of the Canal, storehouses, workshops, offices, quarters for laborers, factories of all kinds, warehouses, wharves, machinery and other works, property, and effects appertaining to the Canal or railroad and auxiliary works, or their officers or employees, situated within the cities of Panama and Colon, and that there shall not be imposed contributions or charges of a personal character of any kind upon officers, employees, laborers, and other individuals in the service of the Canal and railroad and auxiliary works. ARTICLE XI. The United States agrees that the official dispatches of Telegraph the Government of the Republic of Panama shall be and teephone transmitted over any telegraph and telephone lines established for canal purposes and used for public and private business at rates not higher than those required from officials in the service of the United States. ARTICLE XII. The Government of the Republic of Panama shall per- Privileges of mit the immigration and free access to the lands and canal emIployworkshops of the Canal and its auxiliary works of all employees and workmen of whatever nationality under contract to work upon or seeking employment upon or in any wise connected with the said Canal and its auxiliary works, with their respective families, and all such persons shall be free and exempt from the military service of the Republic of Panama. 250 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE XIII. strectels cn a The United States may import at any time into the terials, sup -said zone and auxiliary lands, free of custom duties, immitted free. posts, taxes, or other charges, and without any restrictions, any and all vessels, dredges, engines, cars, machinery, tools, explosives, materials, supplies, and other articles necessary and convenient in the construction, maintenance, operation, sanitation and protection of the Canal and auxiliary works, and all provisions, medicines, clothing, supplies and other things necessary and convenient for the officers, employees, workmen and laborers in the service and employ of the United States and for their families. If any such articles are disposed of for use outside of the zone and auxiliary lands granted to the United States and within the territory of the Republic, they shall be subject to the same import or other duties as like articles imported under the laws of the Republic of Panama. ARTICLE XIV. fComeisation As the price or compensation for the rights, powers conveyed. and privileges granted in this convention by the Republic of Panama to the United States, the Government of the United States agrees to pay to the Republic of Panama the sum of ten million dollars -($10,000,000) in gold coin of the United States on the exchange of the ratification of this convention and also an annual payment during the life of this convention of two hundred and fifty thousand dollars ($250,000) in like gold coin, beginning nine years after the date aforesaid. beAdid tion a The provisions of this Article shall be in addition to all other benefits assured to the Republic of Panama under this convention. trpeatiot to But no delay or difference of opinion under this Article be delayed. or any other provisions of this treaty shall affect or interrupt the full operation and effect of this convention in all other respects. ARTICLE XV. tCom mission p The joint commission referred to in Article VI shall be to appraise damages. established as follows: Compensation. The President of the United States shall nominate two persons and the President of the Republic of Panama shall nominate two persons and they shall proceed to a decision; but in case of disagreement of the Commission (by reason of their being equally divided in conclusion) an umpire shall be appointed by the.two Govenments who shall render the decision. In the event of the death, absence, or incapacity of a Commissioner or Umpire, or of his omitting, declining or ceasing to act, his place shall be filled by the appointment of another person in the manner above indicated. All decisions by a majority of the Commission or by the umpire shall be final. TREATIES AND CONVENTIONS. 251 ARTICLE XVI. The two Governments shall make adequate provision Future agreement for extraby future agreement for the pursuit, capture, imprison-dition to be ment, detention and delivery within said zone and auxil- made. iary lands to the authorities of the Republic of Panama of persons charged with the commitment of crimes, felonies or misdemeanors without said zone and for the pursuit, capture, imprisonment, detention and delivery without said zone to the authorities of the United States of persons charged with the commitment of crimes, felonies and misdemeanors within said zone and auxiliary lands. ARTICLE XVII. ' The Republic of Panama grants to the United States Ports of refthe use of all the ports of the Republic open to commerce uge. as places of refuge for any vessels employed in the Canal enterprise, and for all vessels passing or bound to pass through the Canal which may be in distress and be driven to seek refuge in said ports. Such vessels shall be exempt from anchorage and tonnage dues on the part of the Republic of Panama. ARTICLE XVIII. The Canal, when constructed, and the entrances thereto P e r petual shall be neutral in perpetuity, and shall be opened upon neutrality f canal. the terms provided for by Section I of Article three of, and in conformity with all the stipulations of, the treaty entered into by the Governments of the United States and Great Britain on November 18, 1901. ARTICLE XIX. The Government of the Republic of Panama shall have Free use by the right to transport over the Canal its vessels and its Panala of troops and munitions of war in such vessels at all times without paying charges of any kind. The exemption is to be extended to the auxiliary railway for the transportation of persons in the service of the Republic of Panalna, or of the police force charged with the preservation of public order outside of said zone, as well as to their baggage, munitions of war, and supplies. ARTICLE XX. If by virtue of any existing treaty in relation to the Modification, territory of the Isthmus of Panama, whereof the obliga- teatle. prior tions shall descend or be assumed by the Republic of Panama, there may be any privilege or concession in favor of the Government or the citizens and subjects of a third power relative to an interoceanic means of communication which in any of its terms may be incompatible with the 252 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. terms of the present convention, the Republic of Panama agrees to cancel or modify such treaty in due form, for which purpose it shall give to the said third power the requisite notification within the term of four months from the date of the present convention, and in case the existing treaty contains no clause permitting its modifications or annulment, the Republic of Panama agrees to procure its modification or annulment in such form that there shall not exist any conflict with the stipulations of the present convention. ARTICLE XXI. Grant to the The rights and privileges granted by the Republic of United States free from all Panama to the United States in the preceding Articles prior claims. are understood to be free of all anterior debts, liens, trusts, or liabilities, or concessions or privileges to other Governments, corporations, syndicates or individuals, and consequently, if there should arise any claims on account of the present concessions and privileges or otherwise, the claimants shall resort to the Government of the Republic of Panama and not to the United States for any indemnity or compromise which may be required. ARTICLE XXII. R i g h t s in The Republic of Panama renounces and grants to the pions traonfer-United States the participation to which it might be enred to United titled in the future earnings of the Canal under Article XV of the concessionary contract with Lucien N. B. Wise now owned by the New Panama Canal Company and any and all other rights or claims of a pecuniary nature arising under or relating to said concessions, or arising under or relating to the concessions to the Panama Railroad Company or any extension or modification thereof; and it likewise renounces, confirms- and grants to the United States, now and hereafter, all the rights and property reserved in the said concessions which otherwise would belong to Panama at or before the expiration of the terms of ninety-nine years of the concessions granted to or held by the above mentioned party and companies, and all right, title and interest which it now has or may hereafter have, in and to the lands, canal, works, property and rights held by the said companies under said concessions or otherwise, and acquired or to be acquired by the United States from or through the New Panama Canal Company, including any property and rights which might or may in the future either by lapse of time, forfeiture or otherwise, revert to the Republic of Panama under any contracts or concessions, with said Wise, the Universal Panama Canal Company, the Panama Railroad Company and the New Panama Canal Company. TREATIES AND CONVENTIONS. 253 The aforesaid rights and property shall be and are free Absolute title and released from any present or reversionary interest in or claims of Panama and the title of the United States thereto upon consummation of the contemplated purchase by the United States from the New Panama Canal Company, shall be absolute, so far as concerns the Republic of Panama, excepting always the rights of the Republic specifically secured under this treaty. ARTICLE XXIII. If it should become necessary at any time to employ Armed proarmed forces for the safety or protection of the Canal, teaci~ o ca or of the ships that make use of the same, or the railways and auxiliary works, the United States shall have the right, at all times and in its discretion, to use its police and its land and naval forces or to establish fortifications for these purposes. ARTICLE XXIV. No change either in the Government or in the laws and Rlghts of treaties of the Republic of Panama shall, without the United States consent of the United States, affect any right of the United States under the present convention, or under any treaty stipulation between the two countries that now exists or may hereafter exist touching the subject matter of this convention. If the Republic of Panama shall hereafter enter as a constituent into any other Government or into any union or confederation of states, so as to merge her sovereignty or independence in such Government, union or confederation, the rights of the United States under this convention shall not be in any respect lessened or impaired. ARTICLE XXV. For the better performance of the engagements of this N a va l and convention and to the end of the efficient protection of the coaling s t a - Canal and the preservation of its neutrality, the Government of the Republic of Panama will sell or lease to the United States lands adequate and necessary for naval or coaling stations on the Pacific coast and on the western Caribbean coast of the Republic at certain points to be agreed upon with the President of the United States. ARTICLE XXVI. This convention when signed by the Plenipotentiaries Exchange of of the Contracting Parties shall be ratified by the respec- ratifications. tive Governments and the ratifications shall be exchanged at Washington at the earliest date possible. 254 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. In faith whereof the respective Plenipotentiaries have signed the present convention in duplicate and have hereunto affixed their respective seals. Done at the City of Washington the 18th day of November in the year of our Lord nineteen hundred and three. Signatures. gature. JoHN HAY [SEAL] P. BTJNAT-VARILLA [ISEAL] Ratifications. And whereas the said Convention has been duly ratified on both parts, and the ratifications of the two governments were exchanged in the City of Washington, on the twenty-sixth day of February, one thousand nine hunProclama-dred and four; tion. Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Convention to be made public, to the end that the same and every article and clause thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this twenty-sixth day of February, in the year of our Lord one thou[SEAL] sand nine hundred and four, and of the Independence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. May 22, 1903. 33 Stats. L., Treaty between the United States and Cuba embodying the provisions defining the future relations of the United States with Cuba contained in the act of Congress, approved March 2, 1901, making appropriations for the Army. Signed at Habana, May 22, 1903; ratification advised by the Senate, March 22, 1904; ratified by the President, June 25, 1904; ratified by Cuba. June 20, 1904; ratifications exchanged at Washington, July 1,1904; proclaimed, July 2, 1904. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. A PROCLAMATION. Preamble. Whereas a Treaty between the United States of America and the Republic of Cuba embodying the provisions defining the future relations of the IJnited States with Cuba contained in the Act of Congress approved March TREATIES AND CONVENTIONS. 255 2, 1901, was concluded and signed by their respective Pleriipotentiaries at Habana on the twenty-second day of May, one thousand nine hundred and four, the original of which Treaty, being in the English and Spanish languages is word for word as follows: Whereas the Congress of t h e n it e d St a t e s of America, by an Act approved March 2, 1901, provided as follows: Provided further, That in fulfillment of the declaration contained in the joint resolution approved April twentieth, eighteen hundred and ninety-eight, entitled " For the recognition of the independence of the people of Cuba, demanding that the Government of S p a i n relinquish its authority and government in the island of Cuba, and to withdraw its land and naval forces from Cuba and Cuban waters, and directing the President of the United States to use the land and naval forces of the United States to carry these resolutions into effect," the President is hereby authorized to " leave the government and control of the island of Cuba to its people" so soon as a government shall have been established in said island under a constitution which, either as a part thereof or in an ordinance appended thereto, shall define the future relations of the United States with Cuba, substantially as follows: " I. That the government "of Cuba shall never enter "into any treaty or other "compact with any foreign power or powers which "will impair or tend to im"pair the independence of Por cuanto el Congreso de los Estados Unidos de America dispuso, en virtud de una Ley aprobada en Marzo 2 de 1901, lo siguiente: Se dispone ademas, Que en cumplimiento de la declaraci6n contenida en la resoluci(n conjunta aprobada en 20 de Abril de 1898 bajo elepigrafe "Para reconocer la independencia del pueblo de Cuba exigiendo que el Gobierno de Espaia renuncie a su autoridad y gobierno en la Ysla de Cuba y que retire de Cuba y de las aguas Cubanas sus fuerzas de mar y tierra, y ordenando al Presidente de los Estados Unidos que-para llevar a efecto estas resoluciones, haga uso de las fuerzas de mar y tierra. de los Estados Unidos ", queda por esta autorizado el Presidente para " dejar el gobierno y mando de la Ysla de Cuba a su pueblo" tan pronto como en dicha YsIa se establezca un gobierno bajo una constitucion en la que, bien como parte de la misma 6 en una disposici6n que a ella se agregue, se precisen las relaciones futuras de los Estados Unidos c o n C u b a esencialmente como sigue: " I. El Gobierno de Cuba "nunca celebrara con nin"gun Poder 6 Poderes ex"tranjeros ningtin Tratado "iu otro pacto que menos"cabe 6 tienda a menosca"bar la independencia de 256 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. " Cuba, nor in any manner "authorize or permit any 'foreign power or powers "to obtain by colonization "or for military or naval "purposes or otherwise, "lodgement in or control "over any portion of said "island." "II. That said govern"ment shall not assume or "contract any public debt, "to pay the interest upon "which, and to make rea"sonable sinking fund provision for the ultimate "discharge of which, the "ordinary revenues of the "island, after defraying "the current expenses of "government shall be in" adequate." "III. That the govern"ment of Cuba consents "that the United States " may exercise the right to "intervene for the preser"vation of Cuban inde"pendence, the maintenance "of a government adequate "for the protection of life, "property, and individual "liberty, and for discharg"the obligations with re"spect to Cuba imposed by "the treaty of Paris on the "United States, now to be "assumed and undertaken "by the government of " Cuba." "IV. That all Acts of the "United States in Cuba "during its military occu"pancy thereof are ratified "and validated, and all "lawful rights acquired "thereunder shall be main" tained and protected." "V. That the govern"ment of Cuba will exe "Cuba, ni en manera al' guna autorice 6 pernita a "ningun poder 6 Poderes ' extranjeros obtener p o r "colonizaci6n 6 para pro' positos navales 6 militares "6 de otra manera asiento "en 6 jurisdicci6n sobre "ninguna porci(n de dicha " Ysla." " II. Dicho Gobierno no " asumiri 6 contraeral nin"guna deuda pfblica para " el pago de cuyos intereses " y amortizaci6n definitiva, "despues de cubiertos los "gastos corrientes del Go"bierno, resulten inadecua" dos los ingresos ordina"rios." "III. El Gobierno de "Cuba consiente que los "Estados Unidos puedan "ejercer el derecho de in"tervenir para la preserva"cion de la independencia "de Cuba, y el sosteni"miento de un Gobierno "adecuado a la proteccion "de la vida, la propiedad y;' la libertad individual, y al "cumplimiento de las obli'"gaciones, con respecto a "Cuba, impuestas a los Es"tados Unidos por el Tra"tado de Paris y que deben "ahora ser asumidas y cum"plidas por el Gobierno de "Cuba." " IV. Todos los actos rea"lizados por los Estados "Unidos en Cuba durante "su ocupaci6n militar, se"ran ratificados y tenidos "por validos, y todos los "derechos legalmente ad"quiridos a virtud de aque"llos, seran mantenidos v "protegidos." "V. El Gobierno de "Cuba ejecutara y hasta TREATIES AND CONVENTIONS. 257 " cute, and as far as neces'" sary extend, the plans al"ready devised or other "plans to be mutually " agreed upon, for the sani" tation of the cities of the "island, to the end that a "recurrence of epidemic "and infectious diseases " may be prevented thereby " assuring protection to the "people and commerce of "Cuba, as well as to the " commerce of the southern "ports of the United States "and the people residing "therein." "VI. That the Isle of "Pines shall be omitted "from the proposed consti"tutional boundaries of "Cuba, the title thereto be" ing left to future adjust"ment by treaty." " VII. That to enable the "United States to maintain "the independence of Cuba, "and to protect the people "thereof, as well as for its "own defense, the govern" ment of Cuba will sell or "lease to the United States "lands necessary for coal"ing or naval stations at "certain specified points to "be agreed upon with the "President of the United " States." "VIII. That by way of "further assurance the gov" ernment of Cuba will em"body the foregoing pro"visions in a permanent "treaty with the United "States." Whereas the Constitutional Convention of Cuba, on June twelfth, 1901, adopted a Resolution ad " donld fulere necesario am"pliara los planes va pro" yectados ui otros que mu" tuamente se convengan, "para el saneamiento de las "poblaciones de la Ysla, " con el fin de evitar la re"currencia de enfermeda"des epidemicas 6 infeccio" sas, protegiendo asi al "pueblo y al comercio de "Cuba, lo mismo que al "comercio y al pueblo de "los puerfos del Silr de los " Estados Unidos." "VI. La Ysla de Pinos "queda omitida de los limi" tes de Cuba proputestos " por la Constitucion, dejan" dose para un futuro Tra" tado la fijacion de su per" tenencia." "VII. Para poner en " condiciones a los Estados " Unidos de mantener la in" dependencia de Cuba y "proteger al pueblo de la "misma, asi como para su "propia defensa, el Gobier"no de Cuba vendera' 6 "arrendar'a a los Estados "Unidos las tierras necesa" rias para carboneras 6 es"taciones navales en ciertos "puntos determinados que "se convendratn con el Pre"sidente de los Estados "Unidos." "VIII. El Gobierno de "Cuba insertarA las ante"riores disposiciones en un "Tratado permanente con "los Estados Unidos." Por cuanto, la Convencion Constituyente de Cuba adopto en Junio 12 de 1901 una resolucion agregando a 258 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ding to the Constitution of the Republic of Cuba which was adopted on the twentyfirst of February 1901, an appendix in the words and letters of the eight enumerated articles of the above cited act of the Congress of the United States; And whereas, by the establishment of the independent and sovereign government of the Republic of Cuba, under the constitution promulgated on the 20th of May, 1902, which embraced the foregoing conditions, and by the withdrawal of the Government of the United States as an intervening power, on the same date, it becomes necessary to embody the above cited provisions in a permanent treaty between the United States of America and the Republic of Cuba; Contracting The United States of parties. America and the Republic of Cuba, being desirous to carry out the foregoing conditions, have for that purpose appointed as their plenipotentiaries to conclude a treaty to that end, I'lenipotenti- The President of the aries. United States of America, Herbert G. Squiers, Envoy Extraordinary and Minister Plenipotentiary at Havana, And the President of the Republic of Cuba, Carlos de Zaldo y Beurmann, Secretary of State and Justice, -who after communicating to each other their full powers found in good and due form, have agreed upon the following articles: la Constitucio6n de la Republica de Cuba que fue adoptada el 21 de Febrero de 1901 un Apendice que contiene palabra por palabra y letra por letra los ocho Articulos enumerados de la Ley del Congreso de los Estados Unidos arriba mencionada; Y por cuanto, en virtud de haberse establecido el gobierno independiente y soberano de la Reptiblica de Cuba bajo la Constituci6n promulgada en Mayo 20 de 1902 en la que se incluyeron las precedentes condiciones y de haberse retirado en esa misma fecha, el Gobierno de los Estados Unidos como poder interventor, se hace necesario incorporar las estipulaciones arriba indicadas en un tratado permanente entre los Estados Unidos de America y la Republica de Cuba; Deseando los Estados Unidos de America y la Rcpliblica de Cuba dar cumplimiento a las condiciones antedichas, han noinbrado al objeto como plenipotenciarios para llevar a cabo uJn tratado con ese fin, El Presidente de los Estados Unidos de America ai Herbert G. Squires, Enviado Extraordinario v Ministro Plenipotenciario en la Habana, Y el Presidente de la Republica de Cuba a Carlos de Zaldo y Beurmann, Secretario de Estado y Justicia; quienes despues de haberse exhibido mutuamente sus plenos poderes que encontraron estar en buena y debida forma, han convenido en los siguientes Articulos: TREATIES AND CONVENTIONS. 259 ARTICLE I. ARTiCULO I. The Government of Cuba shall never enter into any treaty or other compact with any foreign power or powiers which will impair or tend to impair the independence of Cuba, nor in any manner authorize or permit any foreign power or powers to obtain by colonization or for military or naval purposes, or otherwise, lodgment in or control over any portion of said island. ARTICLE II. The Government of Cuba shall not assume or contract any public debt to pay the interest upon which, and to make reasonable sinkingfund provision for the ultimate discharge of which, the ordinary revenues of the Island of Cuba, after defraying the current expenses of the Government, shall be inadequate. ARTICLE III. The Government of Cuba consents that the United States may exercise the right to intervene for the preservation of Cuban independence, the maintenance of a government adequate for the protection of life, property, and individual liberty, and for 'discharging the obligations with respect to Cuba imposed by the Treaty of Paris on the United State:s, now to be assumed and undertaken by the Government of Cuba. El Gobierno de Cuba Treaty rights, of Cuba with nunca celebrara con ningun other powers. Poder 6 Poderes extranjeros ninguin Tratado ii otro pacto que nenoscabe 6 tienda a menoscabar la independencia de Cuba, ni en manera alguna autorice 6 permita i ningun Poder 6 Poderes extranjeros obtener por colonizacion 6 para prop6sitos navales 6 militares 6 de otra manera asiento en 6 jurisdicci6n sobre ninguna porcion de dicha Ysla. ARTICULO II. El Gobierno de Cuba no Contrac ton of debts limitasumirat 6 contraerh Ilin- ed. guna deuda p'blica para el pago de cuyos intereses y amortizacion definitiva, despu(s de cubiertos los gastos corrientes del Gobicrno, resulten inadecuados los ingresos ordinarios de la Ysla de Cuba. ARTICULO III. El Gobierno de Cuba con - United States granted right siente que los Estados Uni- to intervene, dos puedan ejercer el de-etc' recho de intervenir para la preservaci6n de la independencia de Cuba, y el sostenimiento de un Gobierno adecuado a la protecci6n de la vida, la propiedad v la libertad individual, y al cumplimiento de las obligaciones, con respecto a Cuba, impuestas a los Estados Unidos por el Tratado de Paris y que deben ahora ser asumidas y cumplidas por el Gobierno de Cuba. 260 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE IV. Validation of All acts of the United military acts, acts e Ue ~tc. States in Cuba during its military occupancy thereof are ratified and validated, and all lawful rights acquired thereunder shall be maintained and protected. ARTICLE V. Extension of The Government of Cuba of cities. will execute, and, as far as necessary, extend the plans already devised, or other plans to be mutually agreed upon, for the sanitation of the cities of the island, to the end that a recurrence of epidemic and infectious diseases may be prevented, thereby assuring protection to the people and commerce of Cuba, as well as to the commerce of the Southern ports of the United States and the people residing therein. ARTICLE VI. ARTICULO IV. Todos los actos realizados por los Estados Unidos en Cuba durante su ocupaci6n militar, seran ratificados y tenidos por vailidos, y todos los derechos legalmente adquiridos a virtud de aquellos, seran mantenidos y protegidos. ARTICULO V. El Gobierno de Cuba ejecutara y hasta donde fuere necesario ampliara los planes ya proyectados ui otros que mutuamente se convengan, para el saneamiento de las poblaciones de la Ysla, con el fin de evitar la recurrencia de enfermedades epidemicas e infecciosas, protegiendo asi al pueblo y al comercio de Cuba, lo mismo que al comercio y al pueblo de los puertos del Sur de los Estados Unidos. ARTICULO VI. Title to Island of Pines. The island of Pines shall be omitted from the boundaries of Cuba specified in the Constitution, the title thereto being left to future adjustment by treaty. ARTICLE VII. st a v a tions for To enable the United t h e U n i t e d States to maintain the indeStates. pendence of Cuba, and to protect the people thereof, as well as for its own defense, the Government of Cuba will sell or lease to the United States lands necessary for coaling or naval stations, at certain specified La Ysla de Pinos queda omitida de los limites de Cuba que fija la Constitucion, dejandose para un futuro tratado la fijacion de su pertenencia. ARTICULO VII. Para poner en condiciones a los Estados Unidos de mantener la independencia de Cuba y proteger pueblo de la misma, asi como para su propia defensa, el Gobierno de Cuba vendera 6 arrendara a los Estados Unidos las tierras necesarias para carboneras TREATIES AND CONVENTIONS. 261 points, to be agreed upon with the President of the United States. ARTICLE A III. The present Convention shall be ratified by each party in conformity with the respective Constitutions of the two countries, and the ratifications shall be exchanged in the City of Washington within eight months from this date. In witness whereof, we the respective Plenipotentiaries, have signed the same in duplicate, in English and Spanish, and have affixed our respective seals at Havana, Cuba, this twentysecond day of May, in the year nineteen hundred and three. 6 estaciones navales en ciertos puntos determinados que se convendrain con el Presidente de los Estados Unidos. ARTICULO VIII. El presente tratado seri Ratification. ratificado por cada una de las partes en conforinidad con las respectivas Constituciones de los dos paises, y las ratificaciones seran cangeadas en la ciudad de Waishington dentro de los ocho meses siguientes i la fecha. En f6 de lo cual los re- signatures. spectivos Plenipotenciarios lo firman y sellan por duplicado, en Yngles y en Espafol, en la Habana, Cuba. el dia veinte y dos de Mayo de mil novecientos tres. II. G. SQUIERS. [SEAL.] CARLOS DE ZALDO. [SEAL.] And whereas the said Treaty has been duly ratified on Exchange of both parts, and the ratifications of the two governments ratifications. were exchanged in the City of Washington, on the first day of July, one thousand nine hundred and four; Now, therefore, be it known that I, Theodore Roosevelt, rroclam aPresident of the United States of America, have caused tion. the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this second day of July, in the year of our Lord one thousand [sEAL.] nine hundred and four, and the Independence of the United States of America the one hundred and twenty-eighth. v v THEODORE ROOSEVELT By the President: ALVEY A. ADEE Acting Secretary of State. 3449-07 19 262 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. January 20, Supplementary convention between the United States and 1904. Cuba extending the period within which, may be expt3. 2, p. ta61. changed the ratifications of the treaty of May 22, 1903, between the United States and Cuba, embodying the provisions defining their future relations. Signed at Wasihington, Janwi-tryr 20, 1904; ratification advised by the Senate, Januariy 27', 1904; ratified by the President, June 25, 1904; ratified by Cuba, June ~20, 1904; ratifications exchanged at Washington, July 1, 1904.; proclaimed, July 2. 190,. BY THE PRESII)ENT )O TIIE UNITEI) STATES OF' XAM3ERICA. A PROCLAMATION. Preamble. Whereas a Supplementary Convention between the United States of America and the Republic of Cuba, extending the time within which may be exchanged the ratifications of the treaty signed May 22, 1903, embodying the provisions defining the future relations of the United States with Cuba, contained in the Act of Congress of the United States approved March 2, 1901, was concluded and signed by their respective Plenipotentiaries at Washington, on the twentieth day of January one thousand nine hundred and four, the original of which Supplementary Convention, being in the English and Spanish languages, is word for word as follows: Contracting The United States of parties. America and the Republic of Cuba, considering it expedient to prolong the period within which, by Article VIII of the treaty signed by their respective plenipotentiaries on M ay 22, 1903, embodying the provisions defining the future relations of the United States with Cuba, contained in 'the act of Congress of the United States approved March 2, 1901, the exchange of ratifications of the said treaty shall take place, have for that purpose appointed their respective Plenipotentiaries, namely: lenipotentl- The President of the United States of America, John Hay, Secretary of Los Estados Unidos de America y la Republica de Cuba juzgando conveniente prorrogar el periodo dentro del cual, por el Articulo VIII del Tratado suscrito por sus respectivos Plenipotenciarios, el dia veintidos de Mayo de mil novecientos tres, incluyendo las disposiciones que definen las relaciones futuras de los Estados Unidos con Cuba comprendidas en la Lev del Congreso de los Estados Unidos aprobada el dia dos de Marzo de mil novecientos uno, se verificara el cange de las ratificaciones de dicho Tratado, han nombrado al afecto sus respectivos Plenipotenciarios, a saber: El Presidente de los Estados Unidos de America, a John Hay, Secretario de TREATIES AND CONVENTIONS. 263 State of the United States; and The President of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of Cuba at Washington; who, after having communicated to each other their respective full p o w e r s, found in good and due form, have agreed upon the following additional article to be taken as part of said treaty. SOLE ARTICLE. The respective ratifications of the said treaty shall be exchanged as soon as possible, and within six months from January 21, 1904. Done in duplicate at Washington, in the English and Spanish languages, this 20th day of January A. D. 1904. Estado de los Estados Unidos; y El Presidente de Cuba, ai Gonzalo de Quesada, Enviado Extraordinario y Ministro Plenipotenciaro de Cuba en Waishington quienes, despues de comunicarse sus respectivos Plenos Poderes, que encontraron en buena y debida forma, han acordado el sigtiente Articulo que ha de considerarse oomo parte de dicho Tratado. ARTICULO UNICO. Las respectivas ratifica-. Rtifie ation ciones de dicho Tratado seran cangeadas lo miis pronto posible, y dentro de s e i s meses siguientes al vientiuno de Enero de mil novecientos cuatro. Hecho por duplicado en Signatures. Washington, en Ingles y Espaniol este dia 20 d(, Enero de mil novecientos cuatro. JOHN HAY [SEAL] GONZALO DE QUESADA [SEAL] And whereas the said Supplementary Convention has Exchange of been duly ratified on both parts, and the ratifications of ratifications. the two governments were exchanged in the City of Washington, on the first day of July, one thousand nine hundred and four; Now, therefore, be it known that I, Theodore Roosevelt, Pr oclamaPresident of the United States of America, have causedt the said Supplementary Convention tQ be made public to the end that the same may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the seal of the United States of America to be affixed. Done at the City of Washington, this second day of July, in the year of our Lord one thousand nine hundred and four, and of the Independence of the [SEAL] United States of America the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: ALVEY A. ADEE Acting Secretary of State. 264 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. April 6 1904. Treaty between the United States and Cuba for the mutual 33 Stats. L., extradition of fugitives from justice. Signed at Washpt. 2, p. 2. ington, April 6, 1904; ratification advised by the Senate, April 26, 1904; ratified by the President, January 24, 1905; ratified by Cuba, January 16, 1905; ratifications exchanged at Washington, January 31, 1905; proclaimed, February 8, 1905. BY THE PRESIDENT OF TIlE UNITED STATES OF AMERICA. A PROCLAMATION. Preamble. Whereas a Treaty between the United States of America and the Republic of Cuba providing for the mutual extradition of fugitives from justice was concluded and signed by their respective Plenipotentiaries at Washington, on the sixth day of April, one thousand nine hundred and four, the original of which Treaty being in the English and Spanish languages is word for word as follows: Contracting The United States of powers. tAmerica and the Republic of Cuba, being desirous to confirm their friendly relations and cooperate to promote the cause of justice, have resolved to conclude a treaty for the extradition of fugitives from justice between the United States of America and the Republic of Cuba, and have appointed for that purpose the following Plenipotentiaries: Plenipotenti- The President of the aries. nited States of America, John Hay, Secretary of State of the United States of America; and The President of the Republic of Cuba, Gonzalo de Quesada, Envoy Extraordinary and Minister Plenipotentiary of the Republic of Cuba to the United States of America; Who, after having communicated to each other their respective full powers, found in good and due Los Estados Unidos de America v la Republica de Cuba, deseando afianzar sus relaciones amistosas y cooperar a la causa de la Justicia han acordado celebrar un Tratado para la extradicion de los pr6fugos de la Justicia, tanto de los Estados Unidos de America como de la Reptiblica de Cuba, y han designado con tal fin a los siguientes Plenipotenciarios: El Presidente de los Estados Unidos de America a John Hay, Secretario de Estado de los Estados Unidos de America; y El Presidente de la Repuiblica de Cuba a Gonzalo de Quesada, Enviado Extraordinario y Ministro Plenipotenciario de la Republica de Cuba en los Estados Unidos de America; Quienes despues de haberse mostrado mutuamente sus respectivos plenos poderes, y encontrarlos en co TREATIES AND CONVENTIONS. 265 form, have agreed upon and concluded the following: ARTICLE I. The Government of the United States of America and the Government of the Republic of Cuba mutually agree to deliver up persons who, having been charged as principals, accomplices or accessories with or convicted of any crimes or offenses specified in the following article, and committed within the jurisdiction of one of the high contracting parties, shall seek an asylum or be found within the territories of the other: Provided that this shall only be done upon such evidence of criminality as, according to the laws of the place where the fugitive or person so charged shall be found, would justify his or her apprehension and comlitment for trial if the crime or offense had been there committed. rrecta y debida forma han convenido y estipulado lo siguiente: ARTICULO I. El Gobierno de los Es- Reciprocal tados Unidos de AmericadeliverYf ptry el Gobierno de la Repi'- wit', chrinmes. blica de Cuba convienen en entregarse reciprocamente las personas que habiendo sido acusadas 6 condenadas como autores, complices 6 encubridores de alguno de los criinenes 6 delitos especificados en el articlllo siguiente y cometidos dentro de la jurisdicci6n de una de las Altas Iartes Contratantes busquen asilo 6 se enmuentren en los territorios de la otra; pero dicha entrega solo se hara en virtud (de pruebas de criminalidad tales que, seglin las Leves del pais donde se encuentre el pr6fugo 6 la persona aclusada, serian suficientes para su aprehensi6n y procesamiento, si alli se hlll)iera cometido el crimen 6 delito. ARTICLE II. Extradition shall be granted for the following crimes and offenses: 1. Murder, comprehending the offenses expressed in the Penal Code of Cuba as assassination, parricide, infanticide and poisoning; manslaughter, when voluntary; the attempt to commit any of these crimes. 2. Arson. 3. Robbery, defined to be the act of feloniously and forcibly taking from the ARTICULO II. Se concederti la extradi- Extraditable ci6n por los siguientes err-'crmes. menes y delitos: 1~. Homicidio, inclusos Murder. los delitos designados en el C6digo Penal de Cuba con los nombres de asesinato, parricidio, 6 infanticidio; envenenamiento; homicidio, homicidio impremeditado: el conato de cualquiera de estos delitos. 2~. Incendio. Arson. 30. Robo, entendiendose Robbey. por tal la sustraccion de bienes, dinero 6 documentos 266 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. person of another money, goods, documents, or other property, by violence or putting him in fear; burglary; housebreaking and shopbreaking. Forgery, etc. 4. Forgery, or the utterance of forged papers, or falsification of the official acts or documents of the Government or public authority, including courts of justice, or the utterance or fraudulent use of any of the same. Counterfeit- 5. The fabrication of ing. counterfeit money, whether coin or paper, counterfeit titles or coupons of public debt, bank-notes, or otlier instrumlents of public credit; of counterfeit seals, stamps, dies and marks of state or public administration, and the utterance, circulation or fraudulent use of any of the above mentionedl objects. mn b ezzle- 6. Embezzlement by pubment. lie officers or depositaries; embezzlement by persons hired or salaried to the detriment of their employers; obtaining money, valuable securities or other personal property by false devices, when such act is made criminal by the laws of both countries and the amount of money or value of the property so obtained is not less than two hundred dollars in gold. Breach of 7. Fraud or breach of trust. trust (or the corresponding crime expressed in the Penal Code of Cuba as de ajenos, empleando para ello fuerza, violencia 6 intimidaci6n; y el acto de asaltar la casa de otro de noche, con escalamiento 6 fractura y con la intenci6n de cometer un crimen 6 delito; robo en casa habitada, robo en establecilniento comercial 6 industrial. 4~. Falsificacion 6 emisi6n (le documentos falsificados 6 alteracion de actos 6 documentos oficiales del Gobierno 6 de l a Autoridad Pliblica inclusos los Tribunales de Justicia, 6 la expendici(n 6 uso fraudulento de los mismos. 50. La fabricaci6n de moneda falsa, bien sea esta metalica 6 en papel, titulos 6 cupones falsos de la Deuda Pi'blica, billetes de Banco fi otros valores pilblicos de credito, de sellos. de timbres, culios v marcas falsas de Administraciones. del Estado 6 Piiblicas v la expendicion, circulaci6o1 6 uso fraudulento de cualquiera de los objetos mencionados. 0O. Malversaci6n de fondos pliblicos cometida por empleados pi'lblicos 6 depositarios, defraudacion realizada por personas i sueldo 6 salario, en perjuicio de aquel que lo tiene a su servicio, obtener dinero, valores 1i otros bienes muebles, por maquinaciones 6 artificios cuando estos delitos estan penados por las leyes de ambos paises y el valor de la propiedad asi obtenida no es menos de doscientos pesos en oro. 7~. Fraude 6 defraudaci6n, 6 el crimen correspondiente definido en el C(digo de Cuba como defraudaci6n - TREATIES AND CONVENTIONS. 267 fraudation) by a bailee, banker, agent, factor, trustee, or other person acting in a fiduciary capacity, or director or member or officer of any company, when such act is made criminal by the laws of both countries and the amount of money or the value of the property misappropriated is not less than two hundred dollars in gold. S. Perjury; subornation of perjury. 9. Bribery; defined to be the giving, offering or receiving of a reward to influence one in the discharge of a legal duty. 10. Rape; bigamy. 11. Wilful and unlawful destruction or obstruction of railroads, trains, bridges, vehicles, vessels or other means of transportation or public or private buildings, when the act committee endangers human life. 12. Crimes committed at sea, to wit: (a) Piracy, by statute or by the law of nations. (b) Revolt, or conspiracy to revolt, by two or more persons on board a ship on the high seas against the. authority of the master. (c) Wrongfully sinking or destroying a vessel at sea, or attempting to do so. (d) Assaults on board a ship on the high seas with intent to do grievous bodily harm. 13. Crimes and offenses against the laws of both por un depositario, banquero, agente, factor ui otra persona que administre bienes 6 que proceda por encargo de otra, 6 director 6 miembro 6 funcionario de una Compafifa cuando las leyes de amnbos paises declaran criminoso semejante acto y el dinero 6 el valor de los bienes defraudados no es menos de doscientos pesos en oro. 8~. Perjurio; soborno Perjury. para hacer perjurar. 9~. Cohecho 6 sea dar, Bribery. ofrecer 6 recibir una recompensa por influir en el cumplimiento de un deber legal. 10~. Violaci6(n; bigamia. Rape, etc. 11~. Destrucci(n il ob - Injuries to trucci6n maliciosa e ilegal railroads, etc. de ferrocarriles, trenes. puentes, vehlliculos, embarcaciones fi otros medio~ de transporte 6 (lde edificios puiblicos 6 privados, cuando el acto cometido ponga en peligro la vida de las personas. 12~. Crimenes cometidos Crimes comnen el mar; a saber: mitted at sea. (a) Pirateria seg'inI le Piracy. Ley 6 el Derecho Internacional. (b) Sublevaci6n 6 cons- Revolt, etc. piraci6n de dos 6 mais personas para rebelarse abordo de un buque en alta mar contra la autoridad del Capitan 6 Comandante. (c) Hacer naufragar 6 Destroying destruir criminalmente un vessels buque en el mar 6 la tentativa de hacerlo. (d) Asalto abordo de un Assaults on buque en alta mar con la shpboard. intencion de ocasionar un grave dafio corporal. 13~. Crimenes v delitos Slave tradcontra las leyes de ambosIng, etc. 268 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. countries for the suppression of slavery and slave trading. Kidnapping. 14. Kidnapping of miors or adults, defined to be the abduction or detention of a person or persons in order to exact money from them or their families, or for any other unlawful end. Larceny. 15. Larceny, defined to be the theft of money, effects, documents, horses, cattle. live-stock or any other movable property of the value of more than fifty dollars. Obtaining 16. Obtaining by threats money, etc., byof doing injury naoney threats. of doing injury, money, valuables or other personal property. Mayhem. 17. Mayhem and other wilful mutilation causing disability or death. Complicity. Extradition is to take place for participation in any of the crimes and offenses mentioned in this treaty not only as principal or accomplices, but as accessories in any of the crimes or offenses mentionel in the present article, provided such participation may be punished, in the United States as a felony and in the Republic of Cuba by imprisonment, hard labor or capital punishment. paises relativas a la abolicion de la esclavitud y a la trata de esclavos. 140. Rapto; plagio de menores 6 adultos, entendiendose por tal el hecho de apoderarse de una 6 mas personas, 6 de detenerlas para exijir, de ellas 6 de sus familias, dinero por su rescate, 6 para cualquier otro fin ilicito. 15~. HIurto 6 robo sin violencia, entendiendose por tal la sustraccion de dinero, efectos, documentos, caballos, reses, ganado 6 cualquiera otra propiedad mueble cuyo valor exceda de cincuenta pesos. 16~. Obtener, por medio de amenazas de hacer dafio, dinero, valores u otra propiedad. 17~. Golpes 6 heridas causados voluntariamente cuando de ellos resulte una dolencia 6 incapacidad permanente para el trabajo personal, la perdida 6 privacion del uso absoluto de un miembro, de la vista 6 de cualquiera otro organo, 6 la muerte sin intenci6n de causarla. La extradici6n tendra lugar por haber tomado parte, no solo como autor 6 c6mplice en cualquiera de los crimenes 6 delitos mencionados en este TratadoN sino como encubridor, en cualquiera de los crimenes 6 delitos mencionados en el presente articulo, siempre que su participaci6n se castigue en los Estados Unidos como felonia (felony) y en la Republica de Cuba con prisi6n, trabajos forzados 6 pena capital. TREATIES AND CONVENTIONS. 269 ARTICLE III. Requisitions for the surrender of fugitives from justice shall be made by the diplomatic agents of the contracting parties, or in the absence of these from the country or its seat of government, may be made by the superior consular officers. If the person whose extradition is requested shall have been convicted of a crime or offense, a duly authenticated copy of the sentence of the court in which he was convicted, or if the fugitive is merelv charged with a crime or offense, a duly authenticated copy of the warrant of arrest in the country where the crime or offense has been committed, and of the depositions or other evidence upon which such warrant was issued, shall be produced. In both cases whenever possible all facts and data necessary to establish the identity of the person whose extradition is sought shall also be presented. The extradition of the fugitives under the provisions of this treaty shall be carried out in the United States and in the Republic of Cuba, respectively, in conformity with the laws regulating extradition for the time being in force in the State in which the demand for the surrender is made. ARTICULO III. Las demandas de entrega Requisitions. de profugos de la Justicia t las haran los Agentes Di-' plomaticos de las Partes Contratantes; y, si estos estuviesen ausentes del pais o del lugar en que resida el Gobierno, podran hacerlas los funcionarios Consulares superiores. Si los individuos cuva Copies of senextradici6n se pida hubie-teqired.'' re' sen sido condenados por un crimen 6 delito, deberai presentarse copia debidamente legalizada de la sentencia dictada por el Tribunal que le conden6; y si el pr6fugo fuera simplemente acusado de un crimen 6 delito, se presentara una copia debidamente legalizada del auto 6 mandamiento de prision expedido en el pais donde el crimen 6 delito se cometio, y de las declaraciones y demis pruebas que hubiesen servido de base para librar dicho auto 6 mandamiento. En ambos casos tainbien se presentaran. siempre que sea posible, los datos y antecedentes necesarios para establecer la identidad de la persona cuya extradici6n se reclamare. La extradicion de los pr6- Proceedings. fugos, a tenor de lo dispuesto en este Tratado, se efectuara en los Estados Unidos de America y en la Repiblica de Cuba, respectivamente, de acuerdo con las leyes que sobre extradici6n estuvieren entonces vigentes en la Naci6n a quien se dirija la solicitud de entrega. 270 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE IV. Afopplication Where the arrest and dearrest. tention of a fugitive in the In the Unitednited States are desired on telegraphic or other information in advance of the presentation of formal proof, complaint on oath, as provided by the statutes of the United States, shall be made by an agent of the Government of Cuba before a judge or magistrate authorized to issue warrants of arrest in extradition cases. In Cuba. WVhen, under the provisions of this article, the arrest and detention of a fugitive are desired in the Republic of Cuba, the proper course shall be to apply to the Foreign Office, which will immediately cause the necessary steps to be taken in order to secure the provisional arrest or detention of the.fugitive. Discharge on The provisional dletenfailure to make. oi n d n formal requisi- tion of a fugitive shall ton within tv cease and the prisoner be released if a formal requisition for his surrender accompanied by the necessary evidence of his guilt has not been produced under the stipulations of this Treaty, within two months from the date of his provisional arrest or detention. ARTICLE V. Neither coun- Neither of the contracttry bound to. deliver up its ing parties shall be bound own citizens. to deliver up its own citizens ARTICULO IV. Cuando en virtud de informes telegraficos 6 de otra clase. remitidos con anterioridad a la presentacion de pruebas formales. se pretenda el arresto y detenci6n de un delincuente que se hubiere fugado 'a los Estados Unidos, un agente del Gobierno de Cuba presentara demanda jurada. segun disponen los Estatutos de los Estados Unidos ante un Juez ui otro Magistrado que tenga facultad para librar mandamientos de arresto en casos de extradicion. Cuando dentro de lo dispuesto en este articulo se desee el arresto y detencion de un delincuente que se hubiere fugado a la Repuiblica de Cuba, la petici6n se dirijira a la Secretaria de Estado, la cual dispondrai inme(liatamente que se adopten las medidas necesarias para que se lleve 'i cabo el arresto 6 detencion provisional del profugo. La detencion provisional del profugo cesara y el detenido sera puesto en libertad si dentro de dos meses contados desde la fecha de su arresto 6 detencion provisionales no se hubiese presentado formal demanda para su entrega, acompafiada de las pruebas necesarias de su culpabilidad, a tenor de las estipulaciones de este Tratado. ARTICULO V. Ninguna de las Partes Contratantes queda obligada 'a entregar a sus pro TREATIES AND CONVENTIONS. 271 under the stipulations of this Treaty. ARTICLE VI. A fugitive criminal shall not be surrendered if the offense in respect of which his surrender is demanded be of a political character, or if it is proved that the requisition for his surrender has, in fact, been made with a view to try or punish him for an offense of a political character. An attempt against the life of the head of a foreign government or against that of any member of his family when such attempt comprises the act either of murder, assassination, or poisoning, shall not be considered a political offense or an act connected with such an offense. No person surrendered by either of the contracting parties to the other shall be triable or tried, or be punished, for any political crime or offense, or for any act connected therewith, committed previously to his extradition. If any question shall arise as to whether a case comes within the provisions of this article, the decision of the authorities of the government on which the demand for surrender is made, or which may have granted the extradition shall be final. ARTICLE VII. Extradition shall not be granted, in pursuance of the provisions of this Treaty if legal proceedings or the enforcement of the penalty for pios ciudadanos en virtud de las estipulaciones de este Tratado. ARTiCULO TVI. No serb entregado el cri- No surrender for political minal fugitivo si el delito ofense1s. con respecto al cual se solicita su entrega es de caracter politico, 6 si se prueba que la reclamaci6n de su entrega se ha formulado en realidad con el objeto de enjuiciarlo o castigarlo por un delito de caraccter politico. No sera reputado delito A t t e m p ts politico, ni hecho conexo governt head o con semejante delito, el aten- a political oftado contra la persona delfen Jefe de un Estado Extranjero 6 contra los miembros de su familia cuando el hecho en que consista el atentado constituya delito de homicidio, asesinato 6 envenenamiento. Ninguin individuo entre- Political ofgado por una a la otra de ensesrior to las Partes Contratantes sertL acusado, procesado, ni penado por ningun crimen, 6 delito politico, ni por acto alguno con el mismo relacionado y cometido antes de su extradici6n. Cuando surgiere alguna Decision. duda respecto a si son aplicables a un caso dado las disposiciones de este articulo, lo que resolvieren las Autoridades del Gobierno a quien se pidiere la entrega 6 que hubiese accedido a la extradici6n, sera definitivo. ARTICULO VII. No se concedera la extra- No delivery dici6n en conformidad con bf trial barron las disposiciones de este Tratado si, segin las leyes del pais requerido, hubie 272 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. the act committed by the person claimed has become barred by limitation. according to the laws of the country to which the requisition is addressed. ARTICLE VIII. Trials t o b e NO person surrendered by el fs for either of the contracting tw h e c extra- parties to the other shall, iwithout his consent, freely granted and publicly declared by him, be triable or tried or be punished for any crime or offense committed prior to his extradition, other than that for which he was delivered up, unless the said person shall have been at liberty to leave the country for a month after having been tried, and in case of conviction, a month after having served sentence or being pardoned. ARTICLE IX. Disposal Cf All articles found in the articles seized possession of the person to be surrendered, whether being proceeds of the crime or offense, or being material as evidence in making proof of the crime or offense, shall, so far as practicable, and in conformity with the laws of the respective countries, be seized and surrendered with his person. Nevertheless the rights of third parties with regard to such articles shall be duly respected. ARTICLE X. e r s o n s If the individual claimed tclaimer tr by bv one of the contracting other countries. - parties, in pursuance of the present Treaty, shall also be claimed by one or several sen prescrito los procedimientos legales 6 la acci6n penal correspondientes al hecho cometido por la persona reclamada. ARTICULO VIII. Ninguin individuo entregado por una de las Partes Contratantes a la otra podri ser acusado, procesado ni penado, sin su consentimiento prestado libre y publicamente, por ninguin crimen 6 delito anterior i su extradicion, que no fuere el que motiv6 su entrega; ai no ser que dicho individuo hubiese estado en libertad de abandonar el pais durante un mes despues de haber sido juzgado, y, en caso de condena, un mes despues de haberla cumplido 6 de haber sido indultado. ARTICULO IX. Todos los objetos que se encontraren en poder de la persona reclamada, ya scan fruto del crimen 6 delito imputados, ya piezas que puedan servir de prueba del mismo crimen 6 delito, deberain ser secuestrados y entregados con su persona, en cuanto fuere practicable, con arreglo a las leyes de sus respectivos paises. Sinembargo, se respetarain debidamente los derechos de terceros con respecto a esos objetos. ARTICIULO X. Si el individuo reclamado por una de las Partes Contratantes, en conformidad con el presente Tratado, lo fuere tambien por otro u TREATIES AND CONVENTIONS. 273 other powers on account of crimes or offenses committed within their respective jurisdictions, his extradition shall be granted to the state whose demand is first received, unless the government from which extradition is sought is bound by treaty to give preference to another. If the said individual shall be indicted or convicted in the country from which extradition is sought, his extradition may be deferred until the proceedings are abandoned, the individual set at liberty or discharged or has served his sentence. ARTICLE XI. The expenses incurred in the arrest, detention, examination and delivery of fugitives under this treaty shall be borne by the State in whose name the extradition is sought: Provided, that the demanding government shall not be compelled to bear any expense for the services of such public officers of the government from which extradition is sought as receive a fixed salary; and, provided, that the charge for the services of such public officers as receive only fees or perquisites shall not exceed their customary fees for the acts or services performed by them had such acts or services been performed in ordinary criminal proceedings under the laws of the country of which they are officers. otros paises por raz6n de crimenes 6 delitos cometidos dentro de sus respectivas jurisdicciones, se concederai su extradicion a la Nacion cuya solicitud se hibiese recibido primero, a menos que el Gobierno de quien se solicite la extradici6n est6 comprometido por Tratado a concederle a otro la preferencia. Si dicho individuo se ha- Extradition may be dellase procesado 6 condenado ferred. en el Estado requerido, su extradicion podra ser diferida hasta que se sobresean los procedimientos, sea declarado libre 6 absuelto, 6 haya sufrido su pena. ARTiCULO XI. Los gastos que ocasionare Expenses. el arresto, detencion, declaraciones y entrega de profugos, en virtud de lo dispuesto en este Tratado, seran de ouenta del pais en cuyo nombre se solicite la extradici6n; pero entendiendose que al Gobierno requirente no se obligarat a sufragar ningiin gasto por los servicios que prestaren los empleados publicos con sueldlo fijo del Gobierno de quien se solicite la extradicion; y asimismo se entendera que el importe de los servicios prestados por empleados publicos que s6lo perciban derechos 6 emolumentos no excedera de lo que habitualmente cobrarian por esas diligencias 6 servicios en las actuaciones criminales ordinarias, segun las leyes del pais en que esten empleados. 274 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. ARTICLE XII. ARTICULO XII. Effect. The present treaty shall take effect on the thirtieth day after the date of the exchange of ratifications. I.xchange of The ratifications of the ratfications. present treaty shall be exchanged at Washington as soon as possible, and it shall remain in force for a period of six months after either of the contracting governments shall have given notice of a purpose to terminate it. Signatures. In witness whereof, the respective Plenipotentiaries have signed the above articles both in the English and Spanish languages, and hereunto affixed their seals. Done in duplicate, at the City of Washington this sixth day of April, nineteen hundred and four. El presente Tratado comenzara a regir treinta dias despues de la fecha en que se efectle el canje de r'atificaciones. Las ratificaciones del presente Tratado serin canjeadas en Waishington i la mayor brevedad posible, y continuara en vigor durante los seis meses siguientes i la notificacion que uno de los G(obiernos contratantes hiciere al otro comunieicindole su intencion de separarse del mismo. En testirmonio de lo cual los respectivos Plenipotenciarios han suscrito los precedentes articulos en los idionmas ingles y castellano y puesto al pie sus sellos. Hecho por duplicado en la Ciudad de Wa'shington el dia seis de Abril de mil novecientos cuatro. JOIH HAY [SEAL] GONZALO DE QUESADA [SEAL] Ratification. And whereas the said treaty has been duly ratified on b)oth parts, and the ratifications of the two governments were exchanged in the City of Washington, on the thirtyfirst day of January one thousand nine hundred and five; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Treaty to be made public, to the end that the same and every article and clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington, this eighth day of February, in the year of our Lord one thou[SEAL] sand nine hundred and five, and of the Independence of the United States of America the one hundred and twenty-ninth. THEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. TREATIES AND CONVENTIONS. 275 Protocol amending Spanish text of Cuban Extradition t3,3 tats..73 Treaty signed April 6, 1904. Signed at lVaslhington. December 6, 1904; ratification adoised by the Senate, December 15, 1904; ratified by the President, January 24, 1905; ratified by Cuba, Januarty 16, 1905; ratifications exchanged at IW as/hington, Jant ary 31, 1905; pr)claimed, February 8, 1905. BY THE PRESIDENT OF TIHE UNITED STATES OF AMERICA. A PROCLAMATION. Whereas a Protocol between the United States of Preamble. America and the Republic of Cuba by which the United States accepts certain amendments made by the Cuban Senate in the Spanish text of Article II of the extradition treaty between the two countries signed April 6, 1904, was concluded and signed by their respective Plenipotentiaries at Washington on the sixth day of December, one thousand nine hundred and four, the original of which Protocol being in the English and Spanish languages, is word for word as follows: PROTOCOL. PROTOCOLO. The undersigned, the Secretary of State of the United States of America and the Envoy Extraordinary and Minister Plenipotentiary of Cuba, being duly authorized, have agreed to modify the Spanish text of sections 1, 3, 5, 6, 7, 14 and 16 of the Article II of the Treaty of Extradition signed on the 6th of April, 1904, by substituting them by the following, in. conformity with the amendments which were adopted by the Senate of the Republic of Cuba, with a view to making the said Spanish text correspond more closely with the English text, and to a more exact definition of the crimes and offenses therein specified, in the technical terms of the Cuban law. Los infrascritos, el Secre- Contrac t i g tario de Estado de los Estados Unidos de America y el Enviado Extraordinario y Ministro Plenipotenciario de Cuba, debidamente. autorizados, han acordado modificar el texto castellano de los nuimeros 1, 3, 5, 6, 7, 14 y 16 del Articulo II del Tratado de Extradicion, firmado el 6 de Abril de 1904, sustituyendolos por los siguientes, de acuerdo con las enmiendas que fueron adoptadas por el Senado de la Repilblica de Cuba, con el objeto de ajustar dicho texto castellano al ingles y definir con mas precision los crimenes y delitos, estipulados en dicho Tratado en los terminos tecnicos de la Ley de Cuba. 276 LAWS RELATING TO INSULAR A-ND MILITARY AFFAIRS. ARTi'CULO IT. Modifications 1. Homicidio, incluso los delitos designados en el C6lin Spanish text. (ligo Penal de Cuba con los nombres de asesinato, parricidio, infanticidio y envenenamiento, homicidio voluntario; el delito frustrado 6' la tentativa de enaiquiera de ellos. 3. Robo, entendie'ndose por tal la sustracci6n de dinero, inercanci as, documentos ul otra propiedad ajenos, emplelando para ello, fuerza, violencia 6' intimidacio'n; y el acto (Ie asaltar la casa, de otro de noche con escalamiento 6' fractura y con la intencion de cometer un delito; robo en casa habitada y robo en establecimiento cornercial 6' industrial. 5. La fabricacio'n de moneda, falsa, bien sea elta, metalica, 6 en papel, ti'tulos 6, cupones falsos de la Deudta Ptiblica, billetes de Banco 11i otros instrumentos de cre'dito ptiblico, de sellos, de tirubres, cufios y inarcas falsas de Administraciones, del Estado 6' Piiblicas y la expendicion, circulacio'n 6' uso fraudulento de enaiquiera de los objetos mencionados. 6. Malversacion de fondos pilblicos comnetida por empleados pulblicos 6' depositarios, defraudacio'n realizada por personas ai sueldo 6' salario en perjuicio de aquel que' lo tiene 'a 511 servico, obtener dinero, valores Ui otros bienes nmebles por maquinaciones 6' artificios cuando estos delitos este'n penados por las leyes de ambos paiIses y el valor de lo obtenido no sea menor de doscientos pesos enl oro. 7. Fraude 6' defraudaci6n (61 el delito correspondiente definido en el Co'digo Penal de Cuba, como defraudacio'n) por un depositario, banquero, agente, factor Ii otra persona que administre bienes 6' que proceda por encargyo de otra 6 director 6' miembro 6 funcionario de una compafiffa, cuando las leyes de ambos paiIses declaren punible dicho acto y el valor de lo defraudado no sea menor de doscien.tos pesos. 14. llapto, secuestro de menores 6' adultos, entendie'ndose por tal el hecho de apoderarse de una 6' ma's personas, 6' de detenerlas para exigir de ellas 61 de suis f amilias dinero por su rescate, 6 para cualquier otro fin ilicito. 16. Obtener por medio de amenzas de hacer daflo, dinero, valores ul otra propiedad mueble. The present Protocol shall El presente Protocolo sera' be submitted for approval sometido 'a la aprobacio'n to the Senate of the United del Senado de los Estados States of America. Unidos. Done at the City.of Hecho en la Ciudad de Washington this 6th day of Waishington 'a los seis difas December, in the year 1904. de Diciembre del aflio 1904. Signatures. JOHN HAY [SEAL] GoNiZALO DE QUESADA [SEAL] TREATIES AND CONVENTIONS. 277 And whereas the said Protocol has been duly ratified Ratificaton. on both parts, and the ratifications of the two governments wete exchanged in the City of Washington, on the thirty-first day of January, one thousand nine hundred and five; Now, therefore, be it known that I, Theodore Roosevelt, President of the United States of America, have caused the said Protocol to be made public, to theend that the same and every clause thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In testimony whereof, I have hereunto set my hand and caused the Seal of the United States of America to be affixed. Done at the City of Washington, this eighth day of February, in the year of our Lord one thou[SEAL.] sand nine hundred and five, and of the Independence of the United States of America the one hundred and twenty-ninth. TIIEODORE ROOSEVELT By the President: JOHN HAY Secretary of State. 3449-(07) 20 Ii ra PROCLAMATIONS BY THE PRESIDENT OF THE UNITED STATES. No. 4. June 26, 1903. BY THE PRESIDENT OF THE UNITED STATES A PROCLAMATION. 33eamble.., hereas, by "An Act Authorizing the President to rept. 2, p. 2314. serve public lands and buildings in the island of Porto Rico for public uses, and granting other public lands and buildings to the government of Porto Rico, and for other purposes," approved July 1, 1902, the President is authorized to make, within one year after the approval of said act such reservation of public lands and buildings belonging to the United States in the Island of Porto Rico for military, naval, light-house, marine hospital, post offices, custom houses, United States Courts and other public uses as he may deem necessary, all public lands and buildings, not including harbor areas, navigable streams and bodies of water and the submerged land underlying the same, owned by the United States in said Island and not so reserved, being granted to the government of Porto Rico upon the condition that such government by proper authority, release to the United States any interest or claim they may have in or upon the lands or buildings reserved under the provisions of said act; and' Whereas, the government of Porto Rico, by an act of the Legislative Assembly of said Island entitled "An Act Authorizing the Governor of Porto Rico to convey certain lands to the United States for naval, military and other public purposes," approved February 16, 1903, has authorized the governor of Porto Rico to release any interest or claim that the people of said Island " now have or may hereafter acquire in and upon any lands or buildings belonging to the United States," for public uses under and by virtue of the power vested in the President under the terms of the act of the Congress above cited; Public lands Now, Therefore, I, THEODORE ROOSEVELT, President of In Porto Rico reserved forthe United States, by virtue of the authority in me vested, naval purposes. and in pursuance of said Act of the Congress, approved July 1, 1902, do hereby declare, proclaim and make known that the following described lands be, and the same are hereby, reserved for naval purposes, to-wit: 279 280 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. All public lands, natural, reclaimed, partly reclaimed, or which may be reclaimed, in the island of Porto Rico, embraced within the following boundaries: 1. The public land lying south of the Caguas Road, Description. shown on the United States Hydrographic Map No. 1745 of July, 1898, and for 250 feet north of said Caguas Road, to be bounded on the west by a true north and south line passing through the eastern corner of the railway station shown on said map, on the south by the shore of the harbor, and to extend east 2400 feet, more or less, to include 80 acres; provided, however, that there may be excepted from the foregoing reservation such areas as may by the Secretary of the Navy be deemed requisite to provide suitable access to the City of San Juan across said reservation by railroad or other public highways. 2. The entire island lying to the southward of the above described reservations, and shown on the United States Hydrographic Map No. 1745 of July 1898 as Isla Grande (or Manglar), said island being more particularly described as situated in the northeastern part of the harbor of San Juan, Porto Rico, and bounded on the north by the Cano de San Antonio and the strait connecting the Cano de San Antonio with Miraflores Bay, on the east by the strait connecting the Cano de San Antonio with Miraflores Bay and by Miraflores Bay; on the south by Miraflores Bay and by the waters of that part of the harbor of San Juan which separates Isla Grande from Anegado and Largo shoals, and on the west by that part of the waters of the harbor of San Juan which separates Isla Grande from the city of San Juan and the Puntilla. 3. All public lands and the structures thereon, situated on the peninsula extending into the harbor on the south side of the city of San Juan, Porto Rico, known as the Barrio de la Puntilla, or Puntilla Point, bounded on the north by the south boundary of the Paseo de la Princesa, and on the east, south and west, by the navigable waters of the harbor of San Juan, at such port warden's line as may be established by competent authority. 4. The public lands south of the Scarf wall on the Pun- Infra. tilla, known as the Park and the Presidio and bounded on the north by the said Scarf wall; on the east by a line drawn 74 feet east of the northeast corner of the San Justo Bastion; on the south by the south side of Paseo de la Princesa; and on the west by the deep water channel of the harbor entrance. 5. All public lands and buildings thereon, belonging to the United States on the Island of Culebra and adjacent keys, lying between the parallels of 18~ 15' and 18~ 23' north latitude and between the meridians of 65~ 12' and 65~ 25' west longitude. In witness whereof, I have here unto set my hand and caused the seal of the United States to be affixed. PROCLAMATIONS BY THE PRESIDENT. 281 Done at the City of Washington, this 26th day of June in the year of our Lord one thousand, nine [SEAL.] hundred and three, and of the independence of the United States the one hundred and twentyseventh. THEODORE ROOSEVELT By the President: JOIN H1AY Secretary of State. ORDER REVOKING RESERVATION OF THE PRESIDIO. It is hereby ordered that so much of the order or proclamation upra by me signed on June 26, 1903, reserving certain lands in the Island of Porto Rico for naval uses as set apart and reserved that certain building and tract of land known as The Presidio or penitentiary at San Juan. be and the same is hereby modified, and the said tract of land together with the buildings thereon are hereby ordered withdrawn from the operation of the said above referred to proclamation or order, and from any and all effect thereof. THEO)ORE ROOSEVELT. WHITE HOUSE, June 30, 1903. BY THE PIRESII)ENT OF THE UNITED STATES No. 5. June 30. 1903. A PROCLAMATION. 33 Stats. L., pt. 2, p. 2315. Whereas, by "An Act Authorizing the President to re- Preamble. serve public lands and buildings in the island of Porto Rico for public uses, and granting other public lands and buildings to the government of Porto Rico, and for other purposes," approved July 1, 1902, the President is authorized to make, within one year after the approval of said act such reservation of public lands and buildings belonging to the United States in the Island of Porto Rico for mlilitary, naval, light-house, marine hospital, post offices, custom houses, United States Courts and other public uses as lie may deem necessary, all public lands and buildings, not including harbor areas, navigable streams and bodies of water and the submerged land underlying the same, owned by the United States in said Island and not so reserved, being granted to the government of Porto Rico upon the condition that such government by proper authority, release to the United States any interest or claim they may have in or upon the lands or buildings reserved under the provisions of said act; and Whereas, the government of Porto Rico, by an act of the Legislative Assembly of said Island entitled "An Act Authorizing the Governor of Porto Rico to conve- certain lands to the United States for naval, military and other public purposes," approved February 16, 1903, has authorized the governor of Porto Rico to release any interest or claim that the people of said Island " now have or may hereafter acquire in and upon any lands or buildings 282 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. belonging to the United States," for public uses under and by virtue of the Power vested in the President under the terms of the act of the Congress above cited; inPubli lanid Now Therefore, I, TH1EODORE ROOSEVELT, President of reserved for the United States, by virtue of the authority in me vested, public uses. and in pursuance of said Act of the Congress, approved July 1, 1902, do hereby declare, proclaim and make known that the following described lands be, and the same are hereby, reserved. ublicriptbuild For a public building site in the city of San Juan the ing site. following parcel of land. That certain tract or piece lying in a northerly direction from block number fifty five of said city and southerly and westerly from block number ninety, the said tract being now vacant and containing an approximate area of one thousand by two hundred feet,-as appears by a mnap of San Juan, compiled in the office of the Bureau of Iublic Works, by A. Morales, in 1901. Marine hos For the use of the Marine hospital service, a parcel of pl al. land at San Juan lying next west of the north and south line of the eastern boundary line of the military reservation west of the first line of defense, near San Antonio bridge,-running three hundred feet front east and west along the so called military roa.l and extending toward the north to the old.stone ditch defense. hoCus t o m- For Custom.House purposes: The lots and buildings used and occupied as custom houses at Ponce, Mayaguez and H-umacao and the right until otherwise ordered to the use of the lots and buildings within the Puntilla point at San Juan now used and occupied by the Custom authorities for custom house purposes in said city. Light-houses, For light house and buoy purposes at San Juan: Beginning at a point S. 45 deg. E., 8 ft. from corner of parapet; thence S. 45 deg. E., 7.9 ft.; thence S. 7.9 ft.; thence S. 5 deg. E., 4.3 ft.; thence W., 10 ft., thence N. 45 deg. W. 108 ft.; thence N. 7 ft.; thence E. 5' ft.; thence N. 3 ft.; thence N. 45 deg. E., 7.9 ft.; thence E. 7.9 to point of beginning. Contains 400 sq. ft. The San Juan Bastion. Beginning at S. E. cor. of bastion, thence N. 12 deg. 45 W., 36.5 ft.; thence along curb line S. 87 deg. 45 W., 104.5 ft.; thence S. 5 deg. 15 W., 39.5 ft.; thence S. 68 deg., E., 63.2 ft.; thence N. 61 deg. E., 63 ft., to point of beginning. Contai- 0.111 acre. Land Adjacent to San Juan Bastion. Beginning at the N. E. corner of San Justo Bastion, thence North 78 deg., 30 East, 86.4 feet; thence South 16 deg., East 41.7 ft.; thence South 39 deg., 45 West, 67.6 feet; thence South 88 deg. West, 91.6 feet; thence North 18 feet; thence North 61 deg. East, 63 feet; thence North 12 deg.. 45 West, 32.5 feet; to point of beginning. Contains 0.168 acre. PROCLAMATIONS BY THE PRESIDENT. 283 For Lamp Shop and Buoy Depot: Lamp shops, Beginning at a point in the centre of proposed street; South 75 deg., 56 East, 1356 feet from N. E. corner of Military Ovens and South 4 deg. 55 East, 505 feet from S. W. corner of Industrial School; thence North 4 deg. 37 East, 438 feet;. thence North 83 deg., 20 West, 100 feet; thence South 4 deg. 37 West, 993 feet; thence South 85 deg., 23 East 100 feet; thence North 4 deg. 37 East, 555 feet to point of beginning. Contains 2.28 acres. Also for light house purposes at Cape San Juan, an Light-houses. area of l-%2 acres; also at Point Mulas an area of ground of 2f6o acres; also at Point Ferro an area of lV acres; also at Point Tuna an area of 4 2 4 acres; also at Point Figuras an area of 1 acre; also at Muertos Island an area of 7T2-8 acres; also at Guanica an area of 1ST6 acres; also at Cape Rojo an area of 8I-o~ acres; also at Point Jiguero an area of 2-f4- acres; also at Point Borinquen an area of 166o acres; also at Arecibo an area of 7y - acres, all as indicated on maps and plats prepared by the Light House Bureau of the Third Light House District of Porto Rico, which said maps and plats showing the aresa reserved have been this day by me signed and ordered filed in the Department of State; Also for Light House purposes at Mona Island a tract of land at and about the present light house station consisting of the area which lies East of a North and South line 500 ft. to the westward of the centre of the present light house in said Island; also that Island lying south of Ponce known as Cardona Island. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this 30th day of June in the year of our Lord one thousand, nine [SEAL.] hundred and three, and of the independence of the United States the one hundred and twenty-seventh. THEODORE ROOSEVELT By the President: FRANCIS B LOOMIS Acting Secretary of State BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, No. 190. Oct. 20, 1903. 33 Stats. L., A PROCLAMATION. pt. 2, p. 2319. Whereas, by the resolution of the Senate of March 19, Preamble. 1903, the approval by Congress of the reciprocal Commercial Convention between the United States and the a Reference to the maps and charts mentioned would seem.to indicate that this is an error in copying and that the word should be " areas." 284 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Republic of Cuba, signed at Havana on December 11, 1902, is necessary before the said Convention shall take effect; And Whereas, it is important to the public interests of the United States that the said Convention shall become operative as early as may be; Conveningex- Now, Therefore, I, THEODORE ROOSEVELT, President of traorinary the United States of America, by virtue of the power session of Congress. vested in me by the Constitution, do hereby proclaim and declare that an extraordinary occasion requires the convening of both Houses of the Congress of the United States at their respective Chambers in the city of Washington on the 9th day of November next, at 12 o'clock noon, to the end that they may consider and determine whether the approval of the Congress shall be given to the said Convention. All persons entitled to act as members of the 58th Congress are required to take notice of this proclamation. Given under my hand and the Seal of the United States at Washington the 20th day of October in the year of our Lord one thousand nine hundred and [SEAL.] three and of the Independence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: JOhN HAY Secretary of State. No. 12. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA, Nov. 17, 1903. Preamble. Vol. 26, p. A PROCLAMATION. 1110. 33 Stats. L., WHEREAS, it is provided by section 13 of the act of pt. 2, p. 2324. Congress of March 3, 1891, entitled "An act to amend title sixty, chapter three, of the Revised Statutes of the United States, relating to copyrights ", that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens; or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may, at its pleasure, become a party to such agreement "; AND WHEREAS it is also provided by said section that " the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require "; AND WHEREAS satisfactory official assurances have been given that in Cuba the law permits to citizens PROCLAMATIONS BY THE PRESIDENT. 285 of the United States the benefit of copyright on substantially the same basis as to the citizens of Cuba: NOW, THEREFORE, I, THEODORE ROOSEVELT, Pres- Copyright ident of the United States of America, do declare andltenet its xproclaim that the first of the conditions specified in se- zens of Cuba. tion 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the citizens of Cuba. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this 17th day of November one thousand nine hundred and three [SEAL.] and of the independence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: JoHN HAY Secretary of State. BY TIHE PRESIDENT OF THE UNITED STATES OF A MERICA, No. 15.. Dec. 28, 190:3. PR~OCLMAMATION. 33 Stats. L., Whereas, the maintenance of light-houses and other Preamble. aids to navigation in the Territory of Hawaii is necessary for the safe navigation of the waters thereof by the vessels of the Navy and of the merchant marine of the United States, and for the promotion of its commercial interests, Now, therefore, I, Theodore Roosevelt, President of Hawaii. Light- h o u se the United States, by virtue of the authority in me vested, establish m net and pursuant to Section 91 of the Act of April 30, 1900, ff. tket, f o f entitled An Act to provide a government for the Terri- the Tin ited tory of Hawaii, do hereby declare and proclaim that all States. the public property of the former government of the Republic of Hawaii ceded heretofore to the United States, consisting of light-houses and the public lands adjacent thereto and used in connection therewith, to the extent of five acres, or thereabout, adjacent to each light-house, when practicable to obtain so much, the exact location of said land and its metes and bounds to be hereafter determined and defined by the Light-House Board, light-vessels, light-house tenders, beacons, buoys, sea-marks and their appendages, and all apparatus, supplies and materials of all kinds provided therefor, and all the archives, books, documents, drawings, models, returns, and all other things appertaining to any light-house establishment maintained by the said government of the former Republic of Hawaii, be and hereby are taken for the uses Placed under and purposes of the United States, and the Department Department of of Commerce and Labor, through the Light-House Board, abomre' and of Cmmere an Labr, iLabor. 286 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. is hereby charged with all administrative duties relating to the said light-house establishment. In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington, this twenty-eighth day of December, in the year of our Lord one thousand nine hundred and three, and of the independ[SEAL.] ence of the United States the one hundred and twenty-eighth. THEODORE ROOSEVELT By the President: FRANCIS B. LoorIs Acting Secretary of State. APPENDIX. LEADING CASES, WITH STATEMENTS AND SYLLABI, WHICH AROSE IN OR RELATE TO THE INSULAR AND ISTHMIAN POSSESSIONS OF THE UNITED STATES, AND CUBA, HEARD AND DECIDED IN THE SUPREME COURT OF THE UNITED STATES BETWEEN JANUARY 1, 1898, AND DECEMBER 3, 1906. 287 I DECISIONS OF THE SUPREME COURT. Supreme Court of the United States. IN RE VIDAL. JosE JUAN VIDAL ET AL. Application for leave to file a petition for a writ of certiorari. (179 U. S. i26.) Original. No number. Submitted April 23, 1900. Decided November 12, 1900. SYLLABUS. Section 716, Rev. Stat.. does not empower this Court to review the proceedings of military tribunals by certiorari. The act of April 12, 1900 (c. 191), having discontinued the tribunal established under that act, and created a successor, authorized to take possession of its records and to tlake jurisdiction of all cases and proceedings pending therein, this Court has no jurisdiction to review its proceedings. Such tribunals are not courts with jurisdiction in law or equity, within the meaning of those terms as used in article 3 of the Constitution. Opinion by Fuller, C. J. No dissenting opinion. Leave denied. This was an application for leave to file a petition for writ of certiorari to test the validity of the judgment of the United States provisional court of Porto Rico in a quo warranto proceeding to oust petitioner and others from municipal offices in the town of Guayamia. Supreme Court of the United States. Charles F. W. Neely, Appellant, v. Wm. Henkel, United States Marshal, etc., Appellee (No. 1). Appeal from the circuit court of the United States for the southern district of New York. (180 U. S. 109.) No. 387. October term, 1900. Argued December 10 and 11, 1900. Decided January 14,1901. SYLLABUS. There is no merit in the contention that Article 401 of the Penal Code of Cuba, which provides that the public emnploye, who, by reason of his office, has in his charge public funds or property, and takes or consents that others should take any part therefrom, shall be punished. applies only to persons in the public employ of Spain. Spain having withdrawn from the island, its successor has become " the public," to which the code, remaining unrepealed, now refers. 289 290 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Within the meaning of the act of June 6, 1900 (c. 793, 31 Stat., 656), providing for the surrender of persons committing defined crimes within a foreign country occupied by or under the control of the United States, and fleeing to the United States, or any Territory thereof, or the District of Columbia, Cuba is foreign territory which can n(lt be regarded in any constitutional, legal or internatiomal sense as a part of the territory of the United States; and this is not affected by the fact that it is under a military governor, appointed by and representing the President in the work of assisting the inhabitants of the island in establishing a government of their own. As between the United States and Cuba that island is territory held in trust for its inhabitants, to whom it rightfully belongs, and to whose exclusive control it will be surrendered when a stable government shall have been established by their voluntary action. The act of June 6, 1900, is not unconstitutional in that it does not secure to the;;'cused when surrendered to a foreign country for trial all the rights, privileges and immunities that are guaranteed by the Constitution to persons charged with the commission in this country of crime against the United States. The provisions of the Constitution relating to writs of habeas corpus, bills of attainder, ex post facto laws, trial by jury for crimees, and generally to the fundamental guarantees of life, liberty and property embodied in that instrument have no relation to crimes committed without the jurisdiction of the lUnited States, against the laws of a foreign country. When an American citizen commits a crime in a foreign country, he can not complain if required to submit to such modes of trial and to such punishment as the laws of that country may prescribe for its own people, unless a different mode be provided for by treaty stipulations between that country and the United States. The contention that the United States recognized the existence of an established government, known as the Republic of Cuba, but is now using its military or executive power to overthrow it, is without merit. The act of June 6, 1900, is not in violation of the Constitution of the United States, and this case comes within its provisions; and, the court below having found that there was probable cause to believe the appellant guilty of the offenses charged, the order for his extradition was proper, and no ground existed for his discharge on habeas corpus. Opinion by Harlan, J. No dissenting opinion. Judgment of the Circuit Court affirmed. Briefly stated, this was a habeas corpus proceeding to test the constitutionality of an act-act of June 6, 1900-providing for extradition of persons charged with offenses committed in territory under the control of the United States. Supreme Court of the United States. Charles F. WV. Neely, Appellant, r. Wm. Henkel, United States Marshal, etc., Applellee (No. 2). Appeal from the circuit court of the United States for thie southern district of New York. (180 U. S. 126.) No. 406. October term, 1900. Argued December 10 and 11, 1900. Decided January 14, 1901. SYLLABUS. The record in this case, it is admitted, shows the same state of facts as in the case just decided (No. 387, 180 U. S. 109). This was a second application for a writ of habeas corpus, upon substantially the same grounds as were SUPREME COURT DECISIONS. 291 urged in the other case. The additional allegations in this application for the writ did not materially change the situation. For the reasons stated in the opinion just delivered, the judgment of the circuit court is affirmed. Opinion by Harlan, J. No dissenting opinion. Affirmed. This case was argued with, and the decision follows that in, No. 387, (180 U. S., 109), by the same counsel. The Supreme Court of the United States. ELIAS S. A. DE LIMA, ELIAS A. DE LIMA, AND EDWARD DE LIMA, COMIPOSING THIE FIR31L OF D. A. I)E LIMA & Co., PLAINTIFFS IN ERROR, t. GEORGE II. BIDWELL, COLLECTOR OF THE PORT OF NEW YORK, DEFENDANT IN ERROR. Error to the circuit court of the United States for the southern district of New York. (182 U. S. 1.) No. 456. Argued January 8, 9, 10, 11, 1901. I)eci(led May 27, 1901. SYLLABUS. By the customs administrative act of 18)0 an appeal is given from the decision of the collector " as to the rate and amount of the duties chargeable upon imported merchandise" to the Board of General Appraisers, who are authorized to decide "as to the construction of the law and the facts respecting the classification of such merclhandise; and the rate of duties imposed thereon under such classification; " but where the merchandise is alleged not to have been imported at all, but to have been brought from one domestic port to another, the Board of General Appraisers has no jurisdiction of the case, and an action for money had and received will lie against the collector to recover back duties assessed by him upon such property and paid under protest. With the ratification of the treaty of peace between the United States and Spain. April 11, 1899, the island of Porto Rico (eased to be a "foreign country " within the mleaning of the tariff laws. Whatever effect be given to the act of March 24, 1900, applying for the benefit of Porto Rico the duties received on importations from that island after the evacuation by the Spanish forces, it has no aplication to an action brought before the act Nwas passed. Opinion by Brown, J. Concurring, Fuller, Harlan, Brewer, Peckham, JJ. Dissenting, McKenna, Shiras, White, and Gray (in a separate opinion), JJ. The judgment of the circuit court for the southern district of New York is therefore reversed and the case remanded to that court for further proceedings in consonance with this opinion. This is one of the " Insular tariff cases." The question was raised "whether territory acquired by the United States by cession from a foreign power remains a 'foreign country' within the meaning of the tariff laws." The circuit court, southern district of New York, held it was " foreign country," which decision, however, was reversed by the Supreme Court of the United States. 292 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. This case arose through the importation of sugar from Porto Rico into the United States (at New York) in the summer of 1899, after the ratification of the treaty of peace with Spain and before the taking effect of the Foraker Act for the government of Porto Rico. Supreme Court of the United States. No. 340. JOHN H. GOETZE, DOING BUSINESS UNDER THE FIRM NAME OF JOHN H. GOETZE & COMPANY, APPELLANT, V. THE UNITED STATES. No. 515. GEORGE W. CROSSIMAN AND HERMANN SIELCKEN, COMPOSING THE FIRM OF W. H. CROSSMAAN & BRO., APPELLANT, V. THE UNITED STATES. Appeal from the Circuit court of the United States for the southern district of New York. (182 U. S., 221.) October term, 1900. No. 340 was argued Iecembelr 17, 18, 19, and 20, 1900; No. 515 was argued January 14 and 15, 1901. The two were decided together May 27, 1901. SYLLABUS. De Lima v. Bidwell, 182 U. S., 1 (case No. 456), followed by reversing the action of the general appraisers. Opinion by Brown, J. No dissenting opinion. With the ratification of the treaty of peace between the United States and Spain, April 11, 1899, the island of Porto Rico ceased to be a " foreign country " within the meaning of the tariff laws. The judgments of the circuit court are therefore reversed and the cases remanded to that court with instructions to reverse the action of the board of general appraisers. These were petitions for a review of two decisions of the board of general appraisers, holding subject to duty certain merchandise, imported, in one case from Porto Rico, and in the other, from Honolulu, in the Hawaiian Islands (p. 221). No. 340. Goetz v. U. S. The importation in this case consisted of tobacco which was imported from Porto Rico into the United States (at New York) on June 6, 1899, after the ratification of the treaty of peace with Spain and before the taking effect of the Foraker Act for the government of Porto Rico. No. 515. Crossman v. U. S. This importation consisted of liquors, imported from Hawaii into the United States in April, 1900, after the passage of the resolution of annexation (July 7, 1898) and before the taking effect of the act of April 30, 1900, which provided a government for that Territory. There was no decision of these cases on the merits, the Supreme Court holding that the Board of General Appraisers had no jurisdiction of the cases. Both of the cases are among those known as the " Insular Tariff Cases." SUPREME COURT DECISIONS. 293 Supreme Court of the United States. HENRY W. DOOLEY ET AL., ENGAGED IN TRADE AND COMMERCE BETWEEN PORTO RIco AND NEW YORK UNDER THE FIRM NAME OF DOOLEY, SMITH & CO., PLAINTIFFS IN ERROR, V. THE UNITED STATES. Error to the circuit court of the United States for the southern district of New York. (182 U. S., 222.) No. 501. October Term, 1900. Argued January 8, 9, 10, 11, 1901. Decided May 27, 1901. SYLLABUS. The Court of Claims and the circuit courts, acting as such, have jurisdiction of actions for the recovery of duties illegally exacted upon merchandise alleged not to have been imported from a foreign country. Duties upon imports from the United States to Porto Rico, collected by the military commander and by the President as Commander in Chief, from the time possession was taken of the island until the ratification of the treaty of peace, were legally exacted under the war power. As the right to exact duties upon importations from Porto Rico to New York ceased with the ratification of the treaty of peace, the correlative right to exact duties upon imports from New York to Porto Rico also ceased at the same time. Opinion by Brown, J. Concurring, Fuller, Harlan, Brewer, Peckham, JJ. Dissenting, White, Gray, Shiras, McKenna, JJ. The judgment of thQ circuit court is therefore reversed and the case remanded to that court for further proceedings in consonance with this opinion. This, too, is one of the cases commonly known as the insular tariff cases. (The question here raised was the validity under the Constitution of duties collected on goods imported into Porto Rico from the United States during the military occupation by the United States, but after the cession of Porto Rico by the ratification of the treaty of peace and before the taking effect of the Foraker act. It was held that these duties were improperly exacted, the decision in the De Lima case being followed.) Supreme Court of the United States. SAMUEL B. DOWNES, DOING BUSINESS UNDER THE FIRM NAME OF S. B. DOWNES & COMANY, PLAINTIFFS IN ERROR, V. GEORGE R. BIDWELL, COLLECTOR OF THE PORT OF NEW YORK, DEFENDANT IN ERROR. Error to the circuit court of the United States for the southern district of New York. (182 U. S., 244.) No. 507. October Term, 1900. Argued January 8, 9, 10, 11, 1901. Decided May 27, 1901. SYLLABUS. By Mr. Justice Brown, in announcing the conclusion and judgment of the court. 3449-07-21 294 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The circuit court have Jurisdiction, regardless of amount, of actions against a collector of customs for duties exacted and paid under protest upon merchandise alleged not to have been imported. The island of Porto Rico is not a part of the United States within that provision of the Constitution which declares that "all duties, imposts, and excises shall be uniform throughout the United States." There is a clear distinction between such prohibitions of the Constitution as go to the very root of the power of Congress to act at all, irrespective of time or place, and such as are operative only throughout the United States, or among the several States. A long continued and uniform interpretation put by the Executive and Legislative Departments of the Government, upon a clause in the Constitution should be followed by the Judicial Department, unless such interpretation be manifestly contrary to its letter or spirit. By Mr. Justice White, with whom Mr. Justice Shiras and Mr. Justice McKenna concurred. The Government of the United States was born of the Constitution, and all powers which it enjoys or may exercise must be either derived expressly or by implication from that instrument. Even then, when an act of any Department is challenged, because not warranted by the Constitution, the existence of the authority is to be ascertained by determining whether the power has been conferred by the Constitution, either in express terms or by lawful implication, to be drawn from the express authority conferred or deduced as an attribute which legitimately inheres in the nature of the powers given, and which flows from the character of the Government established by the Constitution. In other words, whilst confined to its constitutional orbit, the Government of the United States is supreme within its lawful sphere. Every function of the Government being thus derived from the Constitution, it follows that that instrument is everywhere and at all times potential in so far as its provisions are applicable. Hence it is that wherever a power is given by the Constitution and there is a limitation imposed on the authority, such restriction operates upon and confines every action on the subject within its constitutional limits. Consequently it is impossible to conceive that where conditions are brought about to which any particular provision of the Constitution applies its controlling influence may be frustrated by the action of any or all of the Departments of the Government. Those Departments, when discharging within the limits of their constitutional power, the duties which rest on them, may of course deal with the subjects committed to them in such a way as to cause the matter dealt with to come under the control of provisions of the Constitution which may not have been previously applicable. But this does not conflict with the doctrine just stated, or presuppose that the Constitution may or may not be applicable at the election of any agency of the Government. The Constitution has undoubtedly conferred on Congress the right to create such municipal organizations as it may deem best for all the Territories of the United States whether they have been incorporated or not, to give to the inhabitants as respects the local governments such degree of representation as may be conducive to the public well-being, to deprive such territory of representative government if it is considered just to do so, and tO chfange such local governments at discretion. As Congress in governing the Territories is subject to the Constitution, it results that all the limitations of the Constitution which are applicable to Congress in exercising this authority necessarily limit its power on this subject. It follows also that every provision of the Constitution which is applicable to the Territories is also controlling therein. To justify a departure from this elementary principle by a criticism of the opinion of Mr. Chief Justice Taney in Scott v. Sanford.(19 How., 393) is unwarranted. Whatever may be the view entertained of the correctness of the opinion of the court in that case, in so far as it interpreted a particular provision of the Constitution concerning slavery and decided that as so construed it was in force in the Territories, this in no way affects the principle which that decision announced, that the applicable provisions of the Constitution were operative. SUPREME COURT DECISIONS. 295 In the case of the Territories, as in every other instance, when a provision of the Constitution is invoked, the question which arises is, not whether the Constitution is operative, for that is self-evident, but whether the provision relied on is applicable. As Congress derives its authority to levy local taxes for local purposes within the Territories, not from the general grant of power to tax as expressed in the Constitution, it follows that its right to locally tax is not to be measured by the provision empowering Congress "To lay and collect taxes, duties, imposts, and excises," and is not restrained by the requirement of uniformity throughout the United States. But the power just referred to, as well as the qualification of uniformity, restrains Congress from imposing an impost duty on goods coming into the United States from a Territory which has been incorporated into and forms a part of the United States. This results because the clause of the Constitution in question does not confer upon Congress power to impose such an impost duty on goods coming from one part of the United States to.another part thereof, and such duty besides would be repugnant to the requirement of uniformity throughout the United States. By Mr. Justice Gray. The civil government of the United States can not extend immediately, and of its own force over territory acquired by war. Such territory must necessarily, in the first instance, be governed by the military power under the control of the President as commander in chief. Civil government can not take effect at once as soon as possession is acquired under military authority or even as soon as that possession is confirmed by treaty. It can only be put in operation by the action of the appropriate political department of the Government, at such time and in such degree as that department may determine. In a conquered territory, civil government must take effect, either by the action of the treaty-making power, or by that of the Congress of the United States. The office of a treaty of cession ordinarily is to put an end to all authority of the foreign government over the territory; and to subject the territory to the disposition of the government of the United States. The government and disposition of territory so acquired belong to the Government of the United States, consisting of the President, the Senate. elected by the States, and the House of Representatives, chosen by and immediately representing the people of the United States. So long as Congress has not incorporated the territory into the United States, neither military occupation nor cession by treaty makes the conquered territory domestic territory, in the sense of the revenue laws. But those laws concerning " foreign countries " remain applicable to the conquered territory, until changed by Congress. If Congress is not ready to construct a complete government for the conquered territory, it may establish a temporary government, which is not subject to all the restrictions of the Constitution. Opinion by Brown, J. Concurring, Gray, Shiras, White, McKenna, JJ. Dissenting, Fuller, Harlan, Brewer, Peckham, JJ. Affirmed. This is one of the " insular tariff cases." The right to collect duties on goods coming into the United States from Porto Rico after the Foraker Act took effect is involved in this case. The circuit court, Southern district of New York, upheld the validity of that part of the Foraker Act and the Supreme Court of the United States sustained the contention, holding that the island of Porto Rico is not a part of the United States within that provision of the Constitution which declares that "all duties, imposts, and excises shall be uniform throughout the United States." In announcing the conclusion and judgment of the court in this case, Mr. Justice Brown delivered an opinion. Mr. Justice White delivered a concurring opinion, which was also concurred in by Mr. Justice Shiras and Mr. Justice McKenna. Mr. Justice Gray also 296 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. delivered a concurring opinion. The Chief Justice, Mr. Justice Harlan, Mr. Justice Brewer, and Mr. Justice Peckham dissented. Thus it is seen that there is no opinion in which a majority of the court concurred. Under these circumstances I (the reporter) have, after consultation with Mr. Justice Brown, who announced the judgment, made headnotes of each of the sustaining opinions and placed before each the names of the justices or justice who concurred in it. Supreme Court of the United States. CARLOS ARMSTRONG, A BRITISH SUBJECT, A MERCHANT CARRYING ON BUSINESS BETWEEN PORTO RICO AND TIlE UNITED STATES, APPELLANT, V. THE UNITED STATES. Appeal from the Court of Claims. (182 U. S. 243.) No. 509. October term, 1900. Argued January 8, 9, 10, and 11, 1901. Decided May 27, 1901. SYLLABUS. Dooley v. United States, 182 U. S., 222, followed. Opinion by Brown, J. No dissenting opinion. The judgment of the Court of Claims is therefore reversed and the case remanded to that court for further proceedings not inconsistent with this opinion. This is one of the so-called " insular tariff cases," also. Goods were imported from this country (United States) into Porto Rico while Porto Rico was under military occupation. The goods were imported partly before and partly after the ratification of the treaty of peace. This case is controlled by the case of Dooley v. U. S. The court held that duties exacted prior to the ratification of the treaty (April 11, 1899) were properly exacted. So far as they were imposed after that date and prior to December 5, 1899, the plaintiff was entitled to recover them back. Supreme Court of the United States. FOURTEEN DIAMOND RINGS, EMIL PEPKE, CLAIMANT, V, THE UNITED STATES. Error in the district court of the United States for the Northern District of Illinois. (183 U. S. 176.) No. 153. October Term, 1901. Argued December 17, 18, 19, and 20, 1900. Decided December 2, 1901. SYLLABUS. 1. The ruling in De Lima v. Bidwell, 182 U. S., 1, reaffirmed and applied. 2., No distinction, so far as the question determined in that case is concerned, can be made between the Philippines and the island of Porto Rico after the SUPREME COURT DECISIONS. 297 ratification of the treaty of peace between the United States and Spain, April 11, 1899, and certainly not (a) Because of the passage by the Senate alone, by a majority, but not by twothirds of a quorum, of a joint resolution in respect to the intention of the Senate in the ratification; (b) Or, because of the armed resistance of the native inhabitants, or of uncivilized tribes, in the Philippines, to the dominion of the United States; (c) Or, because one of the justices who concurred in the judgment of De Lima v. Bidwell, also concurred in the judgment in Downes v. Bidwell. (182 U. S. 244). Opinion by Fuller, C. J. Concurring, Brown, Harlan, Peckham, Brewer, JJ. Dissenting, Gray, Shiras, White, McKenna, JJ. Decree reversed and cause remanded With directions to quash the information. In this case, one of the " insular tariff cases," the question was raised as to the validity or right to collect duties on goods imported into the United States from the Philippine Islands after the ratification of the treaty of peace between the United States and Spain. The decision in the case of De Lima?. Bidwell, (182 U. S., 1) is controlling. Supreme Court of the United States. HENRY W. DOOLEY ET AL., ENGAGED IN TRADE AND COMMERCE BETWEEN PORTO RICO AND NEW YORK UNDER THE FIRM NAME OF DOOLEY, SIMITI- & COMPANY, PLAINTIFFS IN ERROR, '. THE UNITED STATES. Error to the circuit court of the United States for the southern district of New York. (183 U. S., 151.) No. 207. October Term, 1901. Argued January 8, 9, 10, and 11, 1901. Decided December 2, 1901. SYLLABUS. The act of Congress taking effect May 1, 1900, and known as the Foraker Act, which requires all merchandise going into Porto Rico from the United States to pay a duty of 15 per cent of the amount of duties paid upon merchandise imported from foreign countries, is constitutional. The Constitution, in declaring that no tax or duty shall be laid on articles exported from any State, is limited to articles exported to a foreign country, and has no application to Porto Rico, which, in the case of De Lima v. Bidwell (182 U. S., 1), was held not to be a foreign country.within the meaning of the general tariff law then in force. The fact that the duties so collected were not covered into the general fund of the Treasury, but held as a separate fund to be used for the government and benefit of Porto Rico, and were made subject to repeal by the legislative assembly of that island, shows that the tax was not intended as a duty upon exports, and that Congress was undertaking to legislate for the island temporarily, and only until a local government was put in operation. Opinion by Brown, J. Concurring, White, McKenna, Shiras, Gray, JJ. Dissenting, Fuller, Harlan, Brewer, Peckham, JJ. Affirmed. In this case, an insular tariff case, the constitutionality of the Foraker Act, so far as it fixes duty to be paid on goods imported into Porto Rico from New York, was raised. The Supreme Court of the United States held the act constitutional. 298 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. TERRITORY OF HAWAII, APPELLANT, V. OSAKI MANKICHI, APPELLEE. Appeal from the district court of the United States for the Territory of Hawaii. (190 U. S., 197.) No. 219. October Term 1902. Argued March 4 and 5, 1903. Decided June 1, 1903. SYLLABUS. In interpreting a statute the intention of the law-making power will prevail even against the letter of the statute; a thing may be within the letter of the statute and not within its meaning, and within its meaning, though not within its letter. Smythe v. Fisk (23 Wallace, 374). In inserting in the Resolution of July 7, 1898, annexing Hawaii, a provision that municipal legislation not inconsistent with the Constitution of the United States should remain in force until Congress otherwise determined, Congress did not intend to impose upon the islands every clause of the Constitution, and to nullify convictions and verdicts which might, before the legislature could act, be rendered in accordance with existing legislation of the islands but not in accordance with the provisions of the Constitution, nor was such the intention of Hawaii in surrendering its autonomy. The conviction of one who, between August 12, 1898, and June 14, 1900, was tried on information and convicted by a jury not unanimous, in accordance with legislation of the Republic of Hawaii existing at the time of the annexation, is legal notwithstanding it is not in compliance with the provisions of the Fifth and Sixth amendments of the Constitution. Opinion by Brown, J. Concurring, White, McKenna, Holmes, Day, JJ. Dissenting, Fuller, Harlan, Brewer, Peckham, JJ. The decree of the District Court for the Territory of Hawaii must be reversed and the case remanded to that court with instructions to dismiss the petition. The application of the Fifth and Sixth Amendments of the Constitution to Hawaii after annexation but before the passage of the act providing a form of Government for the Territory was involved in this case. Supreme Court of the United States. CZARNIKOW, MACDOUGALL & COMPANY (LTD.), PLAINTIFFS IN ERROR, V. GEORGE R. BIDWELL, COLLECTOR OF THE PORT OF NEW YORK, DEFENDANT IN ERROR. In error to the circuit court of the United States for the southern district of New York. (191 U. S., 559.) No. 14. October Term, 1903. Submitted December 4, 1903. Decided December 14, 1903. The question here involved was the constitutionality of the Foraker Act-duty on goods brought into the United States from Porto Rico. No opinion was written in this case; the judgment was affirmed with costs, on the authority of Downes v. Bidwell (182 U. S., 244, 287.) SUPREME COURT DECISIONS. 299 Per curiam. Concurring, Brown, White, McKenna, Holmes, Day, JJ. Dissenting, Fuller, Harlan, Brewer, Peckham, JJ. Judgment affirmed. Supreme Court of the United States. WARNER, BARNES & COMPANY (LTD.), PLAINTIFFS IN ERROR V. NEVADA N. STRANAHAN, COLLECTOR OF CUSTOMS OF THE PORT OF NEW YORK, DEFENDANT IN ERROR. In error to the circuit court of the United States for the southern district of New York. (191 U. S., 560.) No. 331.. October Term, 1903. Argued December 4, 1903. Decided December 14, 1903. The question here involved was the constitutionality of the exaction of duties on importations into the United States from the Philippine Islands after the jpassage of the Philippine Act. No opinion was written in this case. The judgment was affirmed with costs on the authority of Downes v. Bidwell (182 U. S. 244, 287), Per curiam. Judgment affirmed. Concurring, Brown, White, McKenna, Holmes, Day, JJ. Dissenting, Fuller, Harlan, Brewer, Peckham, JJ. Supreme Court of the United States. ISABELLA GONZALES, APPELLANT, V. WM. WILLIAMS, U. S. COMMISSIONER OF IMMIGRATION AT THE PORT OF NEW YORK, APPELLEE. Appeal from the circuit court of the United States for the southern district of New York. (192 U. S., 1.) No. 225. October Term, 1903. Argued December 4, 7, 1903. Decided January 4, 1904. SYLLABUS. The immigration act of March 3, 1891, 26 Stat. 1084, relates to foreigners as respects this country-to persons owing allegiance to a foreign government; citizens of Porto Rico are not " aliens," and upon arrival by water at the ports of our mainland are not " alien immigrants " within the intent and meaning of the act. Opinion by Fuller, C. J. No dissenting opinion. Final order reversed and cause remanded with a direction to discharge Gonzales. 300 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. The question here involved was whether a citizen of Porto Rico is to be regarded as an alien within the meaning of the immigration laws, which deny admission to the United States to certain classes of aliens. Supreme Court of the United States. J. RIBAS Y HIJO, A SPANISH CORPORATION DOING BUSINESS IN THE ISLAND OF PORTO RICO, APPELLANTS, V. THE UNITED STATES. Appeal from the district court of the United States for the district of Porto Rico. (194 U. S., 315.) No. 151. October Term, 1903. Submitted April 28, 1904. Decided May 16, 1904. SYLLABUS. Under section 35 of the act of April 12, 1900, this court can review on writ of error a final judgment of the district court of the United States for Porto Rico, where the amount in dispute exceeds $5,000, and a final judgment in a like case in the supreme court of one of the Territories of the United States could be reviewed by this court. An action which could be brought under the Tucker Act against the United States in either a district or a circuit court of the United States is within the cognizance of the district court of the United States of Porto Rico. Quaere, and not decided, whether a foreign corporation can maintain any action under the Tucker Act in any court in view of the provisions of the act that the petition must be filed in the district where the plaintiff resides. The seizure and detention by the naval and military forces of the United States during the war with Spain, of a vessel owned by Spanish subjects, was a seizure of enemy's property and an act of war within the limits of milItary operations, although the owners were not directly connected with military operations, and a claim for damages for such seizure and detention is not founded on the Constitution of the United States, or on any act of Congress, or regulation of an executive department, or on any contract express or implied, and an action based thereon is not sanctioned by the Tucker Act and can not be maintained thereunder. The fact that the vessel was retained pending negotiations for a treaty of peace and during a cessation of hostilities does not connect the original seizure with an implied contract to compensate the owners for the detention of the vessel. If the owners had any claim against the United States it was relinquished by the stipulation in the treaty of peace relinquishing claims, such stipulation covering all clains arising prior to the exchange of ratifications of the treaty. In case of a conflict between a statute and treaty the one last in date prevails. Opinion by Harlan, J. No dissenting opinion. So ordered. This case arose in Porto Rico. A Spanish corporation sued to recover a certain sum for the use of a merchant vessel which was taken by the United States at Ponce, Porto Rico, when that city was captured by the United States forces in 1898. The court below, on final hearing, dismissed the action upon the ground that the vessel was properly seized as enemy's property. The Supreme Court of the United States affirmed the action of the lower court. SUPREME COURT DECISIONS. Supreme Court of the United States. HAROLD CROWLEY, PLAINTIFF IN ERROR, V. THE UNITED STATES. Error to the district court of the United States for the district of Porto Rico. (194 U. S., 461.) No. 205. October Term, 1903. Submitted April 12, 1904. Decided May 31, 1904. SYLLABUS. Where the accused contends in the district court of the United States for the District of Porto Rico that under the provisions of the Foraker Act of April 12, 1900 (31 Stat. L., 77), the qualifications of the grand jurors by whom he was indicted should have been controlled by the local law of January 31, 1901, and the court decides adversely, a right is claimed under a statute of the United States and denied; and under section 35 of the Foraker Act this court has jurisdiction on writ of error to review the judgment. Under sections 14 and 34 of the Foraker Act providing that the district court of the United States for the District of Porto Rico shall have jurisdiction in all cases cognizant in the circuit courts of the United States and shall proceed therein in the same manner as a circuit court, the provisions of section 800, Revised Statutes, apply to criminal prosecutions, and the court must recognize any valid existing local statute as to the qualification of jurors in the same manner as a circuit court of the United States is controlled in criminal prosecutions by the applicable statute of the State in which it is sitting. The disqualification of a grand juror prescribed by statute is a matter of substance which can not be regarded as 'a mere defect or imperfection within the meaning of section 1025, Revised Statutes. After April 1, 1901, there was a local statute in Porto Rico, regulating the qualifications of jurors and the presence of persons on the grand jury of the district court of the United States for the District of Porto Rico disqualified under that act and who were summoned to serve after the act took effect, vitiates the indictment when the facts are seasonably brought to the attention of the court. An objection by pleas in abatement, and before arraignment of the accused, to an indictment on the ground that some of the grand jurors were disqualified by law, was in due time and was made in a proper way. Quaere, was not decided whether the presence of jurors disqualified by the act, but summoned before it took effect, would affect an indictment found after the act took effect. Opinion by Harlan, J. Concurring, Fuller, Brewer, Brown, Day, Peckham, McKenna (in result), Holmes, JJ. Dissenting, White, J. Judgment reversed, and the case is remanded with directions to overrule the demurrer to the plea in abatement, and for such fuirther proceedings as may be consistent with law. Crowley was indicted in the above-named court for embezzling from the mails under sections 5467, 5468, 5469, Revised Statutes. Whether the provisions of the act of April 12, 1900 (Foraker Act), or the act of the legislative assembly of Porto Rico of January 31, 1901, controlled in regard to the qualifications of the grand jurors was the question involved. 302 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. THOMAS E. KEPNER, PLAINTIFF IN ERROR, V. THE UNITED STATES. Error to the supreme court of the Philippine Islands. (195 U. S., 100.) No. 244. October Term, 1903. Argued April 22. 1904. Decided May 31, 1904. SYLLABUS. The express declaration of the President in Military Order, No. 58, of April 23, 1900, and in the act of July 1, 1902, establishing a civil government in the Philippine Islands, both adopting with little alteration the provisions of the Bill of Rights, show that it was intended to carry to the Philippine Islands those principles of our government which the President declared to be established as rules of law for the maintenance of individual freedom; and those expressions were used in the sense which has been placed upon them in construing the instrument from which they were taken. It is a well-settled rule of construction that language used in a statute which has a settled and well-known meaning, sanctioned by judicial decision, is presumed to be used in that sense by the legislative body. It is a well-settled principle of construction that specific terms covering the given subject matter will prevail over general language of the same or other statute which might otherwise prove controlling. Although a right of appeal was given to the Government by military order, No. 58, in criminal cases in the Philippine Islands, section 5 of the act of July 1, 1902, establishing a civil government in the islands, specifically provided that no person should be put twice in jeopardy for the same offense, thereby repealing the provision in the military order and nothing in section 9 of the act of 1902 can be construed as intending to prevail over the specific guarantee contained in section 5. In ascertaining the meaning of a phrase in the Constitution taken from the Bill of Rights, it must be construed with reference to the common law from which it was taken. At common law protection from second jeopardy for the same offense clearly included immunity from second prosecution where the court having jurisdiction had acquitted the accused of the offense; and it is the settled law of this court that former jeopardy includes one who has been acquitted by a verdict duly rendered, although no judgment be entered on the verdict and it was found upon a defective indictment. The second jeopardy is not against the peril of second judgment, but against being again tried for the same offense. Opinion by Day, J. Concurring, Fuller, Harlan, Brewer, Peckham, JJ. Dissenting, Holmes, White, McKenna, Brown, JJ. Judgment reversed and prisoner discharged. Kepner was tried by the court of first instance, Manila, P. I., for embezzling funds of a client, and was acquitted. The Government appealed the case to the supreme court of the Philippine Islands, which reversed the judgment of the lower court and sentenced the plaintiff in error (Kepner) to serve a certain term in prison, also suspending him from the office of attorney at law. The Supreme Court of the United States held that this put Kepner twice in jeopardy for the same offense. SUPREME COURT DECISIONS. 303 Supreme Court of the United States. FRED L. DORR, PLAINTIFF IN ERROR, V. THE UNITED STATES. Error to the supreme court of the Philippine Islands. (195 U. S., 138.) No. 583. October Term, 1903. Argued April 22. 1904. Decided May 31, 1904. SYLLABUS. While it is settled that the Constitution of the United States is the only source of power authorizing action by any branch of the Federal Government, it is equally well settled that the United. States may acquire territory in the exercise of the treaty-making power by direct cession as a result of the war, and in making effective terms of peace and for that purpose has the powers of other sovereign nations. Congress has the right to make laws for the government of territories, without being subject to all the restrictions which are imposed upon it when passing laws for the United States considered as a political body of States in union and, until territory ceded by treaty has been incorporated into the United States, it is to be governed under Congress subject only to such constitutional restrictions upon its powers as are applicable to the situation. It is evident, from Article IX of the treaty with Spain ceding the Philippine Islands, that the intention of the framers of the treaty was to reserve to Congress, so far as it could constitutionally be done, a free hand in dealing with the territory ceded by the treaty. Congress has not up to the present time incorporated the Philippine Islands into the United States, and by an express provision of the act of July 1, 1902, section 1891, Revised Statutes, by which force and effect is given to the Constitution and laws of the United States in the Territories, does not apply to the Philippine Islands. The power to govern territory implied in the right to acquire it, and given to Congress in Article IV, section 3 of the Constitution, to whatever other limitations it may be subject, does not require Congress to exact for ceded territory, not made a part of the United States by Congressional action, a system of laws which shall include the right of trial by jury, and the Constitution does not, without legislation and of its own force, carry such right to territory so situated. Under sections 7 and 8 of the libel law enacted by the Philippine Commission, permitting a fair and true report of judicial, legislative and public official proceedings as privileged communications but excluding libelous remarks or comments from the privilege, the headlines " Traitor, Seducer, PerjurerWife would have killed him," over the report of a trial, although in quotation marks, are not within the privilege given by the act, and, if proved to be without basis, are libelous. The power of Congress to authorize the temporary government, such as that established under the Spooner resolution of March 2, 1901, for the Philippine Islands, has been frequently exercised and is not now open to question, and the Philippine Commission established under that act had power to enact the libel law involved in this case. Opinion by Day, J. Concurring, Brewer, Brown, White, Peckham (Separate opinion), McKenna, Holmes, JJ. Dissenting, Harlan, J. Judgment affirmed. The question here raised was whether the provision under the donstitution as to the right of trial by jury applied to the Philippine Islands in the absence of an act of Congress conferring the privilege. 304 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. Supreme Court of the United States. SECUNDINO MENDEZONA Y MENDEZONA, PLAINTIFF IN ERROR, V. THE UNITED STATES. Error to the supreme court of the Philippine Islands. (195 U. S., 158.) No. 584. October Term, 1903. Argued April 22, 1904. Decided May 31, 1904. SYLLABUS. This case involves the question just decided in Kepner v. United States, 195 U. S., 100. The plaintiff in error was acquitted in the court of first instance and convicted in the supreme court of the Philippine Islands. For the reasons stated in the Kepner case, the judgment is reversed and the prisoner discharged. Opinion by Day, J. Concurring, Fuller, Harlan, Brewer, Peckham, JJ. Dissenting, Brown, White, McKenna, Holmes, JJ. Judgment reversed. Supreme Court of the United States. RICARDO AMADO, PLAINTIFF IN ERROR, I. THE UNITED STATES. Error to the district court of the United States for the district of Porto Rico. (195 U. S., 172.) No. 33. October Term, 1904. Submitted October 25, 1904. Decided November 7, 1904. SYLLABUS. The review of the final judgment of the district court of the United States for Porto Rico by this court is not restricted to cases in which the Constitution or a treaty of the United States or an act of Congress is brought in question and the right claimed under it is denied. There may be cases, certainly civil cases, which if determined in a supreme court of one of the Territories of the United States could be reviewed although not involving any right of a distinctly Federal nature. But a criminal case like this arising under section 3082, Revised Statutes, could not be reviewed by this court in virtue of the words, in section 35 of the Porto Rico act of April 12, 1900, "in the same cases as from the supreme courts of the Territories of the United States." Nor will the words in the same act, " in all cases where the Constitution of the United States, or a treaty thereof, or an act of Congress is brought in question and the right claimed thereunder is denied," authorize this court to review a judgment of conviction in a criniinal case in the court below under section 3082, Revised Statutes, when the only claim at the trial was that the indictment did not charge "an offense under the statutes of the United States." Such an objection was too indefinite. Unless a judgment in the United States district court for Porto Rico can be reviewed here, then it is final; for no case determined in that court can be carried to a circuit court of appeals. Opinion by Harlan, J. No dissenting opinion. It is so ordered. This was a criminal case and arose under section 3082 Revised Statutes. The plaintiff in error fraudulently imported certain goods into Porto Rico without paying the duties imposed. SUPREME COURT DECISIONS. Supreme Court of the United States. FREDERICK W. LINCOLN ET AL., TRADING UNDER THE FIRM NAME OF HENRY W. PEABODY & CO., PLAINTIFFS IN ERROR, V. THE UNITED STATES. (No. 149.) In error to the Supreme Court of the United States for the southern district of New York. WARNER, BARNES & Co., (LIMITED), APPELLANT, V. THE UNITED STATES. (No. 466.) Appeal from the Court of Claims. (197 U. S., 419; also 202 U. S., 484.) Nos. 149 and 466. October Term, 1904. Argued March 3, 1905. Decided April 3, 1905. SYLLABUS. The order of the President of July 12, 1898, directing the levying of duties on goods landed in the Philippine Islands, was a regulation for and during the then existing war with Spain, referred to as definitely as if it had been named, and was not a power for any other military occasion. The right to levy duties thereunder on goods brought from the United States ceased on the termination of the war by the exchange of ratifications of the treaty of peace with Spain on April 11, 1899. Dooley v. United States (182 U. S., 222). After the title to the Philippine Islands passed to the United States by exchange of the ratifications of the treaty of peace, there was nothing in the Philippine insurrection of sufficient gravity to give to the islands the character of foreign countries within the meaning of a tariff act. Fourteen Diamond Rings (183 U. S., 176). Under the act of Congress of July 1, 1902, 32 Stat., 691, ratifying the action of the President and the authorities of the Government of the Philippine Islands, the ratification is confined to those acts which were in accordance with the provisions of the order of July 12, 1898, and not to the collection of duties after April 11, 1899, which were within such provisions. SYLLABUS ON REHEARING. Lincoln v. United States (197 U. S., 419), reaffirmed, after rehearing, to the effect that the executive order of July 12, 1898, directing that upon the occupation of ports and places in the Philippine Islands by the forces of the United States duties should be levied and collected as a military contribution, was a regulation for and during the war with Spain, referred to as definitely as though it had been named, and the right to levy duties thereunder on goods brought from the United States ceased on the exchange of ratifications of the treaty of peace; that after title to the Philippine Islands passed by the exchange of ratifications on April 11, 1899, there was nothing in the Philippine insurrection of sufficient gravity to give to those islands the character of foreign countries within the meaning of a tariff act; that the ratification of Executive action, and of authorities under Executive order of July 12, 1898, contained in the act of July 1, 1902, 32 Stat., 691, was confined to actions taken in accordance with its provisions; and that the exaction of duties on goods brought from the United States after April 11, 1899, was not in accordance with those provisions and was not ratified. 306 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. A ratification by act of Congress will not be extended to cover what was not, in the judgment of the courts, intended to be covered, because otherwise the ratification would be meaningless or unnecessary. Congress out of abundant caution may ratify, and at times has ratified, that which was subsequently found not to have needed ratification. Opinion on first hearing, by Holmes, J. No dissenting opinion. Opinion on rehearing, by Fuller, C. J. Concurring, Harlan, Brewer, Brown, Peckham, Holmes, Day, JJ. Dissenting, White, McKenna, JJ. Judgments reversed. The validity of imposing duties under the order of the President of July 12, 1898, on goods imported into the Philippine Islands from the United States after the ratification of the treaty of peace with Spain and before Congress legislated in regard to the Philippine tariff is the question involved in these cases. The Supreme Court held that the right to levy such duties ceased upon the exchange of ratifications of the treaty, and decided the question in favor of the claimants. These cases were reheard. Petitions for rehearing were allowed May 29, 1905. The cases were reargued January 18, 19, 1906, and decided on reargument May 28, 1906. Decisions on rehearing in the cases of Lincoln v. United States and Warner, Barnes & Co., Ltd., v. United States (Nos. 149 and 466 of 1904 term), and decisions in the cases of United States r. American Sugar Refining Co. and Franklin Sugar Refining Co. v. United States (Nos. 269 and 652 of 1905 term) were rendered subsequent to March 5, 1906. Supreme Court of the United States. RAFAEL AND EURIPIDES RODRIGUEZ, PLAINTIFFS IN ERROR, 'V. THE UNITED STATES. Error to the district court of the United States for the district of Porto Rico. (198 U. S., 156.) No. 183. October Term 1904. Submitted March 15, 1905. Decided May 1, 1905. SYLLABUS. Under sections 34, 35, of the Foraker Act of 1900 (31 Stat. 85), this court can review judgments of the district court of the United States for Porto Rico in criminal cases where the accused claimed and, as alleged, was denied a right under an act of Congress and under the Revised Statutes of the United States. Although a motion in arrest of judgment, based on the ground that the grand jury was not properly impaneled by reason of the deputy clerk acting in place of the clerk, was made in time, and the court below may have erred in its interpretation of the statute, the accused can not avail of that even in this court unless the record shows that an exception was proprely taken. The accused could have waived such an objection to the grand jury and by not excepting to the ruling he must be held to have acquiesced in the ruling and waived his objection. Opinion by Harlan, J. No dissenting opinion. Affirmed. This was a criminal case. The plaintiffs in error were indicted for embezzlement and theft of bank notes and United States notes from SUPREME COURT DECISIONS. 307 the mails. After conviction in the court above mentioned the case was brought to the Supreme Court. The jurisdiction of the court to reexamine the judgment below was the principal question involved. The judgment was affirmed. Supreme Court of the United States. VA2LENTIN TRONO ET AL., PLAINTIFFS IN ERROR, t. THE UNITED STATES. Error to the supreme court of the Philippine Islahds. (199 U. S., 521.) No. 34. October Term 1905. Argued October 31, 1905. Decided December 4, 1905. SYLLABUS. Plaintiffs in error were tried for murder in the court of first instance in the Philippine Islands and were acquitted of the crime of murder and convicted of the crime of assault and were sentenced to six months' imprisonment and a fine. They appealed to the supreme court of the Philippine Islands, which reversed that judgment and found them guilty of homicide and sentenced them to various terms from eight to fourteen years' imprisonment and a fine. On a writof error seeking to review the judgment on the ground that the action of the supreme court of the Philippine Islands amounted to putting the accused in second jeopardy, Held, that: There is a vital difference between an attempt of the Government to review a verdict of acquittal in the court of first instance and the action of the accused in himself appealing from a judgment which convicts him of one offense while acquitting him from the higher one charged in the indictment. Kepner v. United States, 195 U. S., 100, distinguished. Where upon the indictment of a greater offense the one accused is found not guilty thereof but guilty of a lower offense included therein, and upon appeal from that judgment a new trial is 'granted by the appellate court, the accused can, on the new trial, be tried for the greater offense in the indictment and such new trial does not amount to placing him in jeopardy a second time for the same offense within the meaning of the Federal Constitution or of the provisions in that regard in the Philippine act of July 1, 1902 (32 Stat., 691). The appeal 6f the accused in such case amounts to a waiver of the plea of second jeopardy by asking that he be again tried for the same offense for which he has once been convicted and if that request be granted he must take the burden with the benefit and go back for the new trial upon the whole case. Quaere, whether the constitutional provision against second jeopardy was intended to apply to a judgment under these circumstances. In reversing the lower court and itself convicting the accused on such appeal, the supreme court of the Philippine Islands acted within its powers, and in ordinary procedure in the courts of that country under the act of July 1, 1902. Opinion by Peckham, J. Concurring, Brewer, Brown, Day, Holmes (in result), JJ. Dissenting, Fuller, Harlan, White, McKenna, JJ. Affirmed. This was a criminal case. The plaintiffs in error were tried for murder in the court of first instance, Philippine Islands. They were acquitted of the crime of murder but convicted for assault and were sentenced to a term of imprisonment and to pay a fine. They then appealed to the supreme court of the Philippine Islands, which court reversed the judgment of the lower court and found them-guilty of homicide. The main question involved was whether the conviction by the supreme court of the Philippines violated the act of Congress 308 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. of July 1, 1902 (32 Stat. L., 691), and placed the accused twice in jeopardy. The judgment of that court was held to be right, and was affirmed. Supreme Court of the United States. THE UNITED STATES. APPELLANT, v. THE AMERICAN SUGAR REFINING COMPANY, APPELLEE. Appeal from the circuit court of the United States for the southern district of New York. (202 U. S., 563.) No. 269. October term, 1905. Argued April 27, 1906. Decided May 28, 1906. SYLLABUS. Under the treaty between the United States and Cuba of December 11, 1902, and the act of Congress of December 17, 1903, imports from Cuba were not entitled to reduction of duties imposed by the tariff act of July 24, 1897, until December 27, 1903, the date proclaimed by the President of the United States and the President of Cuba for the commencement of the operation of the treaty. After the treaty was amended by the Senate and the amendment accepted by Cuba the time of its going into effect was to be fixed by act of Congress and not as originally fixed by the treaty ten days after the exchange of ratifications. There is a presumption against retrospective legislation and words in a statute will not be construed as having such effect unless they clearly can have no other effect, and the legislative intent cannot otherwise be satisfied; and in this respect the use in the statute of the future tense must be given weight. Opinion by McKenna, J.. No dissenting opinion. The judgment of the circuit court is reversed and the case remanded with directions to affirm the order of the board of general appraisers. The question here was whether certain goods-sugars-which were imported into New York from Cuba between June 12 atid September 28, 1903, were dutiable under the tariff act of July 24, 1897, or whether they were entitled to 20 per cent reduction prescribed by that act, under the treaty between the United States and Cuba of December 11, 1902, and the act of Congress of December 17, 1903; and did the treaty go into effect on April 10, 1903, or December 27, 1903? Treaty went into effect December 27, 1903. See, also, 202 U. S., 580. Supreme Court of the United States. FRANKLIN SUGAR REFINING COMPANY, APPELLANTS, V. THE UNITED STATES. Appeal from the circuit court of the United States for the eastern district of Pennsylvania. (202 U. S., 580.) No. 652..October term, 1905. Argued April 27, 1906. Decided May 28, 1906. United States v. American Sugar Refining Co. (202 U. S., 563), followed, to effect that treaty of December 11, 1902, with Cuba, went into effect December 27, 1903. SUPREME COURT DECISIONS. 309 Under section 20 of the customs administrative act as amended December 15, 1902 (32 Stat., 753) merchandise in bonded warehouse on which duties are paid and permits for delivery issued to the storekeeper is thereupon withdrawn from consumption and subject to rate of duty it force at that time; this is not affected by the fact that the merchandise may remain in the warehouse after such permit is issued and if directly exported the owner will under section 2977 Revised Statutes, be entitled to drawbacks. Under section 20 of the customs administrative act merchandise in bonded warehouse is subject to the rate of duty in force at the time of withdrawal for consumption and not to the rate in force at time of liquidation. Cuban sugar in bonded warehouse on which duty was paid and for which withdrawal permits were issued and delivered to the storekeeper prior to December 27, 1903, but which remained in the warehouse after that date were subject to full duty, and not entitled to the 20 per cent reduction under the act of December 17, 1903, and the treaty with Cuba. Opinion by McKenna, J. No dissenting opinion. Judgment affirmed. One of the questions raised in this case is similar to the question raised in United States v. American Sugar Refining Company (202 U. S., 563); that is, whether or not the treaty of December 11, 1902, with Cuba went into effect December 27, 1903. The court held that it did, following the decision in that case. Certain sugars were imported into Philadelphia from Cuba September 29, 1903, by appellant and placed in bonded warehouses after duties imposed under tariff act of July 24, 1897. Withdrawal permits were issued prior to December 27, 1903; but part of the sugar was not withdrawn until after that date, and the question arose as to whether the sugar which remained in the warehouse after that date was entitled to the 20 per cent reduction under the act of December 17, 1903, and' the treaty with Cuba, or whether subject to full duty. The Supreme Court held it was subject to full duty. This case was argued simultaneously with United States v. American Sugar Refining Company. Supreme Court of the United States. FRANCISCO DONES, APPELLANT, V. JOSE URRUTIA, WARDEN OF THE PENITENTIARY OF PORTO RICO, APPELLEE. Appeal from the supreme court of Porto Rico. (202 U. S., 614.) No. 685. October term, 1905. Submitted May 14, 190. DieIded May 2, 106. Dones appealed from a final order of the supreme court of Poato Rico dismissing a writ of habeas corpus. The writ had been ismued by order of the chief justice and was directed to Jose Urrutia,, warden of the penitentiary at San Juan, who held Dones in custody under a death warrant issued by the district court of Humacao, P. R. A hearing, upon the return to the writ, was had before the supreme court of Porto Rico in bane. After hearing, the writ was disaiaed, and Dones then appealed to the Supreme Court of the United States. No opinion was written in this ese. The final order was afirmed with costs; authority of act of April 12, 1900 (81 Stat. 77, c. 191, 3449-07 ----22 310 LAWS RELATING TO INSULAR AND MILITARY AFFAIRS. sees. 33, 34, 35, 15); Ortega v. Lara, 202 U. S. 339; Perez v. Fernandez, 202 U. S. 80; etc., etc. Decisions on rehearing in the cases of Lincoln v. United States and Warner, Barnes & Co., Ltd., v. United States were also rendered at this term (October, 1905) of the court. Per Curiam. Final order affirmed. Supreme Court of the United States. FRED C. FISHER AND CHARLES C. COHN, ON BEHALF OF FELIX BARCELON, PLAINTIFFS IN ERROR, L'. COL. DAVID J. BAKER, JR., AND CAPT. JOHN DOE THOMPSON. Error to the supreme court of the Philippine Islands. (203 U. S., 174.) No. 214. October Term, 1906. Argued October 9, 10. Decided December 3, 1906. SYLLABUS. When an application on habeas corpus is denied because the writ had been suspended, and thereafter, and before appeal taken is allowed, the suspension is revoked, the question of power of the authorities to suspend the writ becomes a moot one not calling for determination by this court. A proceeding in habeas corpus is a civil and not a criminal proceeding, and as final orders of circuit or district courts of the United States in such a proceeding can only be reviewed in this court by appeal, under ~ 10 of the act of July 1, 1902, 32 Stat., 1369, a final order of the supreme court of the Philippine Islands in habeas corpus is governed by the same rules and can only be reviewed by appeal, and not by writ of error. Opinion by Fuller, C. J. No dissenting opinion. Writ of error dismissed for want of jurisdiction. The petition by Fisher, as next friend on behalf of one Barcelon, for a writ of habeas corpus was denied because the writ had been suspended by the Philippine Commission on January 31, 1905, in Cavite and Batangas on account of the insurrection of ladrones; a writ of error was allowed by this court on January 3, 1906, but prior to that and on October 19, 1905, the suspension of the writ had been revoked, the occasion for the suspension thereof having ceased. The only question argued in the Supreme Court of the United States, and in the court below, was the power of the Philippine Commission to suspend the writ; and the reinstatement of the writ having wiped out the basis of the decision sought to be reviewed, the only question argued became a moot one, not calling for determination by the Supreme Court of the United States. That court also held that a final order of the supreme court of the Philippine Islands in habeas corpus can only be reviewed by appeal, and not, as was sought in this case, by writ of error. Questions involving the power of Congress to delegate the suspension of the writ of habeas corpus to the Philippine Islands Commission, and if so, whether the power was properly exercised in this case, were involved and discussed in the brief and by the court below, but were not decided by the Supreme Court or discussed in the opinion. INDEX. Page. ACCOUNTING OFFICERS OF THE TREASURY: Appropriation for paying claims certified by ---------------------------- 80,82,117 ADJUTANT-GENERAL'S DEPARTMENT, ARMY: Appropriation for pay of officers ------------------ 52 Merged in Military Secretary's Department- --------- - 52 ADJUTANT-GENERAL'S OFFICE, WAR DEPARTMENT: Merged in Military Secretary's office --- ---— 52 AGRICULTURAL DEPARTMENT: Appropriation forBureau of Chemistry --- —-------------- 224 Bureau of Soils --- —. --- —------------- 218,225 Experiment stations --- —------------- 218,225 Weather Bureau -------------------- 217,218,224 Forest reserves transferred to ------------------------ 31 Surveying, locating, etc., excepted - ---------------- 31 AGRICULTURAL EXPERIMENT STATIONS: Appropriation for expenses; publications, etc --- — --- 218, 225 For Alaska -------- ----------------- 218 For Hawaii__ -------------------------- 218,225 For Porto Rico --- —---------------- 218,225 ALASKA: Agricultural experiment stations ------------------- 218,225 Limit of cost of maintenance ----------------- 218, 225 Live stock, purchase and introduction of__ --- —---------- 225 Sale of products ---------------------- 218,225 "Alaska fund "Appropriation from treasury of --- —--- ----- 39 Receipts from licenses outside of towns, to constitute ----------- 25 Disposition of --- —------------------ 25 Alaska Historical Library and Museum, all fees received by secretary of Alaska to be used for -------------------- 45 Appropriation forAgricultural experiment stations -- ------------- 218,225 Alaska Commercial Company and others, payment to, for supplies furnished destitute Alaskans__ ------------ 1,2 Alaska Exploration Company and others, payment to, for supplies furnished destitute Alaskans-__- ---- -------- 1, 2 American seamen, shipwrecked in, for relief and protection of__ 215, 225 Attorneys, district of, salaries__ --------------- 3, 32 Offices of, incidental expenses ---------- --- 13,42 Boundary between, and Canada, marking ------------ 1, 42 Bringing home remains of civil employees, Army, who die in --- 63, 72 Clerks, district of, salaries ------------------ 3, 32 Department of Justice, traveling expenses in (see also Department of Justice) -------------------------- 10 District court ------------------------- 44,228 Eskimos, education of, --- — 41 Exhibit at Lewis and Clark Exposition__ ----------- 216 Fish hatcheries in, for establishment of --------- -- 39,40 Agents, for salaries of ---__ ------------------- 12 Government in the district of__ --- —------------ 3,32,43 Incidental and contingent expenses - -------- --- 3,32,43 Governor of, salary-.-.... 3,32 311 312 INDEX. ALASKA-Continued. Page. Appropriation for-Continued. Guertin, Frank, payment of Court of Claims judgment to —..~-, 83 Indianseducation of ________ --- —--------— __ __ __ ---— _- 41 transporting pupils to Carlisle, I'l., and Salem, Oreg ___ — -- 10 Insane persons, care and custody of__ ____ --- —---------- - 41 Judges and clerks, traveling expenses_______ --- —------ - 13, 42 Judges of district of, salaries_ _____ ----------- -__ ____ _ 3, 32 Lewis and Clark Exposition, exhibit at_ --- —--------------- 216 Mail transportation, difficult or emergency service in _ ____ 11, 35 Marshals and attorneys, offices of, incidental expenses ____ ---- 13,42 Marshals, district of, salaries —_________ --- —---------- 3,32 Military cableSitka to Fort Liscumn__ -__ --- —— _ — _ ----_ ---- 51 Valdez to Seward -— ______._ --- —---- 66 Military telegraph lines in, l)urchase of supplies, etc_ ---— __ - 47 Military trail on Koyukuk River, from Yukon to Coldfoot, locating of -__-__-__ __ --- —_ --- - ------ — 56, -73 Mineral resources of, investigation of, by Geological Survey _ --- 2, 41 North American Transportation land Trading Company and others, payment to, for supplies furnished destitute Alaskans_ 1, 2 Officers and soldiers, Army, for bringing home the remains of, who die in-__-_ ____ --- —------ 63, 72 Postal serviceDifficult or emergency mail service in ___ --- —----------- 35 TIUusual business, third and fourth class offices, service in___ 35 Public lands, surveys, and resurveys, etc____ --- —--- - 12, 13, 40, 41 Reindeer stations, support of_ --- —------------------------- 1, 41 Relief and protection of American seamen shipwrecked in-___ 215, 225 Saint George, island of, furnishing food to natives — __ — ----- 12, 40 Saint Paul, island of, furnishing food to natives —_ -— _ ----- 12, 40 Salmon fisheries, protection of__ __ ------------- - 2, 3, 12,40 Seal fisheries 11_______ --- —-------------- -- 11,12,39,40 Agents' salaries, etc- __ _ ____ --- —----------------- 12,40 Protection of __ --- —----— ____ --- —-- 11, 39 SitkaRepairs to barracks, Marine Corps -_ _ -_- ----- 61, 71 Repairs to b)uildings and wharf at ------—.-. --- 9, 11, 39,43 Surveyor-General, office ofAnd ex officio secretary of, salary --- —--- ----------- 3, 32 Clerks in __-_ --- —------- 3, 32 Contingent expenses ____-__-_- — __ ___ ---- - 3,4, 9, 32, 43 Surveys and resurveys of coasts —___ --- —--— __-______ 220,227 Travers, Michael, payment of Court of Claims judgment to guardian of ------— ___ --- —-------- __ ------------ _83 Wagon road from Valdez to Fort Egbert, survey, etc-__ — __ — 56, 73 Attorneys, district of, appropriation for_________ --- —— ________ 3, 32 Boundary between, and Canada, appropriation for marking __ --- —- 1, 42 Cable from Sitka to Fort Liscum, appropriation for ---— __ ____- - 51 Cable from Valdez to Seward, appropriation for_ --- — ____ --- —- 66 Catalla Creek, bridge across, authorized (see also Union Pioneer Mining and Trading Company) ____ _ _ --- —---------— _ 22, 23 Chinese laborers, transit of, permitted in islands within the jurisdiction of the district of ---_ _ _ __ _ _ ----- -------- _ __ 219 Clerks, district of, appropriation for —_ _____ --- —---------- 3, 32 Coal land locations; notice - _ --- — _ --- -_ --- —------- 14 Actions by adverse claimants_ _ ---------— _____ ----- - 14, 15 Entries to shores of navigable waters not allowed. ---. — ___ --- 14 General provisions applicable__ --- —----------------- 15 Patents to issue; price per acre_ --- —---— _ - -— _ ________ 14 Coldfoot, appropriation for locating trail on Koyukuk River from Yukon to ____ -------------------------- 56, 73 Contract surgeons, Army, pay assignments, when on duty in___ ----- 54 Court, United States district, appropriation for miscellaneous expenses ---—.___-_____ --- —--------------—.. 44,228 Customs district, Juneau made port of entry —.-...-.-.-. --- —-- 22 INDEX.. 313 ALAS KA-Continued. Page. Department of Justice, appropriation for traveling expenses in ----- 10 Enlisted men, ArmyAppropriation for 20 per cent increase on pay, service in -___ --- 54, 66 Credited with double time of service in_____ --- —------- 54 EskimosEducation of, appropriation forl ---____ __.___ --- —---- 41 Exempt from channel charges at mouth of Snake River ---____ 36 Provision for educating children of___ _____- -_ _ __ 30 Forest reserves in, cutting aind removal of timber authorrized________ 33, 34 Fort Egbert, appropriation for survey, etc., road fromn Valdez to —__ 56, 73 Fort Liscum, military cable from Sitka, apl)ropriation for —__ --- — 51 Fur-seal fisheries, negotiations requested for revision of regulations, etc _-__ —_ _ __ _ __ ----- _ 23,24 Geological Survey, appropriation for investigation of mineral resources in __ --- —---------— _ 2 Government in the district of, appropriation for incidental and contingent expenses- ______-__-__ __-__ _3__ __- _, 32, 43 GovernorAppropriation for salary-_________ ---_-___ — 3,32 To be superintendent of public instruction-__ _ _ _.__ _ 27 IndiansAppropriation for transporting pupils to Carlisle, Pa., and Salem, Oreg _____-___ --- ______ __-____.- __ __ _ 10 Education of, approlriation for-________ _____ __ __-___-_- 41 Provision for educating chilldren of__ --- —------------------- - 30 Snake River, exempt from channel charges at mouth of_ ---— _ 36 Insane personsCare and custody of, appropriation for — ____ — ____ __ ______ — 41 Portion of "Alaska fund " devoted to --- —— __ _ __ _ --- — 25 Provisions for commitment and care of____ --- —---------- -- _ 15,30 Inspectors of hulls and boilers. steamboat-inspectioll service ill tle collection district of________ —__ __ ____ __ — ____ --- —- 34,35 Assistants, and clerks authorized ---__-__-______-_ ___ — 34,35 Details, etc ________-______ --- —--------- _Duties -----— ______ — _-_ --- —----------- 35 Salaries ---— _ --- —----- 35 Salaries -------------------------------- --- ----- 35 Judges and clerks, traveling expenses, appIropriation for-_ -__-____ 13.42 Judges of the district of, appropriation for-____ _ — _________- __. 3,32 Juneau, made port of entry in lieu of Sitka-__ ___-_____-____ --- 22 Koyukuk River, appropriation for locating trail from Yukon River to Coldfoot on — ---— __________ --- —-------...56, 73 Lewis and Clark Exposition, buildings for, authorized-____ ---- - 21( Allotment of space free of charge___ --- —-____ - _ - --- - __ 217 License receipts outside of towns to form "Alaska fund "___ 25 DistributionCare of insane-________ _ __-_____ --- —---- 25 Schools ----------- _________________ — 25 Roads, bridges, and trails___ --- —--------— _ ____-___ 25 Life-Saving ServiceStation established at Nome_ ---— _____ __-_ ____ --- —-- - 33 Thirteenth district extended to _______ --- —-------- 33 Lunacy proceedings ___ __ --- —------------------- 30 Care of insane-______ _ _ ___ --- —-------------- 30 Mail transportation -in, appropriation for difficult or emergency service ___________ ----__ —_______ --- —----- 11,35 Marshals and attorneys, offices of, appropriation for incidental expenses —_ --- —------------- ------------- 13, 42 Marshals, district of, appropriation for salaries____ ----_____ 3, 32 Military telegraph lines, appropriation for —________ ___ 47 Mineral resources of, appropriation for investigation of, by Geological Survey --- ------— _ --- —---- ----- '2,41 Naval stations in, sale of provisions to civil employees authorized-__- 60 Nome, life-saving station established at__________________ ___ 33 Officers, Army, appropriation for 10 per cent increase on pay, service in __ --- —--— _-___ --- —--------------- 54, 55, 66 314 I NDEX. ALASKA-Continued. Page. Postal serviceDifficult or emergency mail service in Alaska, appropriation for_ 35 Unusual business, third and fourth class offices, service in, appropriation for - __ --- —------------------------ 35 Public landsCoal-land entries in; proceedings -—.______ — -. 14,15 Surveys and resurveys, etc.Appropriation for_ -----— ___ ___ _ --- — - 12, 13,40,41 Rates _____-__ ________ --- —------------ 12,13,40,41 Pulp wood, etc., from timber in, may be exported-__ _ ---- 32 Reindeer stations, appropriation for support of ---------------- 13,41 Road commissioners, appointment and duties _ --- — ---— 6 — 26 Road districts inAct authorizing creation of --- —-___ --- —- ___ --- — ---- 5 Boundaries, record of road, by whom made --- —---------- 5 Creation of, by whom -____ --- -— _ _ ----------- 5 Road overseersAct authorizing appointment of______ --- —------------- 5 Blank forms, etc., for use of, to be furnished by clerk of district court ------— ____ --- --------------------- 8 By whom appointed --------------— 5 --- —------- 5 Duties ofAccounts -— 6 --- ___ --- —----------------- 6 Annual report_ — __ --- —- ________ — ___ ---_ 8 Failure of, to perform________ --- —----------- 8 Penalty ----— ___ --- —— _ —8-_ --- —----- 8 Prosecution --- —---------- -— _ --- ------- 8 Refusal to deliver funds, records, etc_______ --- —---- 6, 7 Penalty —____ _ -----------— ______ ----- 7 Two days' work on roads, etc., required of male residents --- 7 Double tax prohibited _____ --- —------------- 8 Failure to work on account of sickness, etc___ --- —-- 7 Penalty-_____ --- —---------------------- 7 Notice_ --- —-------— 7_ --- —---------- 7 Payment in lieu of — — _____ --- —------ ------- 7 Receipt___ --- —----— __ —____ ---------- 7,8 Refusal to work__ __ --- —---------- 7 Substitute -------- -__ __-7 --- —----------- 7 Tax paid by one day's work_ ---____ _- ----— _ 7 Condition _ -------------— 7 ---------- 7 Laws, copies of, to be furnished by Attorney-General of the United States for use of -__ --- —---------— 9 --- 9 Oaths, etc., required to be taken by_ --- —--— _- — _____ 8 Per diem ------— _ ----_ _-____ --- —------ 8 Maximum -______ --- —--------------------- 8 Term of office and qualification of __ ---- ----— 6 --- 6 Bond required --— ________ —___ ---_- -------- 6 Oath --— _ —_ — ---------------------- 6 Residence _______ --- —----— _____ --- —--- 6 Vacancies in office of, by whom filled_ --- —_ ----— _ —____ 5 St. George, island of, appropriation for furnishing food to natives. —. 12,40 St. Michael Canal, preliminary examination of, to be made --- —_ ---- 37, 38 St. Paul, island of, appropriation for furnishing food to natives -. --- 12,40 Salmon fisheries, appropriation for protection of__ --- —--- -- 2,3,12,40 Agents' salaries___ _ --------------------- --- 12,40 Salmon hatcheries, appropriation for establishment of_ --- —-_- --- 39,40 School districts in townsEstablishment of, by common council —___ -------— _ ---- 27,44 School board, members of ----— _ __ __ --- —-- __- - 27,44,45 Duties and powers of-___ — _ ___ --- —------------ 28,45 Election of____ -------— _- - 27,45 Oath __ _ -----— ___ —___ 27,45 School fund, expenditure of, under -__ __ _ --- —--— _ _ 27,45 Teachers __- --------- ------------------- 27,45 Term of office -- _ --- —-------------- _ --- —- 27 One-year term added ---------------------- -- 45 Vacancies, how filled -. --- —.-.- ---- _ __ --- — - 27,45 INDEX. 315 ALASKA-Continued. Page. SchoolsGovernor to be superintendent of public instruction-___- - -- 27 Portion of Alaska fund devoted to --- —- ----------------- 25 Pupils admitted__- ______ --- —----------- 30 Provisions for Eskimo and Indian children ---- __ _ — - 30 Reports of town schools______ --- —----------------- 29, 30 School districts in incorporated towns ----— ___- ------ - 27 Establishment of ----------- -------- ________ 27,44,45 Outside of incorporated towns_ --- —--------------------- 28 Establishment of_ --- -------------- -- 28 School board, election, duties, etc_____ ---_ --- —--- 28 School board, election, duties, etc —_____ --- —---- -- 27,44,45 Seal fisheries, appropriation forAgents' salaries, etc_ ----_ __ ---- ___ --- — --------------- 12,40 Protection of _ __ _ __ --- —------------- - ----- 11, 39 Secretary of the district ofBond required__ _ __ ___ --- —— _ __ -------------- 46 Fees received by, to be used for Alaska Historical Library and Museum _ —4 --- —-- -------------- 45 Services of, fees to be paid for --- —------------------------- 45 Seward, appropriation for military cable from Valdez to-_______ - 66 SitkaAppropriation forBuildings and wharf at, repairs to- __- ---------- 9, 11, 39, 43 Cable to Fort Liscum, from_ -----— _,- ____-_____ 51 Marine Corps, repairs to barracks__ — ____ --- —------ 61, 71 Juneau made port of entry in lieu of --- —--------------------- 22 Snake River, right to dredge, etc., granted Nome Implrovement Company (see also Nome Improvement Company) —_________ --- — 36 Steamboat-Inspection Service, inspectors of hulls and boilers in the collection district of________ --- —--------------- -- 34 Assistants, and clerks authorized-___ --- —-_ --- —- - 34, 35 Details, etc -------- --------- ---------- 35 Duties ------ ------- -- ---------------- 35 Salaries --------- --------- __ —_ ---- 35 Salaries -__ --- -------------- ------- 35 Superintendent of public instruction, power and duties of governor as_ 27 Surveyor-general, office ofAppropriation forClerks in__- -— _ 3, 32 Contingent expenses —__ ______ _ --- —---- 3,4, 9, 32,43 Salary of surveyor-general and ex officio secretary_ — __ _ 3, 32 Town incorporationsAnnual election of common council _______ — — ___ ---— _ _ 17,18 Duties and authority of officers____ ---- — ___ -— _ 20,21 Election proceedings _____ ---_______ - -----— _________ 16,17 Ordinances ------------------ ---- - __20 Issuing bonds prohibited__ ---______ -- --— ______ 20 Petition to district judge —____ --- —------------- 15,16 Powers of common council__________ --- —------- - 18,19, 20 Use of license moneys -- _ ---- __ ____-_- 21 Valdez, appropriation forMilitary cable to Seward from _________ --- —— _____ 66 Survey, etc., military road to Fort Egbert from___ —_____, 73 Western Alaska Construction CompanyExempted from license fee___-________ — _______ - --- 25 Conditions ----- --------------- ----- 25 Time extended for constructing railroad in, by__________ —_ 4,5 Yukon River, appropriation forLocating military trail to Coldfoot on Koyukuk River__ -— __-__ 56, 73 Survey, etc., road from Valdez to Fort Egbert- ____ _ 56, 73 ALASKA COMMERCIAL COMPANY: Appropriation for_____ __- _ ---___ _ — 1,2 ALASKA EXPLORATION COMPANY: Appropriation for —_____ —_____ - 1,2 "ALASKA FUND ": Appropriation from treasury of___ --- —------- ----- __ 39 Receipts from licenses outside of towns, to constitute-___ _ --- -- - 25 Disposition of --- —---- ----------------- -- 25 a16 INDEX. ALASKA, HISTORICAL LInEAlLY AND) MUSEUM: All fees received by secretary of Alaska to be used for --- —------------------ 45 ALASKAN BOUNDARY: Appropriation for marking, between Canada and Alaska --- —--------------------------- 1,42 ALASKAN ESKIMOS: Education of, appropriation for ------------------ 41 Exempt from channel charges at mouth of Snake River, Alaska --- — 36 Provision for educating children of --- —-------------- 30 ALASKAN FuR-sECAL FISHERIES: Negotiations requested for revision of regu'lations, etc ------------------------------— 23,24 ALASKAN INDIANS: Appropriation for transporting pupils to Carlisle, Pa., and Salem, Oreg ------------------------------ 10 Education of, appropriation for ------------------- 41 Provisions for educating children of --- —----------- - 30 Snake River, exempt from channel charges at mouth of --- —---- 36 ALASKAN SEAL FISHERIES: Appropriation forAgents' salaries, etc --- —-----------------— 12,40 Protecting --------------------------— 12, 39 AMADO, RlCAnno: Plaintiff in error v. The United States, decision of the Supreme Court (195 U. S., 172) -------------------- 304 AMBASSADORS: Appropriation for salaries --------------— 89, 92 AMERICAN SEAMEN: Appropriatlon for relief and protection of --- —-215, 225 AMERICAN SUGAR REFINING COMPANY: United States, appellant, v., appellee, decision of the Supreme Court (202 U. 5., 563) ---- ----— 308 AMERICAN VEaSELS: Carrying goods between United States and Philippines, restricted after July 1, 1906, to-. --- —----------------- 119 Time extended to April 11, 1909 --- —------------- 120 To be used In carrying army and navy supplies --- —------- 64 APPROPRIATIONS: Adjutanit-General's Department, Army, for pay of officers ------ - 52 Agricultural experiment stations ---------------— 21,8, 225.AlaskaAgricultural experiment stations --------------- 218, 225 Alaska Commercial Company and others, payment to, for supplies furnished destitute Alaskans --- —---------- 1,2 Alaska Exploration Company and others, payment to, for supplies furnished destitute Alaskans --- —------------- 1, 2 American seamen, shipwrecked In, for relief and protection of 215, 225 Attorneys, district of, salaries -------- --------— 3,32 offices of, Incidental expenses --- —-----------— 13, 42 Boundary between, and Canada, for marking --- —-----— 1,42 Bringing home remains of civil employees, Army, who die in ---- 63, 72 Buildings and wharf at Sitka, for repairs to -------— 9,11, 39, 43 Clerks, district of, salaries -----------------— 3,32 Courts, United States district, for miscellaneous expenses ---- 44, 228 Department of Justice, traveling expenses In (see also Department of Justice) --- —------------------ 10 District court --- —------------------— 44, 228 Eskimos, for education of --- —---------------- 41 Exhibit at Lewis and Clark Exposition --- —- -------- 216 'Fish hatcheries In, for establishment of --- —-------— 39,40 Agents' salaries --- —------------------ 12 Government In the district of --- —----------— 3, 32,43 Incidental and contingent expenses of ---------— 3,32,43 Governor of, salary --- —-----------------— 3,32 Guertin, Franak, payment of Court of Claims judgment to --- —- 83 IndiansFor education of-41 Transporting pupils to Carlisle, Pa., and Salem, Greg ---- 110 -Insane persons, for care and custody of --- —- -------- 41 Judges and clerks, traveling expenses -------------- - 13, 42" Judges of the district of, salaries ------- --------— 3, 32 'Lewis and Clark Exposition, for exhibit at --- —-- ----- 216 TNDEX. 317 Page. APPROPRIATIONS-Continued. Alaska-Continued. Mail transportation, for difficult and emergency service in 1.. --- 11,35 Marshals and attorneys, offices of, for incidental expenses ---—. 13, 42 Marshals, district of, salaries ------------ 3,32 Military cableSitka to Fort Liscum ------------------- 51 Valdez to Seward -. --- —--- _ ------------ 66 Military telegraph lines in, for purchase of supplies, etc- 47 Military trail on Koyukuk River, from Yukon to Coldfoot, for locating ---------------------------- 56, 73 Mineral resources of, investigation of, by Geological Survey ---- 2, 41 North American Transportation and Trading Colilpany and others, payment to, for supplies furnished destitute Alaskans. --- —-- 1, 2 Officers and soldiers, Army, for bringing home the remains of, who die in -----—. ------------- -------- 63, 72 Postal service, difficult or emergency mail service ill --- —-- 35 Postal service, unusual business, third and fourth class offices, service in ------— _____ --- —------ ------- 35 Public lands, surveys and resurveys, etc- - 7 ---- ---- 12,13, 40, 41 Reindeer stations, for support of -.- ------- _ -- _ ---- 13,41 Relief and protection of American seamen shipwrecked in ---- 215, 225 St. George, island of, for furnishing food to natives --- —------- 12, 40 St. Paul, island of, for furnishing food to natives --- —------ 12, 40 Salmon fisheries, for protection of ------------- 2, 3,12, 40 Seal fisheries_ — ------------- I- ----- 11, 12,39,40 Agents' salaries, etc -------------------------- 12, 40 Protection of ----- --------------------- 11, 39 SitkaRepairs to barracks, Marine Corps_ — --------- 61, 71 Repairs to buildings and wharf at_ ----- --- - 9, 11, 39, 43 Surveyor-general, office ofAnd ex officio secretary of, salary ---- ----— _ ---- 3. 32 Clerks in__ ---------------------- 3,32 Contingent expenses_ — ---— _ -------- 3,4,9,32,43 Surveys and resurveys of coasts__ ------- ----- -220,, 227 Travers, Michael, payment of Court of Claims judgment to guardian of --- —-------------- --------------------- 83 Wagon road from Valdez to Fort Egbert, appropriation for survey, etc ----— __ _____. -------------- 56, 73 Alaska Commercial Company -_ —_-_ — __-__-__-__- __ --- —------ 1, 2 Alaska Exploration Company --------—.....___ - _ 1,2 "Alaska fund," from Treasury of ---------------------- 39 Ambassadors and ministers --— __ -------— __ __89,92 ArmyAlaska military cable, Sitka to Fort Liscum --- ----- 51 Back pay and allowances, service of officers and men, war with Spain and in Philippines_ ------- -_ ------- 63, 72 Barracks and quarters -------- -- --------- 56, 67 Shelter in Philippines ---—. ----- ------ 56, 67 Bringing home the remains of civil employees of_ ---- --- 63, 72 Bringing home the remains of officers and enlisted men from abroad ---------------------------- 63, 72 Contract surgeons ----------------— _ --- — 54 Enlisted menBack pay and allowances, during war with Spain ------ 63 Service in Philippines ---------------- 63 Bringing home the remains of, from abroad ---------- 63, 72 Who die on transports ------ __ --- —---- 63, 72 Marking places where American soldiers fell in Cuba and China ----------------------- 72 Twenty per cent increase on pay, service in Philippines, etc- 54, 66 Fortifications in insular possessions --- —------------------- 50,68,69 Locating military trail, Koyukuk River, between Yukon and Coldfoot, Alaska ------------------ ----- 56, 73 Marking places where American soldiers fell in Cuba and China- 72 318 INDEX. APPOPRIATIONS-Continued. Page. Army-Continued. Military cable, Valdez to Seward, Alaska-.. --- —-- ---------- 66 Military information division, contingent expenses --- —---- 51, 65 Branch office at Manila, P. I__ ------ ------ ------- 51, 65 Military telegraph lines in Alaska, for purchase of supplies, etc- 47 OfficersBack pay and allowances, during war with Spain, ----_ - 63 Service in Philippines-_____ --- —----------- 63 Bringing home the remains of, from abroad___ --- —-- - 63,72 Marking places where American soldiers fell in Cuba and China -------- - -------------------- 72 Ten per cent increase on pay, service in Philippines, etc __- 54,66 Ordnance Department, stores furnished Marine Corps in Philippines ---------------------------------- 62 Ordnance depot, Manila, P. I., completion of office building -— _ _ 63 Philippine Scouts ---------------------- ---- - 55,56,67 Above to be accounted as pay of the Army -_ --- —------ 56, 67 Assignment of paymasters' clerks to Paymaster-General's Office - --— _ — ------— 6 — ----- -------- 67 Payments to militia, mileage allowances --- —---------- 56 Retired pay, enlisted men --- —------- ----------- 54 Double credit for service in China, Panama, etc__ --- ---- 54 Retired pay, officers -__-__ --- —------------------ 53,66 Assignments to duty- ------------ ------------- 54 Colonels and lieutenant-colonels_ --- —---------- 66 Promotion for service in civil war --- —---------------- 53 When assigned to active duty _ _ --- —---------- 66 Signal Service expenses_ --- —---- - 51 Cable, Sitka to Fort Liscum, Alaska _ --- —--------- 51 Survey, etc., wagon road Valdez to Fort Egbert, Alaska --- —-- 56, 73 Transportation -------- ------------------- ---- 56,.67 Transport service, sale restricted ---_ l__ --- — - - 56, 67 Ten per cent increase on pay of officers serving in Philippines, etc_ 54, 55 Twenty per cent increase on pay of enlisted men serving in Philippines, etc-__ — _ --- —_-_ --- —- -- 54 Betancourt, Gaspar A., payment to personal representative of ------- 78 Billett, Eugene R ------------------------------ --- 84 Boehm, Albert ---- _ --------------------------- 84 Brand, Robert ------------------------------ --- 83 Bringing home remains of officers, soldiers, and civil employees, Army, who die abroad and soldiers who die on transports __ --- — 63, 72 Bureau of Fisheries, for salaries of agents in Alaska --- ---------- 12 Bureau of Soils-2 2. --- — -------------- —. - 218, 225 Butt, Archibald W ------- ------------------------- 84 Canal ZoneCession of, by Panama_ ------- - _ --- —--------- 114 Deficiency, for expenses of Commission; reappropriation. --- -__ 116 ChinaBringing home remains of civil employees, Army, who die in —. 63,72 Marking places where American soldiers fell in___-_ --- —-- 72 Coast and Geodetic Survey-__ --- —--------- 220,221,226,227 Collar, Charles E__ --- —--- _ --- —--- --------------- 83 Consular service, salaries --- —---- ---------------- 89, 90, 93 Consulates --- —---------------------- 90,93 Consuls --- —------------------------- 89,93 Consuls-genetal —.. --- —- --------------------- --- 89, 93 Contract surgeons, Army --- —-- - ---------------- -------- 54 Corwine, John, payment of Court of Claims judgment to --------- 83 Court of ClaimsClaims reported by --- —------------------------ -- 83,84, 85 For paying judgments-_ --- —- ----------------- 79,80,81,82 CubaBringing home remains of civil employees, Army, who die in —_ 63,72 Consul at Cienfuegos_ -- --------- ---- ---- - 89,93 Clerk hire ------ ------------ - 90,93 INDEX. 319 APPROPRIATIONS-Continued. Page. Cuba-Continued. Consul at Santiago de _ —____ --- —---— _____ --- —-__ 89,93 Clerk hire____ ------------------------- 90,93 Consul-general at Habana__ ____- ___ ---__ ___ --- —--- - 89, 93 Clerk hire_ __ ----------- — ______ --- —----- 90,93 Dry dock, Habana___- ___ --- —--— ______ ---- - 62, 73 Light station at Guantanamo_ ___ --- —--— ____ ----__ 93,94 Marking the places where American soldiers fell in____ —___ _ 72 Minister to____ ______ --- —----------- 89,92 Naval station, Guantanamo. --- —- _ --- — --------- 48, 58,93 Dry dock, dredging, etc -- - _-_ --- —--— __ --- —-- 58 Expenses incident to the occupation and utilization of the_ — 48 Secretary and second secretary of legation____________ --- - 89, 92 Spanish Treaty Claims Commission, expenses, taking testimony in_ 75 Tobacco growth and soils, for investigation of__ --- —---- 218,225 Deitrick, James, for payment to --- __ ______-_ --- —------ 9, 10 Deitrick, Leonard L ---______ — _____ ----- __ --- —----- - 84,85 Department of AgricultureBureau of Chemistry __-_ --- —__________ --- —------- 224 Bureau of Soils -_______ --- —----------------- 218, 225 Experiment stations- ----------—,_ --- —--— __ 218, 225 Weather Bureau ___- ___ --- —-----— __________ _ 217, 218, 224 Department of Commerce and LaborBureau of Immigration, salaries —_____ --- —------ ------ 118 Administration of Philippine immigration laws___ --- —- -- 118 Coast and Geodetic Survey_______ --- —-------------- 220, 226 Light-House Establishment, Porto Rican light-house service__ 210,213 Statistical work, Census Office; Philippines, etc____ — ---- 122, 123 Department of JusticeInsular and territorial affairs; estimates__________ --- — 221, 228 Judges and clerks, Alaska, traveling expenses______ --- —-- 13, 42 Marshals and attorneys, offices of, Alaska, incidental expenses_ — 13,42 Prize money, Ponce, P. R-__- _______ --- —---------- 214 Rafael Subira, refund of fine to — ----------------- 214 Spanish Treaty Claims Commission_______ --- —----- 76, 77, 78 Defense of suits before ----_ -------------------- 76, 77 Expenses of taking testimony abroad____-____ ______- 76, 78 Payment to personal representative of Gasper A. Betancourt_ 78 Traveling expenses in Alaska — __ _ --- —-— __ _- ----- 10 Diplomatic and consular service___ ---------------- 89, 92, 93 Discher, Herman F —______ ___ --- —------------- 84 District courtsAlaska -------------— __ 44,228 Hawaii__ --- —— _______________ --- —-- - 96,108,228 Judges of --- _ --- —--- _ ----------- 96,108 Ebeling, Henry_ --- —----------- 84 Envoys extraordinary and ministers plenipotentiary, salaries —____- 89, 92 Eskimos, Alaskan, education of __ - _______ _ --- —- - -__ --- 41 Filipinos, for employment of, in office of Coast and Geodetic Survey in Washington_ _ - -------------- --------- 227 First Assistant Postmaster-General, office of, postal service in Alaska_ 35 Fisheries bureau ____-__-__-____ --- —---------- 12,39,40 Fortifications in insular possessions ------— __-_____ _ 50, 68, 69 Fur-seal regulations, for expenses negotiating for revision of___ --- — 24 Gallatly, Hankey & Co., London, England, for damages to steamship Mogul --------- ___ ----- ___ --- —----- 117 Gantt, M. A., & Son --- —----------- 84 General account of advances, Navy, for reimbursing_____ --- —- 61,62 General Staff Corps, Army, for contingent expenses, military information division --— __________ --- —------------- 51, 65 Branch office, Manila, P. I ---------------— __ _____- 51,65 Geological Survey, for investigating Alaska mineral resources. ---- 2,41 GuamEnlisted men, Army, 20 per cent increase on pay, service in -. --- 54, 66 Marine Corps, repairs of barracks --- _ ---- -..._.. 61, 71 320 INDEX. APPROPRIATIONS-Continued. Page. Guam-Continued. Naval station__- ___ --- —------- ------ 58, 62, 70 Officers, Army, 10 per cent increase on pay, service in --- —-- 54, 66 Reimbursing Army, supplies furnished Marine Corps in ------- 62 Guertin, Frank, payment of Court of Claims judgment to --- —-- 83 Harbors, for improvement of__ --------------- 37,111, 213 HawaiiAgricultural experiment stations_-_____-__ _____ —_- 218, 225 American seamen, shipwrecked in, for relief and protection of- 215, 225 Bringing home remains of civil employees, Army, who die in ---- 63, 72 District court, salaries and expenses__ --- —---------------- 96, 108, 228 For procurement of sites for defenses of --- —----------------- 50 Government in Territory of__ -------------- 95,96, 108 Contingent expenses -----------— _ --- —-— _ --- —-------- 96,108 Salaries ___ --- ------------------- 95, 96, 108 Governor of, salary- __.__._ --- —---- -__ --- 95,108 Improvemnt of harbor at Honolulu-_ -------------- 111 Judges of circuit courts -- ---------------— _ 96, 108 Leprosy hospital at Molokai ---- ----------------- 109 Marine Corps, repairs of barracks ---------- _ --- 71 Naval station, writer and messenger, Bureau of Yards and Docks ------------------------- 58, 69 Quarantine service --- —--------------- 80, 220, 226 Claims allowed by Auditor Treasury Department --- —------ 80 Maintenance of system in -_ --- —------- 220, 226 Secretary of, salary --- —------------- 95,108 Surveys and resurveys of coasts-_ __ ----__ ----_ --- — 220, 227 Weather Bureau, salaries, maintenance of stations --- —-- 217, 218, 224 Hayes, John F., payment to.... --- —------- ----------- 10 Hensel, Oscar --------------- _ ---_ -- 84 Immigration bureau -—. ---------— ___ _ —_- 118 Insular and territorial affairs, for expenses judicial affairs; estimates ----------. — ------------ 221, 228 Insular possessions, fortification of --— __- ___ --- —- 50, 68, 69 Isthmian Canal, determining route — ___ ---- --------- 82 Jachinski, Ambrosius_ --- —-__ -— _ --- — ------ __ 84 Johnson, George ------------------------ ----------- 84 Johnson, Henry — ----------— ___ --- — _ 83 Judgments, Court of Claims -------------- 79, 80, 81, 82 Kempt, Frank H ----------------------- 84 Kohl, Fred W ------------- ------------ 83, 84 Kroeff, Frank A --- —-------------------- 84 Leprosy hospital, Molokai, Hawa ii --- ------- -------- 109 Lewis and Clark Exposition ---- ------- __ _ — 216 Light-House Establishment, Porto Rico__ ---- -- ------- 210,213 Lodge, G. C., payment to --- —----- _ _ -- 113 Marine Corps ----------- ------------ 47,60, 71 Markworth, Adolph G -------- -- ---------- 84 Midway Islands, survey of channel, Welles Harbor ---------------- 69 Military Information division-_-_- __ ---- _- ----- ___-__ 51, 65 Mogul, British steamship, payment to owners _-_ —.. -- _ --- 117 Moses, Franklin — ----------— ____ — 2 Murakami, T., for refunding duties — _- ___- __ -_ _ —_ 112 Nagel, Herman ---- --------------- ---------— __- 84 National cemeteries-_ --------- ---------- 63, 72 Naval Establishment --- —----------- 47, 61, 73 Naval stations ------------------ 48, 57, 60, 93 NavyBureau of Construction and Repair --- —---------- 60 Bureau of Equipment --- —----- ---------- 57, 69 Bureau of Supplies and Accounts --- —---------------- 60, 70 Bureau of Yards and Docks -------------- --- 58, 69 Dry dock, Habana, Cuba ---------- ----------- 62 Naval hospital, Canacao, P. I., for completing --—. --- — 60 Naval magazine, Philippines --------- ------- 60 Naval station, Olongapo, P. I., establishing ---- -- -- 59 INDEX. 321 APPROPRIATIONs-Continued. Page. Navy-Continued. Provisions ------------------- ----------------------- 60 Tutuila Naval Station, wharf -- ---- --------------- 58 Navy and Marine Corps, for bringing home the remains of officers and men who die abroad --------------— _ --- —--------- 47 Available until used - -------------------------- ----- 47,48 Navy-yards and stationsCanacao, P. I., naval hospital, completion of --------------- 60 Cavite, P. I., clerks, etc ------------------------- 57,60,69 Floating steel dry dock ------------------------- 60 Joiner shop -------------------------------------- 48 Consolidating power plants at _ --- —-— _ --- —-----— ~ — 59 Cuba, Guantanamo, expenditures incident to occupation and utilization of ------ V ------------------------ - - 48 Dry dock, dredging, etc --- —---------- -------------- 58 Cuba, IHabana, dry dock --- — ------------------------ 62 Guam, clerks, etc --- —-----— ' --- —------------ 58, 70 Ice l)lant, labor for building~ —2 --- - --------- _ --- —- 6 Repairs and preservation --- —---------------------- 62 Hawaii, writer and messenger ---5__ ----------— _ --- —--- 8, 69 Olonglapo, P. I., establishment of -----— _ --- —----------- 59 Repairs to buildings, etc~ --- —---------------------- 70 Porto Rico, San Juan, clerks, etc ---------------------- 58, 69 Philippines, naval magazine --- —---------------------------- 60 Samoan Islands, Tutuila, lumber shed and boathouse --- —---- 70 Wharf~ ----------------------------------- 58 Neumann, Charles ----------- - _-_-_ —_ ------------ 84 North American Transportation and Trading Company --- —------ 1, 2 Novotny, Frank --- —-- ----------- _- ____ --- - - 83 Nussbaumer, Joseph J --- —----------------------------- 84 Odo, K., for refunding duties --- —----------------------- 112 Officers, ArmyBack pay and allowances during war with Spain -__ — 63 Service in Philippines --- —----------------------- 63 Bringing home the remains of, fromnt abroad —___ —__ --- —------ 63, 73 Marking places where American soldiers fell in Cuba and China- 72 Pay of retired -- -------------------------------- 53 Ten per cent increase oni pay, service in Philippines, etc --- —-- 54, 66 Ordnance Department, Army, for reimbursing, stores furnished Marine Corps in Philippines ----------------- -------------- 62 PanamaCession of Canal Zone --- —----------------------------- 114 Determining route, Isthmian Canal --- —--------- ------- 82 Enlisted men, Army, 20 per cent increase on pay, service in —_- 54, 66 Officers, Army, 10 per cent increase on pay, service in — - -- 54, 66 PhilippinesAmerican seamen, shipwrecked in, for relief and protection of-_ 215, 226 Back pay and allowances, officers and men, Army, service in_ — 63, 72 Barracks and quarters, Army --------------— __ ----- 56,67 Bringing homie remains of civil employees, Army, who die in_ — 63, 72 Butt, Archibald W., payment to, money stolen from, in --- ----- 84 Canacao naval hospital, for completion of -— __ --- —----- 60 Cavite naval stationBureau of construction and repair, for clerks ------- - 60, 71 Bureau of equipment, for electrician and clerk --- —-- 57,58,69 L Bureau of supplies and accounts, clerks, storekeepers, etc --- 60, 70 Bureau of yards and docks, clerks, messengers, etc- ------ 58, 70 For floating steel dry dock, etc --- - _ _ --- —-- --- --- 58,59 For joiner shop ---------------- ------------ 48 Census of --- —------------------------------- 122,123 Civil government in, for reimbursement, maintenance of prisoners~ --- —---- 7 ___ --- —------------ -— _ ---- 117 Corwine, John, payment of Court of Claims judgment to --- —- 83 Enlisted men, Army, 20 per cent increase on pay, service in_ --- 54, 66 For reimbursing Ordnance Department, Army, stores furnished Marine Corps in -_ 62 322 INDEX. APPBOPRIATIONS —Continued. Page. Philippines-Continued. Manila ordnance depot, for completion of office building _ --- —- 63 Marine Corps, cold-storage and ice plant at Olongapo, for construction and equipment_______-___ --- —------ - 61 Marine Corps, repairs of barracks__ ____ --- —-—.-. 61, 62, 71 Military information division, General Staff Corps, Army, for contingent expenses at branch office, Manila_ __ --- —------ 51,65 Mogul, British steamer, payment to owners for damages, collision with transport Warren, Manila Bay — _ ----______ --- —----- 117 Naval magazine, bureau of ordnance__-_ _____ --- —---- - 60 Officers, Army, 10 per cent increase on pay, service in__ --- — 54, 55, 66 Olongapo naval station, for establishing__-__ —_ --- —------ 59 Repairs to buildings-__ ___ __ -------------- - __ 70 Philippine Scouts, pay of officers and.enlisted men__ _ ---- 55,56, 67 Shelter, etc., of the Army in________ --- —--— ________ 56, 67 Philippine Scouts, for pay of officers and enlisted men -_____ —__ 55,56, 67 Porto RicoAgricultural experiment stations-_ ______ _ __ 218,225 American seamen, shipwrecked in, for relief and protection of_ 215, 225 Bringing home remains of civil employees, Army, who die in _-_ 63, 72 Harbors, for preliminary examination of -----— ___. --- —---- 213 Light-house, etc., expenses____________ —___ --- —-- 210, 213 Marine Corps, repairs of barracks-_____ _ --- —---------- 61, 71 Naval station, San Juan, Bureau of Yards and Docks, clerk, foreman, etc ----- ------------------------------ 58, 69 Pay of officers and men, Porto Rico Provisional Regiment ----- 67 Ponce, for prize money, ships captured at ---------— __ ____ 214 Quarantine service______ --- —— ____________ _ 210, 220, 226 Maintenance of system of -----------— __ ____ ___ 220, 226 Station, San Juan, lazaretto, executive buildings, etc --- —- 210 Resident commissioner from, for salary, etc --- —------------ 209, 212 Postal serviceDifficult or emergency service in Alaska-__ --- ___ --- —- - 35 Unusual business, third and fourth class offices, service in Alaska --— _ __ _ — _ -— _ -_ — __ __ — __ _ --- —- 35 Provisions, Navy __ --- —------ _ --- —--------------- - 60 Quarantine service___________-_ --- —-------- - 220, 226 Quartermaster's department, Army (see also Quartermaster's Department, Army)___ - -___ _ ------------------- 56, 62, 67 Rapid-fire guns, Army __ --- —--- -— ______ --- —----- 50 For insular possessions__ ------— __ _ —_____ --- - 50 For purchase, manufacture, etc __ — _ --- ___ —_ ___ — - 50 Relief and protection of American seamen________ —____-___ - 215, 225 Repair of deep-sea military cables_ --— _ --- —-- ---------- 66 Cable from Valdez to Seward, Alaska - -- _ __ --- —------ 66 Revenue-Cutter Service — ____ --- —- _ — ------------- 11, 39 River and harbor improvements, Honolulu_ --- —-- ---------- 111 Seacoast guns and mortars, insular possessions________- — ____._- _ 50 Seal fisheries, protection of, etc --- —---------- ------- - 12,39. 40 Seamen, American, for relief and protection of__ __ —____- _ 215. 225 Second Wisconsin Volunteer Infantry, war with Spain, payment to members of band-___________ --- —---- ---------- 83, 84 Secretaries of embassies and legations, salaries ___ -— ___ --- — 89,92 Shipwrecked American seamen, for relief and protection of --- —-- 215,225 Signal Service --------------------------- ----- 51, 66 Simmet, Louis -------------------------- 83 Sites for fortifications, for purchase of, for Hawaii_________- -- 50 Soils Bureau __ --- — -— _ --- —------- 218,225 Spanish Treaty Claims CommissionPayment of awards made by-__- ---- -----— __ _ 75, 78 Payment to personal representative of Gaspar A. Betancourt — l 78 Salaries and expenses_ ----------------------- _ 76, 78 Defense of suits before __ _ _ -- -- ------ 76 Taking testimonyAbroad _ --- —--— __________ ______ 76, 78 In Cuba ---------- ----- ----- -- 75 INDEX. 323 APPROPRIATIONS-COntinued. Page. Spiegel, Adolph, payment to --- —------------------------ 214 Subira, Rafael, refund of fine to -----— _ --- —----------- -_ 214 Surveyors-general and their clerks-__- _ --- —----------— _ 3,32 Territories, for government in --- —-----— __ ---- 3,32,43,95, 9, 108 Travers, Michael, payment of Court of Claims judgment to guardian of ___-_ --- —------------------------- 83 Treasury Department --— _ -- -- ----- ----— _ 39,117,220,226 Trier, William J --- —---------------- 84 Turner, William B., for indexing, etc., report of the Isthmian Canal Commission ----- __ _ _ ---- _ --- _ ___ --- —--------— _ 113 Tutuila Naval Station, Samoan Islands --- —-------- ------- 58,70 Virginia, payment to citizens of, damages, war with Spain ------- 84 War DepartmentArmories and arsenals --------------- -- 63 Arrears of pay, war with Spain_ ____ ________ —6 63,72 Bringing home the remains of officers, etc_ --— _ — __-_- __ 63, 72 Locating military trail between Yukon River and Coldfoot, Alaska ------------—, ---------- ---- 56,73 National cemeteries ------ — ___-_ —______ --- —----- 63,72 Reimbursement to the government of Philippine Islands, maintenance of prisoners -__ ---____. ___ _ _ --- —------- 117 Survey for wagon road from Valdez to Fort Egbert, Alaska_-.. 56,73 War with Spain, back pay and allowances, officers and men, Army, during --- —---------------------- 63, 72 Weather Bureau ---— ________ --- —-------------- 217,218, 224 Welles Harbor, Midway Islands, survey of channel ---— _- ---—.__ 69 West Indies; weather bureau, salaries, maintenance of stations_ 217, 218,224 Wetzel, Ferdinand ___ --- —---------— ______ _ --- —-- 84 ARMORIES (see also Arsenals and armories). Appropriation for-__-_ - 63 ARMSTRONG, CARLOS, a British subject, a merchant carrying on business between Porto Rico and the United States, appellant, v. The United States, decision of the Supreme Court (182 U. S., 243)- -- -- 296 ABMY: Adjutant-General's DepartmentAppropriation for pay of officers ___ --- —- -— __ ------- 52 Merged in Military Secretary's Department — __ _ -- - _ --- 52 Appropriation forAlaska military cable, Sitka to Fort Liscum —__ _ — --— _ _ 51 Back pay and allowances, service of officers and men, war with Spain and in Philippines --- —------ ------— _ 63, 72 Barracks and quarters -----------— _ --- —- --- _ 56, 67 Shelter in Philippines_ — - ____ --- _____ _ 56, 67 Bringing home remains of civil employees of_ ---- ------- 63, 72 Bringing home the remains of officers and enlisted men from abroad __- -_ -------- --- --- ---- _ --- —_ 63, 72 Contract surgeons -- _ — --------- -----— ___ 54 Enlisted menBack pay and allowances during war with Spain __ ----__ — 63 Service in Philippines ------...- 63 _______ 63 Bringing home the remains of, from abroad_____ --- —-- 63, 72 Who die on transports_ ____ ---- - - - - 63, 72 Marking places where American soldiers fell in Cuba and China- _ ' ----------------------- _ _72 Twenty per cent increase, service in Philippines, etc- 54 ----_ 54, 66 F ortifications in insular possessions --- —- ----— _ - - 50,68,69 Locating military trail Koyukuk River, between Yukon and Coldfoot, Alaska --------------- _ --- — ------ 56, 73 Marking places where American soldiers fell in Cuba and China_ 72 Military cable, Valdez to Seward, Alaska __ --- — _ _ --- 66 Military information division, contingent expenses-__- -_ --- 51, 65 Branch office at Manila, P. I___ --- —-------— _ —_ 51,65 Military telegraph lines in Alaska, for purchase of supplies, etc__ 47 OfficersBack pay and allowances, during war with Spain_ -— __ --- - 63 Service in Philippines__ ______63 Bringing home the remains of, from abroad -- --- --...... 63,72 324 INDEX. ABMY-Continued. Page. Appropriation for-Continued. Officers-Continued. Marking places where American soldiers fell in Cuba and China-__ --- —---- ------- 72 Ten per cent increase on pay, service in Philippines, etc —___ 54, 6O( Ordnance Department, stores furnished Marine Corps in Philippines__ ----- _ ___ --------------------- ------- 62 Ordnance depot, Manila, P. I., completion of office building-_ 63 Philippine Scouts - _ --- —------------ - 55,56,67 Above to be accounted as pay of the Army_ --- —--------- 56, 67 Assignment of paymasters' clerks to Paymaster-General's Office -— ____ ----___ --- --- _ _ — 67 Payments to militia, mileage allowances_ --- —---------- 5 56 Retired pay, enlisted men__ ___-_-__ --- ----- ---------- 54 Double credit for service in China, Panama, etc_ --- —--- 54 Retired pay, officers_ ---- ____ --- —--- ----------- 53, 66 Assignments to duty ----------------------------- 54 Colonels and lieutenant-colonels__ ---- ---------- 66 Promotion for service in civil war- _ ____ — -__ --- —------ 53 When assigned to active duty-__ --- —---------------- - 66 Signal service expenses __ --- _ ---- ---- ------ 51 Cable, Sitka to Fort Liscum, Alaska-______ --- —----- 51 Survey, etc., wagon road, Valdez to Fort Egbert, Alaska_ ----- 56, 73 Ten per cent increase on pay of officers serving in Philippines, etc_ __-_ -------- ---- _ _ 54, 55 Transportation_ -,____ --- —--------- - 56,67 Transport service, sale restricted__ _ ------------------- - 56, 67 Twenty per cent increase on pay of enlisted men serving in Philippines, etc - _ ____ --- — ---------— _ --- - 54 Artillery CorpsChaplains of, official title --- —- ___ ----_ 50 Second lieutenants credited for prior service in Marine Corps___ 65 Chaplains, provisions for promotion, etc. (see also Chaplains, Army)_ 49, 50 Enlisted men may be detailed as instructors to schools-___ _ — - 48, 49 Engineer CorpsAppointment of Chiefof Engineers_ -_______ --- —— _ ---- 53 Number of officers increased__ __-____ -------------- - 53 To constitute part of line of the Army_ ---— ____ __ ----- 53 Vacancies to be filled by promotions from Corps --- — ------ 53 In grade of second lieutenants from Military Academy cadets —_ _ _ ___ __ --- —--------------- 53 Field officers of Porto Rico Provisional Regiment to be detailed from officers of -------— __ _ --- —------------------ 55 Funds received from military stores transferred to Philippines, disposition of ---— _____ __ --- —----------------- 57, 68 Launches, settlement of accounts for, transferred to Philippine government _ --- ______________ --- —---------- 57 Military SecretarySubsequent appointee to rank as brigadier-general -------- 52 To have rank as major-general — _____ ____ ___ __- - _- - 52 To serve on board of Soldiers' Home____ _ --- —-------- 53 Military Secretary's DepartmentBureau In War Department, constituted- __- ________- _ ---- - 52 Created from Adjutant-General's Department and Record and Pension Office ------— __ _ --- —--- ---— _ 52 Number of majors limited_____ - ___ --- —---------- 52 Office of assistant chief, Record and Pension Office, to terminate_ 66 Officers subject to Chief of Staff.; -—.- — _ —_ — -— _ 52 Rank and promotion of officers --- __ ------ _ ---- 52 Rank and subsequent appointments-___ ____ ____ _ --- —— _ 52 Retention of present titles ---— _ --— _____ _______ --- — 52 Second officer to have rank of brigadier-general ----_ _ --- - 52 Senior officer to be Military Secretary, with rank of major-general_ 52 Service on Soldiers' Home board_-__ ---- _____ --- —-- 53 Title of assistant chief, Record and Pension Office, to be Military Secretary — ____ --- —---------------- ___ 66 Title of officers hereafter-.-..... —,-_-,._.... — 53,66 INDEX-. ABMY-Continued. Page Military Secretary's OfficeAdjutant-General's office merged in __ 52 Record and Pension Office merged in__ 52 OfficersArtillery second lieutenants credited for prior service in Mariner Corps -. --- —---------------—. ---- 65 Detail of, to Porto Rico Provisional Regiment- ---- - 55 Engineer CorpsAppointment of Chief of Engineers ------—. --- —— _._..- 55 -Number of officers increased- __ - ----------------- To constitute part of line of Army - ------------- 53: Vacancies to be filled by promotions from corps_-__5... 53' In grade of second lieutenant from Military Academy cadets -------. --- ——. --- — ---- 53 RetiredMay be detailed as instructors to schools -------- - 48 Compensation ---—... -------- --------- 49 Detail not compulsory --------------- 4t Ordnance, etc., issue of, for instruction and practice by schools, authorized --- -----— _ ---- 49 Bond required -------------------- 49 Schools to pay extra cost-__ --- ------ ------ 48,49 Pay of, assigned to active duty -------------- 66 Colonels and lieutenant-colonels ---- ---- —._ 66 Ordnance Department, funds received from stbres transfrerrd. to Philippines to be used for replacing same - ------—. --- 67, 6 Quartermaster's DepartmentTransfer of launches to Philippine government-_ -------- 57 Closing accounts ------------— _ 57 Transports, sale of, restricted ---------------- 56,67 Supplies to be carried in American vessels — _- -- - _ --- — 64 Charges ------—. _ --- —-—... ---- ----- 6k Exceptions__ _ --- __ __ ____ — 64 Transports, sale of, restricted --- —-------- _ ___- -__- _ 56: ARSENALS AND ARMORIES: Appropriation for completion of office building, Manila ordnance depot - ------ -------------------—............. 63 ARTILLERY CORPS, ARMY: Chaplains of, official title (see also Chaplains, Army) -—. ----._.- 50 Second lieutenants credited for prior service in Marine Corps ---—. 61 AUDITOR FOR NAVY DEPARTMENT: Settlement of claims for bounty for destruction of enemy's vessels.... 79 AUDITOR FOR STATE, ETC., DEPARTMENTS: Appropriation forClaims certified by -__ 82 Determining route, Isthmian Canal...-... 82 AUDITOR FOR TREASURY DEPARTMENT: Appropriation forPaying claims certified by ---------------------—.-... _.... 80 Quarantine service, Hawaii-......_... 80 AUDITOR FOR WAR DEPARTMENT: To audit Isthmian Canal Commission accounts ---------------------— _ ---- 115 BACK PAY AND BOUNTY: Appropriation for officers and men, Army, arrears of pay for services during war with Spain and' in the Philippines-..- 63, 72 BAKER, COL. DAVID J.: Fred C. Ftsher and Charles C. Cohn, on belttait of Felix Barcelon, plaintiffs in error, v., and Capt. John Doe Thompson, decision of the Supreme Court (203 U. S., 174)- 3.10 BARRACKS AND QUARTERS, ARMY: Appropriation for shelter, etc., In the Philippines —___ _ _ ------- 56,67 BARRACKS, MARINE CORPS: Appropriation for repairs of- 01 -BETANCOURT, GASPER A.: Appropriation for payment of award, Sbanish' Treaty Claims Commission, to personal representative of ------- 78A BIDWELL, GEORGE R.: Czarnikow, MacDougall & Company (Ltd.), plaintiffs' it' error, V., Collector of the Port of New York, defendant in error, dfelitni' of the Supreme Court (191 U. S., 55)-_..... 298 3449-07 —23 326 INDEX. BIDWELL, GEORGE R.-Continued. Page. Elias S. A. De Lima, Elias A. De Lima, and Edward De Lima, composing the firm of D. A. De Lima & Co., plaintiffs in error, v., Collector of the Port of New York, defendant in error, decision of the Supreme Court (182 U. S., 1) --- —---- ---------— __ _ 291 Samuel B. Downes, doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v., Collector of the Port of New York, defendant in error, decision of the Supreme Court (182 U. S., 244)_-___ _ --- —------------------------ 293 BILLETT, EUGENE R.: Appropriation for__ ___ ------------------ 84 BOEHM, ALBERT: Appropriation for___- ------- -- - -------- 84 BOILERS, INSPECTORS OF HULLS AND: In the collection district of Alaska ---____ — — ___ ---____ __ 34,35 Assistants and clerks authorized__ ____ --- — _______ --- 34,35 Details, etc__ ___ --- —-----— 3_ --- —----- 35 Duties — ___ --- —-— ___ —___ --- —- - 35 Salaries ---- -_ --- —---— _ — _ ------------ 35 Salaries________ —______ --- —-------- 35 BONDS: Cancellation of certain export, on articles shipped to Philippine Islands ______ --- —------- — ___ _______ --- 123 Municipal, Philippines, issue of, authorized-___ —_ _ _ --- —- --- 125 Limit -------— __ ---— _ ___ --- —----------— _ 125 Philippine government. (See Bonds of Philippine government.) Philippine railroads. (See Bonds, Philippine railroads.) BONDS OF PHILIPPINE GOVERNMENT: Exempted from Federal, State, municipal, etc., taxation --— ___ —__ 124 Issue authorized for public improvements_. --- —-— __ -______ --- —- 124 Approval of President required _ __ __ --- —-_-__ --- —-- 124 Interest ------------------------------------------ 124 Limit of indebtedness — ----------— _ --- —-— _ 124 BONDS, PHILIPPINE RAILROADS: Guaranty of interest on, issued for construction — _ ---------— _ ----------- — _-_ --- 125 BOUNDARY, ALASKA AND CANADA: Appropriation for marking __- — __ _ 1,42 BOUNTY: Appropriation for destroying enemy's vessels_ ___ --— ___ ___ 79 For destroying enemy's vessels, to be settled by Auditor for Navy Department --— ____ --- —------------------- 79 BRAND, ROBERT: Appropriation for —_ ____ --- —-— _ —_______ 83 BUREAU.OF CHEMISTRY, DEPARTMENT OF AGRICULTURE: Appropriation for investigating chemical composition of sugar and starch producing plants, etc ------------------------------------------------ 224 BUREAU OF CONSTRUCTION AND REPAIR, NAVY: Appropriation for naval station, Cavite, P. I., clerks_ __-___ --- —-------------- 60, 71 BUREAU OF EQUIPMENT, NAVY: Appropriation forNaval Station, Cavite, P. I., per diem and salary of electrician and clerk ---_____- ______- ___ --- —-- 57,58,69 Ocean and lake surveys ----------— ______ ----______ 69 Channel into Welles Harbor, Midway Islands -_____ --- —-- 69 BUREAU OF FISHERIES, DEPARTMENT OF COMMERCE AND LABOR: Appropriation forProtection of salmon fisheries-__ -— _ ___ _____ --- —----- - 12 Agents' salaries ----------— _-_____ __- — ____-_ __ 12 BUREAU OF MEDICINE AND SURGERY, NAVY: Appropriation for naval hos-, pital, Canacao, P. I-_, ________ --- —------------------ - 60 BUREAU OF ORDNANCE, NAVY: Appropriation for naval magazine, Philippine Islands ------- -__ ---------------- 60 BUREAU OF SOILS,. DEPARTMENT OF AGRICULTURE: Appropriation for investigation of soils and conditions of tobacco growth in Cuba, etc ------- 218, 225 BUREAU OF SUPPLIES AND ACCOUNTS, NAVY: Appropriation for naval station, Cavite, P. I., clerks, storekeepers, etc., in general storehouses --- 60,70 BUREAU OF YARDS AND DOCKS, NAVY: Appropriation forCavite, P. I.. naval station, clerks, messengers, etc_ ----— _ — _ 68,70 Guam, naval station, clerk, messenger, etc_ ----_ ----— _ 58, 70 Hawaii, naval station, writer and messenger... 58, 69 INDEX. 327 BUREAU OF YARDS AND DOCKS, NAVY-Continued. Page. Appropriation for-Continued. San Juan, P. R., naval station, clerk, foreman, etc -— ______ — 58, 69 Public works_ _ ----------— _____________ - - 58, 59, 70 Cavite, P. I., naval station, floating steel dry dock, etc______ 58, 59 Guam, naval station, dredging, extension of roads__ — ___- 70 Guantanamo, Cuba, naval station, dry dock, dredging, etc —__ 58 Olongapo, P. I., naval station, establishing of --- —— ______ 59 Repairs to buildings, etc____-__ --- —----------- 70 Tutuila, Samoan Islands, naval station, wharf _ --- —- _ --- _ 58 Lumber shed and boat house_-_____ --- —-------- 70 Power plants, navy-yards and stationsConsolidation of, authorized --- —— _ _ _______ __ - __ 59 Transfer of, from other bureaus to__ _ --- —__ —_-_______ 59 BUTT, ARCHIBALD V.: Appropriation for payment to —____ _ — _____ - 84 CABLES, MILITARY DEEP-SEA: Appropriation for, Valdez to Seward, Alaska_ 66 CANACAO, P. I.: Naval hospital, appropriation for completing-_____ __ 60 CANADA, DOMINION OF: Boundary between, and Alaska, appropriation for marking ______-_________ ___ --- —-----— _ 1, 42 CANAL ZONE (see also Isthmian Canal): Appropriation forDeficiency, expenses of Commission; reappropriation ----__ - - 116 Jurisdiction, etc., ceded by Panama_ --------— ______ - - 114 Goods and persons from, subject to laws affecting imports, etc., from foreign countries ___________ --- —--------------- -- - 115 Possession and occupation authorized --- —----------— _____ 114 Temporary government vested in President of the United States______ 114 Territory included ------— __.__ ------------— _ 114 CAVITE, P. I.: Appropriation for naval stationBureau of construction and repair, clerks _____._- ___ --- —- 60, 71 Bureau of equipment, electrician and clerk --- —-— ____ _ 57,58,69 Bureau of supplies and accounts, clerks, storekeepers, etc___ ----_ 60, 70 Bureau of yards and docks, clerks, messengers, etc____- ____ 58, 70 Floating steel dry dock, etc-___ —___ --- —------— _ —__ 58, 59 Joiner shop — _ ------— ________ --- —--------- - 48 CENSUS OFFICE, DEPARTMENT OF COMMERCE AND LABOR: Appropriation for statistical work; Philippines, etc-_ --- —_ --- —------------- 122, 123 CHAPLAINS, ARMY: Official designation -----— _ ____ --- —-- -------- 50 Present status --- —-- _ __ __ ----------------- 50 Original appointments, with grade of first lieutenant, mounted --- —- 49 Promotion toGrade of captain, mounted, after seven years' service_ --- —---- 49 Grade, etc., of major after ten years' service__- ___ ---- ---- 49 Limit_ --- —--— _ — --- _____49 CHINA: Appropriation forBringing home remains of civil employees, Army, who die in-___ 63, 72 Enlisted men, Army, 20 per cent increase on pay, service in -. --- 54, 66 Marking places where American soldiers fell in__-_ --- —--- - 72 Officers, Army, 10 per cent increase on pay, service in - ____-_- 54, 66 Enlisted men allowed credit for double time of service in_ ----— _ 54 Enlisted men, appropriation for 20 per cent increase on pay, service in_ --- —------ ------------------- 54, 66 Officers, Army, appropriation for 10 per cent increase on pay, service in- ------------------ 54, 55, 66 CHINESE EXCLUSION: All laws enforcing, reenacted without treaty modification, etc _ _ ---- 219 Applicable to island territory under jurisdiction of the United States ---- ___ --- —- ------------ 219 Transit of Chinese laborers permitted in insular possessions-._ 219 CIENFUEGOS, CUBA: Appropriation forConsul at-__ --- —----------------------- 89,93 Clerk hire ------------- - ----------------. - 90, 93 CIrCIT COUBTS: Appropriation for salaries of judges —__ --- —- --- 96,108 328 INDEX. Page. CIVIL GOVERNOR, PHILIPPINE ISLANDS (sCe also Governor-general): Explosives and firearmas, ilmportation of, prohibited, except by special permiit of -----------— __ _ ___ _ ____ __. _____ --- —— _- 145 To be known as governor-general of the Philippine Islands ___ --- —- 128 To issue order for delivery of fugitives from justice --- —---------- 137 CLAIMS (see also Omnibus claims act): Appropriation for — Awvards, Spanish Treaty Claims Commission_ --- —------------- 75 Paying, certifie(d by accounting officers of the Treasury_ --- —--- 80, 82 Paying judgments, Court of Claims- __ --- —------- 79, 80, 81, 82 Judgment in favor of Joseph Sudsburger excepted_ --- —--- 81 Mining, Philippine IslandsAdverse claimants-__-___ _ --- —-------------— _ ---- ----- 133 Proceedings to determine title_ _ --- —----------— ___ 133 I)emarcation of ----— ___ --- —-__ _ __ __- __- ______ — 129 Fractional -----------— _______________ __ --- -- 130 Declaraltion — _ _ - -__-_ ______-____ --- —-------- --------- 130 Description ___ _______ --- —-------— ______ __ 130 Innocelt nonconlpliance wvith regulations_ --- -----— ~1 --- 130 Sketch plan-._____ __- __ __ ___ ---------— _-__ __ 130 Issue of patents, etc __ _ _ _- _ _ --- —------- _ _ 131-133 Laying out of-__ __ — ____ --- —----------------- 129 llemoval of posts unlawful_ _ _ --- —-------------— _ _-__ 130 Provisions for locatingll,- __ __-__________-________- 128 Recording of_ ____-__ --- __________________ ---- 130 Surveys of____ _ ___ ______ --- —---------- ___ 12.9 Of States and Territories, war with Spa.in, to be presented before January 1, 19006 -,__. ____________ --- —--— _ 80,81 Settlement on governor's certificate --- —--------------------- 81 Time extended to file, for refunding Porto Rican customs duties --- —- 85 CLAIMS COMMISSION, SPANISH TREATY: Appropriation for(Gasper A. Betancourt, l)ayment to lpersonal representative of ---- 78 Payment of avwards Imade by ------------------------- 75,78 Salaries and expenses __-__- ___ ______ --- —---— ___ 76,77,78 Defense of suits before _________ --- —--------- - 76, 77 Taking testimony abroad --- —---- ----------------- 76, 78 Taking testimony in Cuba --- —-------------------------------- 75 COAL LANDS, ALASKA: Proceedings for entry of (see also Alaska)_ --- —-- 14 COAL LANDS, PHILIPPINE ISLANDS: Measurements reduced to metric system and values to pesos ---— ___ 128 Provisions for entry of, etc__ --- —— __ -— _ --- —-------------- 134 COAST AND GEODETIC SURVEY: Appropriation forField expenses___ _ --- _ --- _ --- ------ ---— _ 220, 227 Filipinos, employment of, in Washington office_ --- —-------- - 227 Magnetic observations, etc ------- -----— ____ ___ —_ 221,227 Points to State surveys_ --— _ --- —--------- 221,228 Pacific coast surveys__________ --- —---------- _ _220,227 Alaska —.__ --- —----------------------- -- 220,227 Hawaiian Islands-_____ ________ --- —---- - 220,227 Preparation of Coast Pilot_ ---------— __ ____ _ 220,221,227 Survey of coasts under jurisdiction of the United States —___ 220, 226 COAST PILOT: Appropriation for preparation and compilation of-__ 220,221, 227 COINAGE, PHILIPPINE ISLANDS: Silver certificatesMaximum denominations extended to 500 pesos-___ --- —----- _ 135 Maximum of gold reserve --------- _____ --- —-— _ __ 136 Redeemable in gold coin of equivalent value-__ ---— ____ — _ 136 United States gold may be substituted for silver in reserve _ —_ 136 Silver coinsChange in weight and fineness of, authorized — __-_- -___ — 136 Recoinage; standard for pesos_ ______ --- —------------ 136 Subsidiary coins of less weight and fineness_ --- —-_ ___ -- 136 CoLDFomT, ALASKA: Appropriation for locating trail on Koyukuk River from Yukon to --------- _ --- 56,73 INDEX. 329 Page. COLLAR, CHARLES E.: Appropriation for —.-.. ----..- -— _ ---- 8-3 CONSULAR SERVICE: Appropriation for salaries ---------------------- 89, 90. 93 CONSULATES: Appropriation for clerk hire ----------------- 90, 93 CONSULS: Appropriation for salaries ---— _- -_ _ _ --- — -— _-._- 89. 9'3 CONSULS-GENERAL: Appropriation for salaries --- —----------------- 89, 93 CONTRACT SURGEONS, ARMY: Appropriation for_ -------— _ -— _ ----_ - 54 Authority when in charge of hospitals ---- __ ----_ ---_ 54 Pay, assignments when on insular, etc., duty --- —--------------- 54 CONVENTIONS. (See Treaties and conventions.) COPYRIGHTS: Benefits extended to Cuban citizens --- —--------------- 284 CORWINE, JOHIN: Payment of Court of Claims judgment to-_ - _ ---_- 83 COURT OF CLAIMS: Appropriation forClaims reported by ----------------- 3, 84. 85 Paying judgments -7_9 ----_-_-._. ------— _ 7_. 81, 82 Judgment in favor of Josel)h,udsmerger excel ted _ ----__ 81 Settlement of awards by auditor having jurisdietion -------- 79, 80 Settlement of bounty for destroying enemy's vessels --— _ --- 79 Payment of judgment toFrank (Guertin. --- __-_-__-__-_ — ---- 83 Guardian of Michael T'ravers_ --- —--— __ ---_ - 83 John Corwine __ ----— _ ---_-_ —_- __ — 83 COURTS: Circuit, appropriation for salaries of judges -_-_ _ —_ —_-_- 96, 108 Court of Claims. (See Court of Claims.) District, appropriation forAlaska --— _ --- —_ --- —------------ 44, 228 Hawaii ------- -------------------- 96, 108, 228 Judges of — ----------------- --- 96, 108 Of first instance, Philippines, judges of, may be designated by governor-general to temporarily act as judges of supreme court ------- 12S Supreme Court of the United States. (Sce Supreme Court of the United States.) Supreme court, Philippine IslandsJustices of, compensation_ --- —-— __ --- —-----— _ 128 Powers of, over railroads aided by Government_ — ----— _ 127 Vacancies, temporary, how filled ---------------- 128 Supreme court, Territory of Hawaii., appeals, etc., from, to ITnited States Supreme Court. --- --------- -------- -— __ 110 United States. (See United States courts.) CRIMES: Extraditable, treaty with Cuba (see also Treaties and. conventions) -------------------------------- 2 CROSSMAN, GEORGE WV., and THermann Sielcken, composing the firm, of W. H. Crossman & Bro., appellant, v. The United States, decision of the Supreme Court (182 U. S., 221) ----------------- 292 CROWLEY HAROLD, plaintiff in error, v. The United States, decision of the Supreme Court (194 U. S., 461)- _ ----__- _ ---- ------- 301 CUBA: Appropriation forBringing home remains of civil employees, Army, wlho die in —_. 63, 72 Consul at Cienfuegos --- —-------------- 89. 93 Clerk hire -- ------------— 90,93 Consul at Santiago de ------------------- 89,93 Clerk hire ----------------------- 90,93 Consul-General at Habana -— _ ------------ 89, 93 Clerk hire ------------------------- 90,93 Dry dock, Habana — __ ------------ ---- _ 62,73 Light station at Guantanamo ------------ -- 93,94 Marking the places where American soldiers fell, in__ ---- 72 Minister to --------------- _ _ __- 89,92 Naval station, Guantanamo -—. —. --- --—.. -- __48,58 Dry dock, dredging, etc-_ -_ ------------- 58 Expenses incident to occupation and utilization of the --- — 48 Secretary and second secretary of legation-... —_ ---. —. - 89,92 330 INDEX. CUBA-Continued. Page. Appropriation for-Continued. Spanish Treaty Claims Commission, expenses, taking testimony in ----------------------------------- 75 Tobacco growth and soils, investigation of —__ --- — - 218,225 Cienfuegos, appropriation for consul at_ __ -- ----- ------- 89,93 Clerk hire -------------------------- 90,93 Citizens not liable to head tax__ _ —__ --- —-— __ --- — -- 90 Copyright benefits extended to citizens of -2 --- —-------------- 284 Decisions of the Supreme Court of the United States relating toFranklin Sugar Refining Company, appellants, v. The United States (202 U. S., 580) __-_____ — --------— ___ --- 308 Neeley, Charles F. W., appellant, v. Wm. Henkel, United States Marshal, etc., appelleeNo. 1 (180 U. S., 109)___ - -_ --- —------------------ 289 No. 2 (180 U. S., 126)-_______ --- —------------- - 290 United States, appellant, v. The American Sugar Refining Company, appellee (202 U. S., 563) _- __ _ _ ------- ------ 308 Declaration as to origin of customs legislation ---— ____ --- —-- 88 Enlisted men allowed credit for double time of service in _ — __ --- — 54 Equal treatment of imports by both countries__ --- ------ 88 Extradition treaty with, April 6, 1904___-__ --- —---------- 264 Protocol, amending Spanish text (see also Treaties and conventions) --— _ _ _ _ ----------- ---- - _ ---- 275 Guantanamo, appropriation forLight station _ ----------------- - 93, 94 Naval station, dry dock, dredging, etc _-_____ --- —------ 58 Expenses incident to the occupation and utilization of the-__ 48 Habana, appropriation forConsul-general at -----------— _ -__-__- ----— _ - 89, 93 Clerk hire____________ --- —---------- 90,93 Dry dock — — ____ ---- ___- ___-__ 62, 73 Imports from, to be admitted at 20 per cent reduction of tariff duty_ 87 Duration of preferential rates --- —--—,_ --- — -------- 87 No additional fees on imports from --- — __ --- —------------ 88 No discrimination in taxes on place of shipment-_ _ _ _ --- —-- 88 Postal convention with, June 16, 1903 (see also Treaties and conventions) — ___ —___ ---_ —_-_ -----— 2 — ----------- _31 Reciprocal commercial convention with, proclamation by the President convening extraordinary session of Congress for approval of_- 283 Santiago de, appropriation for consul at___ _ ----— ____ ----- 89,93 Clerk hire____ --- —------- -------------- 90, 93 Sugar duty not to be changed while present convention in force —__- 87 Supplemental commercial convention with, January 26, 1903 (see also Treaties and conventions)_- _ _ --- —-- __ _ ----__ 229 Supplemental treaty defining relations with (see also Treaties and conventions) --------- ----------------- 262 Treaty defining relations with (see also Treaties and conventions)__ 254 CULEBRA ISLAND, POBTO RICo: Preliminary examination of Great Harbor to be made __ --- —--- - --------------------- 213 CUSTOMS: Goods from Canal Zone subject to regular duties, etc -- _- - 115 Goods to Philippines to have invoices verified by collector or deputy- 204,205 Juneau, Alaska, made port of entry in lieu of Sitka-__ —_- ------ 22 Reduction of tariff on goods from Philippines paying export duty there —. --- ----- ----------------------------- 202,203 Time extended for bringing claims for refund of Porto Rican duties- 85 CUSTOMS DISTRICT, ALASKA: Juneau made port of entry in lieu of Sitka-_ 22 CUSTOMS DUTIES: Declaration as to origin of changes of_ --- - --- ----- 88 Philippine Islands. (See Philippine tariff revision law, 1905.) Porto Rican, time extended to file claims for refunding - -------- 85 CZARNIKOW, MACDOUGALL & COMPANY (LTD.): Plaintiffs in error v. George R. Bidwell, collector of the port of New York, defendant in error, decision of the Supreme Court (191 U. S., 559) -—.- -—. --- 298 INDEX. 331 DECISIONS OF THE SUPREME COURT OF THE UNITED STATES: Page. Relating to noncontiguous territory and Cuba, etc.Amado, Ricardo, plaintiff in error, v. The United States (195 U. S., 172) --- -_ __ __ --- —----------— _-_ _ --- — 304 Armstrong, Carlos, a British subject, a merchant carrying on business between Porto Rico and the United States, appellant, v. The United States (182 U. S., 243)_- ____ --- —-- 296 Crossman, George W., and Herman Sielcken, composing the firm of W. H. Crossman & Bro., appellant, v. The United States (182 U. S., 221) _-___ --- —-------------------- 292 Crowley, Harold, plaintiff in error, v. The United States (194 U. S., 461) __-______ --- —-------------------- 301 Czarnikow, MacDougall & Company (Ltd.), plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (191 U. S., 559) ----- ------------- --- 298 De Lima, Elias S. A., Elias A. De Lima and Edward De Lima, composing the firm of D. A. De Liima & Co., plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 1)____,__ --- —----- 291 Dones, Francisco, appellant, v. Jose Urrutia, warden of the penitentiary of Porto Rico, appellee (202 U. S., 614) --- -— __-_-__ 309 Dooley, Henry W., et al., engaged in trade and' commerce between Porto Rico and New York under the firm name of Dooley, Smith & Company, plaintiffs in error, v. The United States (183 U. S., 151) ---- ------------------ --- -- 297 Dooley, Henry W., et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States (182 U. S., 222) ___ --- —-------------------- 293 Dorr, Fred L., plaintiff in error, v. The United States (195 U. S., 138) ----------— _ 303 Downes, Samuel B., doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 244) _______ —___ --- —-----------—. 293 Fisher, Fred C. and Charles C. Cohn, on behalf of Felix Barce-, {, Ion, plaintiffs in error, v. Col. David J. Baker, Jr., and Capt. John Doe Thompson (203 U. S., 174) --- —---— __ ---- 310 Fourteen diamond rings, Emil Pepke, claimant, v. The United States (183 U. S., 176) ------ ------------------- _ 296 Franklin Sugar Refining Company, appellants, v. The United States (202 U. S., 580) ----- --------------- - ---- 308 Goetze, John H., doing business under the firm name of John H. Goetze & Company, appellant, v. The United States (182 U. S., 221) _ _ _ --- —- -- _ --- —---- ----------- _ 292 Gonzales, Isabella, appellant, v.. m.Williams, U. S. commissioner of immigration at the port of New York, appellee (192 U. S., 1) ---------- 299 Hawaii, Territory of, appellant, v. Osaki Mankichi, appellee (190 U. S., 197) -_ --- —------------- ------------- _ 298 Kepner, Thomas E., plaintiff in error, v. The United States (195 U. S., 100) ________ — _ --- —----- -- -------- 302 Lincoln, Frederick W., et al., trading under the firm name of Henry W. Peabody & Co., plaintiffs in error, v. The United States, No. 149 (197 U. S., 419; also 202 U. S., 484) --- —-- 305 Mendezona y Mendezona, Secundino, plaintiff in error, v. The United States (195 U. S., 158) ---------------- 304 Neely, Charles F. W., appellant, v. Wm. Henkel, United States marshal, etc., appelleeNo. 1 (180 U. S., 109) ---------- ------------- --- 289 No. 2 (180 U. S., 126) ----- ---------------------- 290 Ribas, J., y Hijo, a Spanish corporation doing business in. the.: island of Porto Rico, appellants, v. The United States (194 U. S., 315) -- -.. —........-. —. —.- _ ---- —.- 300 'S2 -INDEX. DECISIONS OF THE SUPIEME COUBT OF THE UNITED STATES-Continued. Page. Relating to noncontiguous territory and Cuba, etc.-Continued. Rodriguez, Rafael and Euripides, plaintiffs in error, v. The United States (198 U. S., 156) ___- ___ --- —---------— 306 Trono, Valentin, et al., plaintiffs in error, v. The United States (199 U. S., 521) ____ --- —------- ----------- 307 United States, appellant, v. The American Sugar Refining Company, appellee (202 U. S., 563)_ __ __ --- —---------- 308 Vidal, in re. Jose Juan Vidal et al. (179 U. S., 126)___-__ _ 289 Warner, Barnes & Company (Ltd.), plaintiffs in error, v. Nevada N. Stranahan, collector of customs of the port of New York, defendant in error (191 U. S., 560) _ ----_ _ --- — -- 299 Warner, Barnes & Co. (Limited), appellant, v. The United States, No. 466 (197 U. S., 419; also 202 U. S., 484) —___ ___ — - - 305 DEITCKx, JAMES: Appropriation for payment to____ __ --- —---- 9,10 DEITBICK, LEONABD L.: Reimbursement of-______ --- —----------- - 84, 85 DE LIMA, 'ELUA S. A.: Elias A. De Lima and Edward De Lima, composing the firm of 'D. A. De Lima & Co., plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error, decision of the Supreme Court (182 U. S., 1) --- —--- - 291 'DEPATMENT OF. AGRICULTURE: Appropriation forBureau of Chemistry _ _ _ _ -- 224 Bureau of Soils ------------------— __ 218,225 Experiment stations__- ____ --- —------------- 218, 225 Weather Bureau _ —______ __ --- —------------- 217,218, 224 Forest reserves transferred to ------------— _ _ _ _ ___-_ 31 DEPARTMENT OF COMMERCE AND LABOR: Appropriation forBureau of Immigration, salaries -— ___ ---- ----- -.-__ -- 118 Administration of Philippine immigration laws —______ ___ 118 Census Office, statistical work; Philippines, etc-_ __ --- —--- 122, 123 Coast and Geodetic Survey '______ __ --- —----— _ 220,226 Light-House Establishment, Porto Rican light-house service_ 210,213 Light-House Establishment, Hawaii, placed under-.. —. ---,_ ----- 285 DEPARTMENT OF JUSTICE: Appropriation forInsular and Territorial affairs; estimates_. --- —--— __ ---- 221,228 Judges and clerks, Alaska, traveling expenses-__ ___ --- —- 13,42 Marshals and attorneys, offices of, Alaska, incidental expenses-__ 13,42 Prize money, Ponce, P. R____ -_ _- _-_ --- —---------- 214 Rafael Subira, refund of fine to- -_....__ --- —------— _ 214 Spanish Treaty Claims Commission __.. — ___ --- —-— _ 76, 77, 78 Defense of suits before_ _ -. ----------------- _ 76,77 Expenses of taking testimony abroad___ --- —— ___ --- 76, 78 Payment to personal representative of Gasper A. Betancourt_ 78 Traveling expenses in Alaska__ -_ _____ --- —---------- 10 'DIMQoR, W. W.: Franchise for supplying gas, etc., in Honolulu granted by Hawaiian legislature to, modified and approved__ _____-_ --- —---- - 103-106 Provisions of act-___.__. --- —----------------- 103-106 Act of legislature ratified____ --- —----— ____- --- 103 Buildings, etc-1 —0 --- _________ --- —-------- 104 Cutting off gas supply __ — --------— _____ --- -- 105 General powers -. —___ --- —------ _____ — ----- - 105,106 Grant not exclusive —. ---_ — __ --- — - - 106;Ljiitations- 106 dMeters- -------- 105 Pipes -- — _, --------- _____ ___ 104 Preamble --- —------------------------- 103 Street lamps, etc ---... ---— _ --- —.-.___- ___ --- _- 104,105 DrPLQMATlC AND CONSULAR SEBVIOE: Appropriation ifor salariesAmbsadors and-mnisters -------- ------------- - 89,92 pecretarles of embassies and legations______ --- —------ 89,92 DISCHUR, lcKMAN F.: Appropriation for- __- - ------- 84 I. INDEX. 883 DISTRICT COURTS: Page. Appropriation forAlaska ------— ________ _______ --- —---------------- 44, 228 Hawaii _ --- —_______ --- —__ ___ _ --— _- 96,108,228 Judges of __-____ __,_____ --- —--------- 96,108 DONES, FRANCISCO: Appellant v. Jose Urrutia, warden of the penitentiary of Porto Rico, appellee, decision of the Supreme Court (202 U. S., 614) 309 DOOLEY, HENRY WV. ET AL.: Engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States, decision of the Supreme Court (182 U. S., 222)_ 293 Engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Company, plaintiffs in error, v. The United States, decision of the Supreme Court (183 U. S., 151) ____ — ___- __ --- —.-.-.-.___ —_ -- - 297 DORR, FRED L.: Plaintiff in error v. The United States, decision of the Supreme Court (195 U. S., 138) --- ----- 303 DOWNES, SAMUEL B.: Doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v. George I. Bidwell, collector of the port of New York, defendant in error, decision of the Supreme Court (182 U. S., 244) - _________ --- —------------- - 293 DUTIES ON IMPORTS: Preferential rates on articles from Cuba__ ---— _ -- __ __ --- — - 87 Reduction on goods from Philippines paying export duty there —___- 202 Sugar schedule not to be reduced__-_ --- —----------------- 87 DUTIES ON IMPORTS, PHILIPPINE ISLANDS. (See Philippine tariff revision law, 1905.) DUTIES, PORTO RICAN: Time extended for bringing claims for refund of_- 85 EBELING, HENRY: Appropriation for___ __-___ --- —------------- 84 ELECTRIC FRANCHISE, HONOLULU: Grant of Hawaiian legislature for, modified and approved ____ --- —---— ___ _ ------ - 97 ENGINEER CORPS, ARMY: Appointment of Chief of Engineers —_ ___. --- —_ __- ____ 53 Number of officers increased_ -__-___-___________- - 53 rTo constitute part of line of the Army-__- ____ --- —--------- 53 Vacancies to be filled by promotions from Corps -______ --- —-- 53 In grade of second lieutenant from Military Academy cadets --- 53 ENLISTED MEN, ARMY: Appropriation forBack pay and allowances during war with Spain__ __ —___ _ 63 Back pay and allowances, service in Philippines —____-____ 63 Bringing home remains ofFrom abroad __________ --- —------ -— _-_- 63,72 Who die on transports-__ ----______ ____ --- — __ — 63, 72 Marking places where American soldiers fell in Cuba and China- 72 Twenty per cent increase on pay, service in Philippines, etc-_ — 54, 66 May be detailed as instructors to schools_____ --- —-— _____ _ 48,49 Retired, appropriation for pay of__ _ --- —----------------- 54 Double credit for service in China, Panama, etc_ — __ ---- 54 ENVOYS EXTRAORDINARY AND MINISTERS PLENIPOTENTIARY: Appropriation for salaries__ — ----— __ ---- -- ----------- 89,92 ESKIMOS, ALASKAN: Education of, appropriation for ----—...._ ----- - -_ --- — 41 Exempt from channel charges at mouth of Snake River, Alaska ---__ 36 Provision for educating children of --- --— ___ _ —_ —_ _ ___ 30 EXPORTS: Philippines, customs duties on. (See Philippine tariff revision law, 1905.) EXTRADITION: Provisions of Revised Statutes as to, extended to Philippine Islands --------------------------- 136, 137 Treaties with Cuba, April 6, 1904 (see also Treaties and conventions) 264 FILIPINOS: Appropriation for employment of, in office of Coast and Geodetic Survey in Washington-_ -______ --- —------ __ _ 227 FIRST ASSISTANT POSTMASTER-GENERAL: Office of, appropriation for postal service ----— _ __ ----— ___ 35 Alaska service_- -------------------------------- 35 334 INDEX. Page. FISHER, FRED C., and Charles C. Cohn, on behalf of Felix Barcelon, plaintiffs in error, v. Col. David J. Baker, jr., and Capt. John Doe Thompson, decision of the Supreme Court (203 U. S., 174) —. ----. --- —-—.. 310 FISHERIES BUREAU, DEPARTMENT OF COMMERCE AND LABOR: Appropriation forAgents in Alaska, salaries of-.___ _-_.........- 12,40 Establishment of fish hatcheries in Alaska --- -... — --- 39,40 Protecting salmon fisheries in Alaska --- —----------- -- 12,40 FOREST RESERVES: Administration of, transferred to Agricultural Department _ --- —--- 31 Surveying, locating, etc., excepted -— 81_ --- —--- -- 31 Alaska, district of, removal of timber from, authorized --- —------- 33,34 Fund created from sale of products, etc --- — ---------------- 32 Disposition of _________ --- —------------------ -- 32 FORT EGBERT, ALASKA: Appropriation for survey, etc., road from Valdez to 66, 73 FORTIFICATIONS: In insular possessions, appropriation forAmmunition --- ----------— 68 Estimates required —_ __ 69 Inspecting instruments, range finders, etc___- ----------- 68 Rapid-fire guns, carriages, etc-__ --- —------------— _ 50 Seacoast batteries -__-_ --- —-------- - ------ -- - 50,68 Seacoast guns, mounts, etc-_-. --- —---------------— _ 50,68 Additional mounts -------------- - 68 Seacoast mortars, mounts, etc5 _0 --- —-------------- 50 Sites in Hawaii —__-__-_ --- —-------- 50 FORT LISCUM, ALASKA: Military cable from Sitka, appropriation for_ ---- 51 FOURTEEN DIAMOND RINGS: Emil Pepke, claimant, v. The United States, decision of the Supreme Court (183 U. S., 176) ------------- 2.96 FRANCHISES: Dimond, W. W., for supplying gas, etc., in Honolulu. (See Dlmond, W. W.) Electric, Honolulu, grant of Hawaiian legislature for, modified and approved ---------------- ------------------ 97 Gas franchise, Honolulu, grant of Hawaiian legislature for, modified and approved.. --- —-------------------------- 103-106 Hawaiian Electric Company, Limited, grant by legislature to, modified and approved (see also Hawaiian Electric Company, Limited)____ 97-103 Railroads, Philippines, general corporation laws applicable to _ ---- 127 FRANKLIN SUGAR REFINING COMPANY, appellants, v. The United States, decision of the Supreme Court (202 U. S., 580) --- —------- ----- 308 FUGITIVES FROM JUSTICE: Provisions of Revised Statutes, as to, extended to Philippine Islands_ ------------------- 136, 137 FUR-SEAL FISHERIES: Alaskan, negotiations requested for revision of regulations, etc _ --- —---------------------- 23,24 GALLATLY, HANKEY & COMPANY, LONDON, ENGLAND: Appropriation for payment to, damages by reason of collision between steamship Mogul and transport Warren, Manila Bay -------------------------- 117 GANTT, M. A., & SON: Payment to_ - -— _- 84 GAS FRANCHISE, HONOLULU: Grant of Hawaiian legislature for, modified and approved --------— _ ------------------------- - 103-106 GENERAL ACCOUNT OF ADVANCES, NAVY: Deficiency appropriation for reimbursing_ — 1, --- —---- ----- 61,62 For dry dock, Habana, Cuba --- —--— _- -- --- --- 62 GENERAL STAFF CORPS, ARMY: Appropriation for contingent expenses, military information division- 51 Branch office, Manila, P. I --------------- ------------- 51 GEOLOGICAL SURVEY: Appropriation for investigating Alaska mineral resources _ --- —------------------------------ 2,41 GOETZE, JOHN H.: Doing business under the firm name of John H. Goetze & Company, appellant, v. The United States, decision of the Supreme Court (182 U. S., 221) —.________ --- —----------------- 292 GOLD: Punishment for unlawfully stamping "United States Assay," etc., on articles of -------- --------------- ---— __ ---- 223 GONZALES, ISABELLA, appellant, v. Wm. Williams, United States commissioner of immigration at the port of New York, appellee, decision of the Supreme Court (192 U. S., 1) —. -— __ —____._ _. 299 INDEX. 335 Page. GOVERNOR-GENERAL OF PHILIPPINE ISLANDS (see also Civil governor): Authorized to designate judges of courts of first instance to temporarily act as judges of supreme court_ ------ - -------- 128 Civil governor to be known as ---- -------------- 128 To sign on behalf of Government contract or guaranty with aided railroads ------ ----------------------- 125 GOVERNOR OF ALASKA: Appropriation for salary of ------ ------- ------- 3,32 To be superintendent of public instruction --------- -- 27 GOVERNOR OF HAWAII: Appropriation for salary of ----------------— _ 95, 108 GOVERNOR OF THE PHILIPPINE ISLANDS. (See Civil governor, and governorgeneral of the Philippine Islands.) GREAT BRITAIN: Negotiations with, for revising fur-seal regulations requested --- __-_________________ --- —--------------------- 23,24 GUAM: Appropriation forEnlisted men, 20 per cent increase on pay, service in ------- 54, 66 Marine Corps, repairs of barracks ------ --- - 61, 62, 71 Naval station, Bureau of Yards and Docks__ ----- -------- 58, 70 Clerk, messenger, etc- ----- ----------- 58 Public works, dredging and extension of roads_ -------- 70 Naval station, ice plant_ ------- - - — _ --- 62 Officers, Army, 10 per cent increase on pay, service in_ --- --- 54. 66 Reimbursing Army, supplies furnished Marine Corps in ------- 62 Enlisted men allowed credit for double time of service in ---------- 54 GUANTANAMO, CUBA: Appropriation forLight station ----------------------------- 93,94 Naval stationDry dock, dredging, etc ---- — _ — -------- -- 58 Expenses incident to the occupation and utilization of the — 48 GUERTIN, FRANK: Payment of Court of Claims judgment to ---------- 83 HABANA, CUBA: Appropriation forConsul-general at-_ ------- --------- --- 89, 93 Clerk hire -____ ------— _ -- ----- __ 90,93 Dry dock ---- -------------------- --- 62, 73 HARBORS: Appropriation for improvement of.- ----- ------- 37, 111, 213 Hilo, Hawaii, preliminary examination of, to be made-__ --- —-- 111 Honolulu, appropriation for improvement of -- --------- 111 HAVANA. (See Habana, Cuba.) HAWAII: Act of legislature granting electric light and power franchise In Honolulu, modified and approved___ --- —-------- --- 97 Agricultural experiment stations_ ----- -------- - 218,225 Limit of cost of maintenance -------—.__ -— _ 218,225 Live stock, purchase and introduction of-__ ------- -- 225 Sale of products_ ------------ _ -------- _ 218,225 Appeals, etc.,. from supreme court to United States Supreme Court — 110 Minimum amount involved-.... ------------- 110 Appropriation forAgricultural experiment stations__ --- —-------- 218,225 Bringing home remains of civil employees, Army, who die in — 63, 72 Chief and associate justices, salaries ----------- 95,96 District court, salaries and expenses__ ---------- 96,108, 228 Erection and maintenance of buildings, leprosy hospital, Molokali 109 Government In territory of__ ---------------- 95,96, 108 Contingent expenses ------------------ 96,108 Salaries ------------------------- 95,96,108 Governor of, salary_ ----------------— __ 95, 108 Harbor at Honolulu, improvement of ----- -1 --- __ --- —- 11 Judges of circuit courts ---------------- ---- 96,108 Marine Corps, repairs of barracks ------- __ -------- 71 Naval station, Bureau of Yards and Docks, writer and messenger_ 58,69 Procurement of sites for defenses of -----—.... 50 886 INDEX. Page. HAWAII-Continued. Appropriation for-Continued. Quarantine service ____-__ ____ —_ --- —------- 80, 220, 22(; Claims allowed by Auditor Treasury Department__ ___ -— _ 80 Maintenance of system in — ____ --- —--------- 220, 226 Relief and protection of American seamen shipwrecked in _ --- 215, 225 Secretary of, salary_ ___ --- —---------------— _ ---- - 95,108 Surveys and resurveys of coasts_ ------------------ 220, 227 Weather Bureau, salaries, maintenance of stations --- —--- 217, 218, 224 Contract surgeons, Army, pay assignments, when on duty in___ --- —- 54 Decisions of the Supreme Court of the United States relating toHawaii, Territory of, appellant, v. Osaki Mankichi, appellee (190 U. S., 197) __ --- —------------- -- -- 298 Defenses of, appropriation for procurement of land for sites_ --- —-_ 50 Gas franchise in Honolulu, modified and approved_______ --- —-- 103 Hilo, preliminary examination of harbor, to be made ----— _ --- - 111 HonoluluAppropriation for improvement of harbor-___ --- — -----— __- _ 111 Contracts may be entered into for___ --- — — __ ------- 141 Electric power, etc., franchise in, modified and approved __ —.-_ 97 Equipment of immigration station from permanent appropriation_ 112 Gas franchise in, modified and approved --- —----------------- 103 Labor statistics, reports of, to be made every five years __-__-__ 96, 97 Leprosy hospital at Molokai, to be established ------— _ ------- 109-110 Administration rules ------ ----- __ -— _ 110 Buildings, erection of __ __ ____ ---- - — ____________- 109 Appropriation for, and maintenance -__ — ______ --- —- 109 Cost of______ --- —--- — ____ --- —------ 109 Medical officers, etc., detail of -______ ____ --- —— _ -- - 109 Extra pay to ---------------------------- 110 Lewis and Clark Exposition, buildings for, authorized_ __ --- —--- 216 Allotment of space; free of charge --- —----- — _ --- —------- 217 Light-house establishment, taken control of by United States _ — — _ 285 Molokai, establishment of leprosy hospital and laboratory on leper reservation at-_ __ _ __ --- —--------— ___ —_ --------- 109 Municipal officials, appointment or election of ----.___ — __-__ 110 Tenure of office --------— __ ___ — ______ _ ---- -- - 110 Naval station, appropriation for writer and messenger, Bureau of Yards and Docks___ _ ---------- -- ----------- 58,69 Right of way through Kahauiki Military Reservation, confirmed ---- 107 Supreme court, appeals, etc., from, to United States Supreme Court__ 110 Minimum amount involved. ---. --- —----- ------ __ — - 110 Territory of, appellant, v. Osaki, Mankichi, appellee, decision of the Supreme Court (190 U. S., 197) ____ — ____ ___ —_ _ _ 298 HAWAIIAN ELECTRIC COMPANY, LIMITED: Franchise granted by legislature to, modified and approved_ --- —-- 97-103 Provisions of act _-..-. _ --------— _ ---_____ — - 98-103 Borrowing of money and issuance of bonds_ -___ --- — 101,-102 Buildings and stations_ ___ --- —--— __ -— ___ - - 99 Connections -------—._._._. --- _ ---- ----- 99, 100 Definitions __ - _ --- —---------— _ ---_ ----_ - __ 98 Grant not exclusive -_______ --- —--------- --- 102,103 Meters, rates, and charges__ __ --- —--— _ _ — -_ _ 99 Payments to government___ __ --- —------------ 101 Penalties_ _._ --- —-------- _ --- —-_ --- —-- 102 Powers granted --------— ____ __ -— ___ --- - 98, 99 Preamble____ _ _ --- —---- -— __ ---- 98 Purchase or lease --—. ---------- ----------- 101 Rules and regulations _____ --- ____ ---_ ____ --- —- 100,101 Supervision ____ --- —--- -_________ --- — 101 Supply of electricity____ _ --- —-- -— _ ----_ 100 HAYES, JOHN F.: Appropriation for _ _ _.. ---. — _ _- - _ --- —- - 10 HEAD TAX: Citizens of Newfoundland not liable for -_ --- —-----—. ---. --- 90 Citiza of.Republic of Cuba not liable for -.-. --- ------ ---- 90 INDEX. 337 Page. HENKEL, WM.: Charles F. W. Neely v. United States Marshal, etc., appelleeNo. 1, decision of the Supreme Court (180 U. S., 109) ------------ 289 No. 2 (180 U. S., 126) -------------- -- - ----------— _ 290 HENSEL, OSCAR: Appropriation for -- ------------- - 84 HILO, HAWAII: Preliminary examination of harbor, to be made -------- 111 HONOLULU, HAWAII: Appropriation for improvement of harbor__ ----- --- 111 Contracts may be entered into for --------— _ ---_ 111 Electric power, etc., franchise in, modified and approved__ ----------- 97 Equipment of immigration station from permanent appropriation --- 112 Gas franchise in, modified and approved - ----------—. --- 103 HOSPITALS: Leper. (See Leprosy.) Naval, Canacao, P. I., appropriation for completing -- -- --- 60 HOUSE OF REPRESENTATIVES: Declaration that change in customs duties must be by act of Congress, originating in.- ------ -------- _ 88 HULLS AND BOILERS, INSPECTORS OF: In the collection district of Alaska-_ — _ --------— _ 34, 35 Assistants, and clerks authorized_ -----------------— _ 34, 35 Details, etc --- —------- 35 Duties ----- --------------------------------- 35 Salaries ---------— _ ------------- 35 Salaries ------- ------- ----------------- 35 HUMACAO, P. R.: Reservation of public land for custom-house at ------ 282 IMMIGRATION: Chinese-exclusion laws reenacted without limitation, etc__ --- --- 219 Citizens of Newfoundland not liable to head tax ------------—.__ -- 90 Citizens of Republic of Cuba not liable to head tax ----- --- - 90 Philippines, laws of the United States in force in, to be administered by government thereof_ ---------------------- ---------- - _ __ 127 Use of funds ------------------------- 127 IMMIGRATION LAWS: Continued in effect in Philippines --- — -- ------ 118 To be administered by government thereof__ -- __- 127 IMMIGRATION, PHILIPPINE ISLANDS: Laws to be administered by government thereof -- __ --- —- 127 Use of head tax -- -— _ —_- ---------------- 127 IMMIGRATION STATIONS: Equipment of Honolulu, Hawaii, from permanent appropriation -- ------------------ ---------- 112 IMPORTS: From Canal Zone, subject to duty ------ ------------ - 115 From Cuba to be admitted at 20 per cent reduction of tariff duty --- 87 Duration of preferential rates-__ --- —---------- 87 No additional fees on_ --- —---------------- 88 PhilippinesConstruction, etc., material for railroads to be admitted free of duty --- —------------------------ 127 Customs duties on, of. (See Philippine tariff-revision law, 1905.) INDIANS, ALASKAN: Appropriation for transporting pupils to Carlisle, Pa., and Salem, Oreg --- —---------------------- 10 Education of, appropriation for -----— __- ----------- 41 Provisions for educating children of -—. --------------- 30 Snake River, exempt from channel charges at mouth of ---------- 36 INSANE PERSONS, ALASKA: Care and custody of, appropriation for — ------------- -_ 41 Portion of "Alaska fund" devoted to ------------ - 25 Provisions for commitment and care of -------- -------- 15,30 INSPECTORS OF HULLS AND BOILERS: In the collection district of Alaska___ -------- -------- 34,35 Assistants and clerks authorized -__.___ --- —--------- 34, 35 Details, etc ----------- ----------- 35 Duties ---------------------------- 35 Salaries ------------- ------------- 35 Salaries — 35 338 INDEX. Page. INSULAR AND TERRITORIAL AFFAIRS: Appropriation for expenses, judicial Page. affairs; estimates --- ------— _ --- —---------------- 221,228 INSULAR POSSESSIONS: Chinese exclusion, all laws enforcing, reenacted without treaty modification, etc -______ --- —------------------ 219 Applicable to, under jurisdiction of the United States ------ 219 Transit of Chinese laborers permitted in --- -------------- 219 Fortifications in, appropriation forAmmunition —_ --- —-----------— _ --- —------- 68 Estimates required hereafter — ----------------------- 69 Inspecting instruments, range finders, etc ---- -------------- 68 Rapid-fire guns, carriages, etc - --------------------- 50 Seacoast batteries --- —---------------------------------- 50,68 Seacoast guns, mounts, etc -------------------------- 50, 68 Additional mounts - -------------------------------- 68 Seacoast mortars, mounts, etc --- _______ --- —--------- 50 Sites in Hawaii_ ----------------------------- 50 INTERNAL REVENUE: Cancellation of export bonds on articles shipped to Philippines prior to November 19, 1901 --- —------------------- 123 INVOICES: Required on goods shipped to Philippines - ------------- 204 ISLE OF PINES: Title to, to be subject of treaty adjustment with Cuba — 260 ISTHMIAN CANAL (see also Canal Zone): ' Appropriation for determining route --- —------------ ------- 82 Articles and persons from Canal Zone subject to customs tariff, etc., laws ------------------------------------------- 115 Occupation of zone of land in Panama for -- ----------------- 114 Treaty with Panama for ship canal (see also Treaties and conventions) --- —------------------------------------ 244 ISTHMIAN CANAL COMMISSION: Accounts to be audited by Auditor for War Department - _ ---- 115 Deficiency appropriation for continuing --- — _ --- —--- --- -- 116 JACHINSKI, AMBROSIUS: Appropriation for -______ --- —------- 84 JAPAN: Negotiations with, requested for agreement to revise fur-seal regulations ------------------------------------------ 23,24 JOHNSON, GEORGE: Appropriation for --- — _ __ --- —------------ 84 JOHNSON, HENRY: Appropriation for --- —---- ---- ---------- 83 JUDGES: Appropriation forAlaska, and clerks, traveling expenses -— _____ --- —----- 13,42 Salaries ---— _ _ ---------------------- 3, 32 Circuit, Hawaii ------------------------------- 96,108 District, Hawaii - ___ --- —------------------- 96,108 Philippine Islands, of courts of first instance may be designated to sit and act temporarily as judges of supreme court --- —---------- 128 Traveling expenses-_ ---------- --- --------------- 128 Philippine Islands, of the supreme court of, compensation --- —- 128 JUDGMENTS: Appropriation forPaying, Court of Claims-_____ --- —------------ 79, 81, 82 Judgment in favor of Joseph Sudsburger excepted ------- 81 Settlement of awards by auditor having jurisdiction --- —- 79, 80 Settlement of bounty for destroying enemy's vessels --- —- 79 In favor of Joseph Sudsburger, Court of Claims, not to be paid --- — 81 JUNEAU, ALASKA: Made port of entry in lieu of Sitka --- - --------- 22 KAHAUIKI MILITARY RESERVATION, HAWAII: Right of way through, confirmed --- —---------------------------------------- 107 KEMPT, FRANK H.: Appropriation for --- _ ___ --- —--------- 84 KEPNER, THOMAS E.: Plaintiff in error v. the United States, decision of the Supreme Court (195 U. S., 100) ---------------------- 302 KOHL, FRED W.: Appropriation for -______ --- —---------- 83,84 KOYUKUK RIVER, ALASKA: Appropriation for locating trail from Yukon River to Coldfoot, on --- —--------------------------------- 56,73 KROEFF, FRANK A.: Appropriation for --- —--- _ --- —-------- '84 LABOR BUREAU, DEPARTMENT OF COMMERCE AND LABOR: Reports of Hawaiian labor statistics to be made every five years --- —--------- 96 LABOR, COMMISSIOINER OF: To report every five years on Hawaiian laboring classes --- —------------------------------------ 96,97 INDEX. 339 Page. LANDS, PUBLIC: AlaskaCoal land locations; notice — _.. ___ ___ _14 Actions by adverse claimants____-___ --- —-------- 14,15 Entries to shores of navigable waters not allowed-__-_____- 14 General provisions applicable ----_____ --- —------ 15 Patents to issue; price per acre____ - _ --- —----- 14 Surveys and resurveys, etc., appropriation for _-___ --- —- 12,13, 40, 41 Rates ------------------— ___ — _ 12,13,40,41 Forest reserves transferred to control of Agricultural Department. —. 31 PhilippinesCoal landsMeasurements reduced to metric system and values to pesos_ 128 Provisions for entry of, etc_ --- --------- __ -- - 134 Mineral landsMeasurements reduced to metric system and values to pesos_ 128 Provisions for locating, etc., mining claims ----— ______ 128 Saline landsMeasurements reduced to metric system and values to pesos- 128 Sale of __ --- —-----------------— _ 134,135 Porto Rico, reservation ofFor naval purposes in __-_- _ --- —— _ - -.-_ ---- -— _. __ 279 For public uses --- —_ ---_ ---------- 281 LAUNCHES, ARMY: Settlement of accounts for, transferred to Philippine government ---------- -- --- -- -----— __ --- —— __ - 57 LEPaos: Establishment of hospital and laboratory, Molokai, Hawaii___ ---_ - 109 Appropriation for buildings, equipment, and maintenance_ — _-_ 109 Extra pay, etc., to officers detailed for duty_ --- — ---— ___ 110 Regulations for administration and treatment --------- ___ - 110 Treatment under Public Health and Marine-Hospital Service____ 109 LEWIS AND CLARK CENTENNIAL EXPOSITION, PORTLAND, OREG.: Alaskan exhibit__-__ — ___ --- —------------- - 216 Appropriation for cost, etc__ --- —--------— __ _ -_____ 216 Buildings for Alaska, Hawaii, and Philippine Islands, etc., authorized --- —2__ --- —--— _ — ------- 216 Allotment of space; free of charge _._ --- —----------- 217 Imports for exhibition to be admitted free of duty____ ----____ _ 216 Sale for delivery at close of exposition-_ __ --- —----— ___ 216 Assessment and collection of duties_ _ __ ---------- 216 LIFE-SAvING SERVICE: Station established at Nome, Alaska ---------— ___-___ --- — 33 Thirteenth district extended to Alaska -___ --- —--------- _ 33 LIGHT-HOUSE BOARD: Light-house establishment, Hawaii, placed under__ __- -------- 285 To prescribe lights, etc., on bridge across Catalla Creek, Alaska ---__ 22 LIGHT-HOUSE ESTABLISHMENT: Appropriation for Porto Rico_- -- ______ --- —----------- 210,213 Hawaii, taken for uses, etc., of the United States —__ ---_ — _ 285 Placed under Department of Commerce and Labor -----— _____ 285 LIGHT-HOUSES, BEACONS, AND FOG SIGNALS: Appropriation for Guantanamo, Cuba — ___ __ --- —----- _.. _ 93, 94 Proclamation by the President reserving public lands for sites for, in Porto Rico_ ----_ --- —— _ --- —--- - 281 LINCOLN, FREDERICK W., ET AL., trading under the firm name of Henry W. Peabody & Co., plaintiffs in error, v. The United States, decision of the Supreme Court, No. 149 (197 U. S., 419; also 202 U. S., 484) - --- _ 305 LODGE, G. C.: Payment to, for translating document entitled " Compagnie Nouvelle du Canal de Panama " __ __ --- —---— 113 MANILA, P. I.: Appropriation forBranch office, military information division, Army --- —----- 51, 65 Ordnance depot, Army, completion of office building ---- -_ --- 63 MANKICHI, OSAKI: Territory of Hawaii, appellant, v.. appellee, decision of the Supreme Court of the United States (190 U. 8., 197) --- -.... 9..8. 298 340 INDEX. MARINE CORPS: Page. Appropriation forBringing home the remains of officers and men, Navy and, who die abroad-. -----— __ ___ _ __ 47 Available until used-_______ ______ --- —--------- 47, 48 Cold-storage and ice plant, Olongapo, P. I., construction and equipment of — _________ --- —---------------- 61 Military stores in Philippines -— _________________ -- 62 Pay of civil force___________ --- —----------- - 60, 71 Provisions__ __ _ _-_ _ _ --- —-------— _ __ _ -_ 61 Commutation for navy rations in island possessions authorized -—.__ --- —— _ — ________________ _ — __-__ 61 Quartermaster's office, Washington, D. C., or San Francisco, Cal., clerks __- _____________ --- —--------— __- 60, 71 Reimbursing Quartermaster's Department, Army, supplies furnished at Guam-________ --- —--------------- 62 Repairs of barracks-_______ ---- -------— _ __ 61. 62, 71 Guam ---------— __ _ __ -------- 61, 62, 71 Hawaii ---- ---------— __________________- 71 Philippines -----— ______ —___ --— _______ 61, 71 Porto Rico _ __ --- —------ __-__-___ ---- 61, 71 Sitka, Alaska __ --- —---— __ —______ --- —--- 61, 71 Commutation for navy rations allowed marines in island possessions_ 61 Credit for service in civil war to officers on retirement-__ --- —--- - 61 Credit for service in, to second lieutenants appointed to artillery —__- 65 MARKWORTH, ADOLPH G: Appropriation for________ --- —-------- 84 MARSHALS: Alaska, district of, appropriation for incidental expenses, offices of___ 13, 42 Salaries -— ______________ — _______________- 3, 32 MAYAGUEZ, P. R.: Preliminary examination of harbor, to be made — _ __ _ --- —-- 213 Reservation of public land for custom-house at__ __- --— ___ — _ 282 MENDEZONA Y MENDEZONA, SECUNDINO, plaintiff in error, v. The United States, decision of the Supreme Court (195 U. S., 158)____ — -___ _ 304 MERCHANDISE: Imported from Canal Zone, subject to tariff, etc___ —_ _ 115 MIDSHIPMEN, NAVY: Allowed commuted rations _ -------— ______ 64 MIDWAY ISLANDS: Appropriation for survey of channel, Welles Harbor___ —. —_. —_ 69 Preliminary examination to be made of Welles Harbor_-____ ---- _ 71 MILITARY ACADEMY: Cadets to be promoted to vacancies in grade of second lieutenant in Engineer Corps -- _______ — ___ ----_ 53 MILITARY CABLE, ALASKA: Appropriations for_____ --- —__ -— _ 51, 66 MILITARY INFORMATION DIVISION, ARMY: Appropriation for contingent expenses____ --- —-- — _ ---_____ _ 51, 65 Branch office, Manila, P. I ----- ________ —_-_____- 51, 65 MILITARY INSTRUCTION: Detail of retired officers and enlisted men to schools for___________ --- —--------------------- __ 48, 49 MILITARY SECRETARY, ARMY: Subsequent appointee to rank as brigadier-general — _ ___ __ --- — 52 To have rank as major-general _ _ ------------------------— _ 52 To serve on Board of Soldiers' Home __ _ -___ --- —------ 5__ 53 MILITARY SECRETARY'S DEPARTMENT, ARMY: Appropriation forPay of officers — _____ --- —-----— _ 66 Office of assistant chief Record and Pension Office to terminate_ -------------------------------- ------ 66 Title of assistant chief Record and Pension Office to be Military Secretary_________ ________ --- —__ _ 66 Bureau in War Department constituted ------— _ 52 Created from Adjutant-General's department and Record and Pension Office__ --- —-______, --- —----------- 52 Number of majors limited —_ _ --------------------- 52 Office of assistant chief Record and Pension Office to terminate -. --- 66 Officers subject to Chief of Staff -_______ _ ------------ 52 Rank and promotion of officers__ ---------------------- -__ 52 Rank of subsequent appointments-_ _______ --- —---- -_ 52 Retention of present titles_ ----., —. --- —- -- — _ ---... ---___ 52 INDEX. 341 MILITARY SECRETARY'S DEPARTMENT, ARMY-Continued. Page. Second officeer to have rank of brigadier-general --------- 52 Senior officer to be Military Secretary, with rank of major-general__ 52 Service on Soldiers' Home Board ----------------------- 53 Title of assistant chief, Record and Pension Office, to be Military Secretary ___-_______ --- —-- __ --- __ --- 66 Title of officers hereafter__ ---- ---------------------- 53, 66 MILITARY SECRETARY'S OFFICE: Adjutant-General's Office merged in ------------------- 52 Record and Pension Office merged in — _-.. --------- ---- 52 MILITARY STORES: Appropriation for Marine Corps in Philippines ------------------- 62 Funds from, transferred to Philippines, disposition of ------- _ 57 MILITARY TELEGRAPH LINES, ALASKA: Appropriation for purchase of supplies, etc__ ---------- ----------------- ----------- --- 47 MILITIA: Restriction on payments to -------------------------- 56 MINERAL LANDS, PHILIPPINE ISLANDS: / Measurements reduced to metric system,. and values to pesos ----— _ 128 Provisions for locating, etc., mining claims ------------------- -__ 128 MINING CLAIMS, PHILIPPINE ISLANDS: Adverse claimants ------- ------------— _ --- —----------------- 133 Proceedings to determine title --------- -------— __ 133 Demarcation of ---------- ---------------— _-_ --- —----------- 129 Fiactional ------------ _ --- —-------- ------ 130 Declaration -------— _-__ --- —-------------- 130 Description -.. --- —_ --- ——. —_ ___.._..__-___ — - 130 Innocent noncompliance with regulations --------— ____- 130 Sketch plan -----— _ --- —------ ------- 130 Issue of patents, etc-___ --- --------------— __ 131-133 Laying out of --------— __ --- —-__ — -— _ _ --- —--- 129 Removal of posts unlawful --- —------ ------— __ 130 Provisions for locating --------- -— __ -----— _ 128 Recording of ----------------------— __ — 130 Surveys of -- ---------------— _ --- —--- ------ 129 MINISTERS: Appropriation for salaries_ --- —- _-_ --- —_ —_ --— _-_- 89, 92 MIRAFLORES ISLAND, SAN JUAN HARBOR, PORTO RICO: Appropriation for quarantine station on, buildings__ - ------------------ 210 "MOGUL," BRITISH STEAMSHIP: Appropriation for owners --- ----- - 117 MOLOXAI, HAWAII: Establishment of leprosy hospital and laboratory on leper reservation at ------- -----------------— _ 109 MOSES, FRANKLIN: Appropriation for salary_ --- —--— _-__ __- - 2 MUNICIPAL CORPORATIONS, ALASKA: Provisions for incorporating towns (see also Alaska) --------------- -_____..__ — 15-21 MUNICIPAL OFFICERS, HAWAII: Legislature to determine appointment or election of ---— _ --- — 110 Tenure of office -- ------------------- - ------ I 110 MUNICIPALITIES, PHILIPPINE ISLANDS: Bond issue authorized --- --------------------- -- 125 Limit ----- ------------------------- 125 May borrow money for schools, etc., if taxation inadequate -------- 125 MURAKAMI, T.: Appropriation for refunding duties to ----— _ -- 112 NAGEL, HERMAN: Appropriation for -------- -_ --- —-_ --- — 84 NATIONAL CEMETERIES: Appropriation forBringing home the remains of civil employees of the Army who die abroad and soldiers who die on transports_ — ------- 63 Bringing home remains of officers and soldiers who die abroad__ 63 Marking places where American soldiers fell in Cuba and China- 72 NAVAL ESTABLISHMENT: Appropriation forBringing home remains of officers and men, Navy and Marine Corps, who die abroad - ---------—. —.-.. --- — 47 Available until used ---- ---------------- --- 47,48 Dry dock, Habana, Cuba -... --- —----------—. --- 62,73 General account of advances, Navy, for reimbursing- -- -— __ 61,62 NAVAL MAGAZINE, PHILIPPINE ISLANDS: Appropriation for -. --- —-. ---.. 60 NAVAL STATIONS. (See Navy-yards and stations.) 3449-07 — 24 342 INDEX. NAVY: Page. Appropriation forBureau of Construction and Repair-___ --- —--— _ - 0 71 Cavite, P. I., naval station, clerks —__ --- —--— ___ — ___ 60,71 Bureau of Equipment _-___________________________ 57. 58, 69 Naval statioii, Cavite, P. I., per diem and salary of electrician and clerk --- —-________________ ___ 57, 58, 69 Ocean and lake surveys__ --- —— ___ _ __ --- — 69 Channel into Welles Harbor, Midway Islands --- —- 619 Bureau of Medicine and Surgery __ _ _- - ----------------- _ (60 Naval hospital, Canacao, P. I ------— _ ---__-__-_-__ 60 Bureau of Ordnance —__- _ ____ --- —--------------- 60 Naval magazine, Philippines __ --- —--- — __ _ --- —_ ___ Bureau of Supplies and Accounts _ - _ ----—. 60, 70 Cavite, P. I., in general storehouses, clerks, storekeepers, etc ------— _________ _________________ 60,70 Bureau of Yards and Docks _ _ _ -------------- 58, 59, 69, 70 Cavite, I'. I., naval station, clerks, messengers, etc ___ --- —- 58, 70 Consolidating power plants at navy-yards and stations —__- 59 Guam, naval station, clerk, messenger, etc ________ --- — - 58, 70 Hawaii, naval station, writer and messenger, etc —___-_ 58, 69 Public works -_._ _ __ _ ----------— __ --— _ S, 59, 70 Cavite, P. I., naval station, floating steel dry dock, etc__ 58, 59 Guam, naval station, dredging, extension of roads -__- 70 Guantanamo, Cuba, naval station, dry dock, dredging, etc-_____ --- —----------------- 58 Olongapo, P. I., naval station, repairs to buildings, etc-__ 70 Tutuila, Samoan Islands, naval station, wharf _ --- —-- 58 Lumber shed and boathouse _ __ __ — _ _ --- — 70 San Juan, Porto Rico, naval station, clerk, foreman, etc -__ 58, 69 Dry dock, Habana, Cuba__ ___-__ --- —----- _ _ _ _ __ 62 Naval hospital, Canacao, P. I., for completing______ ----__-_ 60 Naval magazine, Philippine Islands- _______ — ____-______ 60 Naval station, Olongapo, P. I., establishing_ --- —- --— _ ___ 59 Provisions ------- _ —_ --- — ---- ---- _ _ _ 60,Tutuila naval station, for wharf_ __ -______ —_____- ____ 58 Commuted rations allowed to midshipmen __ — __ _-_____ _-__ 64 Lands in Porto Rico reserved for uses of — __-__ __ — _ —_____ ---- - 279 Marine Corps. (See Marine Corps.) Midshipmen allowed commuted rations —___-__- _ __ --- ____ 4 OfficersAppropriation for bringing home remains of, from abroad_ -— _ 47 Midshipmen allowed commuted rations__ ----- ------ 64 Retired, may be detailed as instructors to schools___ __ —_ __ 48 Compensation --- — ______ _ ________ --- —— ____ 49 Detail not compulsory______ —_____ —__ __ --- — __ 49 Schools to pay extra cost__ __ -----— __ ____ ------ 48,49 Ordnance, etc., issue of, for instruction and practice by schools, authorized__ -- _ __ __ --- —---- _ _ _ _ __ 49 Bond required ____-___ --- ___ ________ —4 49 Retired officers and enlisted men may be detailed to schools --— _ __ 48 Conditions (see also Officers, Navy) ----- -------------- 48, 49 Supplies to be carried in American vessels-__ _ --- _____-___- 64 Charges __ --- —— _ ___ --- —---- _______ ___ 64 Exceptions --— ( — _______ --- —---------------- 64 NAVY-YARD AND STATIONS: Alaska, sale of provisions to civil employees authorized_ -- __ — _ 0 Appropriation forCanacao, P. I., naval hospital, completion of___ --- — -— ___-_ 60 Cavite, P. I., clerks, etc --- ---— _ __ _____ ---- - 57,60,69 Floating steel dry dock ----— __ ----_- __- _____ 60 Joiner shop_ -- __- __ --- —--— ____ _ --- —-____ 48 Consolidating power plants at_ ---_______ — _ ---____- __ 59 CubaGuantanamo, expenditures incident to occupation and utilization of_ —_ —________ --- —-------— ____ — _ 48 Dry dock, dredging, etc_ -----------— ___ _ __ 58 Habana, dry dock — --- -- ___ --- —---— _-___-__ 62 INDEX. 343 NAVY-YARD AND STATIONS-Continued. Page. Appropriation for-Continued. GuamClerks, etc-_ -—. —. ----- 58,70 Dredging, extension of roads__ ____-__ --- —----- - 70 Ice plant, labor for building --- —_________________ 62 Repairs and preservation —______ --- —-— __ -____- 62 Hawaii, writer and messenger_ — --------------------- 58, 69 Olongapo, P. I.Establishment of_ --- —---------------- 59 Repairs to buildings, etc ______ --- —--------— _ --- - 70 Porto Rico, San Juan, clerks, etc__ - __-___ --- —-------- 58, 69 Philippines, naval magazine ------------------------------ 60 Samoan Islands, Tutuila, lumber shed and boathouse ------- 70 Wharf _ _ _-__ --- —------------------— _ 58 Power plantsConsolidation of, authorized --- —--— _ 59 Transfer of, to Bureau of Yards and Docks_- --------------- 59 Appropriation for -------------- — ___ _____ ____._ __ _- _ 59 Treaty provisions with Cuba for_______ __ --- —----- -______- 260 NEELY, CHARLES F. W., appellant, v. Wil. Henkel, United States marshal, etc., appelle: No. 1, decision of the Supreme Court (180 U. S., 109) __ — _____ 289 No. 2, (180 U. S., 126) ___ --- —-— __ — ___,___ --- —- 290 NEUMAN, CHARLES: Appropriation for-__ ___ --- — — ____ --- —-_ 84 NEWFOUNDLAND: Citizens not liable to head tax__ __ _ ____- - 90 NOME, ALASKA: Life-saving station established at -----— __ — ____ _ - _ 33 NOME IMPROVEMENT COMPANY: Granted right to dredge, etc., Snake River, Alaska __ —_ ---_ _ _ 36 Channel charges, schedule of -- _ __ ------------- - _ _ 36 Indians and Eskimos exempt from --— ______ --- —-- - 36 Revision of, by Secretary of War ---------— __.________ _ 36 Harbor and channel improvements, etc.Commencement of-___ ____ --- —---------------------- 37 Failure to maintain channel depth_ --- —------------------ 37 Right of possession, etc., by United States___ ---__ _____ 37 Vessels in stress of weather to have free use of --------— _ 37 Prior rights not affected__ ---— _ __ — __ _ ----------- 37 Reclaimed lands, occupation and use of, by_ --— __ — __ — __37 Restriction -- ___ --- —---------------- 37 Tide lands, title to -_____________ — --------— _ 37 NORTH AMERICAN TRANSPORTATION AND TRADING COMPANY: Appropriation for -__ ---__ - ----------------------- 1, 2 NOVOTNY, FRANK: Appropriation for-___ _____ --- —------------- 83 NUSSBAUMER, JOSEPH J.: Appropriation for ---__ -------------— _- 84 OAHU RAILWAY AND LAND COMPANY: Right of way to, through Kahauiki Reservation, confirmed-__ ----_ --- —------- 107 OBSCENE LITERATURE, ETC.: Prohibition against sending or receiving, by express extended to importing and exporting __ ________ -- ___ - 222 OCEAN AND LAKE SURVEYS: Appropriation for ---------------------------- 69 Channel into Welles Harbor, Midway Islands ______- - __ _ 69 ODo, K.: Appropriation for refunding duties to_._ _ — __ --- — --- - 112 OFFICERS, ARMY: Adjutant-General's Department, appropriation for pay of____ ---__ - 52 Appropriation forBack pay and allowances, during war with Spain__ - -— _ 63 Service in the Philippines __ --- —----- -------- --- - 63 Bringing home the remains of, from abroad ----— _- ------ - 63, 73 Marking places where American soldiers fell in Cuba and China ------ __ --- ----------- 72 Pay of retired -, ----_ ------------- ----- - 53 Ten per cent increase on pay, service in Philippines, etc_ — ___ — 54,66 Artillery second lieutenants credited for prior service in Marine Corps ---- ------------------- 65 Detail of, to Porto Rico Provisional Regiment —___ --- —-- -.. ---. — 55 344 INDEX. OFricEzs, ARMY-Continued. Page. RetiredAppropriation for pay of __-__-__-__-_-_ —_-__-__-_____-____- 53 Advance in rank and pay for civil war service ____ --- __- 53 Exceptions ----------------------------------- 54 Assignments to duty- -__ —_ —_ —_ —_ —___ —_-__-__-__-__-_ 54 Pay, etc., when assigned -------------------- - - - 54 May be detailed as instructors to schools ___-__-__ --- —-------- 48 Compensation --- —-------------------------------------- 49 Detail not compulsory __-__-__-__- __ ---__-_-__-__-__-__- 49 Schools to pay extra cost- -______-__-_____________-______48,49 Ordnance, etc., issue of, for instruction and practice by schools, authorized- - __ —_ —_____ --- —__-__-____-__ 49 Bond required- -__ —_ — _ — __ — _______________ 49 Pay of, assigned to active duty __-__-__-__-__-__-__-__-_ — 66} Colonels and lieutenant-colonels- -__-_-__-________-___ 66 OFFICERS, MARINE CORPS: Appropriation for bringing home the remains of, from abroad ------ 47 Credit for civil-war service on retirement -------------- - - 61 OFFICERS, NAVY: Appropriation for bringing home remains of, from abroad - -_- ___ 47 Midshipmen allowed commuted rations- -____-__-__-__-__-__-__-__ 64 Retired, may be detailed as instructors to schools- -__-__-__-__-____ 48 Compensation- - ____ — _ —_ —_ —_ —____ -- ____________ 49 Detail not compulsory - __ — _ — _____ --- —-_-__- __-______ 49 Schools to pay extra cost ________-__-_-__-__-__-__-__-__ ---- 48, 49 Ordnance, etc., issue of, for instruction and practice by schools, authorized __ — _ —_ —_ —_ —_ — _ ---- __ — _ — _____ --- — 49 Bond required ----------------------- 49 OLONGAPO, P. I.: Appropriation forMarine Corps, public works, construction and equipment of coldstorage and ice plant __-__-__-__-__ --- —---------------— _ 61 Naval station, Bureau of Yards and Docks ------------------- 59 Public works, establishing of- - __-__-__-____-__-__-___ 59 Repairs to buildings, etc __-__-__-__ ---__-__-__-__-__ 70 OMNIBUS CLAIMS ACT: Payment of claims under, reported by Court of Claims, etc _ —___ 83 Damages by vokunfeers in Virginia, war with Spain __ — ------- 84 Miscellaneous cases, direct appropriations __-__ ---__-__-____-84, 85 Miscellaneous claims and Court of Claims findings __ — -------— 83, 84 ORDNANCE DEPARTMENT, ARMY: Appropriation for reimbursing, stores furnished Marine Corps in Philippines -__ —_ —_ —_ —_ —_ —_ —______ —_ —_ —_ —___-_-__ 62 Funds received from stores transferred to Philippines to be used for replacing same- -__ —_ —_ —_ —_ —_ —_ —_ —_ —_ —_ —___-____-_ 57,68 PACIFIC OCEAN: Appropriation for surveys of coasts- -__-__-__-__-__-__-__-__-__220,227 Treaty with Panama for canal from Atlantic to (see also Treaties and conventions) -__ —_ —_ —_ —_ — _ —_ — _ —_ — _-__-__-_ - 244 PANAMA: Appropriation forCession of Canal Zone__ _ _ _ _ __ 114 Determining route, Isthmian Canal ____ I --- —----- 82 Enlisted men, Army, 20 per cent Increase on pay, service In —__ 54, 66 Officers, Army, 10 per cent increase on pay, service in --------- 54, 66 Enlisted men, Army, credited with double time for service In-54 Treaty with, for ship canal (see also Treaties and conventions) - __ 244 PANAMA CANAL: Appropriation for determining route- -__-__-__-__-__-__-__-__-___ 82 Articles and persons from Canal Zone subject to customs tariff, etc., laws__ _ --- —------------------------------------------------- 115 Occupation of zone of land In Panama for - __-__-______-__-_ 114 Treaty with Panama for ship canal (see also Treaties and conventions) -------------------------------------------------------— _ 244 PANAMA CANAL COMMISSION. (See Isthmian Canal Commission.) INDEX. 345 Page. PANAMA, ISTHMUS OF: Goods, etc., from Canal Zone subject to laws affecting imports, etc., from foreign countries_ --- —---------— _ ---__ 115 PATENTS: Mining claims, Philippines, issuance of, etc., for__ ----- 131-133 PAYMASTER-GENERAL'S OFFICE, WAR DEPARTMENT: Analyses of paymasters' accounts before forwarding for settlement ___ --- —--- ---- 56 PHILIPPINE COINAGE: Silver certificatesMaximum denominations extended to 500 pesos -— ___ --- —_- 135 Maximum of gold reserve --- —-------- ------------- ------ 136 Redeemable in gold coin of equivalent value -- --------- -- 136 United States gold may be substituted for silver in reserve —___ 136 Silver coinsChange in weight and fineness of, authorized —__ — --------- 136 Recoinage; standard for pesos ----------------------------- 136 Subsidary coins of less weight and fineness — __ __ ---- _ ---- 136 PHILIPPINE COMMISSION: Regulation of harbor business by --- —------— __ __ --- —- ----- 120 To make regulations governing location, etc., of mining claims --- —- 131 PHILIPPINE ISLANDS (see also, Philippine tariff revision law, 1905): Appropriation forAmerican seamen, shipwrecked in, for relief and protection of_ 215, 226 Back pay and allowances, officers and men, Army, service in -___ 63, 72 Barracks and quarters, Army — __ — ___ — ____ --- —---- 56,67 Bringing home remains of civil employees, Army, who die in-___ 63, 72 Butt, Archibald W., payment to, money stolen' from, in ---_______ 84 Canacao naval hospital, completion of --- —-------- ------- 60 Cavite naval stationBureau of contruction and repair, clerks --— ____ —_ _ 60, 71 Bureau of equipment, electrician and clerk --- —-------- 57, 58, 69 Bureau of supplies and accounts, clerks, storekeepers, etc-___ 60, 70 Bureau of yards and docks, clerks, messengers, etc ---____ 58, 70 Floating steel dry dock, etc --- —------- --------------- 58, 5 Joiner shop -— ___ __ —__ --- -----------------— __ 48 Census of — ___ — ______________ --- —------ 122, 123 Civil government in, for reimbursement, maintenance of prisoners 117 Corwine, John, payment of Court of Claims judgment to __-_ ---- 83 Enlisted men, 20 per cent increase on pay, service in__ -— _ --- _ 54, 66 Manila ordnance depot, completion of office building_ --- —----- 63 Marine CorpsCold-storage and ice plant at Olongapo, construction and equipment --—..____ --- —------------------ 61 Repairs of barracks_ ---— _____ --------------- - 61, 71 Military information division, branch office, Manila, contingent expenses ------ -- _ --- —--------------------------- 51,65 Mogul, British steamer, payment to owners for damages, collision with transport Warren, Manila Bay --- —-----------------— _ 117 Naval magazine, Bureau of Ordnance ------------------------- 60 Officers, Army, 10 per cent increase on pay, service in________ 54, 55, 66 Olongapo Naval Station, Bureau of Yards and Docks_ --- —--- 59 Public works, establishing of -----— _____ --- —------ 59 Repairs to buildings, etc_ ------— __ __ --------- 70 Philippine Scouts, pay of officers and enlisted men _ —__ --- — 55, 56, 67 Shelter, etc., of the army in__- -----------— __ ---------- 56, 67 Canacao naval hospital, appropriation for completion of____ ----__. 60 Cancellation of bonds for articles subject to internal-revenue tax shipped to, prior to November 20, 1901_ --- —----- -------- - 123 Time for presenting claims — __ _ ____ --- —----------- - 123 Cavite. (See Cavite, P. I.) Civil governorExplosives and firearms, importation of, prohibited except by special permit of_ —__ —_ — __ ---- _ -------------- 145 To be known as governor-general of the Philippine Islands. --- 128 To issue order for delivery of fugitives from justice__-__ ---___ — 137 Coal landsMeasurements reduced to metric system, and values to pesos —.- 128 Provisions for entry of, etc --- --— _ --- —_ - __-_____ 134 346 INDEX. PHILIPPINE ISLANDS-Continued. Page. Coasting trade restrictions of United States not applicable to foreign vessels from, until July 1, 1906__ ---------------- 119, 120 Time extended to April 11, 1909 -------------------- 120 CoinageSilver certificatesMaximum denominations extended to 500 pesos --- —--- 135 Maximum of gold reserve___ --- 136 Redeemable in gold coin of equivalent value --- —----------- 136 United States gold may be substituted for silver in reserve — 136 Silver coinsChange in weight and fineness of, authorized-__ --- —----- 136 Recoinage; standard for pesos___ --- —------------------- 136 Subsidiary coins of less weight and fineness --- —-_ ----- 136 Contract surgeons, Army, pay assignments, When on duty in --- —--- 54 Customs duties. (See Philippine tariff revision law, 1905.) Decisions of the Supreme Court of the United States relating toDorr, Fred L., plaintiff in error, v. The United States (195 U. S., 138)- 303.Fisher, Fred C., and Charles C. Cohn, on behalf of Felix Barcelon, plaintiffs in error, v. Col. David J. Baker, jr., and Capt. John Doe Thompson (203 U. S., 174) -------------- 310 Fourteen diamond rings, Emil Pepke, claimant, v. The United States (183 U. S., 176) ------------------ 296 Kepner, Thomas E., plaintiff in error, v. The United States (195 U. S., 100) ----------------------- 302 Lincoln, Frederick W., et al., trading under the firm name of Henry W. Peabody & Co., plaintiffs in error, v. The United States, No. 149 (197 U. S., 419; also 202 U. S., 484) ----- - 305 Mendezona y Mendezona, Secundino, plaintiff in error, v. The United States (195 U. S., 158) ------------ --- 304 Trono, Valentin, et al., plaintiffs in error, v. The United States (199 U. S., 521) ----------------------- 307 Warner, Barnes & Co. (Ltd.), appellant, v. The United States, No. 466 (197 U. S., 419; also 202 U. S., 484) -__-_ --- —---- 305 Warner, Barnes & Company (Limited), plaintiffs in error, v. Nevada N. Stranahan, collector of customs of the port of New York, defendant in error (191 U. S., 560) -------- 299 Enlisted men allowed credit for double time of service in --- —---- 54 Extradition laws extended to ----------------- 136 Issue of warrant of arrest ------------ _ -------- 137 Order of delivery to be issued by governor-__- - -------- 137 Punishment for allowing escape of prisoners ---------- 137 Foreign vessels may sail between United States and ---- ----- 119 Merchandise permitted ---------- ------— _ -------- 119 Passenger traffic, penalty for violations ----------- 119 Funds from military stores transferred to, disposition of ------ 57, 68 Government of. (See Philippine Islands, government of.) Governor-generalAuthorized to designate judges of courts of first instance to temporarily act as judges of supreme court ----- -------- 128 Civil governor to be known as__ ------- ------— __ 128 To sign on behalf of Government contract or guaranty with aided railroads__ ---------------- 125 Immigration laws continued in effect in ----- ----------— _._ 118 Interisland trade allowed__ ----------- - ---------- 119 Regulated by Philippine government --- —-— __ -------- 119 Launches, transfer of, to Philippine government by Quartermaster's Department, Army _- --------. — ----------— _ 57 Lewis and Clark Exposition, buildings for, authorized ------------ 216 Allotment of space; free of charge -. ---- - -- ------- 217 Manila, appropriation forBranch office, military information division, Army ---------- 51, 65 Ordnance depot, Army, completion of office building ---— _ 63 Mineral landsMeasurements reduced to metric system and values to pesos. — 128 Provisions for locating, etc., mining claims- ------------- 128 INDEX. 347 PHILIPPINE ISLANDS-Continued. Page. Mining claimsAdverse claimants ----— _____-____ — _-__-__ __-______ 133 Proceedings to determine title______ --- —- -- ---- 133 Demarcation of — _ _ _______________ —________ — __- 129 Fractional ---------— ____ — 1__ _____ -__ __- 130 Declaration — ___- __ __ _ _ _ _-_________ --- _- 130 Description ____ --- —__-____-__- __-__-__-__ - 130 Innocent noncompliance with regulations______________ _ 130 Sketch plan ----------— __________-__ ___- - 130 Issue of patents, etc____-____ __ ____ ___- __ ___. 131-133 Laying out of ---------— ____ — __ — ____________ 129 Removal of posts unlawful ___ --- —-— ___ —_-_________- 130 Provisions for locating-____.__-__- __.__________ --- 128 Recording of _______ --- — __-_____ —__________-__ ___ 130 Surveys of - ____ --- —---— ___ __-_ ________ --- - 129 MunicipalitiesBond issue authorized__ __ ------------ 125 Limit --— _ ____ --- —--— ___ ----— _ 125 May borrow money for schools, etc., if taxation inadequate _ — - 125 Olongapo, appropriation forMarine Corps, public works, construction and equipment of coldstorage and ice plant ------------— _ -------------- 61 Naval station, Bureau of Yards and Docks-__ _ _ --- —-- 59 Public works, establishment of ___- ___ __ --- —------ 59 Repairs to buildings, etc ---- -------------- 70 Regulation of harbor business by Philippine Commission ---______ 120 Saline landsMeasurements reduced to metric system and values to pesos-__- 128 Sale of _____________ --- —------------— __ _ __ 134,135 Silver certificates and coins. (See Philippine coinage.) Supreme courtJustices of, compensation__ ________- - -____ ------ - 128 Powers of, over railroads aided by Government__ -- _-_ - _ __ 127 Vacancies, temporary, how filled ------------— ___________ 128 Tonnage duesAuthority of Philippine government over _ ----__ — ___ — __.135 Not imposed if only taking or discharging passengers ---------- 203 On entry from foreign port_ _____ --- —---— ________ --- 203 Optional on cargo__ _ ___ --- ---- ----------- 203 Vessels exempt — ___ ___ --- — — __________ -- 203 Tonnage taxes on foreign vessels entering United States fromn_ —___ _ 119 Trade between United States and, restricted to American vessels after July 1, 1906- _ __ __ __ ___ __ ____ _ 119 Penalty for violations ---— _________________-____- 119 Time extended to April 11, 1909____- ___ --- —-------- 120 Treaty rights under Spanish treaty not impaired --- —---------- 120 Rules to be issued by Secretary of Commerce and Labor -— _____ 120 Continuance of navigation laws in force___ _ —_ __ _- - 120 Ships owned by the United States___ ____ --- —------- 119 Voyages begun before July 1, 1906, not affected______ --- - 119 Time extended to April 11, 1909______ --- —------- 120 Treasurer of, to indorse and sign contract of guaranty on railroad bonds _ --- —- _ --- —------------— _ 126 Wharf charges levied on goods exported-_ ___ _______ --- —--- 203 Exemptions _ —___ --- —---— _______ --- - 203 PHILIPPINE ISLANDS, GOVERNMENT OF: Bonds issued by, exempt from taxation___ -— __ --- —------- 124 Coal-land entries --------— ____ __ —_ --- —-- --------- 134 Customs duties. (See Philippine tariff revision law, 1905.) Governor-general to be title of civil governor-__ __ _ —______- 128 Immigration laws to be administered by officers of___ ----___ --- 127 Use of funds -__ ______ --- —--------------- 127 May authorize municipalities to borrow money, for sewers, water supply, schools, etc-_ ___ --- —---— _ --- _ __ 125 Approval by President required --- —-------------- - 125 348 INDEX. Page. PHILIPPINE ISLANDS, GOVERNMENT OF-Continued. May authorize municipalities to borrow money, etc.-Continued. Issue of bonds --- —---------------------------------------- 125 Interest- - __ — _ — _ — __ —_ —_ ---- ___ — __________ 125 Limit of indebtedness -___________________ — _ - __-________ 125 Mineral lands, measurements of, reduced to metric system and values to pesos __ —_ —_ —_ —_ —____ —_ —_ —_ —_ —_ ---- ___________ — 128 Mining claimsAdverse claimants- -__ —_ —_ —_ —_ —_ —_ —_ —_-__-__-__-____ 133 Proceedings to determine title ----------------------------- 133 Demarcation of- -______________________________ —_-_______- 129 Fractional- -__ —_ ----_ —___ —_130 Declaration- -___ 130 Description -_________________________ 130 Innocent noncompliance with regulations- -__-__-__-____ — 130 Sketch plan --- —--------------------------------------— _ 130 Issue of patents, etc~ ___________-____-________-131-133 Laying out of- -______________________________ 129 Removal of posts unlawful- - _ _ 130 Provisions for locating- -_ 128 Recording of ----------------------------------------------- 130 Surveys of ------------------------------------------------— _ 129 Public improvements, authorized to borrowv money for_ --- —-------- 124 Bonds, issue of --- —----------------------------------------- 124 Approval of President required -_______-__________________ 124 Interest ____________________ —___ ----_ --— _ —_ —_ —_ 124 Limit of indebtedness- -_____ ----___ —_- ___________-___ 124 Railroads, may guarantee interest on bonds issued for construction of 125 Conditions of guaranty- - ___________-____- ___________125ro Application of gross earnings- -- _____________________ 126 Issue limited to cash invested for construction, etc ~~ --- —---- 125 Priority of government lien- - ____-_-____-__-________125,120 Time of construction --- —--------------------- 126 General corporation provisions made applicable __-_ —___-__-_- 127 Issue of guaranty as work progresses ------------------- 126 Lien for interest paid --- —------------------------------------ 126 Limit on amount of guaranty __-_-__-__-_ ----__-__-________ 126 Powers of supreme court over aided roads_ --- —----------------- 127 Railroad material may be imported free of duty_______ --- —--- 127 Reports of receipts and expenditures to be made ____ ---______- 127 Representative directors -------------------- -- --- 127 Supervision over roads, etc --- —------------------------------- 126 Saline lands- -________ --- —------------------------------------- 134 Auction sales --- —------------------------------- - 134 Private sale --- —----------------------------------- - 135 Proclamation of sales --- —----------------------------------- 135 Silver certificatesMaximum denomination extended to 500 pesos --- —------------ 135 Maximum of gold reserve --- —-------— __ --- —--------------— _ 136 Redeemable in gold coin of equivalent value ___ ------------- 136 United States gold may be substituted for silver in reserve ---- 136 Silver coinsChange in weight and fineness of, authorized ----------------- 136 Recoinage, standard for pesos --- —--------------------------- 136 Subsidiary coins of less weight and fineness __-__-_ --- —------- 136 Supreme court justices, compensation --- —--------— _-__-____-____ 128 Temporary service of first instance judges; expenses __ ---____- 128 Tonnage provisions, may be modified, etc., by __-__-_ —_-__-__-__ 135 PHILIPPINES, CIVIL GOVERNMENT IN: Appropriation for reimbursement, maintenance of prisoners _ --- —-- 117 Settlement of accounts for launches, etc., transferred from Army to- 57 To administer immigration laws of United States, in force - -__-__ 118 PHILIPPINE SCOUTS: Appropriation for pay of officers and enlisted men - -_______-____55,56, 67 Above to be accounted as pay of Army- - __-__-____-__-_____ 67 Assignment of paymasters' clerks to Paymaster-General's Office_- 67 INDEX. 349 PHILIPPINE TARIFF BEVISION LAW, 1905: Page. Abbreviations employed ---------- -- -------------- 146 Additional articles admitted free of duty -------------- 04 Amendments, cotton textiles; surtax on false selvage added -------- 206 Boots and shoes not specified, classified ----------------— 208 Copra ------------ -- -------------- 208 Cotton textiles, plain ------------------------------- 206 Lighter weight --------- --- -------- 207 Cotton textiles, twilled, etc --- —------------ 207 Lighter weight --- --------------------------- 207 Cotton blankets, etc., dyed yarns added --- —-----— _ ------- 207 Shoes and gaiters, kid and similar leather added__ ------------- 208 Articles free of duty -— ___ _ -- - ----------------------- 197 Additional articles admitted free of duty_ ----------- 204 Subject to conditions__ -------- ------------ 199 Subject to formalities in each case ---------------------- 200 Articles from the United States dutiable_ ------- ------- 146 Transported only from Philippine places not dutiable_ ----------- 146 Drawbacks --------------- ------------- 205 Duties to be collected on imported articles --- —---------------- 138 Goods in transit ___ ------------- -------------- 138 Entries for sixty days under old rate ------- -------- 208 Export duties -------------------------— 202 Provisions for articles on importation into United States ------- 202 General rules for enforcing —_- __- __ --- —__ --- —-_- 138 Articles of two or more materials -------- -------- 144 Nonenumerated articles ----— _ ---— _ - -- ------ 143 Packing, packages, and receptacles --------------- ---- 144 Similar articles_ -------— _ ---------------- 144 Textiles, number of threads --------------- ------ 138 Knitted and netted --....._. --- —----- — _ ---- - - 142 Mixed --------------- ------------ 139 Ribbons ------------------ ------— 142 Silk ----------------------------— 141 Surtaxes --- -------------------- 142 Trimmings ---------— _ ----142 Inconsistent decrees, etc., repealed _ ----- __ —204 Invoices required-_ ---— _-_ --— __ --- —-- 204 Metric system continued; equivalents --- —----- ______ — 146 Payment of duties, currency __ --- —— _ -___ --- __ ---__- 146 Prohibited importations __ ---------------— _ ---__- 145 Explosives and firearms without special permit ----------------- 145 Gambling devices, etc _ __ ----------- ___-145 Obscene books, etc —. --- —------------------- _.-___ ---___ 145,146 RatesClass I.-Stones, earths, ores, glass, and ceramic products --- —- 146 Class II.-Metals and all manufactures in which a metal enters as a principal element --—. ------------------ 152 Class III.-Substances employed in pharmacy and chemical industries, and products composed of these substances ----- 159 Class IV.-Cotton and its manufactures - ---------- 164 Class V.-Hemp, flax, aloe, jute, and other vegetable fibers and their manufactures__ -------------- ------- 170 Class VI.-Wools, bristles, hair, horsehair, and their manufactures --— _ --- —- - -—._ __ __ 176 Class VII.-Silk and its manufactures__ ------------- 177 Class VIII.-Paper and its application-_ - __ ---— _- 177 Class IX.-Wood and other vegetable materials employed in industry, and articles manufactured therefrom --- —_ -— _- 180 Class X.-Animals and animal wastes employed in industry — 182 Class XI.-Instruments, machinery, and apparatus employed in music, agriculture, industry, and locomotion__ --------- 185 Class XII.-Alimentary 'substances__ --------------- 188 Class XIII.-Miscellaneous -- ----........ --- —----------- 194 Reimportations of insular products _ -------------------- 204 Tonnage dues_ ----- ----------------------- 203 Exemptions ----------------------------- 203 350 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Wharf charges -----— __ _________-__-____ ---- 203 Exemptions __-__- _ ______ --- —-------- 203 Articles free of duty (figures in black type indicate number of paragraph)Advertising lithographs, etc __ --- —---— _ —_ --- —------- - 381.199 Altar articles, etc., returned ______ --- —-- — ______ --- —---. 393, 201 Archaeological objects for museums, etc _____ —__ —__- _ 388,200 Articles for exhibitions _____ ____- ___ _____-_ ---_ 394,202 Articles returned -— ____-__- ___ —____.... 371, 198 From foreign exhibition__ _ --- —— ____ __ —_ 204 Not admitted abroad ------— ______-____ __ ___ — 204 Bibles — _____ — ____ --- —- - ---.____ — _______ --- — 382, 199 Blind, books and music for —____-__ ___-__ ________.._ —_ 390,200 Books, not exceeding two copies____________ --- — - ___ _ 390,200 In Spanish ____ --- —--— __-___-__ _ ______ 382, 199 Cables, submarine telegraph ------— ____ —___-__-____- _ 395, 202 Calendars, advertising__ _ --- —-. — __-__-_________ 381,199 Casks, containing dutiable goods to be reexported_ __ —__ --- — 391,200 Church vestments, jewels, etc., returned__-_ ___ --- —___ 393,201 Circus equipments temporarily imported__ ____ —_ --- —-_ 392, 200 Collections, scientific, etc., for museums, etc-__ --- —--------- 389,200 Communion vessels, etc., returned __-___-____________ 393, 201 Copper ore — _____ _____ --- —---------— _ -__ 369, 197 Diamonds, unmounted__ - __________ —_________- 379, 198 Drawings, pen and ink, art __-_______ —__ --- —____ 380, 198 Economic books, etc _ ----_________- - ---— __________ 390, 200 Eggs, fresh ____________ --- _ — ___ ___________ 377, 198 Entertainment, articles for public, temporarily imported — __-_ 392, 200 Exhibitions, articles destined to _-__-__-__ --- —___-__ _ 394,202 Family paintings, etc ----- ____________ ___ ---- -_ ___ 380, 198 Fertilizers, natural__________ __ — ___________ __ 383, 199 Fine-art works for museums, etc — _- ____ --- —__-__ __ 387, 199 Folders, advertising -— _________ ----__-__ _______ 381, 199 Fruits, fresh -— ____________-__-______ ________ --- 374, 198 Garden produce, fresh ____ --- —- - ____ ___- - ___ 375, 198 Gold ore___- ___________ --- —----------- 369, 197 Broken-up, etc ------------------— ________- 372, 198 Articles of Philippine make___ - _______-__-_____ 373,198 Historical books, etc _______ --- —--------------- 390,200 Household goods, etc., used -________-__ — ___._______- - 393,200 Ice ______-_____ --- —------------------ - 376,198 Lithographs, advertising_ ----— __ --— ____ -__ -- - 381, 199 Luggage, etc., of travelers __-___ ____ ---- ______ 386, 199 Brought by returned citizens, etc ____ ___ ---- -___- 386, 199 Magazines, etc ____- _ _ --- —---— ______________- 382, 199 Manures, natural —_ --- —------— __________ 383, 199 Meats, fresh ___ --- — ______ --- —------------ 376, 198 Milk, fresh ------- ______ --- —--------------- 378,198 Moss _-_________________ --- —----------- 368, 197 Museums, etc., works of fine arts for-____-_______ --- ___ 387, 199 Archaeological and numismatical objects for_____ ---- - 388, 200 Scientific, etc., specimens and collections____ __-__ --- —- 389, 200 Newspapers ____ _______ --- —-- ------------ - 382, 199 Numismatical objects for museums, etc --- —---------------- 388,200 Objects for public entertainments, temporarily imported_ --- —- 392, 200 Ores, copper, gold, and silver__ ----------------------- 369, 197 Paintings, oil, etc-______ --- —---------------- - 380, 198 Panoramas, temporarily imported -_____ ------------ 392,200 Periodicals -______ ___ --- —------------------- 382,199 Philosophical books, apparatus, etc- ____-________ --- - 390,200 Photographs, family -________ --- —------------- 380, 198 Plants ---------- _ — ------ -- 367, 197 Platinum, broken-up, etc_ --- —---------------- ---- 372,198 Articles of Philippine make-__ ______ --- —------- - 373,198 Posters, advertising _- ---— ________________- 381, 199 Precious stones in the rough --- —- ------------------ 379,198 INDEX. 351 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Articles free of duty-Continued. Products of the Philippines reimported; certificates required__ 204 Abaca exempt from certificate__ __ --- —---------- 204 Pumps, for salvage of vessels —_____ --- —-— _ —__ — 396, 202 Quinine, etc ---— _________________________- 384, 199 Receptacles of metal, containing dutiable goods, to be reexported ---__ --- —----------------- ---- 391,200 Religious objects, etc., returned_ --- —--------------- -------- 393,201 Reviews _________ --- —-------— ____ ----.._ 382, 199 Sacks, containing dutiable goods, to be reexported__ -------- 391,200 Samples, commercial______ -------- -— __ --- —--- 370,198 Schoolbooks ____________ --- —----- -— _______- 382,199 Scientific books, apparatus, etc --- —-------— _ --- —------- 390,200 Scientific, etc., specimens for museuns, etc-___ --- —--------- 389, 200 Shoots ___________________ --- —--- -— ___________ -- - 367, 197 Silver ore _____ --- —-------------— __ --- —- 369, 197 Articles of Philippine make__ __ --- —----— __ ---- 373,198 Broken-up, etc-__ ____ --- —----— _ —___ ---- 372,198 Specimens, scientific, etc., for mnuseums, etc_ -----— __ — 389, 200 Submarine telegraph cables________ _ --- —----- -— _ --- —--- 395,202 Supplies, insular government ---_____ --- —--— __ --- —- 385, 199 Supplies, United States Government ---------— ______ 385, 199 Travelers' luggage, wearing apparel, etc_ --- —-------------- 386,199 Trees _..________ --- —__ —___ -— ___ --- —-- 367, 197 Vessels, articles to repair foreign, entered through stress of weather ___-__ ______ _________ --- —------ 397, 202 Works of fine art for museums, etc ____ --- —-— ___ ---- 387,199 Dutiable articles (figures in black type indicate number of plragraph)Acetic acid ------— _ _____- — _______________ 92,162 Acetates _______________ —___-________ — - 95,162 Acids, inorganic ----— _ ___-__-_-_ —_________ 91,161 Organic -__-______ _________ ------ 92,162 Adding machines__ --- —------— ___ _ _________ --- 255,187 Agricultural machinery___________-____ ----_____ 245, 186 Alabaster __- — _________ _________________ --- 1,146 Albumen paper — ______________ — — ____ __ ____ --- —---- 187,179 Albumens ______ --- —------------- ---— ___ - 109, 164 Alcohol ______ --- —-----------— ____ --- —- 306,191 Methyl ________________- — _______ — 307,191 Alkalies, caustic ___________ --- —------------— _ 93,162 Alkaloids and their salts __ __ --- —-------- _ ---- 96,163 Allspice ----— _________ --- —-- -— ________ 297, 191 Aloe, raw__-__ ---________ _ _ --- — ---------- 138,171 Yarn up to No. 12 --------— _____ -— __ ----__ 142,171 From No. 13 upward______ --- —---------- 143,171 Aloes _____ --- —------------------------- 78, 159 Alpargatas _ — __________________ -— ________- 227,184 Alum __ _____ --- —----------- — __ --- —- 94, 162 Aluminum and alloys__ _ ------------------ -— __ --- — _ 71, 158 Amber ------— _ __ _ — -------- - 341, 195 Ammonia, aqua ___ -_ _______ --- —------------- 93,162 Ammonium, carbonate __ _ --- ------ --------— 94, 94,162 Chloride -----------------— ____ ___ ---- 94, 162 Sulphate of ---__.________ —_______ --- —___ ___ 94,162 Angora goat hair -__-__ ________ ____ —__ --- —----- 161,176 Animal products, medical-__ --- —____________ --- —-- 82, 160 Wastes — __ --- ---------— _ ---- 234,185 Animals, not specified___ --- —— _ 211,182 Stuffed, etc ---------------------------------------- 232,185 Anvils __ -— _______ --- —--------— ___ 43, 155 Aqua ammonia__- ______ --- —-------------- 93, 162 Regia -------------------------- '91,161 Arms, small, and parts --- —------------------------ 55,156 Articles not enumerated ---------------------------- 365,197 Artificial flowers, etc - ------------------- -- - 350,196 352 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Asphalt ----------— ______ —_ --- —---- __ 7,148 Asses ____-____,_ --- —-------- - ___207, 182 Automobiles -------— ______ — ____ --- —_____ 261,187 Axle grease __ _ _ __ --- —-- -- ------— ______ 8,149 Axles, wrought-iron and steel_______ _ --- —--------- 38, 154 Baby carriages_ _______ --- —— __-____ --- - 261, 187 Bacon ------— __ _____ ___ ---_ _________ 270, 188 Bar fixtures, wood_ _ --- —----— ___ —____________ 199,181 Barbed-wire fencing_ _ _ ___ --- — ___________- 45,155 Barbers' chairs —____ _ ---------------------- 199,181 Barilla ___________ — _____ --- —--— ______ 93, 162 Barks, for dyeing ___ --- —___ -_ — ____ --- —--- __86,161 Not edible -----------— _ --- —_ ------- 81, 160 Barley ------ _ --- —__ — ___ -----— ___________- _ 277,189 Bars, copper ___________ --- —-______ --- —--- - 62,157 Iron, cast ------- ----------— _ ___ _ _____ 31,153 Wrought, and steel ----— ____ — ___________ - 35,154 Nickel and aluminum _________ --- —___ —_______ --- — 71,158 Bath robes and towels, cotton ----— _.-___ —.______- - 124,169 Beans, dried ______ --- —- — ___. --- —-— _ 287,190 Not edible ------— _ __ — _ _ --- —--------- 81,160 Beef, jerked ____ --- —--— _ —____ -------— __ 269,188 Belting, leather -------— ____ — ___ --- —-— ___- 229,184 Benzine ________ _____ --- —--------------- 10,149 Berlins ____________ --- —- -------— ______ 258,187 Berries, not edible ------— ____ —_____ ---- 81,160 Beverages, nonalcoholic_- _ ____- --------— ______ _ 312,192 Bicycles, etc ___________ --- —- -- --------- __252,187 Billiard tables, etc _ —____ __ --- —------- 200, 181 Biographs, etc __ --- —--— __ — ______ --- —----- 254,187 Birds, live_ __ --- —--— _ —_____ --- —— _ 212,182 Stuffed -- ____ _____ --- —---— _____ 232,185 Biscuit ---- ____ --- —- — ________ --- —- - 283, 190 Bisque statuettes, etc ---------------— ______ ____ — - 23,152 Bitumens ____________ --- —-__________ ---- 7,148 Black, bone and lamp__ ---- -------- --------- 89,161 Blackberry brandy ---------------— ________ --- 308,192 Blacking, all kinds______ --- ____ --- —-— ______ 89,161 Blank books ------ — ____-__ —______ -------- - 181,178 Blankets, cotton_ —_ ____ --- —------- 123,169 Bleaching powder__ --- —--------- ---------- ---------- - 94,162 Blondes, cotton __ --- —_ —___ --- —----- 127, 170 Linen, etc_ — _ ---- -— ___ ---__ --- _ — - ------ 154,175 Blotting paper_ ---- -— _ --- —---- -------------- 186, 179 Boats, small_ ___-__________ —_____ ----__ --- — 267,188 Boilers, steam__ ---- _ ------------------------ 244, 186 Bolts, copper ---------------- ------------ - 68, 158 Iron and steel ----------------------------------- - 47,155 Bone ------------------- -------------- 342,195 Black -------- ---------------------- 89,161 Bonnets, straw --- —----------------- ------------ 355,196 Other _. --- —-----------------— 36 - 356,196 Books, and music --- —--------------------- 180,178 Blank _ --- —----------------------------- 181,178 Boots, fancy ---------------------------- 225,184 Other _.... --- —-----— _ ---_ --- —---- --— _ 225,184 Riding ---------------------------- ------- 226,184 Borax __ ---- ---------------------- 94,162 Boric acid__.______ --- —--------------—. - 91,161 Boron --------------------------------- 90,161 Brads, iron --------------— ___ --- — - 48,155 Bran — __-__ --- —------------------ -- 303, 191 Brandied peaches - _ ---- -------- ---- - 323,193 Brandy ____ --- —— __ __ --- —--------- 308, 192 ~Bread -------------- 283, 190 Bricks and tiles_ _ _ --- —----— _ ----------- -- 17, 150 INDEX. 353 rHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Bristles --- —---------------------— 161, 176 Manufactured --- —----------------— 164, 176 Bromine --------------------------— 90,161 Buckles, iron --- —------------------— 50, 156 Buds, drugs ------------------------— 81, 160 Bulbs, drugs --- —------------------— 81, 160 Bulls ---------------------------- 208, 182 Burgundy pitch ----------------------— 77, 159 Butter --- —----------------------— 335, 194 Imitations ---------------------- -- 336, 194 Butterine --- —---------------------— 336, 194 Buttons --- —---------------------— 345, 195 Cabinet organs ------------------------ 236, 185 Cables, iron --- —-------------------— 45, 155 Calcium carbide ------------------------ 94, 162 Calves --- —----------------------— 208, 182 Camel hair --- —--------------------- 161, 176 Cameras --- —------------------— 358-60, 197 Camphor --- —---------------------- 78, 159 Candies --------------------------- 332, 194 Canned, breads --- —------------------- 324, 193 Cakes, puddings, etc ------------------- 325, 193 Fish --------------------------— 317, 193 Finer --- —----------------— I- 318, 193 Fruits -------------------------- 322, 193 Meats -------------------------- 315, 192 Finer ------------------------ 316, 193 Sea food -----------------------— 317, 193 Finer --- —------------------— 318, 193 Soups ------------------------— 319, 193 Vegetables ------------------------ 320, 193 Caoutchouc -------------------------- 77,159 Manufactured --- —----------------— 352, 196 Caps, all kinds --- —------------------- 357, 196 Capsules, drugs --- —------------------- 98, 163 Tin, for bottles --- —---------- -------— 72, 158 Carbolic acid --- —-------------------— 92,162 Carbon paper --- —------------------— 187, 179 Carbonic acid, liquid.. --- —---------------— 91,162 Carbons. electric-lighting --- —-------------— 110, 164 Cardboard -------------------------— 189, 180 Carob beans --- —-------------------— 302, 191 Carpets, cottonr --- —------------------— 128, 170 Jute, hemp, etc --- —----------------— 155, 175 Carriages, four-wheeled, common --- —- --------— 260, 187 Other, not specified --- —--------------— 261, 187 Railway ------------------------— 262, 187 Tramway -----------------------— 263, 188 Cars, railway --- —------------------— 262, 187 Carton pierre --- —------------------— 191, 180 Cartridges --- —--------------------— 346, 195 Carts --------------------------— 265, 188 Hand -----------------------------------— 266, 188 Cash registers --- —------------------— 255, 187 Cashmere goat hair --- —----------------— 161, 176 Casks --- —----------— I --- —-----— 363, 197 Cast iron. (See Iron, cast.) Catsup, tomato ---.: --- —--------------— 328, 194 Celluloid --- —--------------------— 342, 195 Cement ---------------------------— 3,147 Cereals ----- ---------------------- 278, 190 Prepared for table use --- —--- ---------— 282, 190 Chains, Iron or steel --- —---------------— 42, 155 Chalk --- —----------------------- 3,147 Manufactured ---------------------- 5, 147 Chamolp lete-219, 183 354 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Charcoal -------------------------- 201,182 Pencils ----------------------- 85,161 Charts ----------------------- 182, 178 Cheese ----------------------- 334,194 Chemical products. --- —- ------------------ 161 Not specified___ ------------------ 97, 163 Cherries, maraschino, etc --- —--------- 323,193 Chicory -_ --- —-------------------- 292,191 Chocolate ----------------------- 330,194 Chronometers, etc-__ --- —------------- 241, 186 Cider -__ --- —----------------------- 312,192 Cinches, cotton -------------------- 134,170 Linen ------------------------- 159,175 Cinematographs ------------------------ 254,187 Cinnamon, first grade__ ------------------ 293,191 Second grade ----------------------------------- 294,191 Citrates ---------------------- 95, 163 Citric acid ---------------------------- 92, 162 Citron in bulk ----__ --- —-------------- 286,190 In packages ----------------------- 285,190 Clam broth, canned ------------------------------ 319,193 Clams -_ --- —------------------ 275,189 Canned -__ --------------------- 317,193 Clay, bricks, etc --- —------------ 17,150 Statuettes, vases, etc ------------------------------ 23, 151 Tubes or pipes-_ ----------------- 17,150 Clocks, etc --- —--------------- 239,185 Tower -------------------- 240,186 Cloisonne vases_ --- —---------------- 23,152 Cloves, etc --------------------- -296, 191 Coaches ------------------------- 258, 187 Concord and similar --- ------------ --- 259,187 Coal ----------------------------- 6, 147 Cochineal -.. --- —----------------------- ------------------ 86, 161 Cocktails -_ --- —----------------- 308,192 Cocoa ----------------------- 290,190 Cocoanuts ------------------------ 76, 159 Cocoons, silk --------------------------------- 168,177 Codfish, canned, etc ---------------------------- 317,193 Salted --- —---------------- 273, 189 Cod liver oil --- —--------------- 101,163 Coffee --------------- ----------- 291,191 Coke --------------------------- 6, 147 Colophony pitch --- —------------------ 77, 159 Colors, etc., artificial, metallic -— __ --- —---------------- 84,160 Artificial, other --------------------- 85,161 Derived from coal, for dyeing --- —-------------------- 87, 161 Natural ---------------------------------------------- 83, 160 Combs ----------------------- 339,194 Condensed milk.-.. __.._.._.._. --- —----------------- 320,193 Confectionery - -------------------- 332, 194 Coopers' wares ----- ------------------------ 194,181 Copper articles, not specified — ------------- 69,158 Bars --- —--------- --------- 62, 157 Ingots _-. --- —-------------------- ------- 61, 157 Nails, screws, bolts, etc ------------------- 68, 158 Nitrate, sulphate, oxide ------------------ 94,162 Pins, pens, etc ------------------ 68,158 Pipes, bearings, and plates _ --------------- 67,157 Plumbing articles ------------------ 69, 158 Scales, first fusion, etc__ -------------- 60, 157 Sheets -------------------- 63, 157 Wire --- —------------ 64,157 Covered -___ —_ —_ —_-__-_ --- —------------------ 65, 157 Gauze —... ----------------------- 66, 157 9 INDEX. 355 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Copra --------— _ —________ --- —- 76, 159 Copying paper ------------------— ______ --- —-- 187, 179 Coral __ ---__ __________ --- —---- 341,195 Cordage, cotton ______________________ ---- 133,170 Hemp, etc_________ _ ---------------- -- 146, 171 Cordials ___ —__ --- —-----------------— _ — 308, 192 Cords, cotton___ —__-__ --- —----- 116,165 Hemp, etc____-__ —__ --- —--— _ --- —--- 144,171 Cork_______________ --- —-------------- 202,182 Corn --— _ ---- -- --- -- - -- ---- 278, 190 Cotton, absorbent ____ --- —------------------ - 99,163 Raw. and waste____ _ --- —------------------- 112,164 Textiles, plain__ __________ ____ - - 117, 118,167 Blankets, etc-___ — _ ______ —___ --- —---- 123, 169 Carpets ----------------- 128, 170 Cinches and saddle girths__ -------— _ --- —------- 134,170 Counterpanes ------— ____ — __ --- —---------- 121,169 Figured, etc_ __-__________ --- —----- 119,120,168 Knitted goods __-_ --- —_ -------- _ __ --- — 125, 169 Laces and blondes___ — ____ --- —-------- 127, 170 Laces, shoe and corset ----- - ------------------ 132, 170 Lampwicks ___ --- —---------------— ___ ---- 130,170 Pile fabrics _____ --- —-------— ___ --- — 124,169 Piques ________________________ --- —----- 122, 169 Rope and cordage____ --- ________ ----__-__- 133, 170 Tapestry, etc__ _____ --- —------------ 129,170 Trimmings, ribbons, etc ____________ --- —- 131,170 Tulles _-__ --- —-— __ —____ --- —------ 126, 169 Waterproof_ ___________ --- —-----— ___- 135, 170 Yarn in cops, etc., unbleached --- —---------— ___ --- — -_ 114,165 Bleached or dyed-__ ___ --- —---------------- 115,165 In hanks__ __ — _______ —_______ --- - 113,165 Threads for sewing, etc_______ ------— ____ --- 116,165 Counterpanes, cotton____________________ — ______ __ 129,170 Linen, jute, etc ____________ --- — -- __ --- —----- 156, 175 Cows _-________________ —_______ --- —- 208, 182 Crackers -------— ______ — ____________ --- 283,190 Cranes, power and hand --- —--— ______ —___________ - 247,186 Cream, evaporated_ _ --- —------— ___ --- —----- - 320,193 Creosote, unrefined ------------------------------------- - 7,148 Crochet hooks, copper _ __ --- —---— _ __ ___ -_ _ _. 53,156 Iron__ _ __ -------— _ —_ __ _ --- —- - 68, 158 Crucible steel bars, etc_ __-_____________________ --- —----- 35,154 Crude materials not specified ____ ___ --- —-- ---—._______-. 366,197 Crystal (see Glass)_ ___ --- —---------— _______ - 149 Cutlery, knives, scissors, etc- _ ___ __ _ _ ___ __. --- —---- _. 54,156 Dates, in bulk____ _ --- —---— ________ ---- 286,190 In packages _______ --- —------------------ 285, 190 Dental instruments ______ --- —--— ___ --- —-- 54,156 Dentists' chairs_ __ --- —-------— ______ ---- - 199, 181 Desiccated vegetables_ ____ --- —-- _ -— _____ ___ -- 288,190 Dextrin -________________ ---_______ ----- - 108, 164 Diligences —_____ —____________ ----____ _ __ _ _ --- —---—. 259, 187 Drawers, cotton -— _,____ --- —-------------- 125,169 Linen, etc__ —_________ — _ ---- ---------- 152, 174 Silk —___ --- — __ ---------- ------- -— ____ 173, 177 Woolen, etc —___ --- —---- ----— ________ --- —- 165, 176 Drawings, etc ----____________- — _______ ---- _ 182,178 Drdzha'z, medicinal ______-_____ --- —------- 98,163 Dredging machinery ___ ---- __________ —____ --- —- _ 245,186 Drugs, barks, berries, fruits, etc —_ --------------— ___ _ 81,160 Oleaginous seed, etc_ ------------------------— _. 76,159 Resins and gums _- ---------- ----------------- 77,159 Dusters, feather __ ---- ------ 231, 185 Dye colors, chemical __ _ --- —-_. ---- ----- ----------- 87,161 356 INDEX. PHILIPPINE TARIFF REVISION LAW, 190.5-Continued. Page. Dutiable articles-Continued. Dyeing extracts ------------------ 87,161 Dyes, artificial___ --- —— _ — ___ ----— _____ 87,161 Natural, barks, roots, wood, etc_ --- —-------— _ --- — --- 86,161 Earthenware____ ______ --- — — _ ___ ______ — 19,151 Earths____ _________ --- — -___ ------ - 3, 147 Effects not specified______ ---- — _________ --- — 365, 197 Eggs, silkworm__ _ __ _ --- —--------— _ _ _ --- 167,177 Salted, etc-__ _______ --- —--------------- _ 333,194 Electrical apparatus, etc _-_ --- —___ _______ — 186 Machinery -------— _______ — ---- -- 250, 187 Storage batteries — __ ______ --- —— _______ --- —-- 249, 187 Emery paper __ —___-______ --- —-__ --- —-------- 185,179 Wheels and cloth --— _____ --- —-— ______- - 46,155 Engines, marine, stationary, etc_ -------— __ ___ __- 243,186 Portable__ __- --— __________ -— _____ - - 246, 186 Engravings __-__-__- ___-___ --- —------— _____ --- _ 182, 178 Envelopes, paper -___-______ -______ --- —-____ 179,178 Etchings _________________ --- —-----— _______- 182,178 Explosive compounds __ --- —-----— _ --- ----- 111, 164 Extracts, dyeing___ _ --- —----— _ _ -----— __ 87, 161 Faience articles -__ __ --- —-------— ____ — - 20,151 Statuettes, etc ___ --- —----— _ --- —— _ __ 23,151 Fans _ _____________ __ __ ___ --- —-- - _ __ 338, 194 Fats, animal — _____-__-_______ --- —--- ----—. 101, 163 Feathers____ ____________ __ --- —--------- 230, 185 Manufactures______ --- —--- ----— ____ 231,185 Fecule, industrial__ -__-__ — _ ---- -— __- 107, 164 Felt, roofing _____ ---- ---------— _ ---____ --- — 348,195 Fencing, barbed wire__ ____ --- —---- ---— _____- 45,155 Wood _____ --- —-------------— ____ --- — 194,181 Fertilizers, artificial and chemical__ ______ --- —---- 106, 164 Fibers, dried, drugs -___ ---___________________ 81,160 Fibers, vegetable, raw _ ___ --- —--— _ ________ --- —---- 138,171 Textiles ---— ___ --- —-— __ -— ____ --- —-- 147-150, 173 Yarn, up to No. 12 _______ --- —----------- 142,171 From No. 13 upward __-__ ----___-_ --- —----- 143, 171 Figs, in bulk ___ ---_ --- —------------------------- 286,190 * In packages___ --- —--------- ------------- 285,190 Firewood ____________ --- —------------- 201,182 Fireworks ___________ --- —------------ ---- ----- - 111, 164 Fish, canned or potted ___ ---_ --- —- -------------- 317,193 Not specified __-_____ --- —— _____ --- —----- 274,189 Fishhooks______ ---- ------------------ 54,156 Fishing nets_ --- ------------- 144,171 Flavoring extracts___ --- —---------—.. --- —-----— __ 327, 194 Flax, raw or hackled_______________- ------- 137,170 Threads, twines, etc_ --- —-------------- -- 144,171 8 lea and finer___ ___ --- —— 1 ---- -. ---- 139,171 Yarn, not finer than 8 lea ___ --- —------ 141,171 Flour, corn____ _ --- —--------------------- 278,190 Millet _ --- —--------------------------- 279,190 Rice- -- -- ---- - -- --- ----- ---------- 276, 189 Wheat, rye, and barley___________ --- —-------- - -- 277,189 Flower pots, common__ ------------------------- 19,151 Flower stands, clay, faience, etc _____ --- —----------------- 23,151 Flowers, artificial _____ --- —--------------- 350,196 Drugs -------------— _-__ ---- - ------ 81, 160 Forage _ --- —--------------------- --------- 303, 191 Fruit juice, etc__ __ —_ --- —- -------------- 313,192 Fruits, conserved --------- -------------------- 331,194 Dried, in bulk______ --- —-------— _-. -—. 286,190 Not edible _ _ ---- ----- ------ ------- 81,160 Pickled __-____ — _ --- — --- ---- ------- 321,193 Preserved and canned ____ --- —------- - -----—. 322,193 In spirits_ --- —------------ ---- 323,193 INDEX.5 Y PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Fuel, charcoal, etc - ------------------------------- 201, 182 Fuels, vegetable_ _ --- —----------- ----- 201, 182 Furniture, common wood__ -------------------- 195, 181 Bent wood ------------- ------ 198, 181 Cane, rushes, etc _ --- —----- ----------- 204, 182 Fine wood -- -------------- --------- 196, 181 Gilt, carved, etc ----------------- ----- 197, 181 Gaiters, calfskin -— __ ---------------- 223, 184 Patent leather, etc ----------- ---------- 224, 184 Galloons, cotton_ --------------------- 131,170 Linen, etc ------------------------- 157, 175 Game --— __ ------------- ------------ 268, 188 Games -----------— _ --- —- --------- 353, 196 Gelatin ---------- ------------------ 109, 164 Gin --- —------------------------ 308, 192 Ginger ale -------— ' __ --- -------- 312, 192 Brandy -------------------------- 308, 192 Ginseng root -— _ ------------— _- ___ 81, 160 Glass, common hollow ware. --- —---------------- 12, 149 Crystal, and imitation, articles --- —--------------------- 13, 149 Mirrors --— _ --- —_ --- —----— _ ------ 15, 150 Other articles__ ---------------- _-__ 16, 150 Paper ----------- ---- ----— __- 185, 179 Plate or plate crystal_ ---------------— __ 14, 149 Spectacles, etc. — _ --- —----------— __ 16, 150 Table, toilet, and house ware ----------- - - -------— ____ 13, 149 Gloves, cotton --- —----- - -------------- 125, 169 Leather -------------- --------—. --- —- __ --- —— __ 220, 183 Silk -— __ _____ --- —--------------------- - _. 173, 177 Woolen, etc - ----------------- __ 165,176 Glucose --------------------------------------- 289, 190 Glues ----------------------- 109, 164 Glycerin -------------------------- 101,163 Goat hair --------- --------- -— _ --- — 161, 176 Goats ---------- ----------------— _ 211,182 Gold and platinum ~~ --- —------------------------ 27, 152 Chloride of ------- ----------------------- -------- 96, 163 Jewelry, plate, etc ----------— __ ----- 27, 152 Plated ware ------- ------------------— _ 29, 153 Goods, not specified -------— _ --- — ____ 365, 197 Grains, not edible ------------- ---------- ______ 81, 160 Graphite and manufactures___ ---------— _-________ 89, 161 Grindstones --------- ------------------------- __ _-_ -_ 2, 147 Gums ------------------------ _ 77, 159 Gunny bags — _ --- —-— _ --- —---- __145, 171 Gunpowder ------------ --- --------- 111, 164 'Guns. (See Arms.) Gutta-percha --------------— __ ----._ 77,159 Manufactures ------------------- __ ----________ 352, 196 Gypsum - ------------------------------ 3, 147 Manufactured ~~~ --- —---— _ ----— ____ 4, 147 Hair, camel, vicuna, etc ------— ____ --- —-— __ 161, 176 Human ---------- _ --- —--— _______ 344, 195 Manufactures ------------ --- ------ 164, 176 Not specified ---- ---------— _- -------- ---------— __ 161, 176 Hairpins, copper --------- ------— ________ 68, 158 Iron ---------------- -.... --- —__ 53, 156 Hammocks, netted ---_ -------— _ _ _-__ 144, 171 Hams --------------------------------- ------------------- 270, 188 Handles for tools, wood. ----------------- -- ---- 194,181 Harmoniums -------------------— ________ 236, 185 Harness --------------- ---— ________ 228,184 Hats, straw ----------------- -------- 355, 196 Other -------------- ----------- 356, 196 Hay --------.-. --- —---—.-. —.. 303, 191 3449-07 25 358 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Hemp, machinery ----------------— ______ __ — 245,186 Raw or hackled ___ --- —--------------- 136,170 Textiles, plain, etc _____________ --- —---- 147-150, 171 Carpets _ --- —------— _ --- —---------- 155, 175 Pile fabrics _______ —_ — -— _ ---------- -- 151,174 Threads, twines. —___ ---— ______________ ____- 144, 171 Yarn, 8 lea and finer______________________ ___ 139,171 Not finer than 8 lea_ __ ___ _ --- —-------- - 141,171 Herbs — _ -------------------------- 81,160 Herring, canned, etc_ ____-__ --- —--------------- 317, 193 Hides, curried___________ _ ----__ ____ --- —- 217, 183 Gilt or bronzed_________ --- —------------ 219, 183 Grained, varnished, etc___ _ ___ --- —----------- 218, 183 Green ----------------------------- 214, 182 Tanned, with hair__________ --- —---------- - 215,183 Without hair —__ _ -— __ ____ --- —---— ___ 216,183 Hoisting machinery-______ _____ --- —--------- 245, 186 Honey --------------------------------- 337,194 Hooks and eyes__ --- —--------------------- 52, 156 Hoop iron__ ________ --- —-------------- 36,154 Hops -------------------------- ----- 281,190 Horn ______ --- —---------------------- 342, 195 Horsehair ____ --- —----------------------- 161,176 Horses -_ ---_ --- —------------------------------- 205, 182 Hydrochloric acid.-_ _-. ----_ -- ----- --------- - 91, 161 Incandescent lamps --------— ________________________- 250, 187 India rubber -------------------------------- 77, 159 Manufactures --------------------— _______ _ 352, 196 Indigo ---_____ _ _ --- —----- 86, 161 Ingots, copper ---------------------------------— _ 61, 157 Ink, printing and lithographic ---___- --— _____ -___ __ 85, 161 Writing and drawing --- -— ______________ _ --- - 85,161 Intestines, dried_ --- —------------------— __ 233, 185 Iodine ------------ --- --- --- ----- _ ----- 90,161 Iron, cast (articles of malleable, dutiable as wrought iron)Coated, ornamented, etc_ --- —------------------------- - 33, 153 Not polished, coated, etc ----— _________ ---— ____ 31,153 Pigs — _ --- —--- ------- 30, 153 Polished or turned --- —------------ -------- 32, 153 Iron, sulphate of —_______ __ __ ----__ _ __________ 94,162 Iron, wrought, and steel, ingots_______ --- —-_ ---- ____ --- —- 34, 153 Anchors, chains, etc- _______ ---------— _ --— _ 42, 155 Anvils_______ --- —----- -— _____- - 43, 155 Articles, common____ — ___-___- — ______ _ ---- 58,156 Fine__ --- —---------------------- 59, 157 Breech and muzzle loading arms, etc _ _ ___ —_-__- _ -_ 56, 156 Buckles-______ _ ---- _ --- — _ --- — _ ----_. 50, 156 Cables, fencing wire, etc ----— ____ ____-_ ----_________ 45, 155 Cast in pieces, rough _____ --- —-— __ ---___ ---- 37, 154 Finished _-__ _ _ _ --------------------- 38, 154 Crochet hooks, hairpins ------------------ ------ - 53, 156 Cutlery -_ --- —-- ------- -- -----— _ 54, 156 Nails, tacks, and brads -__- ___ --- —__ __ ---_______ — 48, 155 Pens and needles__ _-___ —__- _ — _ ----------------- 51,156 Pins, hooks, and eyes_ — _____ --- — ---— _____ _ 52, 156 Pipes ___ --- —--— ____ --- —- __39,155 Rails - ---— _ --- —----- ----- -----. 35, 153 Rolled bars, beams, rods, etc__- ---- ______ _ _ 35, 154 Crucible steel bars, etc _- _ _____ — - ---- 35, 154 Saddlery hardware___ --- —-_____ --- —-------— ___-_ 49,155 Screws; nuts, rivets, etc --------— _ _ _ ----__ 47,155 Iron sheets, unpolished; hoop iron___ --- —_ —__ _ ______-__ 36, 154 Polished, etc_ __-_ --- —----------- -— ___ 36, 154 Tinned and tin plate_ —_ --- —-------------- 36,154 Small arms, pistols, etc ---—. ----.-.. --- -.. 55,156 INDEX. 369 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Iron sheets, unpolished; hoop iron-Continued. Structural ------------— ______________ 41,155 Tin plate manufactures ___________ —_-_______ ___ 57, 156 Tools, etc______ ___ ----__ __ _-__ — ______ _____ --- —-- 46, 155 Wastes, shavings, etc ____ --- —---— __ __ - __-__ 74,159 Wire __ --- —------------------------- 40, 155 Gauze___________ — ------------- 44, 155 Ivory ___________ --- — - -__ --- —----— _ 341, 195 Jasper ----------------— __ —____ —__ 1, 146 Jerseys, cotton ______. --- —- -— ____-______- - 125,169 Linen, etc -______________________ --- —------- 152,174 Silk _____ --- —-— ___ __ ___________ —. 173, 177 Woolen, etc __________ --- —--- — ____ --- —---- 165, 176 Jet - ----- — ___ ____ _ ___ _ __ _ ---__ ____. 341,195 Jewelry, gold and platinum __ --- --— _ 27,152 Silver -_____ ______ --- —---— _ --- —-- _- 28,152 Jinrikishas____ --- —---— _____ --- —-- 261,187 Jute, raw __ --- —---------- — _______ --- —__- 138,171 Textiles, plain, etc ----- ______ --- —------ 147-150,171 Carpets ----__________-_ — _ --- —____ —___ 155, 175 Pile fabrics ______ --- —--------- ------— _ _ 151,174 Yarn, not finer than 5 lea_ --- —------------------ __140,171 Finer than 5 lea ---------— _ — _____ ----- 141,171 Knitted goods, cotton____ ____ --- —- — ___ ____- 125,169 Linen, etc_ ------------------— _______ 152, 174 Silk _ —__- ______________ --- —-— _ _. 173, 177 Woolen, etc_____ _____ ----___ — ___ 165,176 Knives -------------— _- — ____ —______ 54,156 Laces, cotton — _______ --- —------------ 127,170 Linen, etc — _______ --- —-------------- 154,175 Shoe and corset, cotton_ --- —— ___ —____ --- —-- 132,170 Linen___ --- —---— ___ -— _____ 158, 175 Lampblack __________ --- —----- --- ---------— _ 89,161 Lamp chimneys ___ --- —--— _____ —_______ — __- 13,149 Lamp wicks, cotton_ --- —--------------------------- - 130,170 Lamps, incandescent_ ___ --- —- — ____ --------- 250, 187 Lard _________________________ --- —-- ---- 271, 188 Vegetable, and imitations ---— ____ —____ --- — - 272,189 Latticework, wooden_ ____ _ __ ---- --— _ __ _ --- —------ 194,181 Launches --------— __ — ___ --- —-_____ 267, 188 Lead, and articles of --- —--------------------------------- 73,159 Pencils ____ _ _____ --- —------------ - 85, 161 White and red ---------------— __ __ __ --- 84,160 Leather belting ____ --- —-----— _____ ----- - 229,184 Dressings, etc --— ________-__-__ ---______ --- —- - _ _ 89, 161 Manufactures -- - __- __ _ --- _- -— _ --- —------—. 229,184 Leaves, drugs _-_ --- —----------------------------—. 81,160 Lens, single ____ --- —---------— ______ --- 361,197 Combination, etc --- —_______ --- —---------- 362,197 Lichens, drugs -— _____-___ --- —---------- 81,160 Licorice, extract of-_ -----— _ __ ____ --- —----- 78,159 Lighters____ --- —-_ --— _ ----- ---------- 267,188 Linen textiles, plain, etc_ _ ----— _ — ____ ---— _ 147-150,171 Cinches, or saddle girths - --------------- 159, 175 Knitted goods_________ --- —-------------- - 152,174 Laces and blondes_ --- —_____ —____ --- —- 154,175 Pile fabrics ------— ___________________ --- --------- 151,174 Shoe and corset laces --- —--------------------------- 158,175 Tapestry, etc __ --- —___ --- —---------------—.. 156,175 Threads.-________________ —____ --- —----- 144,171 Trimmings, etc _ ------------------------ 157,175 Tulles ---- ----- - ----------------- 153, 175 Waterproof — ___ --- —_ 160, 176 Lime__ -__ ____________ --- —----- 3, 147 Chloride__-____ __ — ---------------------- 94,162 Phosphates and superphosphates of ----—. --- ——.- 94,162 360 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905 —Continued. Page. Dutiable articles-Continued. Liqueurs -__ --- —-— ______ — —.-..._ —..__.- 308, 192 Locomotives _ ----_ — __ --- —------ -- 246,186 Lubricating oils _______ --- —--— __________ --- — 8,9,149 Macaroni ---- _____-. -----------— _ --- — 284,190 Mace-__ — _ --- —--------------------- _297, 191 Machinery, agricultural, etc-____ --- —-_____ ---___ 245,186 Not specified _ ___ ---___ _ --- — ---— _ __-_ 257, 187 Madder ________ --- —--------- -- 86, 161 Magnesium, carbonate of___ _____ ---- ____ ---------- 94,162 Sulphate of ---— __ ---______ --- ----— ____ 94,162 Malt --— __ ----- — _ ---- 280, 190 Extract _______ --- —-------— ___ _ _ - - 312, 192 Liquors_ _____ --- —-----— ____ ---- 312, 192 Maple sirup _____ --- —------------— ____ --- —- 337,194 Maps-____ ----___ ___ --- — 182, 178 Marble _ -- ______ --- —--- ----- --— __ 1, 146 Mares__ __- __ --- —-— _ — _ ---__ --- —-— _ ---- _______ 205, 182 Matches ----------------- - -------------- 351, 196 Materials, crude — _ --- —---------— _____ --- — 366,197 Meal, corn and oat________ — ___ --- —-— __ ----— __ 278,190 Meats, canned or potted ______ --- —---- --— ___ __. 315,192 Finer -------- -----— _ 316, 193 Salted ________ --- —-------— ____- 269, 188 Smoked or cured ______ --- —-------— __ __ — - 270,188 Medicinal oils -----— _____ —___-______- ----- 101,163 Meerschaum --- __ --- —--------— _ _ — ____ 341, 195 Merchandise not specified _ --- —. ---.-.-.. —.-.- -—. — 365,197 Mercury ____ —_ ---_ ---- ___ ---- -. --- — _70,158 Metals, copper and alloys_ ----- ---—. ---- -. —. —._ 60-69,157 Gold ___ —__ _ ----_ ------- 27,152 Gold and silver plated ware_____ --- —---— __ --- —- 29,153 Iron and steel --- —---- ____ — ____ ------— ___ 30-59,153 Other ----— ________ — — __ _ --- —------- 70-73,158 Platinum _____ --- —------------— ___ --- —-- 27,152 Silver__ _____ --- —-------- -- --— ___ 28,152 Milk, condensed, etc _____ --- —--------— ___ --- —_ 320,193 Millet______________ --- —----------- 279, 190 Millstones ___ --- —---— ____ ------------— _- 2, 147 Mineral waters — _ ---- ______ —__ --- — -— __ _ --- —-- 312,192 Molasses ---------------------------- 337,194 Mosses, drugs --— _____ --- —---— _ ---_____- 81, 160 Mother-of-pearl ---------— __ ____ ---____ --- —- 341, 195 Motors ------- ----------------- _ 243, 186 Mules______ --- —-----— _ -— ___ --- —------- 206, 182 Music, boxes -_____ --- —------- __ —____ ---- _237, 185 Printed_ __- -----------. --- —------- 180, 178 Musical instruments -----— _____ -— _ --- —_____ _ 237,185 Mustard ___ —_ — ___ ___ ---- - — ______- 300, 191 Nails, copper ______ ---- ____ --- —- -— __ ____ -- 68,158 Iron__ _ _____ --- —------------— _____ - - 48, 155 Zinc____ --- —---------- -— ____ --- — 73, 159 Needles, all kinds-__ — __- ___ --- —---------— _ 51,156 Nets, fishing ------- __ — _ —____ __ __ 144,171 Nickel and alloys _________ --- —--- -— ____ -- - 71,158 Nitric acid ----------------------------- 91,161 Nutmegs ------------------------------- 298,191 Nuts, conserved _______________ --- —------- 331,194 Copper -------------- --------------- 68, 158 Dried ---------------------------- 329, 194 Iron and steel-____ _____ --- — _ ___ —___ --- 47,155 Oats ------------------ ----------- 278, 190 Ochers, etc__ — -------------------— __ --- —-_ 83,160 Oelic acid_ --- —--------------------------- 92,162 Oelin, —.-. — ------------------------ - 101, 163 INDEz. 861 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Oil-extracting machinery --- —--- ----------- 245, 186 Oilcloths- -------- ---- --------------— 349, 195 Oils, animals, and fats ---—.. -- -------- 101, 163 Mineral, crude_ ----------------------- 8, 149 Refined, for lighting, etc -------- --- — 9, 149 Other __ -------------------------- 10, 149 Table -----------------------— 305, 191 Vegetable ------------ ---------- 100,163 Oleomargarine ---------------------— 336,194 Olive oil __ --------------------------- 304, 191 Omnibuses --------------- ---------— 259, 187 Onyx ------------—.. --- -----------—.- 1, 146 Opium, restrictions, etc --- ------— _ --- —- — 80, 159 Pipe bowls_ ----------------------- 23, 152 Ores -------------------------— 11,149 Scoriae from smelting --- --------------- 75, 159 Ornaments ---------— _-__ —340, 195 Oxalates ----------- -------------— 95, 162 Oxalic acid ----- ----------- ---------— 92, 162 Oxen ----------------------------— 208, 182 Oysters --------------------------— 275, 189 Canned ------------- -------— 317, 193 Paints, bituminous_ ------------------— 85, 161 Palmitic acid ----------------------— 92, 162 Paper, blank books_ --------------------- - 181,178 Blotting -----------------------— 186, 179 Books -----------------------— 180,178 Cigarette ------------- -----------— 188, 179 Common wrapping, etc ---- ___ --------------— 178,178 Copying, photographic, etc _ ---------------------------— 187, 179 Engravings, photos, etc_ ------ _ ------— 182, 178 Lithographs, etc., labels, etc — ------------ 183, 178 Manufactures, not specified __ ------- ------— 190, 180 Other, not specified --- —--------------- 187, 179 Paste and carton pierre ---__ ------------ 191, 180 Pasteboard and cardboard ---------------— 189, 180 Manufactures --------------------— 190, 180 Printing ----------- - -----------— 177, 177 Pulp ------------------------— 176, 177 Roofing -------------------------— 348, 195 Sand, etc --- —---------------------- 185,179 Toilet --------------------------— 178, 178 Wall ------ ------- -----------— 184, 179 Writing, record, etc --- —------------- 179,178 Paraffin articles_ -------------- -------- 103,164 In lumps --------------— 102, 164 Parasol sticks ----------- ---------— 343,195 Parasols -__ ---------------------- -- 354,196 Parchment ------------------------ 219, 183 Pasteboard ---------- -- ----------- 189, 180 Pearls ----------------------------- 25, 152 Imitation ----------- ---- _ 26, 152 Peas, dried_ -------------------------- 287, 190 Pelts -------- ------------------— 213,182 Pencils, colored, lead, and indelible -------------------- 85, 161 Pens, iron- _ --- —-------- -------- 51, 156 Copper -------------------- - - 68, 158 Pepper ------------------------- 299, 191 Perfumes ------------------------ 105, 164 Petroleum, determination of character ------..__-____- -- - 147 Crude ----- --- -- _ --- 8, 149 Refined, etc- _.. --- —----------- 9,149 Pharmaceutical products ------------ — _- 161 Not specified. --------—.... --- —....99, 163 f 362 IND)EX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Phonographs _ — ____ — ___ --- —- _ — _ — _ — _ — _ ----__-__-__-254,187 Phosphorus - - -_ —_ —_ —_ —___ —_ —___ —_ —_ —_ —____ 90,161 Photographic apparatus _-_-_-_-_-__-__-__ — - — __-__-__-_ 362,197 Papers _ —_ —_ —____ —_ --- —— __ — - -— _-_-_-___ 187,179 Photographs ---------------------------- - -- - - 182,178 Pianos ___ —_ —_ —____ —_ --- —— _- __ — -— __-_____-__ 235, 185 Pickled vegetables and fruits _-_-___-__-__-__ — - ---------— 321,193 Pig iron -------------------------------- - -- 30,153 Pigs -------------------------------------------------- 209, 182 Sucking _ — ___ —_ —_ — _ —_ — __-__ — ------------ 210, 182 Pile-driving machinery ------------------------ - --------- 245,186 Pile fabrics, cotton __-_-_-_-_- __-_-__ — - ---------------- 124,169 Linen _ ----_ —_ ---- _ --- —----- __ — -— _______-__ 151,174 Pills __ —_______ —___ —___ —_ —_ ---__- -------------------- 98,163 Pins, common, iron _____- __-_-__-__-_-__ — — __-__-_-__-_-52,156 Copper ----------------------------- - -- 68,158 Pipe, cast iron _____ —____-_-_-_-_-_-__ — -— __-__-__-_ 31,153 Copper _ —_ —_ —_ —_ --- —- __ --- ___ — -— __-____-__ 67,157 Lead _ ----__ —_____ —_ ----_ —____- - --— _-__-__73,159 Tin ------------------------------- - -- - - 72,158 Wrought iron or steel __- __-____________ — ------------ 39,155 Zinc -------------------------------- - ---------------- 73,159 Pipes for liquids _____-_____-_-_-_-__-__ — — __-__-__-__-__363,197 Pistols and revolvers __-_- __-__-__-__-_____ — — ______- 55,156 Pitch, mineral --— _-_____-_-_-_ --- —__-__-__-__-__-__- 7,148 Plates, iron or steel, for vessels ----------------- - -- 42,155 Platinum, chloride of ____- ___- ____-__- __-_ — -_- __-____96,163 Jewelry, plate, etc ----------------------- - -- --- 27,152 Plumbing. articles, copper _-_- __- __ ---__-____-__-__-__ 69,158 Piushes, cotton ---------------------------- - ------------- 124,169 Linen, etc __ —____ —____ --- —_-__-__ — -------------- 151, 174 Porcelain, dishes, hollow ware, etc ---------------- - -- 21,151 Door knobs, etc __________-_-__-_-__-_ — -_-____-__ 22,151 Statuettes, vases, etc ---------------— __-__-__-__-__-_ 23,151 Portable engines -------------------------- - -- - 246,186 Potassium, chlorate of --- —------------------ - -------------- 94,162 Chloride of_ _____________________ — ---------------- 94,162 Nitrate of__ __ —_ —_ —_ — _ --- __-__-_-_ — ------------- 94,162 Oxide and hydroxide ___-_____-__-__-__ — - ------------ 93, 162 Sulphate _ —_ —___ --- —- ____ — __-__ — ---— _____ 94,162 Potted fish ------------------------------ - --------------- 317,193 Finer --- 7- __ __ - -_ -_ - - -318, 193 Meats ----------------------------- - -- 315,192 Finer -- ----------— _ --- —---- ------- - 316,193 Sea food _ —___ —_ —_ —_ --- —.-_-__ — — __-__-__-__-__317,193 Finer ---------------------------- - --------------— 318,193 Soups ----------------------------- - ------------- 319,193 Pottery, ceramic tiles __-__-_-__-__-__-__-__ — ------------— 18,150 Common clay _____-___-_ ----__- 17,150 Earthern and stone ware _-__- __-__-___-_ — -_-__-_ 19,151 Faience ------------------------------ - -- 20, 151 Porcelain, dishes, etc -------------------------------- 21,151 Doorknobs, etc ---------------------- - ---------- 22,151 Statuettes, vases, reliefs, etc --- —----------- - ----------- 23,151 Poultry ___ --- — -- - 268, 188 Precious stones and doublets ------------------- - -- - 24,152 Imitation ---------------------------- - ---------------- 26,152 Preserved fruits __ --- —-_-__-__-__-__-_ — --------------— 322,193 Pulse, dried _____ —__ ----____________ — --- ____ _ 287,190 Rails, iron or steel _____-_____-__ —__-__-.__-__-__-__-__-_ 35,153 Raisins, in bulk _ —__________________ — ----- 286,190 In packages _____________________- - -_______ 285,190 Ramle, textiles, plain, etc __-_- __-_ —_-__-__-__-__-__ 147-150,173 Razors __ __ —_ ----_ --- —- _____-_- __ — - — ___-_-______ 54,156 Refrigerating machinery -------------------- - --- _ - - 245,186 INDEX. 363 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Resins and gums -__ —_ —_ —_ —____ ----_ —_ —_-__-__-__-__77, 159 Ribbons, cotton -__ —_ —_ —_ —_ --- —-_ ----_ ---__________131,170 Linen, etc -_ —_ —_ —___ —_ ----_ —_ —__ --- —_ —_-____157, 175 Rice -__ —___ — ___ —_ —_ ----_ —_ ----__ ----___ —_____276, 189 Rice machinery -__ —_ ----_ -----------------— _-_-_-_245, 186 Rivets, copper -------------------------------— _-__-_____68,158 Iron and steel- -__ —_ —__ —_ ----_ —__ — _ —_-__47,155 Road machinery -----------------------------— ___245, 186 Roofing felt, etc- -__ —_ ----_ --- —---— _ ----_-__-__ 348,195 Paper -__ —_ —_ — _ — _ —_ — _ -------- _____ —___348,195 Root beer -__ —_ —_ ----____ —_ --- —-_ —_ —_ ----_____-___312,192 Roots, bulbous, not edible- - __ --- __-_-__-_-__-__-__81,160 For dyeing -__ ----_ —_ —___ —_ —_ --- —-___ —____86,161 Rope and cordage- -__ ----_ —_ —_ --- —-_ ----_____-__133,170 Hemp, etc- -__ ----_ ----___ —______ — _ —_ —___-_____146,171 Rum __- _ __ 308, 192 Rushes, cane, etc -_ —_ —_ —_ —_ --- —-— _ —_ ---__________203,182 Furniture -------------------------------------------— 204,182 Rye- - __ —_ —___ —_ —_ ----_ —_ —__________ —_________-277,189 Saccharine- -__ —_ —_ —_ —_ —_ —_ —_ —_ — ______ —_____326,194 Saddle girths, cotton- -__ —_ —_ —__ ----_-__-__-____________134,170 Linen, etc- -__ —_ —_ —_ —_ —_ —_ ----__ —_ —_____-__159,175 Saddlery __ —_ —_ ---- __ —_ —_ — _ —___________________ --- — 228,184 Saddlery hardware ------------------------------- _49,155 Saddles, leather ---------------------------— ____________228,184 Saffron- -__ —_ —_ —_ —_ —_ ----_ —_ — __________________296, 191 Sal soda ------------------------------------------------— 94,162 Salmon, canned -__ —_ —_ —_ —___ —_ —_ —_ —_ — _________317)193 Salt, common -------------------------------------------— 94,162 For packing meats __ —_ —_ —_ —_-_-____-__- ___ —_ 270,188 Salts, inorganic -__ —_ —_ —____ --- —-_ —_ —________-______94,162 Organic -__ —_ —_ —_ —_ —_ ----_ —_ —_ —_____ ----_____95, 162 Sandals -------------------------------------------------— _227,184 Sandpaper- -__ —_ —_ —_ —_ —_ —_ —_ —_ —___________-___185, 179 Sanitary construction articles, copper- -_-__-___-____-_-_- 69,158 Sardines, canned __ —_ —_ —_ —__ —_ ----_- __-__-__-_ ---- 317, 193 Sauces, table --------------------------------------------— 328,194 Sausages ------------------------------------------------— 270,188 Sawmill machinery --------------------------------------— 245,186 Schists- -__ —___ —_ — ___ — _ --— _ — _ --— _ — 7,148 Oils from, crude- -__ —_ —_ —____ —_ —_ —_-____________ 8,149 Scissors and shears- -__ —_ ---- _ —___ — _ —_-____-__-__-__54,156 Scori e --- —-------------------------------------------— ___75,159 Screws, copper -__ —_ —_ —_ —_ —_ —_ —___ —_ —_-__-__-____ 68,158 Iron and steel- -____ —_ — ____ —_ —_ —_ —_ —___________47,155 Sculptures- -__ —_ --- —-_ —_ —_ —_ —_ —_ —__ —_ --— __ — ___ 1, 146 Sea food, canned- -__ —_ —_ —_ — ____ —_ —_ —_-____________317,193 Finer-_ --------------------------------------------- 318, 193 Seeds, aromatic- -__ —_ —_ —____ —_ —_ —_ —___-____________81,160 Edible, not specified- -__ —_ —_ —_ —_-__-__-__-__-__-__302,191 Morbid growth- -----------------------— _-________81,160 Oleaginous_ --- —--------- --------------------------- 76, 159 Sensitized paper -__ —_ —_ —_ ----___ —___________________187,179 Sewing machines, etc- -__ —_ —___ —___ —_-__-__-__-__-____251,187 Sheep -__ —_ — ___ —_ —_ ----_ --- — 211,182 Sheets, copper __ —_-__-_____- __-_ --- —------------------— 63,157 Iron and steel -__ —_ —_ —_ —_ —_ —_ —_ —__-__-__-__-_ 36, 154 Shell __ —_ —_ --- —-- 341, 105 Shellfish ----------------------------- 275, 189 Shoe polishes, etc __-__-__-__-__-__ --- —------------------- 89,161 Shoes, calfskin ----------------------- 223,184 Cowhl~e, canvas, etc __-__-_____-_ --- —---------------- 221, 183 Fancy- ---------------—. --- —----------------------- 225, 184 Other _________________ — _-_ --- —----------- 225, 184 Patent leather, etc --- —--------------------------------- 222, 183 864 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Shooks, wood ---- ---------— _ --- —-- 194,181 Shot, lead -----------------—. --- — 73,159 Silk, floss. --- —-------------------- 171,177 Dyed ---------------- ------------ 172, 177 Knitted goods- — _ ---- _-_-_- 173,177 Spun -- ------------------- --- - 169,177 Textiles --------------------------- 174, 177 Twisted ------------- --------- 170,177 Waste and cocoons ------------ -__ --- — 168, 177 Waterproof ----- ----------------- 175, 177 Silkworm eggs —_-__ --- _ _- ___-_ --- 167,177 Silver, chloride of -------------------- 96, 163 Jewelry, plate, etc _ ---------------- 28,152 Plated ware _ -------------------- 29, 153 Siphons, glassware ---------— _ ----------------- 12,149 Sirup, table ------------------------ 337, 194 Skins. (See Hides.) Slot machines, automatic -__ — ___ --- —------ 256,187 Soaps, etc ---__ --- —------------------- 104,164 Socks, cotton-___ —_ --------------- ------ 125,169 Linen, etc -__ ----_ ___________-_ --- 152,175 Silk -----— _ ---------— _ --- —- _ 173, 177 Woolen, etc ---------------- ------ 165,176 Sodium, bicarbonate of ------------------------ 94,162 Chlorate of ------- ---------------- 94,162 Chloride of ------------------------- 94,162 Hyposulphite ------------ ---------- 94, 162 Nitrate of ------------------ ------------ 94,162 Oxide and hydroxide -------------- ---- --------- 93,162 Sulphate of ------------------- ------ 94,162 Soup pastes - ------------ ----- --- -- ------ 284,190 Soups, canned, etc_ --- --- --------- ---------- 319,193 Spermaceti, crude ------ -— _ —_ --- —— _ 101, 163 Spices, not specified --------- ------- -- 296,191 Spirits, compound-_ —. — - ---— _ --- —- 308,192 Springs, furniture ---_ -- ---— _-_-_ --- —------ 45,155 Wrought iron and steel --- ------------------ 38,154 Starch for industrial uses ---------------------- - -- 107,164 Statuettes, clay, etc ----------------------- 23,151 Staves, wood ------------------------------ 194, 181 Steam plows. --- —-------------------- 245, 186 Stearic acid_ ---------------------------- 92,162 Stearin articles ------------------------ 103, 164 Crude ---------------- -------- 101,163 Steel. (See Iron, wrought and steel.) Stems, drugs ---------— __ ------ ------ 81,160 Stockfish ------ --------------------- 273, 189 Stockings, cotton ------------- --------- 125,169 Linen, etc --- —---------------------- 152,175 Silk ------------------------------ 173, 177 Woolen, etc ------------ ------- -_ 165, 176 Stockholm tar ----- ------------------- 77,159 Stone, fine -------------------------- 1, 146 Other, natural or artificial --- -------- ------- 2,147 Stoneware -------- - -— _ --- —--- 19,151 Vases, etc__ --- —--------------— _ — 23, 151 Structural iron or steel ---— __ ----____ --- --- _ 41,155 Stuffed birds and animals___ --- —---- - ------- 232,185 Succory root- ---------- ----------- 292, 191 Sugar --------------------------- 289, 190 Sugar machinery --- —------ ---- ------ 245, 186 Sulphur ----------------------------- 90, 161 Sulphuric acid _ ---------------------- 91, 161 Surgical dressings, etc -------------- _ — ---— _ 99,163 Surgical instruments ---------------------------- 54, 156 INzDES. 865 PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Sweetmeats —___ — _-____ __ ---- —.._- 332,194 Table condiments, etc ----------------- - 328, 194 Table covers, cotton-l____________ —________-___ __ 129,170 Linen, jute, etc _____ --- —— _____ ------ - 156,175 Tacks, copper -------— __________ —____________- 68, 158 Iron__ _-_______ _ --- —------------- - 48, 155 Zinc ----— ______ --- —------------- ____ 73, 159 Tan bark____ ------------— ______ --- —. 79,159 Tape, cotton __________ --- —----- ----— _______. 131, 170 Linen, etc - ---- -----— ___ _____ _ 157,175 Tar, coal____________________ --- —----- - 7,148 Tarpaulins, sand-coated _________ __ —___ __ —__ — 347,195 Tartaric acid — _ —_______ —_____ —__-_______ -__. 92, 162 Tartrates __________ --- —— _-___-__ ___ _- 95, 163 Tea-__ _ ---_______-___-__ _____ --- - -. 301, 161 Thread, cotton _____________ --- —- — ____ --- —-— _____. 116,165 Hemp, etc --- —-______ --- —-— ____-_________ 144,171 Tiles, ceramic ----— ____________________ ---_ 18, 150 Tin and alloys_________ --- —---— _________ 72,158 Tin-plate manufactures ----— ___ --— _______ 57, 156 Tinned wrought iron and steel ----— ___ — __ _ _ _-____ 36,154 Tissue paper____ --- —--— __ —______ ---- _ 187,179 Tobacco ----------— __________________ --- —----- - 364,197 Toilet paper _______________________ --- —------- 178,178 Powders and oils.________ — ----- __ 105,164 Tools, wrought iron and steel________ _ --- —________ 46,155 Tortoise shell _ -------— __ —__ ----_ __ ____ __ 341,195 Toys_______ --- —---------— _____ 353,196 Traction engines —________ ______ —_______________. 246,186 Trimmings, cotton_ —___________ —_______- -______ 131,170 Linen, etc __________- __________________ -___ 157,175 Trinkets -------— _______ _ -- __ _ ----- __ 340,195 Tulles, cotton________ --- -— ______ —___________ 126,169 Linen_________ --- —-— ________ 153,175 Tuns for liquids-.._______ — _ -— ___ ____ 363,197 Turntables —_______ -----— ______ ---- ____ 247, 186 Turpentine -_____- ____________ ----____- ____ ___ 77, 159 Twine, cotton__ --— ____-____- __ — ______116,165 Hemp, etc-_ — __________ --- —---------— __ ---- 144,171 Type — _____________-__ ____________ ---. 73,159 Typewriters, etc_____________________________________ 253,187 Umbrella sticks-_____-__-__-____-__-__ _____ 343,195 Umbrellas-_________________ -— ___________ 354,196 Undershirts, cotton ---— ______ — ______-_____ 125,169 Linen, etc ----______ __________ ____ --- - _. 152, 174 Silk _____.______ ---- — ____ —__ ------ 173,177 Woolen, etc --- —---— _________ ____________- 165, 176 Valises, etc., leather ---------— _____ _____________ 228,184 Vanilla beans___ ----_______ — ______ ---— _____ 295, 191 Varnishes -------- _____ —__________________ 88, 161 Vaseline _ --- -— __________ -____ __________ 10, 149 Vegetable fibers, raw ______-______-__ _____-__ _______ 138, 171 Carpets -__ --- —-— __________ --- —— _- 155, 175 Vegetable juices, drugs ---__ __ _ - _ ____-__ _ ___-__. 78,159 Vegetable products, drugs-_________________ — ___ __81,160 Vegetables, canned_ -----— ____ __-____ _______ _ 320,193 Dried, etc- __ ----------— _________ _ ---- 288,190 Not edible-_______ --- —-- -— __-____ ___ -. 81, 160 Pickled__ --- —------------------------ --- 321, 193 Velocipedes, etc — _____________ —__ __ —________ 252, 187 Velveteens, cotton ____-____ ----._____-__________ ___. 124,169 Linen ---____ --- —. --- —--------------- 151, 174 Velvets, cotton -------— __ _ - — ____-__ ___________ 124, 169 Linen, etc —__- ------— ____-__________- 151, 174 Vermicelli_ -.-.,__-___._-__............ 284,190 366 INDEX. PHILIPPINE TARIFF REVISION LAW, 1905-Continued. Page. Dutiable articles-Continued. Vicuna hair --------— ____ — ________ ---- - 161,176 Vinegar___ -— ____________ --- —------ - - 314,192 Wafers, flour_ -------— ____ — _ _______ ---- 283, 190 Wagons -_ ___ --- —--------— _______ --- —--- 264, 188 Walking sticks -------------— _ __- _________ 343, 195 Wares not specified ----____-___- ____ —_-.-___ - -- 365, 197 Wastes, animal__ _ ------- -— ____-__-__-___ _ 234, 185 Of iron and steel ____ --- — — _____ ----- - 74,159 Washers, copper —__________ _______ --- —------ 68, 158 Iron and steel-__ _____ --- —---------------- 47,155 Watches, etc________ --- —---— _________- - 238, 185 Wax, unwrought ---_, ______ ---- ----------------- 102, 164 Wrought ------- _ ----_ —___ --------- 103,164 Weeds, drugs_ __ ----___,_-__ — __ ----___-_ 81,160 Weighing machinery ____ — ____ —________ --- —- 242, 186 Whalebone _________ __ --- —--------------- 342, 195 Wheat _-___ --- —---— __ — _________ ------ - 277, 189 Wheelbarrows --— ___ --- —— _ — ______ -------- 266,188 Wheels, wrought iron and steel _ _ _ ----_ --- —--- 38,154 Whisky ----— ___________ —___ --- —---— ____ _ 308,192 Wicks, cotton_ ----— ____ __-__ __ _____ ---- 116,165 Window glass _ ___ __ _ _ __. — __________ — 14,149 Wines, sparkling_______ --- —------------ --- 309,192 Still, fine___-________ --- —------------- 310, 192 Common __ --- —-____ --— _____ --- —— __ 311,192 Wire, copper__ ----__________ --— ______ ______ 64,157 Covered ___ --- —--— ___ --- —-- ______ 65, 157 Iron or steel-___ ___________ — —.____.__ --- —- - 40,155 Wire gauze, copper -— _____ ________________ __ ---_ 66,157 Iron — _ —___ __ -------- __ ___ --- —----- 44,155 Wood, fine ______ --- —---— ________ __ --- 193,181 Coopers' wares ---— _______ ---— ___-____-__ 194, 181 Fencing, etc_. —.____-_____ —_____-_ _____- 194, 181 Ordinary ------— _______ — _____ __ _ --- — - 192, 180 Tool handles, etc — __________ —____________ _ 194,181 Woods, dye _ _ ---- _______- - -— _________ 86, 161 Wool, raw --- —---— ____________________ --- 162,176 Knitted goods — ______________-________- 165,176 Textiles and manufactures_____ ____ —_________ - 166,176 Yarns _______ --- —--— _ --— __________ _ _ 163, 176 Worsted yarns_____ —_______ -- ---— ________ 163,176 Writing paper, etc --- _____ ____ -- ________ -_ __ _ 179,178 Yarns, cotton _____-____________________- 113-116, 165 Linen ------------------— ____ ______ 139-143, 171 Woolen and worsted__________ —_-__________- 163,176 Zinc _ --- — --------------- --- ---- ------ 73, 159 Export duties (figures in black type indicate number of paragraph): Abaca _ --- —------------------ 398,202 Cocoanuts _ —_____-_______ ----______ -____- - 402, 202 Copra --------------------------- ____- 402, 202 Hemp, raw or wrought______ ______ ---- — _____ --- —-- 398,202 Indigo___ __ ___ --- —---------------------- - 399,202 For dyeing__ --— _______ ----— _______- 400,202 Sugar __ --- —— _ --- —--- ___________ --- 401,202 Tintarron _ -- ___ --- — ------------------- 400,202 Tobacco, manufactured______ --- —-— ____ ---— _ 403,202 Raw, grown in Cagayan, Isabela, and Nueva Viscaya provinces ---— _,__ --- —-______ --- —---- 404,202 Grown in Visayas and Mindanao —__ __ --- —--- 405,202 Grown elsewhere in the islands ---____________- 406,202 Articles for United States on free list there exempt from export dutiesa -__-_______ --- —------------- 203 Duties on articles imported into United States to be less export duty --- -, --- —_ --- - ------— _ -- -— _-_ -----— _ --- 202 :INDEX. 367 PONCE, P. R.: Page. Appropriation for prize money, ships captured at __ --- —----- 214 Preliminary examination of harbor, to be made___ --- —---------- 213 Reservation of public land for custom-house at --- —--------------- 282 PORTO RICO: v Agricultural experiment stations __ --- —-------------------- 218,225 Limit of cost of maintenance ___________________ - 218,225 Live stock, purchase and introduction of_ —____ ---- ---- 225 Sale of products__ _ --- —-- --—. -- — ___ — 218,225 Appropriation forAgricultural experiment stations ----____ --- —--------- - 218, 225 American seamen, shipwrecked in, relief and protection of ---_ 215,225 Bringing home remains of civil employees, Army, who die in_. — 63, 72 Harbors, preliminary examination of__ --- —------------------ 213 Light-house, etc., expenses______ __ ______________ _ 210, 213 Marine Corps, repairs of barracks_____ ---------------- - 61, 71 Naval station, San Juan, bureau of yards and docks, clerk, foreman, etc ____ --- —-------------------— ______ 58, 69 Pay of officers and enlisted men, Porto Rico Provisional Regiment 67 Ponce, prize money, ships captured at -___-__ —_ --- —-_-_____- 214 Quarantine service -- _______ ----------- --- 210, 220, 226 Maintenance of system in__-___________________ - 220, 226 Station, San Juan, lazaretto, executive buildings, etc_ _. — _ 210 Resident Commissioner from — ___________ --- —--- 209, 212 Contract surgeons, Army, pay assignments, when on duty in ---_____-_ 54 Culebra Island, preliminary examination of Great Harbor to be made 213 Decisions of the Supreme Court of the United States relating toAmado, Ricardo, plaintiff in error, v. The United States (195 U. S., 172) -_______ _ ___ --- —----------------------- 304 Armstrong, Carlos, a British subject, a merchant carrying on business between Porto Rico and the United States, appellant, v. The United States (182 U. S., 243)__ _ --- —--— _ — 296 Crossman, George W., and Hermann Sielcken, composing the firm of W. H. Crossman & Bro., appellant, v. The United States (182 U. S., 221) ------— _______ ---------— _____ --- 292 Crowley, Harold, plaintiff in error, v. The United States (194 U. S., 461) -------------------- - 301 Czarnikow, MacDougall & Company (Ltd.), plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (191 U. S., 559) —__-__ -— ____ ____ --- —-- 298 De Lima, Elias S. A., Elias A. De Lima and Edward De Lima, composing the firm of D. A. De Lima & Co., plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 1)____ --- —--------------- 291 Dooley, Henry W., et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Company, plaintiffs in error, v. The United States (183 U. S., 151) __ --- —------------- 297 Dooley, Henry W., et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States (182 U. S., 222)_ 293 Dones, Francisco, appellant, v. Jose Urrutia, warden of the penitentiary of Porto Rico, appellee (202 U. S., 614)-__________ 309 Downes, Samuel B., doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 244) ------ ---- ----- ------ _ __ --- 293 Goetze, John H., doing business under the firm name of John H. Goetze & Company, appellant, v. The United States (182 U. S. 221) __-__ __ --- —---------------------- 292 Gonzales, Isabella, appellant, v. Wm. Williams, United States commissioner of immigration at the port of New York, appellee (192 U. S. 1) -----------— __ --- —-—....- ----- 299 Ribas, J., y Hijo, a Spanish corporation doing business in the island of Porto Rico, appellants, v. The United States (194 U. S. 315) -, ---- ------—. —..-.- - ------- --- 300 888 INDEx, PORTO Rico-Continued. Page. Decisions of the Supreme Court of the United States relating to-Con. Rodriguez, Rafael and Euripides, plaintiffs in error, v. The United States (198 U. S., 156) —______- __ -- ___ --- —-- 306 Vidal, in re Jose Juan Vidal et al. (179 U. S., 126) _ _ 289 Humacao, reservation of public land for custom-house at —___ ----__ _ 282 MayaguezPreliminary examination of harbor, to be made --- —_ --- —- 213 Reservation of public land for custom-house at-__ -— ____- - 282 PonceAppropriation for prize money, ships captured at -.___ - - __ 214 Preliminary examination of harbor, to be made__- _ -- __- - 213 Reservatoin of public land for custom-house at --...-___-_ --- _ 282 Porto Rico Provisional RegimentAppropriation for pay of officers and enlisted men -______ 67 Reorganization of --------— ________ --— ________ --- 55 Enlistments -— _ --- __-__ ___- ____ 55 Field officers to be detailed from Regular Army______ —_ _ 55 Future vacancies ---- ---— _ ---_ _ ___ ___ __ ---- 55 Pay, etc., of officers and enlisted men___ _- - -__ — _ __ — 55 Reappointment of present officers_____ --- — - — _ —___- 55 Reservation of public lands forNaval purposes in — _ __-__. --- —— _-_- _ _ _ — 279 Public uses__ --- ---------- --- 281 San JuanAppropriation forNaval station, Bureau of Yards and Docks, clerk, foreman, etc ____- _ --- —-_ --- —_ --- —- ------ 58, 69 Quarantine station on Miraflores Island, San Juan Harbor, buildings -----------— ___ _____ —________- 210 Preliminary examination of harbor, to be made_ __ _ _ —_ __- - 213 Presidio at, order revoking reservation of the____ __ _ --- 281 Proclamation by the President reserving public lands forCustom-house at -------------— _ ---- 282 Light-house, etc., at__ -----------— __ -____ __ ____ __ 282 Marine hospital at__ _ _ --- —---— ____ --- —— _ 282 Public building site in-. __ _____ --- —------------ 282 Time extended to file claims for refunding customs duties-__-__-__ 85 Transportation of teachers to United States authorized___ — _ 211 PORTO RICO PROVISIONAL REGIMENT: Appropriation for pay of officers and enlisted men__-_ --- —--- 67 Reorganization of-____ __ --- —-----— ___ __-_______ 55 Enlistments_ _ ---_______ --- —-----------------— __ 55 Field officers to be detailed from Regular Army____ --- __ __ 55 Future vacancies _ —___ ___- _ _______________ 55 Pay, etc., of officers and enlisted men -------— __ __ _ __ __ 55 Reappointment of present officers --— _ -__ _ ___ ---- - 55 POSTAL CONVENTION WITH CUBA (see also Treaties and conventions) __ --- 231 POSTAL SERVICE: First Assistant Postmaster-General, office of, appropriation for unusual business, third and fourth class offices, Alaska _ ___ --- -_ 35 Second Assistant Postmaster-General, office of, appropriation for difficult or emergency mail service in Alaska-.___ --- —----— _ 35 POSTMASTER-GENERAL: Mail transportation in Alaska, authorized to provide for difficult or emergency mail service in_ --- -----— _ ---- 11 POWER PLANTS, NAVY-YARDS AND STATIONS: Consolidation of, authorized__ 59 PRESIDENT OF TEE UIPITED STATES: Authorized to take possession of and occupy Canal Zone in Panama_ 114 Direct temporary government of territory ceded for isthmian canal-_____ ___ -— _ --- 114 Bond issue by Philippine government to be approved by — ____ 124 Fur seals, requested to negotiate with Great Britain for new rules for taking -_ --- —--- ------- -- ---- - --— __________________ 23 May appoint officers of Army to Porto Rico Provisional Regiment.- 55 May promote army chaplains with advice and consent of Senate -,. 49 Proclamations byAssuming control of Hawaii light-house establishment-______.1 285 INDEX. PRESIDENT OF THE UNITED STATES-Continued. Page. Proclamations by-Continued. Convening extraordinary session of Congress_ ------ ---- 283 Extending copyright benefits to Cuban citizens --------— _ --- 284 Reserving public lands in Porto Rico for naval purposes -------- 279 Order revoking reservation of the presidio at San Juan --- — 281 Reserving public lands in Porto Rico for public uses --- —---- 281 Custom-houses ---------- -- --------------- 282 Humacao ----------------------------------------- 282 Mayaguez — _ ------------------------- 282 Ponce ----------------------------- ----- - 282 San Juan —_ --— _ --- —-— _ --- — 282 Light-houses, etc ---------------------- 282 Marine hospital, San Juan --------- -__ --- 282 Public building site, San Juan_ --- —----------- 282 To detail officers and enlisted men as instructors to schools --------- 48 PRIZE MONEY: Appropriation for Ponce, P. R__ ---- -- -------- 214 PROCLAMATIONS BY THE PRESIDENT: Assuming control of Hawaii light-house establishment__ -_ --- — 285 Placed under Department of Commerce and Labor — — _-_- _ 285 Convening extraordinary session of Congress for approval of reciprocal commercial convention with Cuba -------------------------- 283 Extending copyrights to Cuban citizens ---------------------------- 284 Reserving public lands in Porto Rico forNaval purposes -----------------------------— _ 279 Public uses ---------- -- --------------- 281 Custom-houses --------- ___ ---- ------------ 282 Humacao -------------------— _ 282 Mayaguez ---— _ --------- -------— _ 282 Ponce ---- -------------------- 282 San Juan__ --------- -- ----------- 282 Light-houses, etc ---------- -- ------------- 282 Marine hospital, San Juan_ --- —— __ --- —-----— ________ 282 Public building site, San Juan_ ------- -------- 282 PROTOCOL: Amending Spanish text of extradition treaty with Cuba ----- 275 PROVISIONS, MARINE CORPS: Appropriation for, commutation for navy rations allowed in island possessions__ --------— _ ----- 61 PROVISIONS, NAVY: Appropriation for ------------------------ 60 Sale of stores to civilian employees at naval stations beyond continental limits of the United States and in Alaska -----------— __- 60 PUBLIC BUILDINGS: San Juan, P. R., reservation of, site__ -------— _ ---_-_ 282 Sitka, Alaska, appropriation for repairs to-__ — ------- 9,11, 39, 43 PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE: Hospital and laboratory for treatment, etc., of leprosy, to be established at Molokai, Hawaii — ----------------- - 109 Detail, etc., for service -------------- - -------- 109 Extra pay, etc., for detail at leprosarium — _ ----_ __- _ 110 PUBLIC LANDS: AlaskaCoal land locations; notice --- —------- 14 Actions by adverse claimants --------------- 14,15 Entries to shores of navigable waters not allowed ----------- 14 General provisions applicable -------- -- --------- 15 Patents to issue; price per acre _ -------- - ----- 14 Surveys and resurveys, etc., appropriation for -_ --- —-- 12, 13, 40, 41 Rates -------------------- 12,13,40,41 Forest reserves transferred to control of Agricultural Department ---. 31 PhilippinesCoal lands, measurements reduced to metric system, and values to pesos ___ ----------------------- 128 Provisions for entry of, etc — --------------- 134 Mineral lands, measurements reduced to metric system, and values to pesos --- —----------------- 128 Provisions for locating, etc., mining claims ---------------- 128 370 INDEX. PUBLIC LANDS-Continued. Page. Philippines-Continued. Saline lands, measurements reduced to metric system, and values to pesos ------------------------- 128 Sale of --- —--------------- -- ------- 134, 135 Porto RicoReservation of, for naval purposes in -— _ -------— _ --- 279 For public uses --------- _-_. —__-_-_ -- 281 PUBLIC SCHOOLS: AlaskaGovernor to be superintendent of public instruction -—.. ---.-___ 27 Portion of "Alaska fund " devoted to ------------- 25 Pupils admitted ------ --------------- 30 Provisions for Eskimo and Indian children -------—. --- —-- 30 Reports of town schools ------------. —._ -____- _ 29,30 School districts in incorporated townsEstablishment of ----- -------------------- 27, 44, 45 Outside of incorporated townsEstablishment of __ --- —-— _ ---_ --- —--- 28 School board, election, duties, etc --- _ -------------— _ 28 School board, election, duties, etc --- —-— _ --------- 27,44,45 QUARANTINE STATIONS: Appropriation forHawaii, system of, maintenance --- —------- _ --- — -- 220, 226 Porto RicoOn Miraflores Island, San Juan Harbor, buildings --— ____ 210 System of, maintenance -------------- __ 220,226 QUARTERMASTER'S DEPARTMENT, ARMY: Appropriation forLocating trail on Koyukuk River, from Yukon to Coldfoot, Alaska- 56 Reimbursing, for supplies furnished Marine Corps in Guam and Philippines --- —-------------------- 62 Shelter, etc., army in the Philippines -------- 7 ----------- 56, 67 Surveys, etc., wagon road Valdes to Fort Egbert --- —----------- 56 Transfer of launches to Philippine government -__-_ --- —------ 57 Closing accounts -------------------------- 57 Transports, sale of, restricted --- ------------------— _ 56, 67 RAILROADS: Oahu Railway and Land Company, right of way to, through Kahauiki Reservation, confirmed --------------------------------------- 107 Western Alaska Construction CompanyRelieved for five years of operating license - _ __ ---- 25 Conditions --- —-- ----— _ --- —------- 25 Time extended for completing railroad — ------------ 4 Completion of first section- _ --- —-----— ____.. 4 Filing map -—. -------— _ _ _ -___ -___ 4 Time limit for_ --------------------- 4 Time of construction_ ------------— _ --- —___ 4, 5 RAILROADS, PHILIPPINE ISLANDS: General corporation laws applicable to ------------------ - ---— _ -- 127 Government directors to be appointed___ ---------- ----- 127 Reports of receipts and expenditures ---— _- ----- 127 Guaranty of interest on bonds issued for construction, etc-. —_ ----_ 125 Conditions --------- ------ ------------ 125 Lien for return of sum paid —. ---- -_ ---I ---------------- 125,126 Limit of amount, and duration -— __ ------- -126 Jurisdiction of Supreme Court over -__-__-__-__ --- —------ 127 Material for, may be admitted free of duty ------------- 127 Supervision of construction, etc --- —---- --------- 126,127 RAPID-FIRE GUNS, ARMY: Appropriation forInsular possessions -—.. --- -—. ---. --- —-—..-____-_ 50 Purchase, manufacture, etc -—.. --- —. --- —-— _-_ 50 RECORD AND PENSION OFFICE: Title of Assistant Chief, to be Military Secretary ------- ------------ - -— _ ---__ 66 RECORD AND PENSION OFFICE, WAR DEPARTMENT: Merged in Military Secretary's office (see aIso Record and Pension Office)...-.. 52 INDEX. * 371 Page. REINDEER STATIONS, ALASKA: Appropriation for support of-__-__ ---__- 13,41 RELIEF AND PROTECTION OF AMERICAN SEAMEN: Appropriation for-_..__ 215, 225 REVENUE-CUTTER SERVICE: Appropriation for protection of seal fisheries, Bering Sea, and other waters of Alaska_____ ___ --- —----— __ 11, 39 RIBAS, J. Y HIJo: A Spanish corporation doing business in the island of Porto Rico, appellants, v. The United States, decision of the Supreme Court (194 U. S., 315) -_____ --- —------------ ----------- 300 RIGHT OF WAY: Through Kahauiki Military Reservation, Hawaii, confirmed ---—. — 107 To Western Alaska Construction Company for building railroad in Alaska ----— __ ______ --- —— __ —________ --- 4 RIVER AND HARBOR IMPROVEMENTS: Appropriation for Honolulu ---— __ —__ —____ --— _- 111 Rights granted to Nome Improvement Company to make harbor, etc., at Nome, Alaska ---------— ___ ----______-______ __ ___ 36; ROADS, TRAILS, ETC., ALASKA: Appropriation for survey of wagon road from Valdez to Fort Egbert 56, 73 Board of commissioners to lay out, etc_ __________ —__ 26 Expenses ------— ___ __ — — __ _ -------— ____ 26, 27 Portion of "Alaska fund" devoted to _ ___ --- —- ____ —25- 25 Road districts in, act authorizing creation of -________ ________ — ___ 5 Road overseers, appointment, duties, etc _..___- — __-__- ____ 5 Trail to Coldfoot on Koyukuk River from Yukon, appropriation for location of___ --- —_-__________________________ 56, 73 RODRIGUEZ, RAFAEL AND EURIPIDES, plaintiffs in error, v. The United States, decision of the Supreme Court (198 U. S., 156) __ __ __ ---- - 306 RUSSIA: Negotiations with, requested for agreement to revise fur-seal regulations ___-________ ___ --- —--— _ _ ------- - 23, 24 ST. GEORGE, ISLAND OF, ALASKA: Appropriation for furnishing food to natives of____ --- —----— _____ ______ -------- 12,40 ST. MICHAEL CANAL, ALASKA: Preliminary examination of, to be made___ 37, 38 ST. PAUL, ISLAND OF, ALASKA: Appropriation for furnishing food to natives of --- —-- __ __ _______ --- —------— _____________ 12, 40 SALINE LANDS, PHILIPPINE ISLANDS: Measurements reduced to metric system and values to pesos —_______ 128 Sale of__ __________ _ —__ --- —--------------— _ 134, 135 SALMON FISHERIES, ALASKA: Appropriation forAgents' salaries___ ----- ---— _ ____- - _________ - 12,40 Protecting ____________________________ — 2, 3,12,40 Salmon hatcheries, establishment of ________ ____-_______ 39,40 SAMOAN ISLANDS: Tutuila Naval Station, appropriation for, public works, Bureau of Yards and DocksLumber shed and boathouse ---____ ___ ______- ____-__ 70 Wharf — _ __ --- —------— ____ --- —------ 58 SAN JUAN, P. R.: Appropriation forNaval Station, Bureau of Yards and Docks, clerk, foreman, etc__ 58, 69 Quarantine station on Miraflores Island, San Juan Harbor, buildings ----------- 210 Preliminary examination of harbor, to be made -------— ____ _ 213 Presidio at, order revoking reservation of the-_____ -------- - 281 Proclamation by the President reserving public lands forCustom-house at ---- — __ --- —— _ ---__ _ __ — _ 282 Light-house, etc., at _ —.. --- —--...._.. --- —— _ ----__ 282 Marine hospital at__ ----------- ------------- --— _ 282 Public building site in-______ --- —---------— ________ 282 SANTIAGO DE CUBA: Appropriation for consul at __-__ — ________ —_ __ ---____ 89,93 Clerk hire-__ --- ----- --— __- 90, 93 SCHOOLS, ALASKA: Governor to be superintendent of public instruction- __ ------ 27 Portion of "Alaska fund" devoted to_ __ ---- -- -__ 25_ 25 Pupils admitted_ __ — _________ __ ________ —_ — -— _ 30 Provisions for Eskimo and Indian children,-,-,,_.,_ 30 372 INDEX. SCHOOLS, ALASKA-Continued. Page. Reports of town schools --— _ ___.. - __-__- ____ --- —___ 29, 30 School districts in incorporated towns — Establishment of ----------- ___ _- ______ —__ 27,44,45 Outside of incorporated townsEstablishment of ---____ —_-_ _ ___ —_ _____ — 28 School board, election, duties, etc_ --- —------------------- 28 School board, election, duties, etc --- —---- ------------ 27,44, 45 SEACOAST GUNS, ARMY: Appropriation forInsular possessions --- —-— ____ __________ - 50 Purchase, manufacture, etc_ --- —------------------------- _ 50 SEACOAST MORTARS: Appropriation for insular possessions ------— ____ - 50 SEAL FISHERIES: Appropriation forAgents' salaries, etc-.________ _ _.___. __ _________ 12, 40 Protecting _ --- —---------— ___ __ _ _ ___ ____ 12, 39 SEAMEN, AMERICAN: Appropriation for relief and protection of ---____ 215, 225 SECOND ASSISTANT POSTMASTER-GENERAL: Office of, appropriation for postal service ________ --- —------—.- 35 Difficult or emergency mail service in Alaska_ --- —-— _ --- —-- 35 SECOND WISCONSIN VOLUNTEER INFANTRY, WAR WITH SPAIN: Payment to members of band ---------------— _____ __ _____-__ -______ 83, 84 SECRETARIES OF EMBASSIES AND LEGATIONS: Appropriation for salaries__ 89, 92 SECRETARY OF AGRICULTURE: Authorized to permit cutting and removal of timber from forest reserves in Alaska ------— _ --- — __-__ ---___ _____ ____ 33,34 Control of fund from sales, etc., forest reserves ---__-____ _-______ 32 Forest reserves placed under control of —__ --- -— ____ — _ _____ 31,32 SECRETARY OF COMMERCE AND LABOR: Inspectors of hulls and boilers, steamboat-inspection service, in the collection district of Alaska, under____- __ --- —__ _____- _____ 34, 35 To furnish food, etc., to natives of St. Paul and St. George islands, Alaska --------— ________ _ __-__-_ _.. --- —_- 12, 40 To issue regulations enforcing Philippines shipping act --- —_____ 120 To select sites, etc., for fish hatcheries in Alaska -------— _ ____ 40 SECRETARY OF STATE: Appropriation to enable, to mark boundary between Alaska and Canada___ _ --- —- _ __ _ _ - _ _ _ _ 1,42 SECRETARY OF THE INTERIOR: Control of educating Eskimos and Indians, Alaska___ --- — 27 Secretary of the district of Alaska, bond to be approved by__ -— _ 46 To contract for care of insane persons, Alaska__ ___ ---- ____-__- 15 SECRETARY OF THE NAVY: Authorized to consolidate power plants, navy-yards and stations -_ 59 'Authorized to expend certain sum in survey of Welles Harbor, Midway Islands_ _ __ _ --- _ __ _ _ --- —------------ _ __ 69 To prescribe regulations for the sale of provisions to civil empolyees, naval stations, beyond continental limits of United States and in Alaska _____ ---- __ --- —---------— _ --- 60 SECRETARY OF THE TREASURY: Authorized and directed to make payment to Adolph Spiegel___ -— _ 214 Authorized to cause the erection of buildings for leprosy hospital at Molokai, Hawaii -______ —_____ — ________ ------ 109 Nome, Alaska, authorized to establish life-saving station at _ --- —-- 33 SECRETARY OF WAR: Authorized and directed to cause a resurvey of Honolulu harbor ___ 111 Authorized to direct transfer of title of launches to Philippine government -----------— __ --— ______ --- —-_ _ 57 Authorized to issue ordnance, etc., to military schools___ ----_____ 49 Authorized to mount guns on carriages for insular possessions-_____ 68 Authorized to order settlement of open accounts between Philippine government and the United States_ _ __ _ --- —--------- 57 Authorized to use transports for Porto Rican teachers to United States -------------— __ __ _ _- _ __ _______ 211 Directed to cause preliminary examination ofGreat Harbor, Culebra Island, Porto Rico____ _ --- —-___ ____ 213 Harbor at Hilo, Hawaii --------— 111-_ - ___ — ___1_- ll INDEX. 373 SECRETARY OF WAR-Continued. Page. Directed to cause preliminary examination ofHarbon at Ponce, P. R —___-_ --- —---— _ 213 Harbor of Mayaguez, P. R -____ __________ --- —------ 213 Harbor of San Juan, P. R-____ -______- ___ —__- - 213 St. Michael Canal, Alaska -__ ____ --- —------------ 37,38 Welles Harbor, Midway Islands___ __-_____ --- —-___ 71 Location of military trail on Koyukuk River, between Yukon and Coldfoot, Alaska, to be made under direction of__ ----__ --- _ 56 May assign retired army officers to active duty --- —-------------- 54 Survey, etc., of wagon road from Valdez to Fort Egbert, Alaska, to be made under direction of-__- _ -------------- — ___ ---- 56 To appoint board of road commissioners, Alaska; duties ___ --- —--- 26 To approve plans, etc.Bridge across Catalla Creek, Alaska_ — _-_ --- —- -- 22, 23 Harbor, Snake River, Alaska__ --- —------------------------ 36 SEWARD, ALASKA: Appropriation for military cable from Valdez to —____ 66 SHIPPING: Restrictions on trade with Philippines after July 1, 1906-__ _- 119 Time extended to April 11, 1909__ ___ —_ --- —------ -- 120 SHIPWRECKED AMERICAN SEAMEN: Appropriation for relief and protection of --------------- ------------ 215, 225 SIGNAL SERVICE, ARMY: Appropriation forCable, Sitka to Fort Liscum, Alaska ---— ______ -------- 51 Cable, Valdez to Seward, Alaska ------------------------ 66 Expenses ______-__-______________ ___ — _ — -— _ 51 SILVER: Punishment for unlawfully stamping " United States Assay," etc., on articles of__-___________ --- —------------ 223 SIMMET, Louis: Appropriation for --------— ___ _____ -------------- 83 SITES FOR FORTIFICATIONS: Appropriation for purchase of, for Hawaii - 50 SITKA, ALASKA: Appropriation forBuildings and wharf at, repairs to________ --- — _ 9,11, 39,43 Cable to Fort Liscum, from --------------— _ ---_- - 51 Marine Corps, repairs to barracks --- —-__ __ ____ --- 61, 71 Juneau made port of entry in lieu of__ --- —---------- --------- 22 SNAKE RIVER, ALASKA: Right to dredge, etc., granted Nome Improvement Company (see also Nome Improvement Company) -_________ ---- 36 SOILS BUREAU, DEPARTMENT OF AGRICULTURE: Appropriation for investigation of soils and conditions of tobacco growtlf in Cuba, etc_ --- —--- 218, 225 SOLDIERS' HOME. (See United States Soldiers' Home.) SPAIN: Privileges of trade with Philippines___ __ --- —--------- __ 120 Treaty rights in Philippines not affected by shipping act ---____ ---- _ 120 SPANISH TREATY CLAIMS COMMISSION: Appropriation forPayment of awards made by__ ___ --- —-------------- 75, 78 Payment to personal representative of Gaspar A. Betancourt -.- 78 Salaries and expenses -______ --- —---------------— _ 76, 78 Defense of suits before_ ---- — _-_ _____ --- —--- _ 76 Taking testimony, abroad -__ ______ --- —---— _ ___ 76, 78 In Cuba ----- ---------------------- 75 SPIEGEL, ADOLPH: Appropriation for payment to__ __- _____ _ _ _ 214 SPIEGEL, FINKELSTEIN & COMPANY: Appropriation for payment to Adolph Spiegel, successor to --- — --- ------ _ _ —_ _ --- —------ --- 214 STATES: Claims of, and Territories, war with Spain, to be presented before January 1, 1906 -— _ __ __ --- —-----— _____ ___- 80,81 Settlement on governor's certificate - __ _ _ _ --- —---— ___ 81 STATISTICS: Reports of Hawaiian labor, to be made every five years_.. — 96 STEAMBOAT-INSPECTION SERVICE: Inspectors of hulls and boilers In the collection district of Alaska —. 34 Assistants, and clerks authorized -.-.______ --- — -- -.. 34,35 Details, etc -— _ --- —----------------------------—..- 35 Duties. --- —-------------------- — _- 35 Salaries.-. --- —-------- ----------------- 35 Salaries ---— _ -------------- ------ ---- 35 3449-07 26 374 INDEX. Page. STRANAHAN, NEVADA N.: Warner, Barnes & Company (Ltd.), plaintiffs in error, v., Collector of customs of tle port of New York, defendant il error, decision of the Supreme Court (191 U. S.. 560)_ __ -------- -- 299 SUBIRA, RAFAEL: Appropriation for refund to__ --- —------------- 214 SUDSBURGER, JOSEPH: Judgment in favor of. not to be paid --- —---— ___ 81 SUGAR: Limitation on reduction of tariff on Cuban_ --- —_ ---- -- 87, 88 No other reduction of duty on, to be made by treaty --- —-------- 87, 88 SUGAR AND STARCH PRODUCING PLANTS: Appropriation for investigating chemical composition of_ ----------------------------------- 224 SURGEONS: Contract, army, appropriation for__ — __ --- ------------- 54 Authority when in charge of hospitals_ _ --- -- -- _ --- —- 54 Pay assignments when on insular, etc., duty ----------------- 54 SUPREME COURT OF THE UNITED STATES: Decisions relating to noncontiguous territory and Cuba, etc.Amado, Ricardo, plaintiff in error, v. The United States (195 U. S., 172)_ --- —--- ----------- 304 Armstrong, Carlos, a British subject, a merchant carrying on business between Porto Rico and the United States, appellant, v. The United States (182 U. S., 243)____ ___ --- —---- 296 Crossman, George \W. and Hermann Sielcken, composing the firm of W. H. Crossman & Bro., appellant, v. The United States (182 U. S.. 22-1) ___ --- —----— __ — ------ - ___________292 Crowley, Harold, plaintiff in error, v. The United States (194 U. S., 461) __ --- — ------------------ 301 Czarnikow, MacDougall & Co. (Ltd.), plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (191 U. S., 559) ------------ ------ ------- 298 De Lima, Elias S. A., Elias A. De Lima, and Edward De Lima, composing the firm of D. A. De Lima & Co., plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 1)-_____ ---- - --— _____ 291 Dones, Francisco, appellant, v. Jose Urrutia, warden of the penitentiary of Porto Rico, appellee (202 U. S., 614) — ------ 309 Dooley, Henry W. et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States (183 U. S., 151) _ --- -------- ------ ----- ----- 297 Dooley, Henry W.. et al., engaged in trade and commerce between Porto Rico and New York under the firm name of Dooley, Smith & Co., plaintiffs in error, v. The United States (182 U. S., 222)_ 293 Dorr. Fred L., plaintiff in error, v. The United States (195 U. S., 138) ---- - ---------------------------- 303 Downes, Samuel B., doing business under the firm name of S. B. Downes & Company, plaintiffs in error, v. George R. Bidwell, collector of the port of New York, defendant in error (182 U. S., 244) --- —------- 293 Fisher, Fred C., and Charles C. Cohn, on behalf of Felix Barcelon, plaintiffs in error, v. Col. David J. Baker, jr., and Capt. John Doe Thompson (203 U. S., 174)-__ — __ --- — ----- 310 Fourteen diamond rings, Emil I'epke, claimant, v. The United States (183 U. S., 176) ------ -------------- ------- 296 Franklin Sugar Refining Company, appellants, v. The United States (202 U. S., 580) --- - -------------------- 308 Goetze, John H., doing business under the firm name of John H. Goetze & Company, appellant, v. The United States (182 U. S., 221) _ ------—. --- —------------------ 292 Gonzales, Isabella, appellant, v. Wim. Williams, U. S. commissioner of immigration at the port of New York, appellee (192 U. S., 1)_ --- —------------------------- - 299 Hawaii, Territory of, appellant, v: Osaki Mankichi, appellee (190 U. S., 197) ---------------------- ---- - 298 Kepner, Thomas E., plaintiff in error, v. The United States (195 U. S., 100) --- —--------------------------- 302 INDEX. 375 Page. SUPREME COURT OF THE UNITED STATES-Continued. Decisions relating to noncontiguous territory and Cuba, etc.-Con. Lincoln, Frederick W., et al., trading under the firm name of Henry W. Peabody & Co., plaintiffs in error, v. The United States, No. 149 (197 U. S., 419; also 202 U. S., 484)__ ---- _ 305 Mendezona y Mendezona, Secundino, plaintiff in error, v. The United States (195 U. S., 158)-_ _ --- —------- ----- 304 Neely, Charles F. W., appellant, v. Win. Henkel, United States Marshal, etc., appellee: No. 1 (180 U. S., 109)-_____ --- —--------------- 289 No. 2 (180 U. S., 126)_ --- —--------- ------ _ 290 Ribas, J. y Hijo, a Spanish corporation doing business in the island of Porto Rico, appellants, v. The United States (194 U. S., 315) -__________ --- —------------------ 300 Rodriguez, Rafael and Euripides, plaintiffs in error, v. The United States (198 U. S., 156)________ --- —----- ---- 306 Trono, Valentin, et al., plaintiffs in error, v. 'lhe United States (199 U. S., 521) _________ --- —— _ _____ --- —-- - 307 United States, appellant, v. The American Sugar Refining Company, appellee (202 U. S., 563)_______ --- —------------ 308 Vidal, in re. Jose Juan Vidal et al. (179 U. S., 126) _______- 289 Warner, Barnes & Co. (Limited), appellant, v. The United Sttaes, No. 466 (197 U. S., 419; also 202 U. S., 484)___ --- —-____- 305 Warner, Barnes & Company (Ltd.), plaintiffs in error, v. Nevada N. Stranalhan, collector of customs of the port of New York, defendant in error (191 U. S., 560)-_______ ---- ---- - 299 Minimum amount for cases from Hawaii supreme court to --- —----- 110 SUPREME COURT, PHILIPPINE ISLANDS: Justices of, compensation --- —----------------------------------- 128 Powers of, over railroads aided by Government ----------------- 127 Vacancies in, temporary, how filled__ -----------— ___ - 128 SURGEONS, CONTRACT, ARMY: Appropriation for --— ___ --- —-__- ___ ----____- ___ --- —_ 54 Authority when in charge of hospitals_ ---- --------------- 54 Pay assignments when on insular, etc., duty ------------------- 54 SURVEYORS-GENERAL: Appropriation for, and their clerks ____ —__-__ _ 3, 32 SURVEYS: Alaska, and resurveys of coasts, appropriation for _ _ --- — 220, 227 TARIFFS: Preferential treatment of imports from Cuba _ ~_ --- —---------- 87 Reduction on goods from Philippines, paying export duty there__. 202, 203 TARIFF OF PHILIPPINE ISLANDS. (See Philippine tariff revision law, 1905.) TEACHERS: Porto Rican, transportation of, to the United States and return, authorized- __ __ ---- ____ -— _ -____ __ _ - ____- _ 211 TERRITORIES: Alaska. (See Alaska.) Appropriation for government in _ 3,32,43,95,96,108 Claims of States and, war with Spain, to be presented before January 1, 1906 ----- --- -- --------------— ______ 80, 81 Settlement on governor's certificate-_____ _ __ --- —------ 81 Hawaii. (See Hawaii.) TOBACCO: Appropriation for investigation of soils, etc., in Cuba -— __ _ 218, 225 TONNAGE DUES, PHILIPPINE ISLANDS: Authority of Philippine government over_ ---------— _ _ --- —- 135 Not imposed if only taking or discharging passengers — ______ --- —-- 203 On entry from foreign port — __ --- —----— ___-___ 203 Optional on cargo_ --- ______ --- —------------- 203 Vessels exempt ------------- 203 TONNAGE TAX: Levied on foreign vessels from Philippines -___-_ __ _ 119 TOWNS, ALASKA: Provisions for incorporating (see also Alaska) ----__ - 15-21 TRANSPORTATION, ARMY: Transports, sale of, restricted_ -- ------ 56, 67 TRANSPORTS: Sale of, restricted __- __________ ---- ------ 56, 67 TRAVERS, MICHAEL: Payment of Court of Claims judgment to guardian of_ 83 TREASURY DEPARTMENT: Appropriation forPayment to owners of British steamship Mogul. _ ------— _ _117 Quarantine service _ —__ --- —------- ------- --- 220,226 Use of "Alaska fund "- _ --------------------------- 39 376 INDEX. Page. TREASURER OF PHILIPPINE ISLANDS: To indorse and sign contract of guaranty on railroad bonds ------------- -------------- 126 TRIER, WILLIAM J.: Appropriation for ----- _ _ --- —_ —_-_- - 84 TREATIES AND CONVENTIONS: With CubaJanuary 26, 1903 -Supplementary convention extending the time for the exchange of ratifications of commercial convention, December 11, 1902 -------------------------------------------- 229 Contracting parties --------------— _ --- —----------- 229 Exchange of ratifications -------------------------- 230 Plenipotentiaries ------------------ 229 Preamble ----------------------- 229 Proclamation by the President --- —------------------ 230 Ratification time extended ---- --------- 230 Signatures__ --------------------- 230 May 22, 1903 -Treaty defining relations ---------- -------- 254 Contracting parties ------------------- 258 Contraction of debts limited_ ------------- 258 Exchange of ratifications — _ ----------------- 261 Extension of sanitary plans of cities ----------- 260 Naval, etc., stations for the United States --- --- 260 Plenipotentiaries ___ --- —---------------- 258 Preamble — ---------------------------------- 254 Proclamation by the President _-____ --- —---------- 261 Ratification --- --— _ --- — -------- 261 Signatures - _ —_ ------------— _ --- —- 261 Title to Isle of Pines__ --- —---------- 260 Treaty rights of Cuba with other powers - ------- 259 United States granted right to intervene, etc__ --- —------ 259 Validation of military acts, etc -------------- 260 June 16, 1903 -Postal convention --- _ --- —--------— _-_ 231 Approval by the United States - __-__ --- —---- 239 ArticlesAdmitted to the mails ---------------- 231 Classification and rates of postage, etc- ---- 233 Freedom from inspection ----- ------ 232 Not to be closed against inspection -_ ---_ --- 231 Exceptions ----------- -------- 231 Prohibited --- —------------ 232 Return of nondelivered ------------- 236 Exchange offices --- __ --------— _ --- - 235 Fully prepaid correspondence, etc --- —--------------- 234 Further regulations ---------------- - 238 Mail transportation, expense of-___ ----------- 235 PostageEvasion of payment ----------------- 234 Insufficient --- —---- ------------------ 234 Prepayment of_ --- ----------------- 233 Registration fees to be retained__ ----------- 233 Stamps -------------------------- 234 Preamble -------------------------------------- 231 Prepaid letters bearing return addresses on covers ----- 237 Protocol ---------------------- 239 Approved by Cuba — -------------- 243 Approved by the United States --- _ ------- --- 243 ArticlesAdmitted to the mails, subject to sanitary regulations -- -------------- __- 240 Effect -------------------- 242 Exchange of ratifications ------------ 243 Further regulations _ -- ------------- 242 Modifications ----- --------- ------- 239 Ratification -_ --- —-------------- 242 Provisions of the Universal Convention to govern --—.. 238 INDEX. 377 Page. TREATIES AND CONVENTIONS-Continued. With Cuba-Continued. June 16, 1903-Continued. Postal convention-Continued. Ratifications ---- ---------------------- 239 Registry ----- -------------------- 235 Descriptive list_ _____ --- —----— _ —___ 236 Nonreceipt of parcels____ ---__- ____ --- _ ---- 236 Registered exchanges, etc__ --- —---- ----- - 236 Return of receipts ------ ----------- 236 Return of prepaid letters____-_ — ------- 237 Signatures ____ —____ --- —- -- ------- - 239 Transit of closed mails- _- _ _ _ --- —---------- 235 January 20, 1904 -Supplemental treaty defining relations —____- -------— 262 Contracting parties —_ _ ---------------- 262 Exchange of ratifications_ --------— ____- --- -- 263 Plenipotentiaries _ --- —--— __ --- —----- 262 Preamble ---------------------------- 262 Proclamation by the President -----— _ —__ --- —- 263 Ratification time extended __ — -- — _ -- ---- 263 Signatures ____ ------------------— 263 April 6, 1904 -Treaty for the mutual extradition of fugitives from justice__ 264 Application for provisional arrest_ __ __ --------- 270 Discharge on failure to make formal requisition within two months ------— ___ _ ---__ ---- 270 In Cuba ---------------— 270 In the United States__ _ ____ __ --- _-_ _ 270 Complicity --- --------------------------— 268 Contracting powers__-___ ____ --- —--— _ -— _ 264 Disposal of articles seized with person _- ----- 272 Effect -_____ --- —-------— _ —__ ---_ 274 Exchange of ratifications --— ____-____ ---- ___ 274 Signatures ------------— __-__ - -— ___ — 274 Expenses _____ __ --- —-----------— ___ 273 Extraditable crimes ----— ______ --- —-— __ — 265 Arson --------- ------- ------------ 265 Breach of trust - ___ --------------- 266 Bribery___ _ --- —-- __ —__ --- —-- - 267 Counterfeiting _ —_ ---- _ __- — __ ---— _266 Crimes committed at sea --- —-- -— __ -__ 267 Assaults on shipboard -________- _ ___ -267 Destroying vessels ___-______ - — 267 Piracy ----- ------ -------------- 267 Revolt, etc-___ _- __ ---__ --- —-- _ 267 Embezzlement_ __ __ ---- — ______ -— 266 Forgery, etc — ____ ____ --- —-------— __ 266 Injuries to railroads, etc -_ ____ --- —--- _ 267 Kidnaping _____________- — _____________268 Larceny -----— _____ — ___ --------- 268 Mayhem __ --- —--- _ --- —- --------— 268 Murder -__ ---- _ — -__ __265 Obtaining money, etc., by threats_ ---— _ --- — 268 Perjury __ 267 Perjury -----------------------------------— 267 Rape, etc ---------- __ --- ------ -- 267 Robbery ---------- ------— _______ _ 265 Slave trading, etc ----- - ----------- 267 Neither country bound to deliver up its own citizens..._ 270 No delivery if trial barred by limitations__ — _ --- —___ 271 No surrender for political offenses_ --- __ _271 Attempts against head of government not a political offense -______ __ --- —- __ --- —-271 Political offenses prior to extradition ---— __- 271 Persons claimed by other countries —__-_ __ --- — 272 Extradition may be deferred_ ----, --- -— _ — 273 Plenipotentiaries — _ — ------ ------------ 264 878 INDEX. TREATIES AND CONVENTIONS-Continued. Page. With Cuba-Continued. April 6, 1904-Continued. Treaty for the mutual extradition of fugitives, etc.-Con. Preamble ___ --- —----— _ --- —--— _ 264 Ratification _ ____ --- —-- — _ —.___-___ ___274 Reciprocal delivery of persons charged with crimes__- 265 Requisitions _ __- ------------------— 2 _ 269 Copies of sentence, etc., required _ — — _ — ----- 269 Proceedings_______ _ ---— ____ --- — - 269 Trials to be only for offenses for which extradited_ ---_ 272 December 6, 1904 -Protocol amending Spanish text of extradition treaty —_____ 275 Contracting parties_ __ —____ _ __ --- —-— _ __ 275 Modifications in.Spanish text --- __ _ --- —-------- 276 Preamble ---— __ _ --- —_ —____ --- —--— _ 275 Ratification __ ___ --- —- _ — ___ -------— _ 277 Signatures ____ --- —--— __ — _ —____ ---_276 Proclamation by the President convening extraordinary session of Congress for approval of reciprocal commercial convention_-__ 283 With PanamaNovember 18, 1903 -Isthmian Canal convention ------— ___ ___ --- —- _ --- 244 Armed protection of canal__..-______ — ___ ___ 253 Canal property and employees exempt from taxes_ - _. 249 Colon and Panama to be free ports_ ___ --- —---- - 248 Anchorage, repairs, etc-__ _ --- —--------— _ 249 Collection of import duties __ --- —-- — _ --------- 249 Exceptions _-__ --- —------- - — _ ----- 248 Vessels using canal___ -__- __ —___ --- —__ 248 Commission to appraise damages__ _____ —__ ---_ 250 Compensation for rights, etc., conveyed_ ---------— __250 Additional benefits —,_ __ --- —— __ ---_ — - 250 Operation of treaty not to be delayed ____ --- —--- 250 Contracting parties __ --- —_ ----. - _- -— _ 245 Exchange of ratifications.. ____ --- —----- - ___ _ _ -— _ 253 Existing private rights _ _ ---__ _-___- _ __ --- 246 Damages to be appraised by joint commission —_____ 247 Payment of awards___ _ _ --- —-_ _ __ — _ 247 Free use by Panama of canal, etc__ -------------- - 251 Future agreement for extradition to be made __ --- —-_ 251 Grant to the United States free from all prior claims... 252 Independence of Panama guaranteed -------— _ _245 Isthmian Canal Zone granted in perpetuity_ -------- 245 Adjoining lands, etc ------— ___ —___-__ _ _ 245 Islands within limits of zone, etc ------------- 246 Modification, etc., of prior treaties — ____________ --- _ 251 Naval and coaling stations --- __ _- __ --- — _- __ 253 Perpetual monopoly of isthmian transit ------------ 246 Perpetual neutrality of canal_ -----------— __ _ _ 251 Ports of refuge __ _ --- —--— ___ --- —--- 251 Plenipotentiaries -- _ _ _ __ --- —------------- 245 Preamble ---- ---------------------------- 241 Privileges of canal employees __ ___ --- — — _ — _ 249 Proclamation by the President__ _ --- —_ —__ --- —- 254 Property rights to present canal and railroad transferred —__ ----_ — -------------— _ 248 Ratifications --— __ —__ __ --- — - -_____ --- 254 Rights in prior concessions transferred to United States 252 Absolute title granted —___ _ --- —---— _ 253 Rights of United States declared —_ __ --------- 253 Sanitation and water supply of Colon and Panama _ --- 247 Construction of works --- _ _- _ -- _ _- _ _ 247 Compulsory compliance with sanitary ordinances__ 248 Expense to be paid by United States_ _ --- —- 247 Maintenance of public order-__ ----— ___ - -_ 248 Water and sewerage rates _ --- —-_ — ___ _ ---247 Signatures -.-.-.-. ----. --- ——.. ----- 254 INDEX. 379 TREATIES AND CONVENTIONS-Continued. Page. With Panama-Continued. November 18, 1903-Continued. Isthmian Canal convention-Continued. Telegraph and telephone service __..-..- 249 Territorial sovereignty over zone --- — ------- 246 Vessels, construction materials, supplies, etc., admitted free 250 Water rights -—.. ------- --- ---- 246 TRONO, VALENTINE, ET AL., plaintiffs in error, v. The United States, decision of the Supreme Court (199 U. S., 521) ---— _ __ --- — 307 TURNER, WILLIAM B.: Payment to, for indexing, etc., Report'of the Isthmian Canal Commission-__ ----------— _ --- — 113 TUTUILA NAVAL STATION, SAMOAN ISLANDS: Appropriation for, public works, Bureau of Yards and DocksLumber shed and boathouse ---------------- - 70 Wharf_ --- —------— _ --- —--------- 58 TWELFTH CENSUS: Appropriation for statistical work, Philippines, etc- 122, 123 UNION PIONEER MINING AND TRADING COMPANY: Authorized to bridge Catalla Creek, Alaska__ ---------- 22 Construction, time of__ ----------------------- 23 Drawbridge --- —-------------------- 22 Lawful structure and post route --------------- 22 Lights, etc -.... --- —-- - -_ --- —-------- 22 Location to be approved by Secretary of War --------- 22 Plans to be approved by Secretary of War -- _-_ --- —------- 23 Changes ------------------------ 23 Telegraph, etc., rights — ----— _ --- - ------ 22 Wagon and foot bridge — ------------------- 22 Toll -— __ _ -------- - - -___ --- —------ 22 "UNITED STATES ASSAY," ETC.: Stamping gold and silver articles with, forbidden- _.. --- — -_ 223 Penalties 223 Seizure and forfeiture of articles in transit ------------ 223 UNITED STATES COURTS: Appropriation forDistrict courtAlaska -------—.... --- ——..-.__- _ —_ ----.__ 228 Hawaii__ ------------- ------------- 96,228 Miscellaneous expenses, available for Alaska — __-__-_ --- —-- 44 Awards in claims to be made on settlement of auditor having jurisdiction ----------- ---- -------- ------ 79, 80 UNITED STATES MARINE CORPS. (See Marine Corps.) UNITED STATES PHILIPPINE COMMISSION. (See Philippine Commission.) UNITED STATES SOLDIERS' HOME: Chief of Military Secretary's Department to be member of Board of Commissioners of -- ------- 53 UNITED STATES VESSELS: To be used in carrying army and navy supplies- 64 URRUTIA, JOSE: Dones, Francisco, appellant, v., warden of the penitentiary of Porto Rico, appellee, decision of the Supreme Court (202 U. S.., 614) ------------..-...-.. ----_ ---- ---------- 309 VALDEZ, ALASKA: Appropriation forMilitary cable to Seward from — ---- _ ------._-..- 66 Survey, etc., of military road to Fort Egbert from ---—. --- —-- 56, 73 VESSELS: Exempt from tonnage dues in Philippine Islands ------.__ -- 203 Foreign, tonnage tax on, may be modified by Philippine government-. 135 VESSELS OF THE UNITED STATES: Carrying goods between United States and Philippines, restricted after July 1, 1906, to — __ ----------------- 119 Time extended to April 11, 1909_ --- —-- -------- 120 To be used in carrying army and navy supplies ----— _ — 64 VIDAM, JOSE JUAN, ET AL., in re Vidal, decision of the Supreme Court (179 U. S., 126) --------------------------- 289 'VIRGINIA: Payment to citizens of, damages, war with Spain -------..- 84 VOLUNTEERS: Claims of States and Territories for expenses of raising, etc., war with Spain, to be presented before January 1, 1906 ------- ___- 80,81 Settlement of, on governor's certificate-__ ---_ -- ------- 81 380 INDEX. WAR DEPARTMENT: Page. Adjutant-General's Office merged in Military Secretary's Office ---- 52 Appropriation forArmories and arsenals -------------- ----------------- 63 Arrears of pay, war with Spain, etc --- —- ----------------- 63, 72 Bringing home remains of officers, etc -___ --- —-------- 63,72 Locating military trail between Yukon River and Coldfoot, Alaska ----— _ ___ ---- _ --- —— __ -- - -------- 56,73 National cemeteries --- ---------— _ --- _ __ --- ----— 63, 72 Reimbursement to the government of Philippine Islands, maintenance of prisoners ---__ __ _ --- —-------------- 117 Survey for wagon road from Valdez to Fort Egbert, Alaska ---- 56,73 Military Secretary's Department. (See Military Secretary's Department, Army.) Record and Pension Office. (See Record and Pension Office, War Department.) Warner, Barnes & Company (Ltd.): Appellant, v. The United States, decision of the Supreme Court, No. 149 (197 U. S., 419; also 202 UJ. S., 484)- ---------------- 305 Plaintiffs in error, v. Nevada N. Stranahan, collector of customs of the port of New York, defendant in error, decision of the Supreme Court (191 U. S., 560) -2 --- —---------------------- 299 WAR WITH SPAIN: Appropriation for arrears of pay, officers and men, Army, during ---- 63, 72 States and Territories, reimbursement of, for expenses equipping volunteers, etc., during -----------------— 5 --- —-- 80,81 Final settlement of partly disallowed claims~ - ---------- - 81 Governor's certificate sufficient proof. of expenses incurred --- —- 81 Time for presenting claims extended --— S --- —--------- 80 Time for presenting State claims for expenses raising volunteers, extended ----------------------------— _-___-___-______ 80 WEATHER BUREAU: Appropriation forHawaiiMaintenance of stations ---------- __ ----____- 218. 224 Salaries -------- -------- - ------- ------ 217,224 West IndiesMaintenance of stations -------- ----------------- 218,224 Salaries --------------- ----- _- ____ ---- ____ 217, 224 WELLES HARBOR, MIDWAY ISLANDS: Appropriation for survey of channel ---- — __ --- —-- 69 Preliminary examination of, to be made --------------— _ __ 71 WESTERN ALASKA CONSTRUCTION COMPANY: Relieved for five years of operating license -— __ -— _ —_-__ — __- 25 Conditions — --- --------- - ---------- --------- 25 Time extended for completing railroad --------------------- 4 Completion of first section ------- ____ ---- _ _ --- —-__ 4 Filing map --------- -------------- _ --------- -__ 4 Time limit for -------- ----- -_ __ --- —---- 4 Time of construction —_ _ __ _ --- —------— _ ------ 4, 5 WEST INDIES: Appropriation for Weather Bureau, salaries, maintenance of stations --- —-------- ---------- 2 17, 218, 224 WETZEL, FERDINAND: Appropriation for --- —--— __ _ ___ --- —---- 84 WHARF CHARGES, PHILIPPINE ISLANDS: Levied on goods exported -- ---— 2 --- —----------------- 203 Exemptions — --------------------- 203 WILLIAMS, WM.: Gonzales, Isabella, appellant. v. United States commissioner of immigration at the port of New York, appellee, decision of the Supreme Court (192 U. S.. 1)-2 --- —------------------- 299 WOOD PULP, ETC.: Export of, from Alaska timber permitted- --------- 32 YUKON RIVER, ALASKA: Appropriation forLocating military trail to Coldfoot, on Koyukuk River_.._ ---- 56, 75 3 Survey, etc., road from Valdez to Fort Egbert --— ______ — 56, 73 0